Vol. 80 Tuesday, No. 81 April 28, 2015
Pages 23441–23672
OFFICE OF THE FEDERAL REGISTER
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The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Email [email protected] Federal Register the day before they are published, unless the Phone 202–741–6000 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.fdsys.gov, a service of the U.S. Government Publishing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 80 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.
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Contents Federal Register Vol. 80, No. 81
Tuesday, April 28, 2015
Agency for International Development Commerce Department NOTICES See International Trade Administration Meetings: See National Institute of Standards and Technology President’s Global Development Council, 23496 See National Oceanic and Atmospheric Administration NOTICES Agricultural Marketing Service Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 23500–23504 National Organic Program; Origin of Livestock, 23455– 23477 Commodity Futures Trading Commission NOTICES Agriculture Department Meetings: See Agricultural Marketing Service Global Markets Advisory Committee, 23506–23507 See Animal and Plant Health Inspection Service NOTICES Corporation for National and Community Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 23496–23497 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23507 Animal and Plant Health Inspection Service NOTICES Education Department Meetings: USDA Stakeholder Workshop on Coexistence, 23497– RULES 23498 Assistance to States for the Education of Children with Pest Risk Analyses: Disabilities, 23644–23671 NOTICES Importation of Fresh Pitahaya from Israel into the Applications for New Awards: Continental U.S., 23497 Enhanced Assessment Instruments Grants Program, Centers for Disease Control and Prevention Enhanced Assessment Instruments, 23507–23514 Indian Education Discretionary Grants Programs –– NOTICES Demonstration Grants for Indian Children Program, Agency Information Collection Activities; Proposals, 23514–23520 Submissions, and Approvals, 23554–23555
Centers for Medicare & Medicaid Services Employment and Training Administration NOTICES RULES Agency Information Collection Activities; Proposals, Temporary Employment of Foreign Workers in the United Submissions, and Approvals, 23555–23557 States; CFR Correction, 23443
Chemical Safety and Hazard Investigation Board Energy Department NOTICES See Federal Energy Regulatory Commission Meetings; Sunshine Act, 23498 See Western Area Power Administration NOTICES Civil Rights Commission Applications: NOTICES Clean Line Plains and Eastern Transmission Line, 23520– Meetings: 23522 Arizona Advisory Committee, 23499 Illinois Advisory Committee, 23498–23499 Environmental Protection Agency Mississippi Advisory Committee, 23499–23500 RULES Air Quality State Implementation Plans; Approvals and Coast Guard Promulgations: RULES Redesignation of the Harrisburg-Lebanon-Carlisle-York Drawbridge Operations: Nonattainment Areas to Attainment for the 1997 Lewis and Clark River, Astoria, OR, 23445 Annual and the 2006 24-Hour Fine Particulate Matter Willamette River, Portland, OR, 23444 Standard, PA; Correction, 23449 Safety Zones and Regulated Navigation Areas: Yolo-Solano Air Quality Management District; CA, Shell Arctic Drilling/Exploration Vessels and Associated 23449–23452 Voluntary First Amendment Area, Puget Sound, WA, PROPOSED RULES 23445–23448 Air Quality State Implementation Plans; Approvals and PROPOSED RULES Promulgations: Special Load Line Exemption for Lake Michigan, Muskegon Texas; Attainment Demonstration for the Dallas/Fort Route, 23493–23495 Worth 1997 8-Hour Ozone Nonattainment Area; Special Local Regulations: Determination of Attainment of the 1997 Ozone Suncoast Super Boat Grand Prix; Gulf of Mexico, Standard, 23487–23493 Sarasota, FL, 23484–23487 Yolo-Solano Air Quality Management District; CA, 23487
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NOTICES Petitions: Agency Information Collection Activities; Proposals, Benjamin Riggs v. Rhode Island Public Utilities Submissions, and Approvals: Commission; Enforcement, 23525 Availability of Work Plan Chemical Problem Formulation Preliminary Permit Applications: and Initial Assessment for 1,4–Dioxane, 23545–23546 Murphy Dam, LLC, 23529–23530 Lead-Based Paint Pre-Renovation Information Qualifying Conduit Hydropower Facilities: Dissemination, 23541–23542 Los Angeles County Public Works, 23533–23534 Monthly Progress Reports, 23544–23545 Requests for Waivers: Pre-Manufacture Review Reporting and Exemption JBBR Pipeline, LLC, 23527 Requirements for New Chemical Substances and Staff Attendances, 23522 Significant New Use Reporting Requirements for Temporary Waivers of Filing and Reporting Requirements: Chemical Substances, 23543–23544 Western Refining Pipeline, LLC, 23523 Residential Lead-Based Paint Hazard Disclosure Termination of Exemptions: Requirements, 23540–23541 Bradley D. Reeves, Kevin Drone, 23534–23535 State Small Business Stationary Source Technical and Environmental Compliance Assistance Programs Federal Highway Administration Annual Reporting Form, 23542–23543 NOTICES Meetings: Agency Information Collection Activities; Proposals, Input on Potential Actions to Prepare for and Respond to Submissions, and Approvals, 23636–23639 Cyanotoxins in Drinking Water; Webinars, 23542 Federal Maritime Commission Federal Aviation Administration NOTICES RULES Petitions: Special Conditions: National Customs Brokers and Forwarders Association of Boeing Model 787–9; Single-Occupant Oblique Seats, America, 23549–23550 Airbag Devices; Test Requirements, 23441–23443 Federal Mediation and Conciliation Service NOTICES Federal Communications Commission Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Radio Broadcasting Services: Labor–Management Relations, 23550–23551 Shelter Island, NY, 23454 Reform of Rules Governing the 800 MHz Cellular Service, Federal Reserve System 23452–23454 NOTICES NOTICES Formations of, Acquisitions by, and Mergers of Bank Agency Information Collection Activities; Proposals, Holding Companies, 23551 Submissions, and Approvals, 23547–23549 Meetings: Fish and Wildlife Service Downloadable Security Technology Advisory Committee, NOTICES 23548 Applications: Copenhagen Wind Farm, LLC; Early Scoping for an Federal Deposit Insurance Corporation Incidental Take Permit and Draft Habitat PROPOSED RULES Conservation Plan, 23567–23570 Large Bank Deposit Insurance Determination Modernization, 23478–23484 Foreign Assets Control Office NOTICES Federal Energy Regulatory Commission Blocking or Unblocking of Persons and Properties, 23639– NOTICES 23640 Applications: General Services Administration Bison Peak Pumped Storage, LLC., 23532–23533 NOTICES McMahan Hydroelectric LLC, 23525–23526 Agency Information Collection Activities; Proposals, Transcontinental Gas Pipe Line Co., LLC, 23538 Submissions, and Approvals: Combined Filings, 23523–23524 Identification of Products with Environmental Attributes, Environmental Assessments; Availability, etc.: 23551–23552 Tennessee Gas Pipeline Company, LLC; Abandonment Digital Innovation and Strategy Hack-a-Thon, 23552–23554 and Capacity Restoration Project, 23530–23532 Environmental Impact Statements; Availability, etc.: Health and Human Services Department Mountain Valley Pipeline, LLC; Public Scoping Meetings, See Centers for Disease Control and Prevention 23535–23538 See Centers for Medicare & Medicaid Services Guidelines for Reporting on Cultural Resources See Indian Health Service Investigations for Pipeline Projects, 23528–23529 See National Institutes of Health Hydroelectric Applications: NOTICES Erie Boulevard Hydropower, LP and Saint Regis Mohawk Meetings: Tribe, 23526–23527 Presidential Advisory Council on HIV/AIDS, 23557– License Amendment Applications: 23558 Green Mountain Power Corporation, 23528 License Applications: Homeland Security Department Georgia Power Company, 23524–23525 See Coast Guard
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See U.S. Citizenship and Immigration Services National Institutes of Health NOTICES Housing and Urban Development Department Meetings: NOTICES National Cancer Institute, 23561–23562 Agency Information Collection Activities; Proposals, National Center for Complementary and Integrative Submissions, and Approvals: Health, 23562–23563 Certification of Consistency with Sustainable National Institute of Allergy and Infectious Diseases, Communities Planning and Implementation, 23566– 23562 23567 National Institute of Biomedical Imaging and Family Self Sufficiency Program Demonstration, 23565– Bioengineering, 23560 23566 National Institute of Diabetes and Digestive and Kidney Service Coordinators in Multifamily Housing, 23564 Diseases, 23560 National Institute of Neurological Disorders and Stroke, 23562 Indian Affairs Bureau National Toxicology Program Board of Scientific NOTICES Counselors, 23560–23561 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Law and Order on Indian Reservations –– Marriage and National Oceanic and Atmospheric Administration Dissolution Applications, 23570–23571 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 23506 Indian Health Service NOTICES National Park Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Intent to Repatriate Cultural Items: Indian Health Service Loan Repayment Program, 23558– Beneski Museum of Natural History, Amherst College, 23559 Amherst, MA; Corrections, 23572 Office of Tribal Self-Governance Program; Negotiation Brooklyn Museum, Brooklyn, NY, 23594–23595 Cooperative Agreement; Correction, 23558 School for Advanced Research, Indian Arts Research Office of Tribal Self-Governance Program; Planning Center, Santa Fe, NM, 23588–23589 Cooperative Agreement; Correction, 23559–23560 U.S. Department of the Interior, National Park Service, Big Cypress National Preserve, Ochopee, FL, 23572– Interior Department 23573 See Fish and Wildlife Service Inventory Completions: See Indian Affairs Bureau Arizona State Museum, University of Arizona, Tucson, See National Park Service AZ, 23586–23588 Arkansas Archeological Survey, Fayetteville, AR; Internal Revenue Service Corrections, 23585–23586 RULES California State University, Sacramento, Sacramento, CA,; Period of Limitations on Assessment for Listed Intent to Repatriate Cultural Items; Corrections, Transactions Not Disclosed under the Internal Revenue 23577–23578 Code; Correction, 23443–23444 Native American Human Remains, Associated Funerary Objects in the Possession of the U.S. Department of International Trade Administration the Interior, National Park Service, Jean Lafitte NOTICES National Historical Park and Preserve, New Orleans, Establishment of a Ready Applicant Pool for Department of LA; Corrections, 23589 Commerce Trade Missions, 23504–23505 Robert S. Peabody Museum of Archaeology, Phillips Establishment of Expedited Trade Mission Procedures, Academy, Andover, MA, 23582–23583 23505 San Bernardino County Museum, Redlands, CA, 23579– 23580 State Historical Society of Iowa, Iowa City, IA, 23574– Justice Department 23576 NOTICES Thomas Burke Memorial Washington State Museum, Charter Renewals: University of Washington, Seattle, WA, 23580–23584 National Commission on Forensic Science; Requests for U.S. Department of the Interior, Bureau of Indian Affairs, Applications, 23595–23596 Washington, DC, and the Thomas Burke Memorial Proposed Consent Decrees: Washington State Museum, University of Clean Water Act, 23596 Washington, Seattle, WA, 23571–23572 U.S. Department of the Interior, National Park Service, Labor Department Big Cypress National Preserve, Ochopee, FL, 23589– See Employment and Training Administration 23591 U.S. Department of the Interior, National Park Service, De National Institute of Standards and Technology Soto National Memorial, Bradenton, FL, 23584– NOTICES 23585 Meetings: U.S. Department of the Interior, National Park Service, Manufacturing Extension Partnership Advisory Board, Isle Royale National Park, Houghton, MI, 23591– 23505–23506 23592
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U.S. Department of the Interior, National Park Service, Georgia, 23634 Petrified Forest National Park, Petrified Forest, AZ, Tennessee; Amendment 1, 23634–23635 23573–23574 West Virginia; Amendment 1, 23635 Wisconsin Historical Society, Museum Division, Madison, WI, 23576–23577 State Department Repatriation of Cultural Items: NOTICES San Bernardino County Museum, Redlands, CA, 23592– Culturally Significant Object Imported for Exhibition: 23593 Frederick Leighton’s Flaming June, 23635 State Historical Society of Iowa, Des Moines, IA, 23593– Designations as Global Terrorists: 23594 Christodoulos Xiros, 23636 Nikolaos Maziotis a.k.a. Nikos Maziotis, 23635 National Science Foundation NOTICES Transportation Department Service Contract Inventories, 23596 See Federal Aviation Administration Nuclear Regulatory Commission See Federal Highway Administration NOTICES Combined License Applications: Treasury Department Nuclear Innovation North America LLC; South Texas See Foreign Assets Control Office Project, Units 3 and 4, 23597–23598 See Internal Revenue Service Direct Transfers of Licenses: Crystal River Nuclear Generating Plant, Unit 3, 23612– U.S. Citizenship and Immigration Services 23615 NOTICES Facility Operating and Combined Licenses: Agency Information Collection Activities; Proposals, Applications and Amendments Involving No Significant Submissions, and Approvals: Hazards Considerations, etc., 23598–23609 Petition to Remove the Conditions on Residence, 23563 License Amendment Applications: Department of Energy; Idaho Spent Fuel Facility Veterans Affairs Department Independent Spent Fuel Storage Installation, 23610 NOTICES Meetings: Agency Information Collection Activities; Proposals, Advisory Committee on Reactor Safeguards, 23611–23612 Submissions, and Approvals: Advisory Committee on Reactor Safeguards Reimbursement of Certain Medical Expenses for Camp Subcommittee on Fukushima, 23610–23611 Lejeune Family Members, 23640–23641 Advisory Committee on Reactor Safeguards Subcommittee on Planning and Procedures, 23598 Western Area Power Administration Advisory Committee on Reactor Safeguards NOTICES Subcommittee on Reliability and PRA, 23609–23610 Record of Decisions: Interconnection of the Grande Prairie Wind Farm, Holt Personnel Management Office County, NE, 23538–23540 NOTICES Meetings: National Council on Federal Labor–Management Relations, 23615 Separate Parts In This Issue
Securities and Exchange Commission Part II NOTICES Education Department, 23644–23671 Meetings: Equity Market Structure Advisory Committee, 23625 Self-Regulatory Organizations; Proposed Rule Changes: Reader Aids Chicago Board Options Exchange, Inc., 23618 NASDAQ OMX BX, Inc., 23615–23618 Consult the Reader Aids section at the end of this page for SS and C Technologies, Inc., 23618–23625 phone numbers, online resources, finding aids, reminders, The NASDAQ Stock Market, LLC, 23625–23634 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Small Business Administration LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Disaster Declarations: archives, FEDREGTOC-L, Join or leave the list (or change Florida, 23634 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.
7 CFR Proposed Rules: 205...... 23455 12 CFR Proposed Rules: 360...... 23478 14 CFR 25...... 23441 20 CFR 655...... 23443 26 CFR 301...... 23443 33 CFR 117 (2 documents) ...... 23444, 23445 165...... 23445 Proposed Rules: 100...... 23484 34 CFR 300...... 23644 40 CFR 52 (2 documents) ...... 23449 Proposed Rules: 52 (2 documents) ...... 23487 46 CFR Proposed Rules: 45...... 23493 47 CFR 22...... 23452 73...... 23454
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Rules and Regulations Federal Register Vol. 80, No. 81
Tuesday, April 28, 2015
This section of the FEDERAL REGISTER Building Ground Floor, Washington, DC written comments, data, or views. The contains regulatory documents having general 20590–0001. most helpful comments reference a applicability and legal effect, most of which • Hand Delivery or Courier: Take specific portion of the special are keyed to and codified in the Code of comments to Docket Operations in conditions, explain the reason for any Federal Regulations, which is published under Room W12–140 of the West Building recommended change, and include 50 titles pursuant to 44 U.S.C. 1510. Ground Floor at 1200 New Jersey supporting data. The Code of Federal Regulations is sold by Avenue SE., Washington, DC, between 9 We will consider all comments we the Superintendent of Documents. Prices of a.m. and 5 p.m., Monday through receive by the closing date for new books are listed in the first FEDERAL Friday, except Federal holidays. comments. We may change these special REGISTER issue of each week. • Fax: Fax comments to Docket conditions based on the comments we Operations at 202–493–2251. receive. Privacy: The FAA will post all Background DEPARTMENT OF TRANSPORTATION comments it receives, without change, to http://www.regulations.gov/, On July 5, 2009, The Boeing Company Federal Aviation Administration including any personal information the applied for an amendment to Type commenter provides. Using the search Certificate No. T00021SE to include the 14 CFR Part 25 function of the docket Web site, anyone new Model 787–9 airplane. The Model can find and read the electronic form of 787–9, which is a derivative of the [Docket No. FAA–2015–0692; Special Model 787 airplane currently approved Conditions No. 25–580–SC] all comments received into any FAA docket, including the name of the under Type Certificate No. T00021SE, is a wide-body twin-jet with wing- Special Conditions: Boeing Model 787– individual sending the comment (or mounted engines. It has a 420-passenger 9, Dynamic Test Requirements for signing the comment for an association, capacity, a maximum takeoff weight of Single-Occupant Oblique (Side-Facing) business, labor union, etc.). DOT’s 553,000 lb, and is equipped with two Seats With Airbag Devices complete Privacy Act Statement can be found in the Federal Register published Rolls-Royce Trent T1000 or General AGENCY: Federal Aviation on April 11, 2000 (65 FR 19477–19478), Electric GENx engines. Administration (FAA), DOT. as well as at http:// Amendment 25–15 to part 25, dated October 24, 1967, introduced the subject ACTION: Final special condition; request DocketsInfo.dot.gov/. of side-facing seats and a requirement for comments. Docket: Background documents or comments received may be read at that each occupant in a side-facing seat SUMMARY: These special conditions are http://www.regulations.gov/ at any time. must be protected from head injury by a safety belt and a cushioned rest that issued for the Boeing Model 787–9 Follow the online instructions for will support the arms, shoulders, head, airplane. This airplane has a novel or accessing the docket or go to Docket and spine. unusual design feature associated with Operations in Room W12–140 of the side-facing, oblique seats. The Subsequently, Amendment 25–20, West Building Ground Floor at 1200 dated April 23, 1969, clarified the applicable airworthiness regulations do New Jersey Avenue SE., Washington, not contain adequate or appropriate definition of sideward-facing seats to DC, between 9 a.m. and 5 p.m., Monday require that each occupant of a seat that safety standards for occupants of seats through Friday, except Federal holidays. installed at an angle of greater than 18 is positioned at more than an 18-degree FOR FURTHER INFORMATION CONTACT: Jeff angle to the vertical plane containing degrees, but substantially less than 90 Gardlin, Airframe and Cabin Safety, degrees, to the centerline of the the airplane centerline must be ANM–115, Transport Airplane protected from head injury by a safety airplane, nor for airbag devices. These Directorate, Aircraft Certification special conditions contain the belt and an energy-absorbing rest that Service, 1601 Lind Avenue SW., supports the arms, shoulders, head, and additional safety standards that the Renton, Washington 98057–3356; Administrator considers necessary to spine; or by a safety belt and shoulder telephone 425–227–2136; facsimile harness that prevents the head from establish a level of safety equivalent to 425–227–1149. that established by the existing contacting injurious objects. The FAA SUPPLEMENTARY INFORMATION: concluded that a maximum 18-degree airworthiness standards. The FAA has determined that notice of, and angle would provide an adequate level DATES: This action is effective on April opportunity for prior public comment of safety based on tests that were 28, 2015. We must receive your on, these special conditions are performed at that time, and thus comments by June 12, 2015. impracticable because these procedures adopted that standard. ADDRESSES: Send comments identified would significantly delay issuance of Part 25 was amended June 16, 1988, by docket number FAA–2015–0692 the design approval and thus delivery of by Amendment 25–64, to revise the using any of the following methods: the affected airplane. emergency-landing conditions that must • Federal eRegulations Portal: Go to The FAA therefore finds that good be considered in the design of the http://www.regulations.gov/ and follow cause exists for making these special airplane. Amendment 25–64 revised the the online instructions for sending your conditions effective upon publication in static-load conditions in § 25.561, and comments electronically. the Federal Register. added a new § 25.562 that required • Mail: Send comments to Docket dynamic testing for all seats approved Operations, M–30, U.S. Department of Comments Invited for occupancy during takeoff and Transportation (DOT), 1200 New Jersey We invite interested people to take landing. The intent of Amendment 25– Avenue SE., Room W12–140, West part in this rulemaking by sending 64 is to provide an improved level of
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safety for occupants on transport- Considerations, at Amendment 25–106; 787, these existing special conditions do category airplanes. Because most seating and § 25.125, Landing, at Amendment not fully address the complex occupant- is forward-facing on transport-category 25–108. loading conditions introduced by a seat airplanes, the pass/fail criteria In addition, the certification basis that is at an oblique angle to the developed in Amendment 25–64 includes certain special conditions, centerline of the airplane. Special focused primarily on these seats. As a exemptions, or later amended sections Conditions 25–458–SC, ‘‘Boeing Model result, the FAA issued Policy of the applicable part that are not 787 Series Airplanes; Single-place Side- Memorandums ANM–03–115–30, relevant to these special conditions. facing Seats with Inflatable Lapbelts,’’ ‘‘Side-facing Seats on Transport If the Administrator finds that the apply to fully side-facing (90 degree) Category Airplanes,’’ and PS–ANM– applicable airworthiness regulations seats installed on the 787. Special 100–2000–00123 ‘‘Guidance for (i.e., 14 CFR part 25) do not contain Conditions 25–552–SC, ‘‘Boeing Model Demonstrating Compliance with Seat adequate or appropriate safety standards 787–9, Side-Facing Seats,’’ were Dynamic Testing for Plinths and for the Boeing Model 787–9 airplane applicable to a specific 49-degree Pallets,’’ to provide the additional because of a novel or unusual design oblique seat installation, and do not guidance necessary to demonstrate the feature, special conditions are contain sufficient criteria for general level of safety required by the prescribed under the provisions of oblique seat installations. regulations for fully side-facing seats. § 21.16. Boeing is installing airbag devices on To reflect current research findings, Special conditions are initially these seats, either in the lapbelts or the FAA developed a methodology to applicable to the model for which they mounted in the structure around the address all fully side-facing seats (i.e, are issued. Should the type certificate seats. Airbag devices installed in seats oriented in the airplane with the for that model be amended later to lapbelts on the 787 are addressed by occupant facing 90 degrees to the include any other model that Special Conditions 25–431–SC, ‘‘Boeing direction of airplane travel) and has incorporates the same novel or unusual Model 787 Series Airplanes; Seats With documented those requirements in a set design feature, or should any other Inflatable Lapbelts.’’ We are currently of proposed new special conditions. The model already included on the same developing special conditions to apply FAA issued Policy Statement PS–ANM– type certificate be modified to to structure-mounted airbag devices 25–03–R1 to document the injury incorporate the same novel or unusual installed on the 787. criteria associated with neck and leg design feature, the special conditions Discussion injuries for fully side-facing seats that would also apply to the other model. will be used in special conditions In addition to the applicable The business-class seating issued after the implementation of the airworthiness regulations and special configuration proposed by Boeing is policy. conditions, the Boeing Model 787–9 unique due to the seat installation at a The criteria described in the above airplane must comply with the fuel-vent 30-degree angle to the airplane policy statements were written for fully and exhaust-emission requirements of centerline. Special Conditions 25–458– side-facing seats and do not fully 14 CFR part 34, and the noise- SC and 25–552–SC were not intended to address the complex occupant-loading certification requirements of 14 CFR address this configuration, nor is this conditions introduced by a seat that is part 36. configuration specifically addressed by at an oblique angle to the centerline of The FAA issues special conditions, as Policy Statement PS–ANM–25–03–R1 the airplane. The Model 787–9 business- defined in 14 CFR 11.19, in accordance (which is intended to address fully side- class seat installation is novel such that with § 11.38, and they become part of facing seats, i.e., 90-degree installation the current Model 787 side-facing seat the type-certification basis under angle). However, we believe the special conditions do not adequately § 21.101. occupant-injury criteria conveyed in convey occupant protection this policy statement is applicable to Novel or Unusual Design Features expectations for an oblique-seat this type of configuration as it applies installation. Therefore, the configuration The Boeing Model 787–9 airplane will to evaluating neck injuries. Due to the Boeing proposes requires new special incorporate the following novel or unique seat-installation angle, these conditions. unusual design features: special conditions also include spinal- Installation of Zodiac Seats France loading injury criteria. Type Certification Basis Cirrus III model oblique business-class These special conditions contain the Under the provisions of Title 14, Code passenger seats manufactured by Zodiac additional safety standards that the of Federal Regulations (14 CFR) 21.101, Seats UK, which are seats installed at an Administrator considers necessary to Boeing must show that the 787–9, as angle of 30 degrees to the airplane establish a level of safety equivalent to changed, continues to meet the centerline. These seats will include that established by the existing applicable provisions of the regulations airbag devices for occupant restraint and airworthiness standards. listed in Type Certificate No. T00021SE, injury protection. This particular design Applicability or the applicable regulations in effect on allows for the upper torso to align with the date of application for the change, the impact vector, but may restrict the As discussed above, these special except for earlier amendments as agreed knees/legs from fully aligning. The conditions are applicable to the Boeing upon by the FAA. The regulations listed applicable airworthiness regulations do Model 787–9 airplane. These special in the type certificate are commonly not contain adequate or appropriate conditions can be applied to oblique referred to as the ‘‘original type- safety standards for occupants of seats seats installed at an angle greater than certification basis.’’ installed in the proposed configuration. 18 degrees but less than 46 degrees to The regulations listed in T00021SE To provide a level of safety equivalent the vertical plane containing the are as follows: to that afforded to occupants of forward- airplane centerline. Should Boeing The type-certification basis for the and aft-facing seats, additional apply at a later date for a change to the Model 787–9 airplane is 14 CFR part 25, airworthiness standards, in the form of type certificate to include another effective February 1, 1965, as amended special conditions, are necessary. model incorporating the same novel or by Amendments 25–1 through 25–128, Although we have issued side-facing- unusual design feature, the special except § 25.795, Security seat special conditions applicable to the conditions would apply to that model as
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well. The angle of installation and performance, then additional analysis or ‘‘Guidance for Demonstrating detailed design features will determine separate test(s) may be necessary to Compliance with Seat Dynamic Testing the nature of the occupant response. evaluate performance. for Plinths and Pallets,’’ is acceptable to The FAA will amend these special 3. Neck Injury Criteria: The seating the FAA. conditions or issue new special system must protect the occupant from Inflatable Lapbelt Conditions conditions, should unusual occupant experiencing serious neck injury. The response in the required dynamic tests, assessment of neck injury must be If inflatable lapbelts are installed on or additional research into occupant- conducted with the inflatable restraint single-place side-facing seats, the injury mechanisms, indicate these activated unless there is reason to also inflatable lapbelt(s) must meet Special special conditions are inadequate. Any consider that the neck-injury potential Conditions 25–431–SC. future special conditions would include would be higher below the inflatable- Issued in Renton, Washington, on April 14, due public notice. restraint threshold. 2015. a. The N must be below 1.0, where Conclusion ij Michael Kaszycki, Nij = Fz/Fzc + My/Myc, and Nij intercepts This action affects only certain novel Acting Manager, Transport Airplane limited to: Directorate, Aircraft Certification Service. or unusual design features on one model i. Fzc = 1530 lb for tension. [FR Doc. 2015–09784 Filed 4–27–15; 8:45 am] of airplane. It is not a rule of general ii. Fzc = 1385 lb for compression. BILLING CODE 4910–13–P applicability. iii. Myc = 229 lb-ft in flexion. Under standard practice, the effective iv. Myc = 100 lb-ft in extension. date of final special conditions would b. In addition, peak Fz must be below be 30 days after the date of publication 937 lb in tension and 899 lb in DEPARTMENT OF LABOR in the Federal Register; however, as the compression. certification date for the Boeing Model c. Rotation of the head about its Employment and Training 787–9 airplane is imminent, the FAA vertical axis relative to the torso is Administration finds that good cause exists to make limited to 105 degrees in either these special conditions effective upon direction from forward-facing. 20 CFR Part 655 publication in the Federal Register. d. The neck must not impact any surface. Temporary Employment of Foreign List of Subjects in 14 CFR Part 25 4. Spine and Torso Injury Criteria: Workers in the United States; CFR Aircraft, Aviation safety, Reporting a. The shoulders must remain aligned Correction and recordkeeping requirements. with the hips throughout the impact sequence, or support for the upper torso In Title 20 of the Code of Federal The authority citation for these Regulations, Parts 500 to 656, revised as special conditions is as follows: must be provided to prevent forward or lateral flailing beyond 45 degrees from of April 1, 2014, on page 314, in Authority: 49 U.S.C. 106(g), 40113, 44701, § 655.10, the second paragraph (h) and 44702, 44704. the vertical during significant spinal loading. the second paragraph (i) are removed. The Special Conditions b. Significant concentrated loading on [FR Doc. 2015–09948 Filed 4–27–15; 8:45 am] Accordingly, pursuant to the the occupant’s spine, in the area BILLING CODE 1505–01–P authority delegated to me by the between the pelvis and shoulders Administrator, the following special during impact, including rebound, is conditions are issued as part of the type- not acceptable. During this type of DEPARTMENT OF THE TREASURY certification basis for Boeing Model contact, the interval for any rearward (X 787–9 airplanes modified by Boeing. direction) acceleration exceeding 20g Internal Revenue Service must be less than 3 milliseconds as Side-Facing Seats Conditions measured by the thoracic 26 CFR Part 301 In addition to the requirements of instrumentation specified in 49 CFR § 25.562: part 572, subpart E, filtered in [TD 9718] 1. Existing Criteria: Compliance with accordance with SAE International RIN 1545–BH37 § 25.562(c)(5) is required, except that, if (SAE) J211–1. the anthropomorphic test device (ATD) c. Occupant must not interact with Period of Limitations on Assessment has no apparent contact with the seat/ the armrest or other seat components in for Listed Transactions Not Disclosed structure but has contact with an any manner significantly different than Under Section 6011; Correction inflatable restraint, a head-injury would be expected for a forward-facing criterion (HIC) unlimited score in excess seat installation. AGENCY: Internal Revenue Service (IRS), of 1000 is acceptable, provided the 5. Longitudinal test(s), as necessary, Treasury. HIC15 score for that contact is less than must be performed with the FAA ACTION: Correcting amendments. 700. Hybrid III ATD, undeformed floor, most- 2. Body-to-Wall/Furnishing Contact: If critical yaw case(s) for injury, and with SUMMARY: This document contains a seat is installed aft of structure (e.g., all lateral structural supports (armrests/ corrections to final regulations (TD an interior wall or furnishing) that does walls) installed. For the pass/fail injury 9718) that were published in the not provide a homogenous contact assessments, see the criteria listed in Federal Register on Tuesday, March 31, surface for the expected range of special conditions 1 through 4, above. 2015 (80 FR 16973). The final occupants and yaw angles, then Note: Boeing must demonstrate that regulations relating to the exception to additional analysis and/or test(s) may be the installation of seats via plinths or the general three-year period of required to demonstrate that the injury pallets meets all applicable limitations on assessment under section criteria are met for the area which an requirements. Compliance with the 6501(c)(10) of the Internal Revenue occupant could contact. For example, if guidance contained in FAA Policy Code (Code) for listed transactions that different yaw angles could result in Memorandum PS–ANM–100–2000– taxpayer failed to disclosed as required different inflatable-restraint 00123, dated February 2, 2000, titled under section 6011.
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DATES: This correction is effective on DEPARTMENT OF HOMELAND vertical clearance of 90 feet in the April 28, 2015, and is applicable March SECURITY closed position, the Morrison Bridge, 31, 2015. mile 12.8, provides a vertical clearance FOR FURTHER INFORMATION CONTACT: Coast Guard of 69 feet in the closed position, and the Danielle Pierce at (202) 317–6845 (not a Hawthorne Bridge, mile 13.1, provides a toll-free number). 33 CFR Part 117 vertical clearance of 49 feet in the SUPPLEMENTARY INFORMATION: [Docket No. USCG–2015–0289] closed position; all clearances are referenced to the vertical clearance Background Drawbridge Operation Regulation; above Columbia River Datum 0.0. The final regulation (TD 9718) that is Willamette River, Portland, OR Waterway usage on this part of the the subject of this correction is under AGENCY: Coast Guard, DHS. Willamette River includes vessels section 6011. ranging from commercial tug and barge ACTION: Notice of temporary deviation to small pleasure craft. Need for Correction from drawbridge regulation. The normal operating schedule for all As published, final regulations (TD SUMMARY: The Coast Guard has issued a three bridges, detailed in 33 CFR 9718) contain errors that may prove to temporary deviation from the operating 117.897(c)(3), states that the bridges be misleading and are in need of schedule that govern three Multnomah open on signal if notice is given to the clarification. County bridges: The Broadway Bridge, given to the drawtender of the mile 11.7, the Morrison Bridge, mile List of Subjects in 26 CFR Part 301 Hawthorne Bridge. The normal 12.8, and the Hawthorne Bridge, mile operating schedule for the Broadway Employment taxes, Estate taxes, 13.1, all crossing the Willamette River at Bridge and the Morrison Bridge Excise taxes, Gift taxes, Income taxes, Portland, OR. The deviation is necessary Penalties, Reporting and recordkeeping to accommodate the annual Rock ‘n’ stipulates that a one-hour notice is to be requirements. Roll Half Marathon event. This given from 8 a.m. to 5 a.m., Monday through Friday, and two-hour notice is Correction of Publication deviation allows the bridges to remain in the closed-to-navigation position to to be given at all other times. The Accordingly, 26 CFR part 301 is allow safe roadway movement of event normal operating schedule for the amended by making the following participants. Hawthorne Bridge does not require correcting amendments: DATES: This deviation is effective from advance notice. PART 301—PROCEDURE AND 3 a.m. to 12:35 p.m. on May 17, 2015. To facilitate the annual Rock ‘n’ Roll ADMINISTRATION ADDRESSES: The docket for this Half Marathon event, the draws of the deviation, [USCG–2015–0289] is Broadway Bride, the Morrison Bridge, ■ Paragraph 1. The authority citation available at http://www.regulations.gov. and the Hawthorne Bridge will be for part 301 continues to read in part as Type the docket number in the maintained in the closed-to-navigation follows: ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ positions from 3 a.m. to 12:35 p.m. on Authority: 26 U.S.C. 7805 * * * Click on Open Docket Folder on the line May 17, 2015. The bridges will be able associated with this deviation. You may to open for emergencies. There is no ■ Par. 2. Section 301.6501(c)–1 is also visit the Docket Management immediate alternate route for vessels to amended by revising the first sentence Facility in Room W12–140 on the pass. Vessels able to pass through the of paragraph (g)(5)(i)(D) to read as ground floor of the Department of bridges in the closed positions may do follows: Transportation West Building, 1200 so at anytime. § 301.6501(c)–1 Exceptions to general New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., The Coast Guard will also inform the period of limitations on assessment and users of the waterways through our collection. Monday through Friday, except Federal holidays. Local and Broadcast Notices to Mariners * * * * * of the change in operating schedule for FOR FURTHER INFORMATION CONTACT: If (g) * * * the bridges so that vessels can arrange (5) * * * you have questions on this temporary deviation, call or email Mr. Steven their transits to minimize any impact (i) * * * caused by the temporary deviation. (D) * * * Unless an earlier expiration Fischer, Bridge Administrator, is provided for in paragraph (g)(6) of Thirteenth Coast Guard District; In accordance with 33 CFR 117.35(e), this section, the time to assess tax under telephone 206–220–7282, email d13-pf- the drawbridges must return to their this paragraph (g) will not expire before [email protected]. If you have regular operating schedules one year after the date on which the questions on viewing the docket, call immediately at the end of the Secretary is furnished the information Cheryl Collins, Program Manager, designated time period. This deviation from the taxpayer that satisfies all of the Docket Operations, telephone 202–366– from the operating regulations is requirements of paragraphs (g)(5)(i)(A) 9826. authorized under 33 CFR 117.35. SUPPLEMENTARY INFORMATION: and (B) of this section and, if applicable, Dated: April 21, 2015. Multnomah County has requested a paragraph (g)(5)(i)(C) of this section. Steven M. Fischer, *** temporary deviation from the operating Bridge Administrator, Thirteenth Coast Guard * * * * * schedule for the Broadway Bridge, mile 11.7, the Morrison Bridge, mile 12.8, District. Martin V. Franks, and the Hawthorne Bridge, mile 13.1, all [FR Doc. 2015–09787 Filed 4–27–15; 8:45 am] Chief, Publications and Regulations Branch, crossing the Willamette River at BILLING CODE 9110–04–P Legal Processing Division, Associate Chief Portland, OR. The requested deviation is Counsel (Procedure and Administration). to accommodate the annual Rock ‘n’ [FR Doc. 2015–09710 Filed 4–27–15; 8:45 am] Roll Half Marathon event. The BILLING CODE 4830–01–P Broadway Bridge, mile 11.7, provides a
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DEPARTMENT OF HOMELAND drawbridge structural steel. The Lewis DEPARTMENT OF HOMELAND SECURITY and Clark Bridge provides a vertical SECURITY clearance of 17.3 feet above mean high Coast Guard water when in the closed-to-navigation Coast Guard position. The normal operating schedule 33 CFR Part 117 of the Oregon State highway bridge can 33 CFR Part 165 [Docket No. USCG–2015–0351] be found in 33 CFR 117.899(c). This [Docket Number USCG–2015–0295] deviation period is from 7 a.m. on May Drawbridge Operation Regulation; 11, 2015 to 5 p.m. on August 30, 2015. RIN 1625–AA00; 1625–AA11 Lewis and Clark River, Astoria, OR The deviation allows the bascule span Safety Zones and Regulated AGENCY: Coast Guard, DHS. of the Lewis and Clark Bridge to remain Navigation Area; Shell Arctic Drilling/ in the closed-to-navigation position ACTION: Notice of deviation from Exploration Vessels and Associated drawbridge regulation. Monday through Friday except to open Voluntary First Amendment Area, the span(s) on Mondays from 7 a.m. to Puget Sound, WA SUMMARY: The Coast Guard has issued a 4 p.m. with a three-hour advance notice. temporary deviation from the operating The bridge will operate as normal on AGENCY: Coast Guard, DHS. schedule that governs the Oregon State Saturday and Sunday. Waterway usage ACTION: Temporary final rule. (Lewis and Clark River) highway Bridge on the Lewis and Clark River is across the Lewis and Clark River, mile primarily small recreational boaters and SUMMARY: The Coast Guard is 1.0, at Astoria, OR. The deviation is fishing vessels transiting to and from establishing temporary safety zones necessary to accommodate bridge Fred Wahl Marine Construction Inc. around each vessel associated with maintenance activities on the bridge. Royal Dutch Shell’s (Shell) planned This deviation allows the bridge to The bascule spans of the bridge will Arctic oil drilling and exploration remain in the closed-to-navigation have a containment system installed operations, and any vessel actively position and need not open to maritime which will reduce the vertical clearance engaged in towing or escorting those traffic. navigation clearance by 5 feet from 17.3 vessels, while located in the U.S. feet above mean high water to 12.3 feet DATES: This deviation is effective from Territorial and Internal Waters of the 7 a.m. on May 11, 2015 to 5 p.m. on above mean high water. Vessels able to Sector Puget Sound Captain of the Port August 30, 2015. pass through the bridge in the closed Zone. In addition, the Coast Guard is positions may do so at anytime. The establishing a regulated navigation area ADDRESSES: The docket for this to designate a Voluntary First deviation, [USCG–2015–0351] is bridge will be able to open for Amendment Area for individuals that available at http://www.regulations.gov. emergencies if a three-hour notice is desire to exercise their First Type the docket number in the given from 7 a.m. to 5 p.m. Monday Amendment free speech rights with ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ through Friday; on Saturdays and regards to Shell’s operations. The safety Click on Open Docket Folder on the line Sundays the bridge will be able to open zones and regulated navigation area associated with this deviation. You may in accordance with 33 CFR 117.899(c), created by this rule are necessary to also visit the Docket Management and there is no immediate alternate ensure the mutual safety of all Facility in Room W12–140 on the route for vessels to pass. The Coast waterways users including the specified ground floor of the Department of Guard will also inform the users of the vessels and those individuals that desire Transportation West Building, 1200 waterways through our Local and to exercise their First Amendment New Jersey Avenue SE., Washington, Broadcast Notices to Mariners of the rights. DC 20590, between 9 a.m. and 5 p.m., change in operating schedule for the Monday through Friday, except Federal bridge so that vessels can arrange their DATES: This rule is effective without holidays. transits to minimize any impact caused actual notice from April 28, 2015 until FOR FURTHER INFORMATION CONTACT: If by the temporary deviation. June 30, 2015. For the purposes of enforcement, actual notice will be used you have questions on this temporary In accordance with 33 CFR 117.35(e), deviation, call or email Steven M. from the date the rule was signed, April the drawbridge must return to its regular 15, 2015, until April 28, 2015. Fischer, Thirteenth Coast Guard District operating schedule immediately at the ADDRESSES: Bridge Program Administrator, end of the effective period of this Documents mentioned in this preamble are part of docket USCG– telephone 206–220–7282, email d13-pf- temporary deviation. This deviation d13bridgesuscg.mil. If you have 2015–0295 to view documents from the operating regulations is questions on viewing the docket, call mentioned in this preamble as being authorized under 33 CFR 117.35. Cheryl Collins, Program Manager, available in the docket, go to http:// Docket Operations, telephone 202–366– Dated: April 21, 2015. www.regulations.gov, type the docket 9826. Steven M. Fischer, number in the ‘‘SEARCH’’ box and click SUPPLEMENTARY INFORMATION: The Bridge Administrator, Thirteenth Coast Guard ‘‘SEARCH.’’ Click on Open Docket Oregon Department of Transportation District. Folder on the line associated with this (ODOT) has requested that the Lewis [FR Doc. 2015–09788 Filed 4–27–15; 8:45 am] rulemaking. You may also visit the Docket Management Facility in Room and Clark River Bridge, mile 1.0, remain BILLING CODE 9110–04–P in the closed-to-navigation position, and W12–140 on the ground floor of the need not open to vessel traffic Monday Department of Transportation West through Friday expect on Mondays from Building, 1200 New Jersey Avenue SE., 7 a.m. to 4 p.m. when given 3 hours Washington, DC 20590, between 9 a.m. advanced notice. The deviation is and 5 p.m., Monday through Friday, necessary to facilitate bridge except Federal holidays. maintenance activities to include FOR FURTHER INFORMATION CONTACT: If repairing and preserving the bascule you have questions on this rule, call or
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email Lieutenant Matthew Beck, Under 5 U.S.C. 553(d)(3), the Coast First Amendment rights, namely kayaks Waterways Management Division, Coast Guard finds that good cause exists for and other small vessels, a regulated Guard Sector Puget Sound; telephone making this rule effective less than 30 navigation area designating a Voluntary (206) 217–6051, email days after publication in the Federal First Amendment Area is necessary to [email protected]. If Register. For reasons identical to those ensure the safety of those vessels and you have questions on viewing or described above, delaying the effective persons. The regulated navigation area submitting material to the docket, call date until 30 days after publication encompassing the Voluntary First Barbara Hairston, Program Manager, would be impracticable since the Amendment Area would do so by Docket Operations, telephone (202) regulation is immediately necessary to establishing it as a ‘‘no wake’’ area, 366–9826. help ensure the safety of all waterway which is particularly important for SUPPLEMENTARY INFORMATION: users. small boats such as kayaks, to better enable persons and vessels to congregate B. Basis and Purpose Table of Acronyms and exercise their First Amendment The legal basis for this rule is the rights safely and without interference DHS Department of Homeland Security Coast Guard’s authority to establish FR Federal Register from or interfering with other maritime NPRM Notice of Proposed Rulemaking limited access areas: 33 U.S.C. 1231; 46 traffic. U.S.C. Chapter 701, 3306, 3703; 50 C. Discussion of the Final Rule A. Regulatory History and Information U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Public Law 107–295, In this rule, the Coast Guard is The Coast Guard is issuing this 116 Stat. 2064; Department of Homeland establishing safety zones around temporary final rule without prior Security Delegation No. 0170.1. specified vessels related to Shell’s notice and opportunity to comment Shell is planning Arctic oil drilling Arctic oil drilling and exploration pursuant to authority under section 4(a) and exploration operations for the operations, and a regulated navigation of the Administrative Procedure Act spring and summer of 2015. In area for a Voluntary Free Speech Area (APA) (5 U.S.C. 553(b)). This provision preparation for those operations, it is that will allow individuals a meaningful authorizes an agency to issue a rule staging a large number of vessels in the opportunity to be heard in exercising without prior notice and opportunity to Puget Sound area. Recently, it has come their First Amendment rights while not comment when the agency for good to the Coast Guard’s attention that a compromising the safety of maritime cause finds that those procedures are significant amount of First Amendment traffic or the individuals exercising their ‘‘impracticable, unnecessary, or contrary activity related to Shell’s operations is First Amendment rights. to the public interest.’’ Under 5 U.S.C. likely to occur in the Puget Sound. We The safety zones are established in 553(b)(B), the Coast Guard finds that also note that First Amendment activity subsection (a) of this temporary good cause exists for not publishing a has already included the unauthorized regulation. Per subsection (a)(1)(i), notice of proposed rulemaking (NPRM) boarding of a Shell vessel on the high while transiting, the safety zone around with respect to this rule because seas by Greenpeace members and the each of the vessels will encompass all publishing an NPRM would be formation of a ‘‘kayak flotilla’’ in the waters within 500 yards of the vessel in impracticable since the regulation is Puget Sound to advocate against Shell’s all directions. Per subsection (a)(1)(ii), immediately necessary to help ensure operations in the region. Draft while moored or anchored, the safety the safety of all waterway users restrictions, vessel maneuvering zone around each of the vessels will including the specified vessels and characteristics, and geographic/ encompass all waters within 100 yards those individuals that desire to exercise environmental conditions may constrain of the vessel in all directions. Persons their First Amendment rights and the ability of large commercial vessels and/or vessels that desire to enter these holding a notice and comment period at (the Shell-contracted vessels) to safety zones must request permission to this time would delay regulatory maneuver in close quarters with other do so from the Captain of the Port, Puget implementation beyond the arrival of vessels, particularly small craft piloted Sound by contacting the Joint Harbor the Shell contracted vessel ‘‘BLUE by recreational operators. Intentional Operations Center at 206–217–6001, or MARLIN’’ and expected start of First close-in interaction of these vessels will the on-scene Law Enforcement patrol Amendment activities regarding Shell’s create an increased risk of collision, craft, if any, via VHF–FM CH 16. operations, thereby increasing the safety grounding, or personal injury for all The Coast Guard is also establishing risk to all waterways users. parties. Furthermore, while moored or a regulated navigation area to ensure the Current projections indicate that the at anchor the vessels will have ongoing safety of individuals that desire to BLUE MARLIN will arrive in U.S. operations occurring onboard, some of exercise their First Amendment rights Territorial Waters in the vicinity of which could pose a safety risk to other related to Shell’s activities in subsection Puget Sound on or about April 17, 2015. maritime traffic, including, for example, (b) of this regulation. The Voluntary Of particular note, Greenpeace the offloading of the POLAR PIONEER First Amendment Area is being international members boarded the from the BLUE MARLIN. The myriad of established in an area where we believe BLUE MARLIN at sea without potential safety risks to all parties and individuals will be able to effectively authorization. They have since departed the port itself is best addressed by communicate their message, without the vessel but may seek to re-board and mandating a minimum zone of posing an undue risk to maritime safety, subsequently remain aboard when the separation. For these reasons, the Coast after analyzing maritime traffic patterns vessel enters U.S. jurisdiction. Guard believes that safety zones around and other environmental factors as well Additionally, environmental groups the Shell-contracted vessels are as meeting with some groups who have have announced an intention to form a necessary to ensure the safety of all expressed a desire to exercise their First ‘‘kayak flotilla’’ in the Puget Sound to waterways users. Amendment rights. The regulated exercise their First Amendment rights Additionally, the Coast Guard navigation area encompassing the regarding Shell’s operations in the believes that given the nature of the Voluntary First Amendment Area will region, making this regulation time First Amendment activity expected and ensure the safety of small boats by critical to helping ensure maritime the likely type of vessels used by establishing it as a ‘‘no wake’’ area for safety. individuals desiring to express their persons and/or vessels to congregate
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and exercise their First Amendment potential impact of regulations on small 5. Federalism rights safely and without interference entities during rulemaking. The term A rule has implications for federalism from or interfering with other maritime ‘‘small entities’’ comprises small under Executive Order 13132, traffic. The ‘‘no wake’’ provisions will businesses, not-for-profit organizations Federalism, if it has a substantial direct ensure all interactions between vessels that are independently owned and effect on the States, on the relationship within the area occur at a low rate of operated and are not dominant in their between the national government and speed, thereby reducing risk of collision fields, and governmental jurisdictions the States, or on the distribution of and personal injury. Likewise, the with populations of less than 50,000. power and responsibilities among the designation of a Voluntary First The Coast Guard certifies under 5 U.S.C. various levels of government. We have Amendment Area will help to ensure 605(b) that this rule will not have a analyzed this rule under that Order and that a large congregation of vessels does significant economic impact on a determined that this rule does not have not impede or endanger other substantial number of small entities. implications for federalism. commercial and recreational users who This rule will affect the following are not associated with Shell’s arctic entities, some of which may be small 6. First Amendment Activities drilling and exploration operations or entities: the owners or operators of The Coast Guard respects the First the associated First Amendment vessels intending to transit the affected Amendment rights of all individuals. activity. waterways when the safety zones and This regulation establishes a regulated These provisions are particularly vital regulated navigation areas are in effect. navigation area to create a Voluntary given the expected presence of the The safety zones and regulated First Amendment Area so that persons ‘‘kayak flotilla’’ described above. navigation areas will not have a and vessels can congregate and exercise Persons or vessels desiring to exercise significant economic impact on a their First Amendment free speech their First Amendment rights to free substantial number of small entities, rights safely and without interference speech regarding Shell’s Arctic drilling however, because the safety zones and from or interfering with other maritime and exploration operations may enter regulated navigation area are limited in traffic. Of particular note, large vessels the regulated navigation area at any both size and duration and any person operating in restricted waters cannot time. All other persons or vessels are and/or vessel needing to transit through maneuver freely, nor can they stop advised to avoid the regulated the safety zones or regulated navigation immediately. As such, any First navigation area. When inside the area may be allowed to do so in Amendment activity taking place in regulated navigation area, all vessels accordance with the regulatory immediate proximity to such vessels must proceed at ‘‘no wake’’ speed and provisions. can quickly result in extremis. The with due regard for all other persons Voluntary First Amendment Area has and/or vessels inside the regulated 3. Assistance for Small Entities been located to allow individuals a navigation area. Under section 213(a) of the Small meaningful opportunity to be heard. D. Regulatory Analyses Business Regulatory Enforcement Individuals that desire to exercise their Fairness Act of 1996 (Pub. L. 104–121), First Amendment rights are asked We developed this rule after we want to assist small entities in utilize the designated area to the extent considering numerous statutes and understanding this rule. If the rule possible, however, its use is voluntary. executive orders related to rulemaking. would affect your small business, Individuals that desire to exercise their Below we summarize our analyses organization, or governmental First Amendment rights outside the based on these statutes and executive jurisdiction and you have questions designated area are requested to contact orders. concerning its provisions or options for the person listed in the FOR FURTHER 1. Regulatory Planning and Review compliance, please contact the person INFORMATION CONTACT section to coordinate their activities so that their This rule is not a significant listed in the FOR FURTHER INFORMATION CONTACT, above. message can be heard, without regulatory action under section 3(f) of jeopardizing the safety or security of Small businesses may send comments Executive Order 12866, Regulatory people, places, or vessels. Planning and Review, as supplemented on the actions of Federal employees by Executive Order 13563, Improving who enforce, or otherwise determine 7. Unfunded Mandates Reform Act Regulation and Regulatory Review, and compliance with, Federal regulations to The Unfunded Mandates Reform Act does not require an assessment of the Small Business and Agriculture of 1995 (2 U.S.C. 1531–1538) requires potential costs and benefits under Regulatory Enforcement Ombudsman Federal agencies to assess the effects of section 6(a)(3) of Executive Order 12866 and the Regional Small Business their discretionary regulatory actions. In or under section 1 of Executive Order Regulatory Fairness Boards. The particular, the Act addresses actions 13563. The Office of Management and Ombudsman evaluates these actions that may result in the expenditure by a Budget has not reviewed it under those annually and rates each agency’s State, local, or tribal government, in the Orders. This rule is not a significant responsiveness to small business. If you aggregate, or by the private sector of regulatory action as the safety zones and wish to comment on actions by $100,000,000 (adjusted for inflation) or regulated navigation area are limited in employees of the Coast Guard, call 1– more in any one year. Though this rule both size and duration and any person 888–REG–FAIR (1–888–734–3247). The will not result in such expenditure, we and/or vessel needing to transit through Coast Guard will not retaliate against do discuss the effects of this rule the safety zones or regulated navigation small entities that question or complain elsewhere in this preamble. area may be allowed to do so in about this rule or any policy or action 8. Taking of Private Property accordance with the regulatory of the Coast Guard. This rule will not cause a taking of provisions. 4. Collection of Information private property or otherwise have 2. Impact on Small Entities This rule will not call for a new taking implications under Executive The Regulatory Flexibility Act of 1980 collection of information under the Order 12630, Governmental Actions and (RFA), 5 U.S.C. 601–612, as amended, Paperwork Reduction Act of 1995 (44 Interference with Constitutionally requires federal agencies to consider the U.S.C. 3501–3520). Protected Property Rights.
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9. Civil Justice Reform List of Subjects in 33 CFR Part 165 TRADER, and any other vessel actively This rule meets applicable standards Harbors, Marine safety, Navigation engaged in towing or escorting the listed in sections 3(a) and 3(b)(2) of Executive (water), Reporting and recordkeeping vessels. Order 12988, Civil Justice Reform, to requirements, Security measures, (2) Regulations. In accordance with minimize litigation, eliminate Waterways. the general regulations in subpart C of ambiguity, and reduce burden. For the reasons discussed in the this part, no persons or vessels may 10. Protection of Children preamble, the Coast Guard amends 33 enter these safety zones unless CFR part 165 as follows: authorized by the Captain of the Port, We have analyzed this rule under Puget Sound or his designated Executive Order 13045, Protection of PART 165—REGULATED NAVIGATION representative. To request permission to Children from Environmental Health AREAS AND LIMITED ACCESS AREAS Risks and Safety Risks. This rule is not enter one of these safety zones contact the Joint Harbor Operations Center at an economically significant rule and ■ 1. The authority citation for part 165 does not create an environmental risk to continues to read as follows: 206–217–6001, or the on-scene Law health or risk to safety that may Enforcement patrol craft, if any, via Authority: 33 U.S.C. 1231; 50 U.S.C. 191; VHF–FM CH 16. If permission for entry disproportionately affect children. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; into one of these safety zones is granted, 11. Indian Tribal Governments Department of Homeland Security Delegation No. 0170.1. vessels must proceed at a minimum This rule does not have tribal speed for safe navigation. implications under Executive Order ■ 2. Add § 165.T13–289 to read as (b) Regulated navigation area—(1) 13175, Consultation and Coordination follows: Location. The following area is with Indian Tribal Governments, because it does not have a substantial § 165.T13–289 Safety Zones and Regulated designated as a regulated navigation Navigation Area; Shell Arctic Drilling/ area: All waters of Elliot Bay direct effect on one or more Indian Exploration Vessels and Associated tribes, on the relationship between the encompassed by lines connecting the Voluntary First Amendment Area, Puget following points located between Federal Government and Indian tribes, Sound, WA. or on the distribution of power and Seacrest Park and Terminal 5: (a) Safety zones—(1) Location. The 47°35′20.47″ N., 122°21′53.32″ W.; responsibilities between the Federal following areas are designated as safety Government and Indian tribes. thence south to 47°35′11.54″ N., zones: 122°21′53.24″ W.; thence west to (i) All waters within 500 yards of the 12. Energy Effects 47°35′11.47″ N., 122°22′26.44″ W.; following vessels while transiting This action is not a ‘‘significant thence north to 47°35′20.47″ N., energy action’’ under Executive Order within the U.S. Territorial or Internal ° ′ ″ Waters of the Sector Puget Sound 122 22 26.40 W.; thence back to the 13211, Actions Concerning Regulations point of origin. That Significantly Affect Energy Supply, Captain of the Port Zone as defined in (2) Regulations. In accordance with Distribution, or Use. 33 CFR 3.65–10: NOBLE DISCOVERER, BLUE MARLIN, POLAR PIONEER, the general regulations in subpart B of 13. Technical Standards AIVIQ, FENNICA, NORDICA, ROSS this part, persons or vessels desiring to This rule does not use technical CHOUEST, TOR VIKING, OCEAN exercise their First Amendment right to standards. Therefore, we did not WIND, OCEAN WAVE, HARVEY free speech regarding Royal Dutch consider the use of voluntary consensus SISUAQ, HARVEY CHAMPION, Shell’s Arctic drilling and exploration standards. HARVEY SUPPORTER, HARVEY operations may enter the regulated EXPLORER, NANUQ, GUARDSMAN, navigation area at any time. All other 14. Environment KLAMATH, PT OLIKTOK, ARCTIC persons or vessels are advised to avoid We have analyzed this rule under ENDEAVOR, CORBIN FOSS, ACS, the regulated navigation area. When Department of Homeland Security ARCTIC CHALLENGER, ARCTIC SEAL, inside the regulated navigation area, all Management Directive 023–01 and CROWLEY DIANA G, LAUREN FOSS, vessels must proceed at no wake speed Commandant Instruction M16475.lD, TUUQ, BARBARA FOSS, AMERICAN and with due regard for all other which guide the Coast Guard in TRADER, and any other vessel actively persons and/or vessels inside the complying with the National engaged in towing or escorting those regulated navigation area. Environmental Policy Act of 1969 vessels. (NEPA)(42 U.S.C. 4321–4370f), and (ii) All waters within 100 yards of the (c) Dates. This rule will be enforced have determined that this action is one following vessels while moored or from April 15, 2015, through June 30, of a category of actions that do not anchored within the U.S. Territorial or 2015. individually or cumulatively have a Internal Waters of the Sector Puget Dated: April 15, 2015. significant effect on the human Sound Captain of the Port Zone as D.L. Cottrell, environment. This rule involves the defined in 33 CFR 3.65–10: NOBLE establishment of temporary safety zones DISCOVERER, BLUE MARLIN, POLAR Captain, U.S. Coast Guard, Acting and a regulated navigation area to deal PIONEER, AIVIQ, FENNICA, NORDICA, Commander, Thirteenth Coast Guard District. with an emergency situation that is one ROSS CHOUEST, TOR VIKING, OCEAN [FR Doc. 2015–09858 Filed 4–27–15; 8:45 am] week or longer in duration. This rule is WIND, OCEAN WAVE, HARVEY BILLING CODE 9110–04–P categorically excluded from further SISUAQ, HARVEY CHAMPION, review under paragraph 34(g) of Figure HARVEY SUPPORTER, HARVEY 2–1 of the Commandant Instruction. An EXPLORER, NANUQ, GUARDSMAN, environmental analysis checklist KLAMATH, PT OLIKTOK, ARCTIC supporting this determination and a ENDEAVOR, CORBIN FOSS, ACS, Categorical Exclusion Determination are ARCTIC CHALLENGER, ARCTIC SEAL, available in the docket where indicated CROWLEY DIANA G, LAUREN FOSS, under ADDRESSES. TUUQ, BARBARA FOSS, AMERICAN
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ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: On recordkeeping requirements, Sulfur AGENCY December 8, 2014, (79 FR 72552), the oxides, Volatile organic compounds. Environmental Protection Agency (EPA) Dated: April 16, 2015. 40 CFR Part 52 published a final rulemaking action William C. Early, [EPA–R03–OAR–2014–0525; FRL–9926–79– announcing the approval of Acting Regional Administrator, EPA Region Region 3] Pennsylvania’s requests to redesignate III. to attainment the Harrisburg-Lebanon- Approval and Promulgation of Air Carlisle and York nonattainment areas Accordingly, 40 CFR part 52 is Quality Implementation Plans; for the 1997 annual PM2.5 NAAQS and corrected by making the following Pennsylvania; Redesignation of the the Harrisburg-Lebanon-Carlisle-York correcting amendments: Harrisburg-Lebanon-Carlisle-York 2006 24-hour PM NAAQS 2.5 PART 52—APPROVAL AND Nonattainment Areas to Attainment for nonattainment area. the 1997 Annual and the 2006 24-Hour PROMULGATION OF Fine Particulate Matter Standard; Need for Correction IMPLEMENTATION PLANS Correction As published, the final redesignation ■ 1. The authority citation for part 52 AGENCY: Environmental Protection contains errors. EPA inadvertently did continues to read as follows: Agency (EPA). not include a table for the 2017 and Authority: 42 U.S.C. 7401 et seq. ACTION: Final rule; correcting 2025 PM2.5 and nitrogen oxides (NOX) amendment. motor vehicle emissions budgets Subpart NN—Pennsylvania (MVEBs) for the 1997 annual PM2.5 SUMMARY: This document corrects errors NAAQS for Lebanon County. The ■ 2. Section 52.2059 paragraph (k) is in the rule language of a final rule Harrisburg-Lebanon-Carlisle Area is amended: pertaining to the Commonwealth of comprised of Cumberland, Dauphin and ■ a. In the table heading by revising the Pennsylvania’s requests to redesignate Lebanon Counties. This action corrects heading to the second table; and to attainment the Harrisburg-Lebanon- the title of the table entitled, ■ b. By adding a third table at end of Carlisle and York nonattainment areas ‘‘Harrisburg-Lebanon-Carlisle Area’s paragraph (k). for the 1997 annual fine particulate Motor Vehicle Emissions Budget for the The revision and addition read as matter (PM2.5) national ambient air 1997 Annual PM2.5 NAAQS in tons per follows: quality standard (NAAQS) and the year,’’ to add ‘‘for Cumberland and § 52.2059 Control strategy: Particular Harrisburg-Lebanon-Carlisle-York 2006 Dauphin Counties’’ and adds a table for matter. 24-hour PM2.5 NAAQS nonattainment the 2017 and 2025 PM 2.5 and NOX * * * * * area, which was published in the MVEBs for the 1997 annual PM2.5 (k) * * * Federal Register on Tuesday, December NAAQS for Lebanon County. 8, 2014 (79 FR 72552). Harrisburg-Lebanon-Carlisle Area’s List of Subjects in 40 CFR Part 52 DATES: This document is effective on Motor Vehicle Emission Budgets for April 28, 2015. Environmental protection, Air Cumberland and Dauphin Counties for FOR FURTHER INFORMATION CONTACT: Rose pollution control, Incorporation by the 1997 Annual PM2.5 NAAQS in Tons Quinto, (215) 814–2182 or by email at reference, Nitrogen oxides, Ozone, per Year [email protected]. Particulate matter, Reporting and * * * * *
HARRISBURG-LEBANON-CARLISLE AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR LEBANON COUNTY FOR THE 1997 ANNUAL PM2.5 NAAQS IN TONS PER YEAR
Effective date Type of control strategy SIP Year PM2.5 NOX of SIP approval
Maintenance Plan ...... 2017 76 2,252 12/08/14 2025 52 1,446 12/08/14
* * * * * ENVIRONMENTAL PROTECTION action to approve revisions to the Yolo- [FR Doc. 2015–09771 Filed 4–27–15; 8:45 am] AGENCY Solano Air Quality Management District BILLING CODE 6560–50–P (YSAQMD) portion of the California 40 CFR Part 52 State Implementation Plan (SIP). These revisions concern volatile organic [EPA–R09–OAR–2014–0873; FRL–9926–19– Region 9] compound (VOC) emissions from solvent cleaning and degreasing Revisions to the California State operations. We are approving local rules Implementation Plan, Yolo-Solano Air that regulate these emission sources Quality Management District under the Clean Air Act (CAA or the Act). AGENCY: Environmental Protection Agency (EPA). DATES: This rule is effective on June 29, ACTION: Direct final rule. 2015 without further notice, unless EPA receives adverse comments by May 28, SUMMARY: The Environmental Protection 2015. If we receive such comments, we Agency (EPA) is taking direct final will publish a timely withdrawal in the
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Federal Register to notify the public unless you provide it in the body of FOR FURTHER INFORMATION CONTACT: that this direct final rule will not take your comment. If you send email Arnold Lazarus, EPA Region IX, (415) effect. directly to EPA, your email address will 972–3024 [email protected]. ADDRESSES: Submit comments, be automatically captured and included SUPPLEMENTARY INFORMATION: identified by docket number EPA–R09– as part of the public comment. If EPA OAR–2014–0873 by one of the following cannot read your comment due to Throughout this document, ‘‘we,’’ ‘‘us,’’ methods: technical difficulties and cannot contact and ‘‘our’’ refer to EPA. 1. Federal eRulemaking Portal: you for clarification, EPA may not be Table of Contents www.regulations.gov. Follow the on-line able to consider your comment. instructions. Electronic files should avoid the use of I. The State’s Submittal 2. Email: [email protected]. special characters, any form of A. What rules did the State submit? 3. Mail or deliver: Andrew Steckel encryption, and be free of any defects or B. Are there other versions of these rules? (Air-4), U.S. Environmental Protection viruses. C. What is the purpose of the submitted Agency Region IX, 75 Hawthorne Street, rule revisions? San Francisco, CA 94105–3901. Docket: Generally, documents in the II. EPA’s Evaluation and Action Instructions: All comments will be docket for this action are available A. How is EPA evaluating the rules? included in the public docket without electronically at www.regulations.gov B. Do the rules meet the evaluation change and may be made available and in hard copy at EPA Region IX, 75 criteria? online at www.regulations.gov, Hawthorne Street, San Francisco, C. EPA Recommendations To Further including any personal information California 94105–3901. While all Improve the Rules provided, unless the comment includes documents in the docket are listed at D. Public Comment and Final Action Confidential Business Information (CBI) www.regulations.gov, some information III. Statutory and Executive Order Reviews or other information whose disclosure is may be publicly available only at the I. The State’s Submittal restricted by statute. Information that hard copy location (e.g., copyrighted you consider CBI or otherwise protected material, large maps), and some may not A. What rules did the State submit? should be clearly identified as such and be publicly available in either location should not be submitted through (e.g., CBI). To inspect the hard copy Table 1 lists the rules we are www.regulations.gov or email. materials, please schedule an approving with the dates that they were www.regulations.gov is an ‘‘anonymous appointment during normal business adopted by the local air agency and access’’ system, and EPA will not know hours with the contact listed in the FOR submitted by the California Air your identity or contact information FURTHER INFORMATION CONTACT section. Resources Board.
TABLE 1—SUBMITTED RULES
Adopted/ Local agency Rule No. Rule title Revised Rescinded Submitted
YSAQMD ...... 1 .1 General Provisions and Definitions ...... 5/8/2013 N/A 2/10/14 YSAQMD ...... 2 .13 Organic Solvents (Rescinded) ...... 5/25/94 * 9/4/14 ...... YSAQMD ...... 2 .15 Disposal and Evaporation of Solvents (Rescinded) ...... 1978 * 9/4/14 ...... YSAQMD ...... 2 .24 Solvent Cleaning Operations (Degreasing) (Rescinded) 11/14/90 * 9/4/14 ...... YSAQMD ...... 2 .31 Solvent Cleaning and Degreasing ...... 5/8/13 N/A 2/10/14 * See letter from Mat Ehrhardt, Executive Director, YSAQMD to Kurt Karperos, Chief, Air Quality Planning and Science Division, California Air Resources Board, requesting that YSAQMD Rules 2.13, 2.15 and 2.24 be withdrawn from the California SIP.
On May 5, 2014, EPA determined that health and the environment. Section Operations (Degreasing)’’ because the the submittal for YSAQMD Rules 1.1 110(a) of the CAA requires States to requirements of those rules are now and 2.31 met the completeness criteria submit regulations that control VOC included in the revised Rule 2.31, in 40 CFR part 51 Appendix V, which emissions. Rule 1.1—‘‘General ‘‘Solvent Cleaning and Degreasing’’ and must be met before formal EPA review. Provisions and Definitions,’’ contains had they not been rescinded, there definitions for specific terms applicable would have been redundancies between B. Are there other versions of these to all District rules. The revisions them and Rule 2.31. EPA’s technical rules? include additions to the exempt organic support documents (TSDs) have more There are previous versions of Rules compound definition to coincide with information about these rules. 1.1 and 2.31 in the SIP. YSAQMD those that EPA has determined to have adopted earlier versions of these rules negligible photochemical reactivity as II. EPA’s Evaluation and Action on August 13, 1997 and April 27, 1994 listed in Title 40 of the Code of Federal A. How is EPA evaluating the rules? respectively, and CARB submitted them Regulations Part 51.100 (40 CFR to us on July 26, 2000 and November 30, 51.100.) Rule 2.31, ‘‘Solvent Cleaning Generally, SIP rules must be 1994 respectively. We approved these and Degreasing’’ establishes VOC limits enforceable (see section 110(a) of the versions of Rule 1.1 and 2.31 into the and workplace requirements for Act), must require Reasonably Available SIP on March 22, 2004 (69 FR 13234) cleaning and degreasing products sold, Control Technology (RACT) for each and April 2, 1999 (64 FR 15922) distributed or used within the District. category of sources covered by a Control respectively. It also prescribes administrative Techniques Guidelines (CTG) document requirements for recordkeeping and test as well as each VOC major source in C. What is the purpose of the submitted methods. YSAQMD has rescinded Rule ozone nonattainment areas classified as rule revisions? 2.13, ‘‘Organic Solvents,’’ Rule 2.15 moderate or above (see sections VOCs help produce ground-level ‘‘Disposal and Evaporation of Solvents,’’ 182(b)(2) and 182(f)), and must not relax ozone and smog, which harm human and Rule 2.24, ‘‘Solvent Cleaning existing requirements (see sections
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110(l) and 193). The YSAQMD regulates redundancies. We do not think anyone Order 13132 (64 FR 43255, August 10, an ozone nonattainment area classified will object to this approval, so we are 1999); as Severe for the 8-hour ozone (NAAQS finalizing it without proposing it in • Is not an economically significant 40 CFR part 81.305), so Rules 1.1 and advance. However, in the Proposed regulatory action based on health or 2.31 must be consistent with RACT Rules section of this Federal Register, safety risks subject to Executive Order requirements. we are simultaneously proposing the 13045 (62 FR 19885, April 23, 1997); Guidance and policy documents that same action on these rules. If we receive • Is not a significant regulatory action we use to evaluate enforceability and adverse comments by May 28, 2015, we subject to Executive Order 13211 (66 FR RACT requirements consistently will publish a timely withdrawal in the 28355, May 22, 2001); • include the following: Federal Register to notify the public Is not subject to requirements of 1. ‘‘State Implementation Plans; that the direct final approval will not Section 12(d) of the National General Preamble for the take effect and we will address the Technology Transfer and Advancement Implementation of Title I of the Clean comments in a subsequent final action Act of 1995 (15 U.S.C. 272 note) because Air Act Amendments of 1990,’’ 57 FR based on the proposal. If we do not application of those requirements would 13498 (April 16, 1992); 57 FR 18070 receive timely adverse comments, the be inconsistent with the Clean Air Act; and (April 28, 1992). direct final approval will be effective • 2. ‘‘Issues Relating to VOC Regulation without further notice on June 29, 2015. Does not provide EPA with the Cutpoints, Deficiencies, and This will incorporate YSAQMD Rules discretionary authority to address, as Deviations,’’ EPA, May 25, 1988 (the 1.1 and 2.31 and replace YSAQMD appropriate, disproportionate human Bluebook). Rules 2.13, 2.15 and 2.24 into the health or environmental effects, using 3. ‘‘Guidance Document for Correcting federally enforceable SIP. practicable and legally permissible Common VOC & Other Rule Please note that if EPA receives methods, under Executive Order 12898 Deficiencies,’’ EPA Region 9, August 21, adverse comment on an amendment, (59 FR 7629, February 16, 1994). 2001 (the Little Bluebook). paragraph, or section of this rule and if In addition, the SIP is not approved 4. Control of Volatile Organic that provision may be severed from the to apply on any Indian reservation land Emissions from Solvent Metal Cleaning’’ remainder of the rule, EPA may adopt or in any other area where EPA or an EPA–450/2–77–022, November 1977. as final those provisions of the rule that Indian tribe has demonstrated that a 5. ‘‘Control Technique Guidelines for are not the subject of an adverse tribe has jurisdiction. In those areas of Industrial Cleaning Solvents’’ EPA–453/ comment. Indian country, the rule does not have R–06–001, September 2006. tribal implications and will not impose 6. ‘‘Control Technique Guidelines for III. Statutory and Executive Order substantial direct costs on tribal Flexible Package Printing’’ EPA 453/R– Reviews governments or preempt tribal law as 06–003, September 2006. Under the Clean Air Act, the specified by Executive Order 13175 (65 7. ‘‘Control of Volatile Organic Administrator is required to approve a FR 67249, November 9, 2000). Compound Emissions from Coating SIP submission that complies with the The Congressional Review Act, 5 Operations at Aerospace manufacturing provisions of the Act and applicable U.S.C. 801 et seq., as added by the Small and Rework Operations’’ EPA–453/R– Federal regulations. 42 U.S.C. 7410(k); Business Regulatory Enforcement 97–004, December 1997. 40 CFR 52.02(a). Thus, in reviewing SIP Fairness Act of 1996, generally provides 8. CARB’s RACT/BARCT guidance submissions, EPA’s role is to approve that before a rule may take effect, the titled, ‘‘Organic Solvent Cleaning and state choices, provided that they meet agency promulgating the rule must Degreasing Operations’’ (July 18, 1991) the criteria of the Clean Air Act. submit a rule report, which includes a Accordingly, this action merely copy of the rule, to each House of the B. Do the rules meet the evaluation approves state law as meeting Federal Congress and to the Comptroller General criteria? requirements and does not impose of the United States. EPA will submit a We believe these rules are consistent additional requirements beyond those report containing this action and other with the relevant policy and guidance imposed by state law. For that reason, required information to the U.S. Senate, regarding enforceability, RACT, and SIP this action: the U.S. House of Representatives, and relaxations. The TSDs have more • Is not a significant regulatory action the Comptroller General of the United information on our evaluation. subject to review by the Office of States prior to publication of the rule in Management and Budget under the Federal Register. A major rule C. EPA Recommendations To Further Executive Orders 12866 (58 FR 51735, cannot take effect until 60 days after it Improve the Rules October 4, 1993) and 13563 (76 FR 3821, is published in the Federal Register. The TSDs describe additional rule January 21, 2011); This action is not a ‘‘major rule’’ as revisions that we recommend for the • Does not impose an information defined by 5 U.S.C. 804(2). next time the local agency modifies the collection burden under the provisions Under section 307(b)(1) of the Clean rules. of the Paperwork Reduction Act (44 Air Act, petitions for judicial review of this action must be filed in the United D. Public Comment and Final Action U.S.C. 3501 et seq.); • Is certified as not having a States Court of Appeals for the As authorized in section 110(k)(3) of significant economic impact on a appropriate circuit by June 29, 2015. the Act, EPA is fully approving substantial number of small entities Filing a petition for reconsideration by submitted YSAQMD Rules 1.1 and 2.31 under the Regulatory Flexibility Act (5 the Administrator of this final rule does for incorporation into the SIP and to U.S.C. 601 et seq.); not affect the finality of this action for replace in the SIP YSAQMD Rules 2.13, • Does not contain any unfunded the purposes of judicial review nor does 2.15, 2.24, because we believe action on mandate or significantly or uniquely it extend the time within which a these rules fulfills all relevant affect small governments, as described petition for judicial review may be filed, requirements. We are also removing in the Unfunded Mandates Reform Act and shall not postpone the effectiveness YSAQMD rules 2.13, 2.15 and 2.24 from of 1995 (Pub. L. 104–4); of such rule or action. the SIP because 2.31 contains more • Does not have Federalism Parties with objections to this direct stringent requirements and eliminates implications as specified in Executive final rule are encouraged to file a
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comment in response to the parallel FEDERAL COMMUNICATIONS fcc.gov or call the Consumer and notice of proposed rulemaking for this COMMISSION Governmental Affairs Bureau at (202) action published in the Proposed Rules 418–0530 (voice), (202) 418–0432 section of today’s Federal Register, 47 CFR Part 22 (TTY). rather than file an immediate petition [WT Docket No. 12–40; RM 11510; FCC 14– Synopsis for judicial review of this direct final 181] rule, so that EPA can withdraw this As required by the Paperwork direct final rule and address the Reform of Rules Governing the 800 Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it comment in the proposed rulemaking. MHz Cellular Service received OMB approval on March 31, This action may not be challenged later AGENCY: Federal Communications 2015, April 9, 2015, and April 20, 2015, in proceedings to enforce its Commission. for the revised information collection requirements (see section 307(b)(2)). ACTION: Final rule; announcement of requirements contained in the List of Subjects in 40 CFR Part 52 effective date. Commission’s rules at 47 CFR 22.165(e), 22.948, and 22.953. Environmental protection, Air SUMMARY: In this document, the Federal Under 5 CFR part 1320, an agency pollution control, Carbon monoxide, Communications Commission may not conduct or sponsor a collection Incorporation by reference, (Commission) announces that the Office of information unless it displays a Intergovernmental relations, Ozone, of Management and Budget (OMB) has current, valid OMB Control Number. Reporting and recordkeeping approved, for a period of three years, the No person shall be subject to any requirements, Volatile organic information collection requirements penalty for failing to comply with a compounds. associated with the Commission’s collection of information subject to the Report and Order, WT Docket No. 12– Paperwork Reduction Act that does not Dated: March 30, 2015. 40, RM 11510, FCC 14–181. This display a current, valid OMB Control Jared Blumenfeld, document is consistent with the Report Number. The OMB Control Numbers are Regional Administrator, Region IX. and Order, which stated that the 3060–0508, 3060–0800, and 3060–1058. Commission would publish a document The foregoing notice is required by Part 52—Chapter I, Title 40 of the in the Federal Register announcing the Paperwork Reduction Act of 1995, Code of Federal Regulations is amended OMB approval and the effective date of Public Law 104–13, October 1, 1995, as follows: the requirements. and 44 U.S.C. 3507. DATES: 47 CFR 22.165(e), 22.948, and The total annual reporting burdens PART 52—APPROVAL AND 22.953, published at 79 FR 72143, and costs for the respondents are as PROMULGATION OF December 5, 2014, are effective on May follows: IMPLEMENTATION PLANS 19, 2015. OMB Control Number: 3060–0508. FOR FURTHER INFORMATION CONTACT: For OMB Approval Date: April 9, 2015. ■ 1. The authority citation for part 52 additional information, contact Cathy OMB Expiration Date: April 30, 2018. Title: Parts 1 and 22 Reporting and continues to read as follows: Williams, [email protected], (202) Recordkeeping Requirements. Authority: 42 U.S.C. 7401 et seq. 418–2918. Form Number: Not applicable. SUPPLEMENTARY INFORMATION: This Subpart F—California Type of Review: Revision of a document announces that, on March 31, currently approved collection. 2015, April 9, 2015, and April 20, 2015, ■ Respondents: Business or other for- 2. Section 52.220, is amended by OMB approved the revised information adding paragraph (c)(442)(i)(F) to read profit entities, Individuals or collection requirements contained in the households, and State, Local or Tribal as follows: Commission’s Report and Order, FCC Governments. § 52.220 Identification of plan. 14–181, published at 79 FR 72143, Number of Respondents and December 5, 2014. The OMB Control Responses: 15,713 respondents; 15,713 * * * * * Numbers are 3060–0508, 3060–0800, responses. (c) * * * and 3060–1058. The Commission Estimated Time per Response: 15 (442) * * * publishes this document as an minutes–10 hours. announcement of the effective date of Frequency of Response: (i) * * * the requirements. If you have any Recordkeeping requirement; On (F) Yolo-Solano Air Quality comments on the burden estimates occasion, quarterly, and semi-annual Management District. listed below, or how the Commission reporting requirements. (1) Rule 1.1, ‘‘General Provisions and can improve the collections and reduce Obligation to Respond: Required to Definitions,’’ revised on May 8, 2013. any burdens caused thereby, please obtain or retain benefits. The statutory contact Cathy Williams, Federal authority for this collection is contained (2) Rule 2.31, ‘‘Solvent Cleaning and Communications Commission, Room 1– in 47 U.S.C. 154, 222, 303, 309 and 332. Degreasing,’’ revised on May 8, 2013. C823, 445 12th Street SW., Washington, Total Annual Burden: 4,894 hours. * * * * * DC 20554. Please include the OMB Annual Cost Burden: $19,445,250. [FR Doc. 2015–09737 Filed 4–27–15; 8:45 am] Control Numbers, 3060–0508, 3060– Privacy Act Impact Assessment: Yes. BILLING CODE 6560–50–P 0800, and 3060–1058 in your Nature and Extent of Confidentiality: correspondence. The Commission will There is no need for confidentiality with also accept your comments via email at this collection of information. The [email protected]. information to be collected will be made To request materials in accessible available for public inspection. formats for people with disabilities Applicants may request materials or (Braille, large print, electronic files, information submitted to the audio format), send an email to fcc504@ Commission be given confidential
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treatment under 47 CFR 0.459 of the character, or ownership of a historic Consummation or Request for Extension Commission’s rules. property, including traditional religious of Time for Consummation. Needs and Uses: The Federal sites. OMB Control No.: 3060–1058. Communications Commission Privacy Act Impact Assessment: Yes. OMB Approval Date: April 20, 2015. (Commission) received approval for a Needs and Uses: FCC Form 603 is a OMB Expiration Date: April 30, 2018. revision of OMB Control No. 3060–0508 multi-purpose form used to apply for Title: FCC Application or Notification from the Office of Management and approval of assignment or transfer of for Spectrum Leasing Arrangement: Budget (OMB). The purpose of this control of licenses in the wireless Wireless Telecommunications Bureau revision was to obtain OMB approval of services. The Federal Communications and/or Public Safety and Homeland rules applicable to Part 22 800 MHz Commission (Commission) received Security Bureau. Cellular Radiotelephone (‘‘Cellular’’) approval for a revision of OMB Control Form No.: FCC Form 608. Respondents: Business or other for- Service licensees and applicants, as No. 3060–0800 from the Office of profit entities; not-for-profit institutions; adopted by the Commission in a Report Management and Budget (OMB). This State, Local or Tribal Government. and Order (Report and Order) on revised information collection reflects Number of Respondents and November 7, 2014 (WT Docket No. 12– changes in rules applicable to Part 22 Responses: 991 respondents; 991 40; RM No. 11510; FCC 14–181). By the 800 MHz Cellular Radiotelephone responses. Report and Order, the Commission (‘‘Cellular’’) Service licensees and eliminates or streamlines certain Estimated Time per Response: 1 hour. applicants, as adopted by the Frequency of Response: Cellular Service filing requirements, Commission in a Report and Order Recordkeeping requirement and on thereby reducing the information (Report and Order) on November 7, occasion reporting requirement. collection burdens for Cellular Service 2014 (WT Docket No. 12–40; RM No. Obligation to Respond: Required to respondents. 11510; FCC 14–181). In addition to other The information collected is used to obtain or retain benefits. The statutory rule revisions that do not affect this authority for this collection of determine, on a case-by-case basis, information collection, the Commission whether or not to grant licenses information is contained in 47 U.S.C. adopted a revised rule Section 22.948(a) 151, 154(i), 154(j), 155, 158, 161, 301, authorizing construction and operation to require the electronic submission of of wireless telecommunications 303(r), 308, 309, 310, 332 and 503. maps (in GIS format and PDF) when the Total Annual Burden: 996 hours. facilities to common carriers. Further, Cellular applicant submits Form 603 to Annual Cost Burden: $1,282,075. this information is used to develop apply for Partitioning and Nature and Extent of Confidentiality: statistics about the demand for various Disaggregation. This requirement very In general there is no need for wireless licenses and/or the licensing slightly increases the total annual confidentiality. On a case by case basis, process itself, and occasionally for rule burden hours for this information the Commission may be required to enforcement purposes. collection. FCC Form 603 itself is not withhold from disclosure certain OMB Control No.: 3060–0800. being revised. information about the location, OMB Approval Date: March 31, 2015. The data collected on this form is OMB Expiration Date: March 31, character, or ownership of a historic used by the FCC to determine whether property, including traditional religious 2018. the public interest would be served by Title: FCC Application for sites. approval of the requested assignment or Assignments of Authorization and Privacy Act Impact Assessment: Not transfer. This form is also used to notify Transfers of Control: Wireless applicable. the Commission of consummated Needs and Uses: FCC Form 608 is a Telecommunications Bureau and/or assignments and transfers of wireless multipurpose form. It is used to provide Public Safety and Homeland Security and/or public safety licenses that have notification or request approval for any Bureau. previously been consented to by the Form No.: FCC Form 603. spectrum leasing arrangement (‘‘Lease’’) Respondents: Individuals or Commission or for which notification entered into between an existing households; business or other for-profit but not prior consent is required. This licensee in certain wireless services and entities; not-for-profit institutions; State, form is used by applicants/licensees in a spectrum lessee. This form also is local or Tribal Government. the Public Mobile Services, Personal required to notify or request approval Number of Respondents and Communications Services, General for any spectrum subleasing Responses: 2,447 respondents; 2,447 Wireless Communications Services, arrangement (‘‘Sublease’’). The Federal responses. Private Land Mobile Radio Services, Communications Commission Estimated Time per Response: 0.5– Broadcast Auxiliary Services, (Commission) received approval for a 1.75 hours. Broadband Radio Services, Educational revision of OMB Control No. 3060–1058 Frequency of Response: Radio Services, Fixed Microwave from the Office of Management and Recordkeeping requirement; on Services, Maritime Services (excluding Budget (OMB). The revised information occasion reporting requirement. ships), and Aviation Services (excluding collection reflects changes in rules Obligation to Respond: Required to aircraft). applicable to Part 22 800 MHz Cellular obtain or retain benefits. The statutory The purpose of this form is to obtain Radiotelephone (‘‘Cellular’’) Service authority for this collection of information sufficient to identify the licensees and applicants, as adopted by information is contained in 47 U.S.C. parties to the proposed assignment or the Commission in a Report and Order 4(i), 154(i), 303(r) and 309(j). transfer, establish the parties’ basic (‘‘R&O’’) on November 7, 2014 (WT Total Annual Burden: 2,759 hours. eligibility and qualifications, classify Docket No. 12–40; RM No. 11510; FCC Total Annual Cost: $366,975. the filing, and determine the nature of 14–181). In addition to other rule Nature and Extent of Confidentiality: the proposed service. Various technical revisions that do not affect this In general there is no need for schedules are required along with the information collection, the Commission confidentiality. On a case by case basis, main form applicable to Auctioned adopted a revised rule Section 22.948(d) the Commission may be required to Services, Partitioning and to require the electronic submission of withhold from disclosure certain Disaggregation, Undefined Geographical maps (in GIS format and PDF) when the information about the location, Area Partitioning, Notification of Cellular Service applicant submits Form
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608. The requirement very slightly ACTION: Final rule. the Report and Order in a report to be increases the total annual burden hours sent to Congress and the Government for this information collection. FCC SUMMARY: The Audio Division amends Accountability Office pursuant to the Form 608 itself is not being revised. the FM Table of Allotments, by allotting Congressional Review Act, see 5 U.S.C. The data collected on the form is used Channel 277A at Shelter Island, New 801(a)(1)(A). by the FCC to determine whether the York, as the community’s first local public interest would be served by the service. A staff engineering analysis List of Subjects in 47 CFR Part 73 indicates that Channel 277A can be Lease or Sublease. The form is also used Radio, Radio broadcasting. to provide notification for any Private allotted to Shelter Island consistent with Commons Arrangement entered into the minimum distance separation Federal Communications Commission. between a licensee, lessee, or sublessee requirements of the Commission’s Rules Nazifa Sawez, and a class of third-party users (as with a site restriction located 12 Assistant Chief, Audio Division, Media defined in Section 1.9080 of the kilometers (7.5 miles) south of the Bureau. Commission’s Rules). community. The reference coordinates are 40–57–54 NL and 72–22–59 WL. For the reasons discussed in the Federal Communications Commission. DATES: Effective: May 25, 2015. preamble, the Federal Communications Marlene H. Dortch, Commission amends 47 CFR part 73 as FOR FURTHER INFORMATION CONTACT: Secretary, Office of the Secretary, Office of Rolanda F. Smith, Media Bureau, (202) follows: the Managing Director. 418–2700. [FR Doc. 2015–09830 Filed 4–27–15; 8:45 am] PART 73—RADIO BROADCAST SUPPLEMENTARY INFORMATION: This is a SERVICES BILLING CODE 6712–01–P synopsis of the Commission’s Report and Order, MB Docket No. 14–255, ■ 1. The authority citation for part 73 adopted April 9, 2015, and released FEDERAL COMMUNICATIONS continues to read as follows: April 10, 2015. The full text of this COMMISSION Commission decision is available for Authority: 47 U.S.C. 154, 303, 334, 336, and 339. 47 CFR Part 73 inspection and copying during normal business hours in the FCC’s Reference § 73.202 [Amended] [MB Docket No. 14–255, RM–11742, DA 15– Information Center at Portals II, CY– 442] A257, 445 12th Street SW., Washington, ■ 2. Section 73.202(b), the Table of FM DC 20554. This document does not Allotments under New York, is Radio Broadcasting Services; Shelter amended by adding Shelter Island, Island, New York contain information collection requirements subject to the Paperwork Channel 277A. AGENCY: Federal Communications Reduction Act of 1995, Public Law 104– [FR Doc. 2015–09855 Filed 4–27–15; 8:45 am] Commission. 13. The Commission will send a copy of BILLING CODE 6712–01–P
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Proposed Rules Federal Register Vol. 80, No. 81
Tuesday, April 28, 2015
This section of the FEDERAL REGISTER Regulatory Information Number (RIN) B. Summary of Provisions contains notices to the public of the proposed 0581–AD08 for this rulemaking. This proposed rule would update the issuance of rules and regulations. The Commenters should identify the topic purpose of these notices is to give interested regulation by explicitly requiring that and section of the proposed rule to milk or milk products labeled, sold or persons an opportunity to participate in the which their comment refers. All rule making prior to the adoption of the final represented as organic be from dairy rules. commenters should refer to the animals organically managed since at GENERAL INFORMATION section for least the last third of gestation, with a more information on preparing your one-time exception for transition. This DEPARTMENT OF AGRICULTURE comments. All comments received will exception would allow a producer, as be posted without change to http:// defined by the regulations, to transition Agricultural Marketing Service www.regulations.gov. nonorganic dairy animals to organic Docket: For access to the docket, milk production one time, under 7 CFR Part 205 including background documents and specific conditions. [Document Number AMS–NOP–11–0009; comments received, go to http:// This proposal would specify that a NOP–11–04PR] www.regulations.gov. Comments producer (e.g., an individual or submitted in response to this proposed corporation starting or operating a dairy RIN 0581–AD08 rule will also be available for viewing in farm) could transition nonorganic dairy person at USDA–AMS, National Organic National Organic Program; Origin of animals to organic milk production one Program, Room 2646—South Building, Livestock time over a single twelve-month period. 1400 Independence Ave. SW., The proposal would require that all AGENCY: Agricultural Marketing Service, Washington, DC, from 9 a.m. to 12 noon transitioning animals end the transition USDA. and from 1 p.m. to 4 p.m., Monday process at the same time. This twelve- ACTION: Proposed rule. through Friday (except official Federal month period is consistent with OFPA’s holidays). Persons wanting to visit the requirement that there be a minimum SUMMARY: The U.S. Department of USDA South Building to view period of one year of organic Agriculture’s Agricultural Marketing comments received in response to this management before milk from dairy Service (USDA AMS) proposes to proposed rule are requested to make an animals can be sold as organic (7 U.S.C. amend the origin of livestock appointment in advance by calling (202) 6509(e)(2)). requirements for dairy animals under 720–3252. This proposal would specify that, the USDA organic regulations. This FOR FURTHER INFORMATION CONTACT: once the transition into organic proposed action would specify that a Andrew Perry, Director, Standards production is complete, that a producer producer can transition dairy animals Division, Telephone: (202) 720–3252; would not be allowed to conduct any into organic production once. This Fax: (202) 205–7808. additional transitions. After the proposed action would clarify that, after transition, the producer would only be SUPPLEMENTARY INFORMATION: completion of this one-time transition, able to expand the number of dairy any new dairy animals that a producer Executive Summary animals or replace culled dairy animals adds to a dairy farm would need to be on any dairy farm in two ways: (1) Add A. Purpose of Proposed Rule managed organically from the last third dairy animals that had been under of gestation or sourced from dairy This proposed rule would create continuous organic management since animals that already completed their greater consistency in the the last third of gestation, or (2) add transition into organic production. This implementation of a standard for the transitioned dairy animals that had proposed action would also clarify how transition of dairy animals into organic already completed the transition on breeder stock should be managed on production and for the management of another dairy farm during that organic livestock farms. breeder stock. AMS has determined that producer’s one-time transition. DATES: Comments must be received by the current regulations regarding the The proposal would define a dairy July 27, 2015. transition of dairy animals and the farm as a specific premises with a ADDRESSES: Interested parties may management of breeder stock on organic milking parlor where at least one submit written comments on this operations need additional specificity lactating animal is milked. For the proposed rule using one of the following and clarity to improve AMS’ ability to purpose of this definition, a milking methods: efficiently administer the National parlor should be considered a physical • Federal eRulemaking Portal: http:// Organic Program (NOP). A stated structure (e.g., barn, parlor) in which www.regulations.gov. Follow the purpose of the Organic Foods dairy animals are milked. Because the instructions for submitting comments. Production Act of 1990 (OFPA) dairy farm definition, in part, drives the • Mail: Scott Updike, Agricultural (7 U.S.C. 6501–6522) is to assure eligibility for a producer to transition Marketing Specialist, National Organic consumers that organically produced animals to organic production, this Program, USDA–AMS–NOP, Room products meet a consistent and uniform action would mean that producers that 2646—So., Ag Stop 0268, 1400 standard (7 U.S.C. 6501). This action only raise heifers for organic dairy farms Independence Ave. SW., Washington, would facilitate and improve would not be eligible to transition DC 20250–0268. compliance with and enforcement of the conventional animals to organic. Such Instructions: All submissions received USDA organic regulations (7 CFR part producers do not milk animals and, must include the docket number AMS– 205) and maintain consumer trust in the therefore, would not be considered NOP–11–0009; NOP–11–04PR, and/or consistency of the Organic seal. eligible for the one-time transition
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exception. However, such producers extend to nonorganic breeder stock that contact of any organic production or could continue raising heifers for are themselves not certified or eligible products with prohibited substances (7 organic dairy farms as long as the for slaughter, sale, and labeling as CFR 205.201(a)(5)). AMS is proposing animals were under continuous organic organic. Further, OFPA specifically additional provisions for organic management from the last third of allows breeder stock to be purchased management of breeder stock during the gestation. from any source if the stock is not in its time when the breeder stock is directly This proposed rule reiterates that last third of gestation. Consistent with contributing to the nourishment of breeder stock may be brought from a OFPA and USDA organic regulations, a organic offspring, from the last third of nonorganic operation onto an organic producer has flexibility in its sourcing gestation through the end of the nursing operation at any time. While the and its management of nonorganic period. regulations prohibit organic livestock breeder stock after its organic calf is from being removed and managed on a weaned and before it begins the last C. Costs and Benefits nonorganic operation and subsequently third of gestation for the next offspring. returned to an organic operation (i.e., However, a producer must continue to AMS estimates the following costs cycling in and out of organic prevent commingling of organic and and benefits of this proposed rule. production), this provision does not nonorganic products and prevent
Costs (range) Benefits
$288,000–$935,000 ...... Will create a consistent, level playing field for all existing organic dairy This range indicates the estimated costs for dairy producers to pur- producers, regardless of how they transitioned into organic produc- chase organic replacement heifers instead of transitioned heifers. tion. (AMS had no data to estimate costs for dairy sheep and goat farms) Facilitates more consistent enforcement of organic dairy standards. AMS believes the lower bound is a conservative estimate of the Maintains consumer confidence in the USDA organic seal. costs and actual costs could be less. The upper limit accounts for an assumed organic premium for organic heifers. The difference be- tween the lower bound and upper limit is believed to be an intra-in- dustry transfer of costs and benefits, not a net cost.
Table of Contents farm and that plan to seek organic the stated position. Your comments certification for that farm. should also offer any recommended I. General Information • A. Does this action apply to me? Existing dairy farms that are language changes that would be B. What should I consider as I prepare my currently certified organic under the appropriate for your position. Please comments for AMS? USDA organic regulations. include relevant information and data to • II. Background Existing conventional dairy farms further support your position (e.g. A. Dairy Transition that are considering converting their scientific, environmental, industry B. Breeder Stock farm to certified organic production. impact information, etc.). C. Development of Existing Standards • Businesses engaged in raising Specifically, AMS is requesting D. Discussion of Past Comments Received heifers for sale to certified organic comments on the following topics: III. Overview of Proposed Amendments operations. A. Dairy Transition • Certifying agents accredited under 1. The cost and benefit analysis i. Implementation Considerations the USDA organic regulations to certify presented, including assumptions and B. Breeder Stock organic livestock operations. estimates, of limiting dairy transition to C. Additional Clarifications • Certifying agents accredited under a one-time exception for a given D. Other Amendments Considered producer; IV. Related Documents the USDA organic regulations who may V. Statutory and Regulatory Authority seek to certify transitioned dairy 2. Procedures that certifying agents A. Executive Order 12866 and 13563 animals or transitional crops. would use under this proposal to i. Need for the Rule This listing is not intended to be determine whether a producer is eligible ii. Baseline exhaustive, but rather provides a guide for the one-time transition; and iii. Alternatives Considered for readers regarding entities likely to be 3. The proposed implementation iv. Costs of Proposed Rule affected by this action. Other types of approach for this rule. v. Benefits of Proposed Rule entities not listed in this section could vi. Conclusions also be affected. To determine whether II. Background B. Executive Order 12988 you or your business may be affected by C. Regulatory Flexibility Act A. Dairy Transition this action, you should carefully D. Executive Order 13175 AMS’ National Organic Program E. Paperwork Reduction Act examine the proposed regulatory text. If F. Civil Rights Impact Analysis you have questions regarding the (NOP) is authorized by OFPA. Through VI. List of Subjects in 7 CFR Part 205 applicability of this action to a the NOP, AMS oversees national particular entity, consult the person standards for the production and I. General Information listed under FOR FURTHER INFORMATION handling of organically produced A. Does this action apply to me? CONTACT. agricultural products. This action is being taken by AMS to create greater You may be potentially affected by B. What should I consider as I prepare consistency in the implementation of this action if you are engaged in the my comments for AMS? the origin of livestock requirements for dairy industry. Potentially affected Your comments should clearly organic dairy animals, and to facilitate entities may include, but are not limited indicate whether or not they support the and improve compliance with and to: action being proposed for any or all of enforcement of the USDA organic • Individuals or business entities that the items in this proposed rule. You regulations. This action is also being are considering starting a new dairy should clearly indicate the reason(s) for taken to satisfy consumer expectations
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that organic livestock meet a consistent considered complete. Some dairy are weaned from the breeder stock (7 and uniform standard. operations continuously transition CFR 205.236(a)). Section 6509 of OFPA authorizes the conventional dairy animals as new Stakeholders, through public USDA to implement regulations ‘‘distinct’’ herds into organic comment to the NOSB and comments to regarding standards for organic livestock production. This can be a cost savings NOP have expressed concern that some products, including the transition of to a farmer because he or she does not operations may bring breeder stock onto dairy animals into organic production. have to purchase organic dairy animals an organic operation, manage them OFPA establishes that in general, to either expand their herd or replace organically for the last third of gestation organic livestock will be managed their cull animals. Other dairy so that the breeder stock can produce organically since the last third of operations have only used the transition organic offspring, and then return that gestation (7 U.S.C. 6509(b)). As an exception once when they initially breeder stock to nonorganic exception for dairy animals, OFPA converted a ‘‘herd’’ to organic management. Some stakeholders, requires a minimum period of one year production. Current practice also does including the NOSB, have suggested of organic management before milk from not always align with the intent of the that such a practice does not align with non-organic dairy animals can be sold May 2003 NOSB recommendation and a regulatory provision that prohibits as organic (7 U.S.C. 6509(e)(2)). OFPA the regulations that dairy herd transition livestock removed from an organic also addresses the use of breeder stock be used only one time, when a producer operation and subsequently managed on on livestock farms (7 U.S.C. 6509(b)). with a farm initially transitions from a nonorganic operation to be sold, Furthermore, OFPA authorizes the conventional to organic production. labeled, or represented as organically creation of the National Organic AMS is updating the transition produced (section 205.236(b)).2 Standards Board (NOSB) to advise exception through this proposed C. Development of Existing Standards USDA about the implementation of rulemaking. Between 1994 and 2006, the NOSB standards and practices for organic In July 2013, the USDA Office of made six recommendations regarding production (7 U.S.C. 6518). Inspector General (OIG) published an origin of dairy animals; several of which The USDA organic regulations audit report on organic milk operations included recommendations on the regarding the origin of livestock (7 CFR stating that certifying agents were management of breeder stock.3 Between 205.236(a)) require that all livestock interpreting the origin of livestock 1997 and 2000, AMS issued two products (e.g., meat, fiber) sold, labeled, requirements differently.1 According to proposed rules and a final rule or represented as being organic must be the OIG report, three of the six certifiers regarding national standards for from livestock under continuous organic interviewed by OIG allowed producers production and handling of organic management from the last third of to continuously transition additional products, including livestock and their gestation onward. For dairy animals, the herds to organic milk production, while USDA organic regulations provide an products. 45 AMS also issued a the other three certifiers did not permit exception at section 205.236(a)(2) that proposed rule and final rule this practice. OIG recommended that a allows for the transition of a dairy herd implementing congressional proposed rule be issued to clarify the into organic production as long as they amendments to the OFPA regarding feed standard and ensure that all certifiers are under continuous organic for transitioning dairy animals.6 The consistently apply and enforce the management for the one-year period NOSB as well as the public commented origin of livestock requirements. This prior to production of organic milk or on these rulemakings with regard to the proposed rule responds to the OIG milk products. During this one-year origin of livestock and exception for finding on this issue. period, dairy animals may consume transition. Key points from these actions crops and forage from land which is in B. Breeder Stock that led to the development of the the third year of organic management OFPA states that breeder stock may be existing standards on origin of livestock and included in the organic system purchased from any source if such stock are summarized below. plan, but has not yet been certified (1) In June 1994, the NOSB is not in the last third of gestation (7 organic (7 CFR 205.236(a)(2)(i)). Section recommended a series of provisions to U.S.C. 6509(b)). The USDA organic 205.236(a)(2)(iii) requires that once an address the source of livestock on regulations define breeder stock as entire distinct herd has transitioned to organic farms. Within this female livestock whose offspring may be organic production, all dairy animals recommendation, the NOSB stated that incorporated into an organic operation shall be managed organically from the dairy stock be fed certified organic feeds at the time of their birth (7 CFR 205.2). last third of gestation. and raised under organic management OFPA and the regulations limit breeder While the regulations allow for the practices for not less than 12 months stock to nonorganic females who may transition of a conventional herd to prior to the sale of their milk as produce organic offspring if certain organic milk production after one year organic.7 conditions are met. The regulations of organic management, the regulations (2) On December 16, 1997, AMS specify that such breeder stock may be do not define a herd. As such, responded to the June 1994 NOSB stakeholders have interpreted the term brought from a nonorganic operation onto an organic operation at any time (7 ‘‘herd’’ in a variety of ways. For 2 National Organic Standards Board April 2003 example, some operations and certifying CFR 205.236(a)(3)). If breeder stock is Recommendation on Breeder Stock: Clarification of agents consider a herd to include all of gestating and its offspring are to be Rule. Available online at: http:// www.ams.usda.gov/AMSv1.0/ the animals on the farm, whereas others raised as organic, the regulations require that the breeder stock be brought onto getfile?dDocName=STELDEV3104547. consider a herd to be a group of animals 3 A complete listing of related documents and on a farm that are managed together the facility no later than the last third NOSB recommendations is found in Section III over time. of gestation and be under continuous below. Additionally, organic operations and organic management until the offspring 4 62 FR 65850; 65 FR 13512. 5 certifying agents have interpreted the 65 FR 80548. 1 The July 2013 Office of Inspector General (OIG) 6 71 FR 32803. USDA organic regulations differently audit report on organic milk operations may be 7 NOSB Final Recommendation, 2 June 1994. regarding when the transition of a herd accessed at the following Web site: http:// Available online at: http://www.ams.usda.gov/ into organic production should be www.usda.gov/oig/webdocs/01601-0002-32.pdf. AMSv1.0/getfile?dDocName=stelprdc5058940.
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recommendation through publication of rule with respect to the origin of dairy onward. The NOSB believed that this a proposed rule.8 The language livestock. The NOSB stated that would ensure consistency with the contained within that proposed rule livestock should be under organic current regulations at section echoed the NOSB’s recommendation. management for one full year prior to 205.236(a)(2)(iii). Their The proposal would have required that the sale of organic milk with an recommendation also included a dairy animals must be on a certified exception for conversion of an entire, provision for breeder stock (7 CFR organic facility beginning no later than distinct herd into organic production. 205.236(a)(3)) requiring that breeder 12 months prior to the production of The NOSB laid out the following three stock remain under organic management milk or milk products sold, labeled, or conditions for conversion of a herd into indefinitely after their introduction onto represented as organic. The 1997 organic production: an organic farm; that is to say, the proposed rule also proposed that all • For the first nine months of the recommendation was to prohibit feed provided to organic dairy livestock final twelve-month dairy herd transition breeder stock from rotating in and out consist of organically produced and period, animals must be fed at least 80 of organic management. handled agricultural products, percent feed that is either organic or (8) In May 2003, the NOSB including pasture and forage. However, self-raised transitional feed. The recommended that following a the proposed rule included a provision remaining 20 percent could be transition, all dairy livestock, including to allow nonorganic feed up to a nonorganic during those nine months. • replacement stock, remain under maximum of 20 percent of the animal’s For the final three months, animals organic management from the last third diet. The 20 percent level was roughly must be fed 100 percent organic feed. of gestation onward.14 Concurrently, the • Once a dairy operation has been representative of the nutrients provided NOSB made a separate recommendation converted to organic production, all from supplemental grain feeding, in regarding breeder stock.15 They dairy animals shall be under organic addition to nutrients provided by recommended a requirement for management from the last third of pasture and forage. The proposed operations to continuously manage all gestation, except that transitional feed language also contained a provision breeder stock as organic if they were that, if necessary, a herd of dairy raised on the farm may be fed to young stock up to 12 months prior to milk brought onto an organic farm to produce livestock converting to organic organic offspring. The NOSB further management for the first time could be production. (6) On December 21, 2000, AMS advocated that the NOP issue guidance provided with nonorganic feed until 90 in the form of questions and answers to days prior to the production of organic published a final rule establishing the USDA organic regulations.12 Through clarify the management of breeder stock milk or milk products. This proposed to the industry. rule was never finalized.9 this action, AMS finalized the origin of (3) In March 1998, the NOSB livestock provision, including a (9) In October 2003, a legal challenge provided a second recommendation requirement that organic milk be was filed against USDA stating that, reaffirming its 1994 recommendation on produced from animals under organic among other things, the OFPA required the source of livestock.10 The March management beginning no later than organic dairy animals be fed 100 percent 1998 NOSB recommendation also one year prior to the production of milk organic feeds, and thus, the 80/20 rule recommended that livestock comprising or milk products sold, labeled, or for the transition of dairy animals was 16 part of a mixed crop/livestock operation represented as organic. The rule further in violation of the statute. should qualify to be certified organic at incorporated the exceptions (10) On January 26, 2005, the U.S. the end of the transition period. recommended by the NOSB by allowing Court of Appeals for the First Circuit (4) On March 13, 2000, AMS 80 percent organic feed and 20 percent issued a decision in the case.17 The published a proposed rule that would nonorganic feed (i.e., the ‘‘80/20’’ rule) court upheld the USDA organic establish the USDA organic for transitioned animals. AMS did not regulations in general, but remanded the regulations.11 Within this proposed include NOSB’s recommendation case to the lower court, for, among other rule, AMS responded to the NOSB’s allowing young stock to be fed things, the entry of a declaratory March 1998 recommendation on the transitional feeds. In the preamble to the judgment with respect to the 80/20 source of livestock. AMS proposed to final rule, AMS explained that such a dairy transition allowance, then require that livestock be under provision would allow animals to codified in section 205.236(a)(2)(i) of continuous organic management transition at different times, rather than the regulations. The lower court found beginning no later than one year prior as a herd, thereby making it the 80/20 dairy transition provisions at to the production of organic milk or incompatible with the notion that the section 205.236(a)(2)(i) to be contrary to milk products. Unlike AMS’ 1997 whole herd transition was a distinct the OFPA and in excess of the proposal, the 2000 proposed rule did one-time event.13 AMS further Secretary’s rulemaking authority.18 not include a provision for the described that the exception to allowance of nonorganic feed during the transition is a one-time opportunity for 14 National Organic Standards Board May 2003 12-month transition period. Recommendation on Origin of Livestock: producers to implement a conversion Recommendation for Rule Change (document dated (5) On June 12, 2000, the NOSB strategy for an established discrete dairy April 2003). Available online at: http://www.ams. commented on the second proposed herd in conjunction with the land usda.gov/AMSv1.0/getfile?dDocName=STELDEV resources that sustain it. This rule went 3104546. 8 62 FR 65850. into effect on February 20, 2001, and 15 National Organic Standards Board May 2003 9 Recommendation on Breeder Stock: Clarification of Due to the volume and content of public was fully implemented on October 21, comments submitted in response to the 1997 Rule (document dated April 2003). Available online proposed rule, AMS withdrew the proposal and 2002. at: http://www.ams.usda.gov/AMSv1.0/getfile?dDoc issued a second proposed rule prior to the final rule (7) In October 2002, the NOSB Name=STELDEV3104547. that established the National Organic Program recommended that all replacement and 16 Harvey v. Veneman, 297 F.Supp. 2d 334 (D. (NOP) (published December 21, 2000). expansion dairy animals be raised as Maine 2004). 10 NOSB Committee Report and Adopted 17 Harvey v. Veneman, 396 F.3d 28 (1st Cir. Recommendations, 16 March 1998. Available organic from the last third of gestation 2005). online at: http://www.ams.usda.gov/AMSv1.0/ 18 Harvey v. Johanns. Civil No. 02–216–P–H. getfile?dDocName=stelprdc5058929. 12 65 FR 80548. Consent Final Judgment and Order, 9 June 2005. 11 65 FR 13512. 13 65 FR 80570. Available online at: http://www.ams.usda.gov/
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(11) On November 10, 2005, Congress 205.236(a)(2)(i)), as well as setting a clarity on how animals can transition amended the OFPA to allow a special termination date of June 9, 2007, for the into organic production is needed. Some provision for transitioning dairy existing 80/20 feed conversion rule (7 commenters stressed that organic dairy livestock to organic production (7 U.S.C. CFR 205.236(a)(2)(ii)). In the preamble products were keystone products for 6509(e)(2)(B)). This amendment to the 2006 final rule, AMS noted that consumer confidence and a major provided a new provision to allow crops additional clarity could be provided stepping-stone to additional purchases and forage from land included in the regarding the transition of dairy animals in other organic categories. organic system plan of a farm that was into organic production. Commenters stated that continued in the third year of organic management transition of conventional animals D. Discussion of Past Comments to be consumed by the dairy animals on increases the supply of animals able to Received the farm during the 12 month period produce organic milk, depresses the immediately prior to the sale of organic The approximately 12,725 combined value of organic heifers and limits the milk and milk products. comments received on the April 2006 incentives to produce organic (12) On April 27, 2006, AMS proposed rule addressing the court replacement animals. They also stated published a proposed rule entitled order and the April 2006 advanced that the allowance to transition a large ‘‘Revisions to Livestock Standards notice of proposed rulemaking on access number of animals, rather than Based on Court Order’’ to address the to pasture provided AMS with purchasing or raising animals as organic November 2005 amendments to information needed to develop this from last third of gestation, results in OFPA.19 AMS received nearly 12,400 proposed action. In general, comments surplus organic heifer calves being sold comments on the issue of dairy animal requested greater clarity on the into the conventional market. Some replacement during the comment period parameters for transitioning dairy commenters stated that the practice of for this proposed rule. Additionally, in animals into organic production, and allowing some operations to transition response to the April 13, 2006, called for elimination of the ‘‘two-track’’ conventional animals on a regular basis advanced notice of proposed system. The ‘‘two-track’’ system refers to encouraged development of heifer rulemaking on access to pasture, AMS an April 2003 NOP statement that once development farms. They based this received over 325 comments on the an entire, distinct herd transitioned belief on the position that it is easier issue of dairy animal replacement.20 using the 80/20 provision (20% and cheaper to purchase transitioned Neither of these actions intended to nonorganic feed in the 12 months before animals from heifer development farms address the dairy replacement or milking), all offspring then had to be than it is to raise animals that are transition issue as an objective. managed organically and no organic from birth. Commenters claimed Accordingly, the comments were not a transitioned replacements could be that raising organic dairy animals is part of subsequent rulemaking for either purchased.23 The NOP also stated that, twice as expensive as raising action as they were beyond the scope of for those that did not use the 80/20 conventional dairy animals during their these rules. They are, however, provision, the dairy animals only first year of life. They contended that acknowledged and discussed in this needed to be under continuous organic producers who sell organic calves and proposed rule. management starting no later than 12 replace them with transitioned (13) On May 12, 2006, the NOSB months prior to production (i.e., conventionally raised heifers, have an commented on the ‘‘Revisions to producers could continue to transition economic advantage over those who Livestock Standards Based on Court animals into organic over time). raise animals organically from birth, due Order (Harvey v. Johanns) and 2005 The majority of commenters stated to lower cost of conventional feed and Amendment to the Organic Foods that the ‘‘two-track’’ system could be ability to shorten the interval before Production Act of 1990’’ proposed rule addressed by conveying that, once a milk production by purchasing older published April 27, 2006.21 The NOSB dairy operation is certified organic, animals. Commenters believed that for amended its May 2003 dairy regardless of how that operation the organic heifer market to develop, replacement recommendation to read: transitioned into organic, all new dairy and for there to be more organic stock ‘‘Once a dairy operation has been animals added to that operation should available at an appropriate market converted to organic production, all be managed organically from the last value, greater clarity is needed in the dairy animals, including all young stock third of gestation. Commenters stated regulations to convey that organic heifers are required in every case, whether born on or brought onto the that this principle should apply to those except for the one-time initial transition operation, shall be under organic animals born on the farm and those of a dairy operation. management from the last third of the purchased as replacement and At the time of the 2006 proposed rule, mother’s gestation.’’ expansion animals to increase herd size. commenters stated that at least nine (14) On June 7, 2006, AMS published Commenters stated that only allowing U.S.-based certifying agents were a final rule entitled ‘‘Revisions to organic dairy operations to add animals requiring the dairy operations they Livestock Standards Based on Court who have been managed organically certified (approximately 1,100 certified Order’’ to implement the November since the last third of gestation supports 22 and 150 transitioning operations) to 2005 statutory change. The consumer confidence in the organic manage all replacement dairy animals amendments reflected the new OFPA milk sector. They reiterated that organically from the last third of allowance permitting transitioning dairy consumers expect that organic milk is gestation. This accounted for roughly animals to be fed feedstuffs from produced without the use of excluded 50% of the organic dairy operations at transitioning lands in their last of the methods and substances prohibited that time. Other certifying agents were three-year period (7 CFR under the regulations (i.e., hormones, allowing the other approximately 50% antibiotics, and certain animal of dairy operations to transition AMSv1.0/getfile?dDocName=STELDEV3013564& medications), and believe that greater acct=noprulemaking. conventional animals to organic on a 19 continual basis. Commenters stressed 71 FR 24820. 23 National Organic Program, Origin of Livestock 20 71 FR 19131. Statement. April 11, 2003. Available online at that a main purpose of the OFPA was 21 71 FR 24820. www.regulations.gov under ‘‘Related Documents’’ consumer assurance that organically 22 71 FR 32803. for docket number AMS–NOP–11–0009. produced products met a consistent
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standard and that the current origin of premises are milked. This definition is Because the one-time transition is tied livestock standard needs further similar to the definitions of a dairy farm to the producer (i.e., a farm or business), specificity to meet that purpose. used by the AMS Dairy Grading employees of that producer are not Since receiving these comments in Program.24 themselves considered a producer response to the 2006 proposed rule, This proposal would define a utilizing a one-time transition. Under diverse stakeholders including trade transitioned animal to clarify which the proposal, such employees would associations, organic dairy producer animals are eligible to produce organic retain their ability to establish a new groups, consumer organizations, and milk, but are not eligible for certification business entity as a producer that may certifying agents continue to submit as organic slaughter stock or eligible for be eligible for its own one-time letters to NOP requesting greater clarity certification for purpose of organic fiber transition. on the origin of livestock provisions of production. This definition supports the In addition, while the definition of the regulations. In response to those current requirement that meat or fiber person includes cooperatives, requests, NOP engaged stakeholders in come from animals under continuous cooperatives would not themselves seek ongoing discussions over the last two organic management since the last third a one-time exception to transition years related to potential changes and of gestation (7 CFR 205.236(a)). The animals into organic production. There any associated costs and benefits of transitioned animal definition and its are business entities, including these changes. AMS developed this relevance to this action are discussed in cooperatives, within the organic dairy proposed rule in response to the public more detail below. sector that are typically certified as comments and feedback we have This proposal would define a organic handlers, not as organic received regarding the origin of transitional crop as any agricultural producers, and who would not meet the livestock provisions. crop or forage from land, included in definition of a dairy farm. Instead, these the organic system plan of a producer’s entities contract with multiple organic III. Overview of Proposed Amendments operation, that has had no application of producers for their milk supply. Under A. Dairy Transition prohibited substances within one year this proposal, the eligibility for a one- prior to harvest of the crop or forage. time transition is tied to a producer, as AMS is proposing to add five new Based upon this definition, AMS would specified on an organic certificate, and terms: Organic management, dairy farm, add a related definition for third-year they would need to meet the definition transitioned animal, transitional crop, transitional crop. A third-year of a dairy farm and other proposed and third-year transitional crop to those transitional crop would be defined as requirements. defined at section 205.2. Organic crops and forage from land, included in Dairy producers with multiple farms management would be defined as the organic system plan of a producer’s would need to make a decision about management of an organic production or operation, that has had no application of how to transition to organic production. handling operation in compliance with prohibited substances within 2 years Producers with multiple farms have a all applicable production and handling prior to harvest of the crop or forage. single twelve month period in which provisions under the regulations. Third-year transitional crops need to they may transition conventional dairy Stakeholders have questioned whether meet all other requirements of the animals to organic milk production. the term ‘‘organic management’’ in the regulations (e.g., soil fertility and crop During this transition period, these regulations is related to compliance nutrient management practice standard producers may transition all animals on with the regulations or to some other (section 205.203); use of organic seed if all the farms, some of the animals on generic use or understanding of the commercially available (section some of the farms, all the animals on term. Providing a definition for this 205.204)). OFPA and the regulations one of the farms, or some of the animals term would confirm that its use is currently allow producers to feed these on one of the farms. The producer directly tied to the regulations. For third year transitional crops to dairy would initiate the transition to organic example, the regulations allow crops animals in transition (7 U.S.C. milk production at least 12 months prior and forage in their third year of organic 6509(e)(2)(b); existing section to completing the transition and management to be fed to livestock 205.236(a)(2)(i)). obtaining organic certification. transitioning to organic production. In AMS is proposing to amend the However, once the transition period the case of crops and forage in their introductory text at section ends, the producers may not themselves third year of organic management, this 205.236(a)(2) to reflect that the one-time transition any additional animals into means that the land they are grown on exception to transition to organic dairy organic production. Instead, they would must meet certain requirements of the production would be limited to a given need to source animals as organically regulations as it transitions into certified producer. A producer is defined under managed since the last third of gestation organic production (e.g., per section the regulations as ‘‘a person who or those already transitioned to organic 205.202(b), no prohibited substances engages in the business of growing or production on a different producer’s applied to land). Further, during the producing food, fiber, feed, and other dairy farm. transition period for dairy animals, they agricultural-based consumer products’’ The proposed amendments would must be under organic management in (section 205.2). The regulations also replace the current text at section compliance with the regulations. This define a person as an ‘‘individual, 205.236(a)(2) to specify that each means producers need to meet all of the partnership, corporation, association, producer would be able to conduct one transition. To be eligible for a transition, livestock requirements during that cooperative or other entity’’ (section the proposal language specifies that the transition period (e.g., per section 205.2). This definition is based on the producer must start a new organic dairy 205.237, provide animals with a definition of person under OFPA (7 farm or transition an existing specified amount of dry matter from U.S.C 6502(15)). A producer must be a conventional dairy farm to organic pasture during the farm’s grazing person as described in section 205.2 to certification. This transition would need season). be eligible for a one-time transition. Under this proposal, AMS would to occur over a single, continuous 12- define a dairy farm as a premises, which 24 USDA AMS. July 2011. Milk for Manufacturing month period prior to production of must have a milking parlor, where one Purposes and its Production and Processing. milk or milk products that are to be or more lactating animals raised on that Recommended Requirements. Dairy Programs. sold, labeled, or represented as organic.
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After completing a transition, that attestations by checking past AMS also did not choose the current producer would not be able to transition certification records associated with that herd standard because a given operation any new animals into organic producer. can have a new herd every year, or even production. AMS also considered linking the multiple per year, allowing farmers to For example, if producer A already transition exception to the operation. transition new animals annually, if not completed a transition on dairy farm A, Based on stakeholder feedback and past more often. The intent of our proposal then producer A would not be eligible NOSB recommendations, the term is to provide a clear, consistent standard to transition animals into organic ‘‘operation’’ is used at times, as is the that when implemented will reflect the production on dairy farm B. Under this term ‘‘producer’’, to describe how a one- NOSB recommendation to allow for a proposal, once a producer completes its time exception to transition into organic producer to use a one-time transition of transition of dairy animals into organic dairy production could be structured. animals into organic milk production. production, a producer would have two Upon review, AMS is proposing to link Providing a producer with a one-time options for bringing any new dairy the transition to a given producer rather exception to transition dairy animals to animals onto a producer’s organic dairy than an operation because both organic milk production best captures farm(s) (whether for expansion or producer and person are already defined the intent of the NOSB’s replacement purposes): (1) Add animals under OFPA and the implementing recommendation. It also supports the that are under continuous organic regulations. concept discussed in the 2000 final rule management from the last third of Other stakeholders suggested limiting establishing the USDA organic gestation; or (2) add transitioned the transition such that after an regulations that transition to organic animals sourced from a certified organic operation completed its one-time dairy should be a distinct, one-time dairy producer. transition, any persons responsibly event for a producer.25 Because the dairy farm definition, in connected to that operation could not Under the proposed amendments, any part, would drive the eligibility for a transition additional animals into transition would need to meet certain producer to transition animals to organic production. ‘‘Responsibly conditions. Proposed section organic production, producers that only connected’’ is defined under the current 205.236(a)(2)(i) would specify that dairy raise heifers for organic dairy farms regulations as ‘‘any person who is a animals must be under continuous would not be eligible to transition partner, officer, director, holder, organic management during the 12- conventional animals to organic. Such manager, or owner of 10 percent or more month transition period. This aligns producers do not milk animals and, of the voting stock of an applicant or a with the provision in OFPA which therefore, would not be eligible for a recipient of certification or requires that dairy animals be managed transition. Such producers could accreditation’’ (7 CFR 205.2). This as organic for at least 12 months prior continue raising heifers for organic approach would require a person with to the production of organic milk.26 dairy farms as long as the animals were an operation to list all persons During the 12-month period, proposed under continuous organic management responsibly connected to that operation section 205.236(a)(2)(ii) would specify from the last third of gestation. to document the relationship various that the producer should describe its AMS considered alternatives to our individuals had to the dairy farm. This transition approach as part of the proposal that would link the approach would be difficult to organic system plan already required at transitioned exception to a producer. document and difficult for a certifier to section 205.200. Under existing section These alternatives included linking the verify for the purpose of certification. 205.401, the producer must submit this one-time transition exception to a dairy This approach also would be overly organic system plan as part of an farm, an operation, persons responsibly prescriptive. For example, under this application for certification to a connected, and the current unit of approach, new managers on a farm, who certifying agent. We are proposing this regulation, a herd. We did not choose had never been part of a transition, provision to ensure that applicants for the dairy farm by itself as the criterion would be restricted from starting a new organic certification can demonstrate for eligibility to transition because it dairy farm on a different location and their ability to comply early on in the would allow a given producer to completing their own transition of dairy certification process. The intent is to transition dairy animals on multiple animals into organic production. This support communication between the dairy farms over time. This proposal approach could also restrict the ability applicant and the certifying agent about was drafted to create greater consistency for children of organic dairy producers the transition approach and to minimize in the implementation of the transition to transition animals into organic situations in which a producer mechanism so that it is not used as a production. Children could be approaches a certifying agent after 12 continual means of producing organic ‘‘responsibly connected’’ to their months of transitioning animals only to milk without purchasing organic stock parents’ farm if they served as managers realize that they did not complete the once a producer has converted to or partners. If their parents had already transition as specified in the organic production. Furthermore, AMS completed a transition, then these regulations. could not identify how a producer and children, who were managers or This proposal would make minor a certifying agent could verify that a partners, could not transition any revisions to a provision under the transition had not already occurred on additional animals if they bought that current regulations that allows dairy a given dairy farm. This would be farm because they would be considered animals undergoing transition to especially difficult as time went on and ‘‘responsibly connected’’ to the parents’ consume ‘‘third-year’’ crops. The a dairy farm may have changed operation. For these reasons, AMS is not proposed provision would appear at ownership multiple times. By linking proposing this approach. Rather, under section 205.236(a)(2)(iii) and would the transition to a given producer, a the proposed language that a one-time specify that, during the 12-month producer (e.g., an individual or a exception is tied to a given ‘‘producer’’, transition, dairy animals may consume corporation) can attest to a certifying employees, such as managers or third-year transitional crops which this agent as part of their application for partners, including children, could start proposal would define at section 205.2. certification that they have not already up a new business entity with a dairy completed a dairy transition and farm and be eligible for their own one- 25 65 FR 80569–80570. certifying agents could verify such time transition. 26 7 U.S.C. 6509(e)(2)(A).
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During the development of this milk production after 12 months of offspring must be considered proposed rule, the exception for continuous organic management; (2) any transitioned animals if they were born transitioning dairy animals raised the offspring born during or after the 12- during or after the 12-month dairy herd question about the eligibility of those month transition period to a transition period and not fed certified animals and their offspring for transitioned animal that, during its last organic feed from the last third of certification as organic slaughter stock third of gestation, consumes crops and gestation onward. or for the purpose of organic fiber. forages in the third year of organic Third-year crops and forages are management; or (3) any offspring born For a producer and certifying agent to allowed by OFPA as feed for during the one-time transition exception determine whether offspring is eligible transitioned animals that will produce that themselves consume crops and for organic dairy, meat and/or fiber, the organic milk.27 However, these crops forages in the third year of organic length of gestation for different dairy are not yet certified organic and should management. The proposed definition animals (e.g., cows, goats, sheep) and be treated as nonorganic feeds when specifies that such animals must not be feed source must be considered. For determining if an animal has been sold, labeled, or represented as organic offspring to be certified organic for meat raised organically since the last third of slaughter stock or for the purpose of and fiber, it must be under continuous gestation. organic fiber.28 The current regulations organic management, including Therefore, to clarify the status of already require that slaughter stock and receiving certified organic feed, from the offspring born during and just after the livestock, with the exception of poultry last third of gestation (7 CFR transition period and whether they and certain dairy animals, be under 205.236(a)). This requirement is would be eligible for certification as continuous organic management since reiterated through proposed section organic slaughter stock or for organic the last third of gestation (7 CFR 205.236(a)(2)(v). A practical summary of fiber, AMS is proposing to add a 205.236(a)). This proposed rule does not how certifying agents and producers definition for a transitioned animal at change, but rather reiterates how that would apply the proposed amendments section 205.2. Transitioned animal requirement applies to animals that about the status of offspring at sections would be defined as: (1) Any dairy were part of a dairy transition. This term 205.236(a)(2)(iv)–(v) is shown in animal that transitioned during the one- is used in proposed section Table 1. time transition exception to organic 205.236(a)(2)(iv) which specifies that
TABLE 1—STATUS OF OFFSPRING PART OF A DAIRY TRANSITION
Could it be certified Could it be certified Type of feed consumed by offspring during transition or during its last third Is it considered a to produce organic to produce organic of gestation transitioned animal? milk? meat or fiber?
Third year transitional crops ...... Yes ...... Yes ...... No. Certified organic crops ...... No ...... Yes ...... Yes.
Proposed section 205.236(a)(2)(vi) one-time transition period, then the organic dairy farm as long as the animal would require that all dairy animals for producer could (1) source organic dairy is under continuous organic a given producer end the transition at animals, or (2) source nonorganic management at all times on a certified the same time. AMS considered animals and extend the transition organic dairy farm. Movement of allowing dairy animals to have period for all animals undergoing transitioned animals to other certified staggered transition periods, but chose transition such that they end their organic dairies would not affect the not to allow that option as it could transition together after 12-months of status of the animals to produce organic complicate the transition process. As a organic management. milk. Based on some stakeholder practical matter, a staggered transition Proposed section 205.236(a)(2)(vii) comments, AMS considered limiting would create more difficulty in animal would specify that dairy animals that transitioned animals to produce organic management for the producer since completed the 12-month transition are milk only on the dairy farm upon which animal transitions would start and end transitioned animals as defined under they were transitioned. However, AMS at different times. Furthermore, it would section 205.2. In practical terms, this believes that some movement or inter- require more advanced records would mean that these dairy animals farm sales of transitioned animals is management creating a greater burden can produce organic milk, but are not reasonable and expected. For example, on the producer, more difficulty in eligible for certification as organic if an existing organic dairy producer overseeing the process, and increased slaughter stock or for the purpose of purchased an adjoining organic farm, it room for error or potential violation. If organic fiber. This is consistent with the may be necessary for that farmer’s a producer wants to bring in additional existing requirement at section transitioned animals to leave their animals after the producer completes its 205.236(a) that, with the exception of original premises of transition to take transition, then the producer may use poultry and dairy, livestock products advantage of the new adjoining breeder stock or source organic dairy must be from animals that are under pastureland. Similarly, if an organic animals (either last third gestation continuous organic management since dairy producer wanted to move his/her animals or transitioned animals from a the last third of gestation. operation to an updated organic facility certified organic dairy farm that already Proposed section 205.236(a)(2)(viii) on another property, it would create an completed its transition). If a producer would specify that, after the 12 month excessive burden if transitioned animals decides to increase the number of transition period, transitioned animals were not permitted to move to the new animals undergoing transition during a may produce organic milk on any facility. This provision will also allow
27 7 U.S.C. 6509(e)(2)(B). 28 Organic slaughter stock is defined in the slaughtered for consumption by humans or other regulations as any animal intended to be animals (7 CFR 205.2).
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the transitioned dairy animals to operations identify whether dairy Producers who are certified as of the continue producing organic milk if there animals are organically managed from effective date for any final action would is a change in ownership to a different the last third of gestation and, thus, be allowed to complete any transition producer, provided the dairy animals potentially eligible for certification as that was already approved under their are under continuous organic organic slaughter stock, or transitioned organic system plan by a certifying management throughout this time. into organic production, and, thus, not agent. However, as of the effective date, AMS is also proposing new section eligible as organic slaughter stock producers who are certified would be 205.236(ix) to specify that, after the 12- (section 205.236(b)(2) and (c)). The required to source or raise any new month period ends, any new dairy primary new responsibility for animals from last third of gestation or animal brought onto a producer’s dairy certifying agents will be establishing source animals already transitioned farm(s) must be an animal under and implementing a procedure for under another producer’s one-time continuous organic management from determining whether a producer is exception. As of the effective date, the last third of gestation or a eligible for a one-time transition. AMS producers who are new applicants for transitioned animal sourced from a is seeking comments from certifying organic certification (i.e., startup organic certified organic dairy farm. This agents on how these responsibilities are dairies or nonorganic dairies provision would ensure that, after a best implemented given the proposed transitioning to organic production) producer completes one transition on a action. would be allowed to use the transition dairy farm, that producer would not be In addition, organic livestock exception once when first applying for allowed to themselves transition producers are already required to organic certification. additional dairy animals into organic maintain records that fully disclose all Under the current regulations at production on any dairy farm. This activities and transactions of the section 205.672, organic dairy animals requirement supports the NOSB’s intent certified operation in sufficient detail as can return to organic milk production if that transition should be a one-time to be readily understood and audited (7 a Federal or state emergency pest or event for producers to transition to CFR 205.103(b)(2)). Under existing disease treatment program requires use organic dairy and is intended to create regulation, section 205.236(c), organic of a prohibited substance. This one standard that would be equally producers must already maintain allowance for re-transition is applied to all dairy operations once they records sufficient to preserve the independent of the transition exception have transitioned to certified organic identity of all organically managed being proposed here. A dairy farm, that production. animals. Examples of records to verify had not used its one-time exception to compliance with the origin of livestock Implementation Considerations transition based on section 205.236, requirements include livestock purchase would retain that one-time exception to Certifying agents would have certain records, organic certificates for livestock transition even if the farm used the responsibilities under this proposed purchased as organic, animal section 205.672 allowance to re- rule. Certifying agents would need to: reproduction: breeding, birth and/or • transition after an emergency pest or Establish and maintain procedures hatch records, and herd conversion/ disease treatment. for determining whether or not a organic management records.29 Under Under the current regulations at producer (e.g. a new applicant for this proposed rule, organic dairy section 205.290, organic producers, certification) is eligible to transition producers would need to maintain the through their certifying agent, can dairy animals into organic production same records. There are no new records request a temporary variance from the and for determining whether offspring that would be required under this livestock practice standards for reasons that are part of a transition are eligible proposal. In accordance with Office of such as natural disasters, severe weather to produce organic milk, meat or fiber; Management and Budget (OMB) • and other business interruptions. The Ensure that certified organic dairy regulations (5 CFR part 1320) that NOP Instruction on Processing Requests producers maintain sufficient records (7 implement the Paperwork Reduction for Temporary Variances (NOP 2606) 30 CFR 205.103) to identify all organically Act (44 U.S.C. 3501–3520) (PRA), the clarifies the policy that variances will managed animals, including whether information collection requirements not be granted for feeding non-organic they are transitioned animals and, thus, associated with the NOP, including the feed to livestock. not eligible for certification as organic recordkeeping and reporting slaughter stock (7 CFR 205.236(b)(2) and requirements related to origin of B. Breeder Stock 205.236(c)); livestock, have been previously • Under this proposal, AMS would Hire and/or train sufficient, approved by OMB and assigned OMB restructure section 205.236(a)(3) to qualified staff (7 CFR 205.501(a)(4)) to control number 0581–0191. reiterate that breeder stock may be examine production and certification AMS also recognizes that some brought from a nonorganic operation history of certified organic dairy producers and certifying agents will onto an organic operation at any time producers or applicants for certification need time to implement any regulatory and to further clarify how breeder stock which involve the transition of dairy changes. Over the last several years, the should be managed for the purpose of animals from conventional to organic NOSB and stakeholders have been producing organic offspring. production; and engaged in extensive discussion about • Consistent with an April 2003 NOSB Maintain records of applications for how organic dairies would need to recommendation on breeder stock, AMS certification or certified operations, change their practices as a result of any considered amending the regulations at including records pertaining to the modification to the current USDA existing section 205.236(a)(3) to require origin of all livestock, for at least 10 organic regulations. AMS is considering that breeder stock that was brought onto years from the date of their creation, and seeking public comment on the an organic farm, but subsequently was pursuant to section 205.510(b)(2). following implementation proposal: removed from organic management, be Certifying agents already address prohibited from returning as breeder many of these responsibilities through 29 National Organic Program. March 2011. the current regulations. For example, Organic Livestock Plan Template, Origin of Livestock: L2-page 1. Available online at: http:// 30 NOP 2606. July 22, 2011. Available online at: certifying agents should have www.ams.usda.gov/AMSv1.0/ http://www.ams.usda.gov/AMSv1.0/ procedures in place to ensure that getfile?dDocName=STELPRDC5091032. getfile?dDocName=STELPRDC5087115.
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stock for the purpose of organic chooses. If a producer is managing the addition of ‘‘non-edible’’ to this production. The NOSB recommendation nonorganic breeder stock on its organic provision to specify that non-edible suggests that allowing breeder stock to operation, the current regulations animal products, such as animal fiber, return to organic management after a already require that they implement are also subject to this provision. period of nonorganic management does practices to prevent contact of organic Section 205.236(b)(2) is proposed to be not align with a regulatory provision animals with prohibited substances amended to specify that transitioned that prohibits livestock removed from (e.g., from certain fly tags that might be animals must not be sold, labeled, or an organic operation and subsequently used with nonorganic breeder stock) (7 represented as organic slaughter stock. managed on a nonorganic operation to CFR 205.201(a)(5)). This change is needed for consistency be sold, labeled, or represented as AMS is proposing a provision related with the proposed definition for organically produced (7 CFR to organic management of breeder stock transitioned animal and the proposed 205.236(b)).31 only when the breeder stock is directly provisions for dairy transition. However, OFPA states that breeder contributing to the nourishment of We are also proposing a change to stock may be purchased from any source organic offspring, from the last third of section 205.236(c) to reiterate that (7 U.S.C. 6509(b)); there is no gestation through the end of the nursing producers are responsible for requirement in OFPA that the source be period. Under proposed section maintaining records that show whether 205.236(a)(3)(ii), such breeder stock organic. Further, while the current a dairy animal is a transitioned animal would need to be managed organically regulations at section 205.236(b)(1) and, therefore, not eligible for throughout the last third of gestation prohibit livestock from being removed certification as organic slaughter stock and the lactation period during which and subsequently managed on a or for the purpose of organic fiber. time they may nurse their own nonorganic operation (i.e., cycling in Producers should already be tracking offspring. Allowing organic calves to and out of organic production), this whether an animal is eligible for organic nurse on nonorganic breeder stock as provision does not extend to nonorganic slaughter or fiber given the last third of long as they are all under organic breeder stock that are themselves not gestation requirement. Table 2 provides management supports the natural certified organic or eligible for an overview of all the proposed behavior of the animals (7 CFR slaughter, sale, and labeling as organic 205.239(a)). Breeder stock may not be amendments. (7 CFR 205.236(b)(2)). Therefore, AMS used as nurse cows on dairy farms to be D. Other Amendments Considered does not believe that restrictions on how a source of milk for other organic calves, nonorganic breeder stock are managed though inadvertent suckling by non- AMS recently received requests from outside of the last third of gestation offspring would not cause loss of stakeholders to consider providing an through weaning of organic offspring are organic status to the calves. exception to transition fiber producing warranted. animals to organic fiber production, just At proposed sections 205.236(a)(3) C. Additional Clarifications as dairy animals can be transitioned to and 205.236(a)(3)(i), AMS is reiterating In conjunction with the proposed organic milk production. OFPA that breeder stock may be brought from amendments discussed above, AMS is authorizes a transition for dairy animals a nonorganic operation onto an organic proposing additional amendments to entering organic milk production. As operation at any time as long as such provide greater clarity on the such, AMS is not proposing a transition breeder stock are on the organic restrictions at sections 205.236(b)(1) and for fiber under this proposed rule. In operation no later than the last third of 205.236(b)(2). Section 205.236(b)(1) practical terms, this means that gestation. In practical terms, this means states that livestock or edible livestock producers can transition sheep from that between the end of nursing its products that are removed from an conventional milk production to organic organic offspring and the beginning of organic operation and subsequently milk production, but would need to the last third of gestation for the next managed on a nonorganic operation may source animals organically managed organic offspring, nonorganic breeder not be sold, labeled, or represented as since the last third of gestation in order stock may be managed as the producer organically produced. We are proposing to produce organic wool.
TABLE 2—PROPOSED ACTION—ORIGIN OF LIVESTOCK
Section title Current wording Type of action Proposed action
205.2 ...... N/A ...... New terms added ...... Dairy Farm, Organic Manage- ment, Third-Year Transitional Crop, Transitional Crop, Transitioned animal. 205.236(a) ...... Livestock products that are to be No Change ...... N/A—Included for Completeness. sold, labeled, or represented as organic must be from livestock under continuous organic man- agement from the last third of gestation or hatching: Except, That: 205.236(a)(1) ...... Poultry. Poultry or edible poultry No Change ...... N/A—Included for Completeness. products must be from poultry that has been under continuous organic management beginning no later than the second day of life;
31 National Organic Standards Board Clarification of Rule. Available online at: http:// www.ams.usda.gov/AMSv1.0/ Recommendation May 2003 on Breeder Stock: getfile?dDocName=STELDEV3104547.
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TABLE 2—PROPOSED ACTION—ORIGIN OF LIVESTOCK—Continued
Section title Current wording Type of action Proposed action
205.236(a)(2) ...... Dairy animals. Milk or milk prod- Revision ...... Dairy animals. A producer as de- ucts must be from animals that fined in § 205.2 may transition have been under continuous or- dairy animals into organic pro- ganic management beginning duction only once. A producer is no later than 1 year prior to the eligible for this transition only if production of the milk or milk the producer starts a new or- products that are to be sold, la- ganic dairy farm or converts an beled, or represented as or- existing nonorganic dairy farm ganic, Except, to organic production. A pro- ducer must not transition any new animals into organic pro- duction after completion of this one-time transition. This transi- tion must occur over a contin- uous 12-month period prior to production of milk or milk prod- ucts that are to be sold, labeled, or represented as organic, and meet the following conditions: 205.236(a)(2)(i) ...... That, crops and forage from land, Revision ...... During the 12-month period, dairy included in the organic system animals must be under contin- plan of a dairy farm, that is in uous organic management; the third year of organic man- agement may be consumed by the dairy animals of the farm during the 12-month period im- mediately prior to the sale of or- ganic milk and milk products; and 205.236(a)(2)(ii) ...... That, when an entire, distinct herd Revision ...... During the 12-month period, the is converted to organic produc- producer should describe the tion, the producer may, pro- transition as part of its organic vided no milk produced under system plan and submit this as this subparagraph enters the part of an application for certifi- stream of commerce labeled as cation to a certifying agent, as organic after June 9, 2007: (a) required in § 205.401; For the first 9 months of the year, provide a minimum of 80- percent feed that is either or- ganic or raised from the land in- cluded in the organic system plan and managed in compli- ance with organic crop require- ments; and (b) Provide feed in compliance with § 205.237 for the final 3 months. 205.236(a)(2)(iii) ...... Once an entire, distinct herd has Revision ...... During the 12-month period, dairy been converted to organic pro- animals and their offspring may duction, all dairy animals shall consume third year transitional be under organic management crops; from the last third of gestation. 205.236(a)(2)(iv) ...... N/A ...... New section added ...... Offspring born during or after the 12-month period are transitioned animals if they con- sume third-year transitional crops during the transition or if the mother consumes third year transitional crops during the off- spring’s last third of gestation; 205.236(a)(2)(v) ...... N/A ...... New section added ...... Offspring born from transitioning dairy animals are organic if they are under continuous organic management and if only cer- tified organic crops and forages are used from their last third of gestation; 205.236(a)(2)(vi) ...... N/A ...... New section added ...... All dairy animals must end the transition at the same time;
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TABLE 2—PROPOSED ACTION—ORIGIN OF LIVESTOCK—Continued
Section title Current wording Type of action Proposed action
205.236(a)(2)(vii) ...... N/A ...... New section added ...... Dairy animals that complete the transition are transitioned ani- mals and must not be used for organic livestock products other than organic milk; 205.236(a)(2)(viii) ...... N/A ...... New section added ...... After the 12-month period ends, transitioned animals may produce organic milk on any or- ganic dairy farm as long as the animal is under continuous or- ganic management at all times on a certified organic operation; and 205.236(a)(2)(ix) ...... N/A ...... New section added ...... After the 12-month period ends, any new dairy animal brought onto a producer’s dairy farm(s) for organic milk production must be an animal under continuous organic management from the last third of gestation or a transitioned animal sourced from another certified organic dairy farm. 205.236(a)(3) ...... Breeder stock. Livestock used as Revision ...... Breeder stock. Livestock used as breeder stock may be brought breeder stock may be brought from a nonorganic operations from a nonorganic operation onto an organic operation at onto an organic operation at any time: Provided, that, if such any time, Provided, That the fol- livestock are gestating and the lowing conditions are met: offspring are to be raised as or- ganic livestock, the breeder stock must be brought onto the facility no later than the last third of gestation. 205.236(a)(3)(i) ...... N/A ...... New section added ...... Such breeder stock must be brought onto the operation no later than the last third of gesta- tion if its offspring are to be raised as organic livestock; and 205.236(a)(3)(ii) ...... N/A ...... New section added ...... Such breeder stock must be man- aged organically throughout the last third of gestation and the lactation period during which time they may nurse their own offspring. 205.236(b) ...... The following are prohibited: No Change ...... N/A—Included for Completeness. 205.236(b)(1) ...... Livestock or edible livestock prod- Revision ...... Livestock, edible livestock prod- ucts that are removed from an ucts, or nonedible livestock organic operation and subse- products such as animal fiber quently managed on a non- that are removed from an or- organic operation may not be ganic operation and subse- sold, labeled or represented as quently managed on a non- organically produced. organic operation may not be sold, labeled, or represented as organically produced. 205.236(b)(2) ...... Breeder or dairy stock that has Revision ...... Breeder stock, dairy stock, or not been under continuous or- transitioned animals that have ganic management since the not been under continuous or- last third of gestation may not ganic management since the be sold, labeled, or represented last third of gestation may not as organic slaughter stock. be sold, labeled, or represented as organic slaughter stock. 205.236(c) ...... The producer of an organic live- Revision ...... The producer of an organic live- stock operation must maintain stock operation must maintain records sufficient to preserve records sufficient to preserve the identity of all organically the identity of all organically managed animals and edible managed animals, including and nonedible animal products whether they are transitioned produced on the operation. animals, and edible and non- edible animal products pro- duced on the operation.
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IV. Related Documents has been reviewed by the Office of stakeholders. Setting an enforceable Management and Budget (OMB). practice standard would ensure Documents related to this proposed Need for the Rule consistency across the industry. Because rule include the Organic Foods organic products cannot be Production Act of 1990, as amended, (7 This action is necessary to create distinguished from nonorganic products U.S.C. 6501–6522) and its implementing greater consistency in the based on sight inspection, consumers regulations (7 CFR part 205). The NOSB implementation of a standard for the rely on process verification methods deliberated and made the transition of dairy animals into organic such as certification to a uniform recommendations described in this production and for the management of standard to ensure that organic claims proposal at public meetings announced breeder stock. AMS has determined that are true. For this reason, organic in the following Federal Register the current regulations regarding the products have been described as Notices: (1) 67 FR 19375, (May 7, 2002); transition of dairy animals and the ‘‘credence goods’’ in the economics (2) 67 FR 54784, (September 17, 2002); management of breeder stock on organic literature.34 35 Credence goods have (3) 67 FR 62949, (October 19, 2002); and operations need additional specificity properties that are difficult to verify, (4) 68 FR 23277, (May 13, 2003). AMS and clarity to improve AMS’ ability to both before and after purchase. Organic also considered NOSB efficiently administer the NOP. A stated dairy products are an example of a recommendations from June 2, 1994, purpose of the OFPA is to assure ‘‘credence good’’ for which consistent and March 20, 1998, in the development consumers that organically produced implementation of a common of this proposed rule. NOSB meetings products meet a consistent and uniform production standard across the sector are open to the public and allow for standard (7 U.S.C. 6501). This action is supports continued consumer public participation. being taken to facilitate and improve compliance and enforcement and to confidence. This action would help AMS published a series of proposed maintain consumer trust in the organic rules that addressed, in part, the origin satisfy consumer expectations that organic livestock meet a consistent and seal. ‘‘Customers’’ includes both of livestock provisions at: (1) 62 FR consumers purchasing organic milk, 65850, (December 16, 1997); (2) 65 FR uniform standard, regardless of how a producer transitioned into organic yogurt, butter, ice-cream, and cheese at 13512, (March 13, 2000); and (3) 71 FR retail markets and organic livestock 24820, (April 27, 2006). Past final rules production. In a 2006 final rule related to this producers purchasing organic dairy relevant to this topic were published at: animals for their own operations. (1) 65 FR 80548, (December 21, 2000); issue, AMS acknowledged that the and 71 FR 32803, (June 7, 2006). regulations provide different allowances While a dairy transition is permitted for replacing organic dairy animals by the OFPA, this proposed rule would V. Statutory and Regulatory Authority dependent on how a producer limit dairy animal transition. As transitioned to organic production.32 discussed, AMS received extensive The Organic Foods Production Act of AMS further stated that, given the comments in 2006 on the issue of dairy 1990, as amended, authorizes AMS to almost 13,000 comments on the 2006 transition. Commenters stated that administer the NOP (7 U.S.C. 6501– proposed rule, the issue remained a consumers expect that organic milk is 6502). Under the NOP, AMS oversees significant concern of the organic produced without the use of excluded national standards for the production community, including organic dairy methods and substances prohibited and handling of organically produced producers, certifying agents, trade under the regulations such as hormones, agricultural products. One of the organizations, and consumers. AMS antibiotics, and certain pesticides. purposes of OFPA is to assure developed this proposal in response to Market research suggests that these consumers that organically produced this stakeholder feedback. comments are indicative of a customer products meet a consistent standard (7 Further, as cited in the July 2013 OIG base who expects ‘‘organic’’ to be U.S.C. 6501(2)). Section 6509 of the 33 audit of organic milk operations, produced without the use of such OFPA also requires that livestock to be implementation of the origin of substances. In 2013, a report assessing slaughtered, sold or labeled as organic livestock requirements continues to trends in the organic market stated that be managed in accordance with the Act, differ across producers and certifying consumers identified ‘‘absence of allows for the use of breeder stock, and agents. As part of this audit, some pesticides’’, ‘‘absence of growth provides for an exception to transition certifying agents conveyed that the hormones’’, and ‘‘absence of antibiotics’’ dairy stock to organic milk production. current regulations create challenges in as properties they associate with the A. Executive Orders 12866 and 13563 implementation such that some organic term ‘‘organic’’ in 64%, 59%, and 55% dairy producers may have a competitive of the responses respectively.36 Over Executive Orders 12866 and 13563 advantage over others. Similarly, certifying agents and organic operations direct agencies to assess all costs and 34 Caswell, Julie A. and Eliza M. Mojduszka. 1996. benefits of available regulatory have recommended more detail in the ‘‘Using Informational Labeling to Influence the alternatives, and, if regulation is regulations on the management of Market for Quality in Food Products.’’ American necessary, to select regulatory breeder stock to support Journal of Agricultural Economics. Vol. 78, No. 5: approaches that maximize net benefits implementation across the organic 1248–1253. 35 Zorn, Alexander, Christian Lippert, and (including potential economic, sector. Stephan Dabbert. 2009. ‘‘Economic Concepts of environmental, public health and safety This action is also necessary to Organic Certification.’’ Deliverable 5 for Project effects, distributive impacts, and address the persistent requests to AMS CERTCOST: Economic Analysis of Certification equity). Executive Order 13563 for further developed origin of livestock Systems in Organic Food and Farming. http:// www.certcost.org/Lib/CERTCOST/Deliverable/D11_ emphasizes the importance of standards that meet the expectations of the NOSB and the majority of D5.pdf. quantifying both costs and benefits, of 36 The Hartman Group, Inc., The Organic and reducing costs, of harmonizing rules, Natural Consumer 2013: Traits and Trends. The and of promoting flexibility. This rule 32 71 FR 32804. Cultural Context Around Behavior. Of 1,569 has been designated as a ‘‘significant 33 The July 2013 Office of Inspector General (OIG) respondents responding in 2012 to the question, audit report on organic milk operations may be ‘‘From the following list, what properties do you regulatory action’’ under section 3(f) of accessed at the following Web site: http:// think are implied or suggested by the term Executive Order 12866, and, therefore, www.usda.gov/oig/webdocs/01601-0002-32.pdf. ‘‘organic’’?
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thirty percent of those surveyed for this each calendar year, every certifying organic dairy operations. AMS worked report indicated that avoidance of agent is required to submit an annual with ERS to analyze recent ARMS data prohibited substances motivated them list of their certified operations to the and develop an estimation of organic to buy organic products.37 Based on past NOP (7 CFR 205.501(a)(15)(ii)). The dairy production practices and costs for comments, stakeholders argue that NOP consolidates this information once this proposed rule. Finally, AMS used sourcing or raising animals as organic per year into a public, searchable summary information from a 2013 ERS from last third of gestation is better database.38 Another source of data is the report on organic production.42 The ERS aligned with the expectation that Organic Trade Association’s (OTA) 2014 report was based on data from state and animals producing organic milk have Organic Industry Survey. The Nutrition private certifying agents. never received prohibited substances Business Journal conducts this survey such as antibiotics or growth hormones. on behalf of OTA to summarize market The Organic Dairy Market information and trends within the Baseline organic industry across food and non- According to the 2013 Organic Trade This baseline focuses on the current food sectors.39 AMS also utilized Association (OTA) Industry Survey, market and production of heifers and information from the National U.S. organic food, fiber, and agricultural cows as the predominant portion of the Agricultural Statistics Service (NASS) product sales were over $32 billion in industry that would be affected and for 2011 Organic Production Survey.40 The 2013, up 11.4 percent from 2012.43 which data is available. The baseline NASS data includes acreage, production Organic dairy is the second largest and subsequent calculations do not and sales data for organic crops and sector in organic retail sales (15.2%), include quantitative estimates for dairy livestock. USDA’s Economic Research after fruits and vegetables (36%). Sales production related to sheep or goats. Service (ERS) also conducts the of organic dairy products, including AMS used multiple data sources to Agricultural Resource Management milk, cream, yogurt, cheese, butter, describe the baseline and build Survey (ARMS), which includes cottage cheese, sour cream, and ice- quantitative estimates for this proposed questions about organic production cream, reached almost $4.2 billion in rule. The first source is the NOP list of practices.41 In 2010, ERS conducted a 2012. Table 3 shows the organic dairy all certified operations. In January of supplemental ARMS that focused on market characteristics by subcategory.
TABLE 3—ORGANIC DAIRY MARKET—RETAIL SALES BY SUBCATEGORY
2013 Growth Percentage of Subcategory 2013 Sales (percent) organic dairy sales a
Milk/Cream ...... 2,813 7.3 62.7 Yogurt ...... 1,021 ¥0.2 22.8 Cheese ...... 331 18.9 7.4 Butter/Cottage Cheese/Sour Cream ...... 261 17.9 5.8 Ice-Cream ...... 60 19.1 1.3 a While Organic Trade Association’s 2014 Organic Industry Survey included eggs as a subcategory for its summary on organic dairy sales, we have excluded the data on eggs from this table.
While the majority of organic dairy sourcing inputs as the most difficult Overview of Organic Dairy Production products are marketed under regional or aspect of organic milk production national brands, sales of products under versus only 24% of farms in the Upper Current dairy production and private label arrangements accounted Midwest region and 19% of farms in the husbandry practices provide important for between 30–40% of the organic dairy Northeast.45 This is likely correlated context for the baseline and cost market in 2013.44 Both OTA’s 2013 and with size of operation since organic analysis. This section describes 2014 Organic Industry Surveys cite dairies in the West tend to be larger in nonorganic and organic heifer drought and feed costs as the key size and, therefore, have increased feed development and highlights how they constraints on market growth. However, demand. Certification and compliance differ. Principles of management for constraints to market growth vary were cited as the most difficult aspect other species would be similar, but the regionally and across different size of organic milk production for farms in timing will be different. For example, a operations. According to a 2009 ERS the Upper Midwest and Northeast (51% goat begins its first lactation at 1 year of report that analyzed 2005 ARMS data, and 32% respectively). age while a cow begins its first lactation 55% of farms in the West reported at 2 years of age.
37 Ibid. Of 1,036 respondents responding in 2012 information for their estimates. Over 200 organic www.ers.usda.gov/data-products/organic- to the question about the reasons why they continue firms responded to the survey. NBJ used secondary production.aspx. to purchase organic products, 38% stated to avoid data from SPINS, Nielsen, and IRI to supplement 43 OTA 2014 Organic Industry Survey. products that rely on pesticides or other chemicals, the survey and build market statistics. 44 Organic Trade Association (OTA)/Nutrition 34% stated to avoid genetically modified products, 40 The NASS survey may be found at the Business Journal, 2013 Organic Industry Survey. 34% stated to avoid products that rely on growth following link: http://usda.mannlib.cornell.edu/ Private label arrangements allow businesses to offer hormones, and 29% stated to avoid products that MannUsda/ or sell their products under another company’s rely on antibiotics. viewDocumentInfo.do?documentID=1859. brand name, often a store brand. 38 The most recent list of certified operations may 45 Economic Research Service. 2009. 41 The ERS ARMS survey information may be be found at the following link: http:// Characteristics, Costs, and Issues for Organic Dairy apps.ams.usda.gov/nop/. found at the following link: http:// Farming (pg. 33). Report by William McBride and 39 Organic Trade Association (OTA)/Nutrition www.ers.usda.gov/data-products/arms-farm- Catherine Greene. Statistics based on 2005 ARMS Business Journal, 2014 Organic Industry Survey. financial-and-crop-production-practices.aspx. data. Report available online at: http:// Nutrition Business Journal conducted a survey 42 The ERS 2013 Summary of Organic Production www.ers.usda.gov/publications/err-economic- between Jan 27, 2014 and April 5, 2014 to obtain may be found at the following link: http:// research-report/err82.aspx.
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When a heifer calf is born on a dairy example, organic producers may not use other dairies. This also excluded the farm, the producer ensures that the calf antibiotics to prevent disease. Instead, percentage of animals which died. The receives colostrum, either from a bottle organic producers must prevent the percentage of cows culled did not vary or nursing her dam. The heifer calf is animals from getting sick using other depending upon the size of the producer then separated from the dam and placed management practices such as nor did it vary depending upon the in group, pair, or single housing. Some vaccinations. However, if an animal region of the U.S. in which the dairy larger dairy producers contract with does get sick, organic producers are was located. Most dairy cows were heifer development farms to raise required to use medication to restore the removed for udder problems or replacement heifers. These heifer animal to health even if the animal loses reproductive problems, followed by development farms pick up the heifer organic status. Once the animal loses lameness or poor milking ability. calves and raise them at another organic status, the animal could return Overall, mortality rates were 7.8% for location until they are within a month to organic milk production only as part un-weaned heifers, 1.8% for weaned or two of their first lactation. Heifer of a one-time transition with another heifers, and 5.7% for cows. calves are raised on a diet of milk producer. replacer or liquid milk with free choice Organic producers also may not use From this information, an average roughages and grains. Once the calves hormonal methods to synchronize dairy farm would sell 23.6% of its have learned how to eat grains and estrus. Nonorganic producers may use milking cattle and would lose 5.7% of roughages, the calves are weaned from hormonal products to both initiate its milking cattle to death. This would the milk. estrus and synchronize estrus among the require that the average dairy farm in After weaning, the heifers are heifers to aid in conception. Certain the U.S. be able to raise or purchase developed to grow at a moderate pace synchronization protocols allow for a females that represent about 30% of the until they are ready to be bred. During timed breeding method that does not farm’s herd size just to maintain current this time, the heifers may be raised on require observation of a standing heat to size. Based on this average national pasture, fed a complete ration or a identify estrus. need for replacements, the overall U.S. mixture of both. Once the heifers are Dairy farms and heifer development dairy herd (both nonorganic and about 14 or 15 months of age, they are farms which produce transitioned dairy organic) would have excess replacement bred, gestate for about 9 months, and animals are able to raise the heifer females available for development. At calve around 2 years of age. Usually calves nonorganically until 12 months this rate, the organic milking herd once the heifers are bred or ‘‘settled,’’ before organic milk production begins. should be able to be maintained by last they will be fed a diet which allows The pre-weaning phase of life is the third gestation replacement females. In them to slowly grow in terms of frame time in which heifer calf mortality is the addition, the organic milking herd size and body weight. As the heifer highest and the diet is the most should also provide a sufficient quantity approaches her due date, she is termed expensive on a per calorie basis. of females if market conditions lead to a ‘‘springer’’ or is described as Nonorganic practices to reduce an expansion of the number of organic ‘‘freshening.’’ After she calves, she mortality and expense during this pre- dairy animals. begins lactating, is moved to the milking weaning phase include the use of milk herd and called a ‘‘first calf heifer.’’ replacer and, at times, antibiotics. By Specific to organic production, the Organic producers follow similar the time the dairy heifer reaches one U.S. had approximately 1,850 organic timelines, but use some different year of age, most health threats are past dairy farms that milked 200,000 cows in practices. Organic producers must and the animal is consuming a less 2011.47 Of these farms, 1,823 farms were provide a feed ration comprised of expensive diet. producing organic milk from dairy cows certified organic agricultural feedstuffs. AMS is not aware of any national and 19 farms were producing organic At this point in time, AMS is not aware survey that compares the culling rate of milk from goats. The number of certified of any certified organic milk replacer organic dairy animals with nonorganic organic sheep, buffalo, and bison dairy produced in the US. As a result, dairy animals. In 2007, the USDA operations for that period is not known. organically raised dairy calves must be Animal and Plant Health Inspection This proposed action would apply to fed organic milk. This makes the Service (APHIS) conducted the National any animals (e.g., heifers/cows, goats, practice of sending young calves to Animal Health Monitoring System sheep) that produce milk for an organic heifer development farms less feasible (NAHMS) survey for dairy animals; a operation. The baseline discussion and for organic producers as these heifer follow-up is planned for 2014.46 In this the following cost analysis focus on development farms may not have access survey of dairy animals, the national heifers and cows as the predominant to certified organic milk. In addition, rate of permanently removing a dairy portion of the industry affected by this organic regulations require that all animal from a farm was 23.6 percent. proposed action and due to the limited organically managed ruminants receive However, this included animals that data available on other types of dairy 30% of their dry matter intake from were sold as replacement females to animals. pasture during the grazing season, Based on the NASS survey, Table 4 46 USDA APHIS. NAHMS Dairy 2007 Part I: though dairy calves under 6 months of shows that the highest concentration of age are excluded from this provision. By Reference of Dairy Cattle Health and Management Practices in the United States, 2007. This survey organic dairy farms is in the Northeast the age of 6 months, dairy calves must included both nonorganic and organic dairy and Upper Midwest. be on pasture during the grazing season. animals. Available online at: http:// Nonorganic calves do not have a pasture www.aphis.usda.gov/wps/portal/banner/ help?1dmy&urile=wcm%3apath%3a%2Faphis_ 47 USDA NASS. 2011. Census of Agriculture— requirement. content_library%2Fsa_our_focus%2Fsa_animal_ Organic Production Survey. Available online at: Organic producers must also follow health%2Fsa_monitoring_and_surveillance%2Fsa_ http://usda.mannlib.cornell.edu/MannUsda/ certain health care practices. For nahms%2Fct_nahms_dairy_studies#dairy2014. viewDocumentInfo.do?documentID=1859.
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TABLE 4—TOP STATES WITH ORGANIC DAIRY FARMS COMPARED TO PRODUCTION
Number of Percent of Milk Percent of organic dairy U.S. of organic production U.S. milk farms dairy farms (pounds) production
United States ...... 1,823 ...... 2,797,845,926 ...... Wisconsin ...... 397 21.7 313,991,661 11.2 Pennsylvania ...... 236 12.9 148,704,869 5.3 New York ...... 235 12.9 218,597,110 7.8 Vermont ...... 180 9.9 149,649,913 5.3 Texas ...... 8 0.4 423,558,952 15.1 California ...... 72 3.9 469,148,296 16.8
The four states with the largest organic heifers and transitioning heifers opposed to transitioning new number of certified organic dairy farms entering organic production that is nonorganic animals into organic (Wisconsin, Pennsylvania, New York, dependent on the producer’s current production. Based on discussions with and Vermont) account for 57 percent of transition approach. Of the farms the industry, AMS assumes that, the total farms. However, those states responding to the ARMS, 7.3 percent qualitatively, the vast majority of represent less than 30 percent of reported purchasing dairy cows and 5.3 replacement heifers purchased is national organic milk production. By percent reported buying replacement managed organically from the last third contrast, the West and Southwest heifers. Farms that purchased milk cows of gestation and, therefore, would not account for the highest milk production purchased an average of 8 cows per farm need to change practices due to this per farm. The two highest-producing and those that purchased heifers bought proposed action. We seek comment on states (California and Texas) represented an average of 15 head. this assumption and data on current only 4.3 percent of total certified Overall, in 2010, organic dairy farms industry practice to help refine our organic dairy farms, while producing added 58,500 cows and heifers to their estimates. 31.9 percent of the total organic milk operations, with 95.7 percent of those As discussed in the BACKGROUND nationally. According to 2010 ARMS born on the operation. The remainder of section, under the current baseline, we data, the mean size of an organic dairy animals came from off farm sources and know that producers differ in their farm nationally was 77 cows. In the included milk cows, 1,100 head (1.8 Northeast and the Upper Midwest, the percent), and heifers, 1,425 head (2.5 transition strategies dependent on how mean number of organic cows per farm percent). the term ‘‘herd’’ in the regulations is interpreted and applied. The difference was 64. In the West, the mean number Most organic dairies (91 percent) of organic cows per farm was 288. Both reported selling cull cows. Some dairy in transition approach across producers ARMS and NASS surveys demonstrate farms also reported selling milk cows is, as previously discussed, due to both similar distributions of both farms and and replacement heifers. Of the farms a lack of definition for what a ‘‘herd’’ is milk production. The 2010 ARMS data responding to the ARMS, 17.0 percent and different interpretations of when also shows that organic dairies averaged reported selling milk cows and 17.0 the transition of a herd into organic about 13,900 pounds of milk annually percent reported selling replacement production should be considered per cow, or a daily average of 46 pounds heifers. Farms that sold milk cows sold completed. Within the existing industry, of milk per cow (assuming a 300-day an average of 14 cows per farm and there are some organic producers who lactation period). those that sold replacement heifers sold transitioned a single ‘‘herd’’ of animals According to 2010 ARMS data, nearly an average of 11 head. Overall, dairies into organic production, consider their 99 percent of the dairies responding to sold 4,400 milk cows and 3,500 transition complete, and only source the organic dairy survey reported using replacement heifers. Farms could have animals that are managed organically replacement heifers that were born on sold these animals into the nonorganic from the last third of gestation. There the farm, with 96.5 percent reporting or organic market. are other organic producers who that the heifers were both born and Information on how many of transitioned their operation to organic, raised on their operation. For the only replacement heifers bought were but continue to expand their operation 3.5 percent of dairies that did not raise transitioned heifers and how many were by bringing nonorganic animals into their replacement heifers on their managed organically from the last third organic production as additional operation, they presumably hired heifer of gestation is not available, and, ‘‘herds’’. In some cases, these operations development farms to raise the heifers therefore, AMS is not able to quantify have multiple fields on a given location prior to rejoining the herd. Of the farms the baseline. Certifying agents do not or multiple locations under their reporting using replacement heifers maintain aggregated data on what business and, therefore, consider the born on the farm, the average number of transition approach producers are herd in a given field or location as replacement heifers sourced by this currently implementing. Therefore, we distinct for the purpose of their method was 31 head per farm. These do not have data on how many transition approach. For producers heifers, born in 2010, would have been producers are bringing heifers into using this kind of multi-herd approach added to the milking herd in 2012. organic production as nonorganic for their operation, the proposed action Some dairy operations also bought animals and transitioning them into would require them to source organic replacement heifers. It is unknown organic versus sourcing and managing animals or previously transitioned whether these replacement heifers were animals as organic from the last third of animals across all of their herds, certified organic when purchased or gestation. However, the two largest regardless of location or multi-herd were nonorganic animals then producers of branded organic fluid milk management strategy. This will, in turn, transitioned into organic production. both require their supplying dairies to increase their costs as discussed in the We would expect a mixture of certified supply milk from organic cows, as cost analysis that follows.
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Alternatives Considered A) revising the standard to allow dairy farm has a one-time exception producers to transition dairy animals over a 12-month period to transition As required by E.O. 12866, various into organic production over a 12-month dairy animals into organic production. alternatives were considered to achieve period on a continuous basis; and These options are shown in Table 5 the objectives of this rule. The (Option B) revising the standard to below. alternatives considered include: (Option clearly convey that a producer with a
TABLE 5—ALTERNATIVES CONSIDERED
Alternative Description
Option A—Continuous Transition ...... Revise standard to allow a producer to transition dairy animals into organic production over a 12- month period on a continuous basis. Option B—Use ‘‘Dairy Farm’’ as Unit of Revise standard to tie the one-time transition exception to a given dairy farm (premises) over a 12- Regulation. month period. Option C—Proposed Rule ...... Revise standard to tie the one-time transition exception to a given producer with a dairy farm over a 12-month period.
As discussed, maintaining the status suggested this approach. Further, in the BACKGROUND section, this quo (i.e., the baseline unit of regulation assessing the baseline, this approach proposal was drafted to create greater as a ‘‘herd’’) does not further our would increase the number of consistency in the implementation of objective to provide additional guidance nonorganic animals transitioned into the transition mechanism so that it is to the organic dairy industry and, organic production. If the demand shifts not used as a continual means of therefore, was not considered as a viable to nonorganic animals for transition into producing organic milk without alternative. Since 2006, vast stakeholder organic production, this would reduce purchasing organic stock once a comments have requested that AMS the current demand, and, thus, value of producer has converted to organic engage in rulemaking to support greater organic heifers. Further, because production. Furthermore, AMS could consistency in the application of the consumers expect milk to be produced not identify how a producer and a origin of livestock requirements across without the use of certain inputs that certifying agent could verify that a certifying agents and operations. In can be used in nonorganic animals (e.g., transition had not already occurred on addition to stakeholder comments, the antibiotics), this approach could have a given dairy farm. This would be OIG identified this issue in its July 2013 unknown, but likely negative, impacts especially difficult as time went on and audit of organic milk operations and on consumer confidence in the growing a dairy farm may have changed recommended that AMS undertaking organic dairy sector. ownership multiple times. rulemaking. Option B Option C Option A The second alternative considered The third alternative considered, and The first alternative considered (Option B) would amend the regulations selected for this proposed action, would (Option A) would amend the regulations to specify that a dairy farm, as defined provide a limited exception (i.e., a one- to specify that a producer could by the regulation, could transition dairy time opportunity for producers) to transition dairy animals into organic animals into organic production one- transition dairy animals into organic production over a 12-month period on time over a 12-month period. This production that aligns with both OFPA a continuous basis. Under OFPA, a would mean that a transition could and the NOSB recommendations. While dairy animal from which milk or milk occur only once on a given premises. the NOSB recommendations do not products will be sold or labeled as Under this alternative, a producer could provide the level of specificity needed organically produced must be raised in transition dairy animals on multiple to implement this approach, the intent accordance with OFPA for not less than dairy farms over time as long as animals of the NOSB is to require that, once an the 12-month period immediately prior had not been previously transitioned on operation is certified organic, any new to the sale of such milk and milk a given premises. For example, if dairy animals added to that operation should products (7 U.S.C. 6509(e)(2)(A)). AMS farm location X, Y, and Z had never had be organically managed since last third could allow transition of any dairy animals transitioned to organic on their of gestation. This proposed rule would animal into organic production, without respective premises, then producer A address the NOSB recommendation, further limitation, as long as it is could conduct transition on each adding specificity to ensure successful organically managed for a 12-month location (X, Y, and Z) once. If producer implementation of a uniform and period prior to the sale of organic milk B then purchased these dairy farms from consistent standard. AMS considered or milk products. In effect, this would producer A, producer B could not many options for how to best mean that a producer could complete a transition on these premises operationalize a one-time exception to continuously transition conventional because the location had already transition dairy animals into organic dairy animals into organic production experienced a one-time transition to production. These options include on an ongoing basis, as opposed to organic. linking the one-time exception to a allowing a producer to transition We did not choose this alternative dairy farm, an operation, persons animals into organic production once. because it would only meet the intent of responsibly connected, and the current While this alternative could achieve this regulatory action in a limited way. unit of regulation, a herd. For the the regulatory objective by setting a While it would reduce the number of reasons previously discussed in the consistent and uniform standard across transitions over time, it would allow a OVERVIEW OF PROPOSED the organic dairy industry, numerous given producer, with a single organic AMENDMENTS section, AMS is NOSB recommendations and certificate, to transition dairy animals proposing to link the transition stakeholder comments have not on multiple dairy farms. As discussed in exception to a producer.
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Based on NOSB recommendations Using data by organic operation differs demand.49 In addition, the ARMS shows and almost 13,000 stakeholder from the proposed unit of regulation, that organic dairy farms retained 56,000 comments, this approach would retain which is by producer (i.e., a business replacement heifers while selling 32,000 the opportunity for new producers to entity). We do not have data explicitly head as cull cattle, milk cows, or transition into organic dairy production available by producer. However, we replacement heifers, indicating that and ensure that organic products meet believe that this analysis using data by there are ample supplies of replacement a consistent standard to support organic operation would be similar to heifers available. Therefore, the consumer confidence. This approach any analysis by producer because, in additional demand for organic would require a small number of dairy many cases, the operation and producer replacement heifers is not expected to farms to change their current practices are functionally one in the same. lead to an increase in the price of for sourcing dairy animals and, as a Further, while we do not have data on replacement heifers. However, to be result, would impose some limited multi-herd producers, this analysis conservative in estimating the costs. This approach is also the more assumes that costs will be equivalent on additional costs of the proposed rule, pragmatic to implement through the a per cow basis. We are seeking the analysis will assume that the certification and verification process as comment on these assumptions and any increased demand will increase the cost compared to linking the one-time data relevant to sheep and goat dairy of an organic replacement heifer by 25 transition to a dairy farm (Option B). By production. percent, or $500. linking the transition to a given Because the price of transitioned producer (Option C), a producer (e.g., an Estimated Costs for Dairies heifers is not available, the analysis will individual or a corporation) can attest to The ARMS included the total amount use the cost of conventional springers 50 a certifying agent as part of their spent on replacement heifers, but the as a substitute. Since the cost of a application for certification that they survey did not distinguish between transitioned heifer is likely to be more have not already completed a dairy organic and transitioned heifers. For than the cost of a conventional heifer, transition and certifying agents could purposes of this analysis, we will verify such attestations by checking past assume that 25% to 50 percent of all using the conventional springer price certification records associated with that purchased heifers are transitioned will generally overstate the cost of producer. heifers, or between 360 and 720 head. compliance with the proposed rule and The costs and benefits of this This is a broad estimate though we so provide an upper bound of costs approach are discussed in more detail believe that the proportion is likely incurred. below. smaller than 50% based on discussions AMS Livestock, Poultry, and Grain Market News reports on five dairy Costs of Proposed Rule with organic dairy producers. The survey results indicated that the average auction markets 51 in the U.S. Using the The proposed rule has the potential to replacement heifer cost approximately reports from the period May 6, 2013 to increase production costs on dairy $898. The University of Minnesota Farm June 5, 2013, the average auction price producers who currently purchase Financial Database (FINBIN) includes for Approved 52 springers was $1,200 transitioned dairy animals as the average replacement cost for organic per head. The difference in cost between replacements, assuming that heifers; between 2006 and 2012 the cost organic heifers and conventional heifers transitioned animals are currently being per head ranged between $1,200 and is $800 per head. As discussed, we sold at a discount to organic $1,900. Extension officials at the assume that the cost of transitioned replacement animals. Organic dairy University of Vermont estimated that heifer is, at a minimum, equivalent to a farmers who regularly purchase organic replacement heifers typically conventional heifer. With the assumed transitioned dairy animals as cost between $1,600 and $2,000.48 Data $500 increase in cost of organic heifers, replacements and organic operations in on the cost of transitioned heifers is not the total difference will be $1,300. The the process of expansion are likely to available. Using the upper end of these difference in cost between a transitioned face higher costs of production if this ranges ($2,000), the cost of purchasing heifer and an organic heifer is rule were finalized as proposed. The organic replacement heifers of all summarized in Table 6. cost of implementing the proposed rule weights would be $7.6 million per year. will fall primarily on organic dairies This is the total cost, not the additional 49 Conversations with Dr. Bob Parsons, Extension that currently purchase transitioned cost of purchasing organic heifers Associate Professor at University of Vermont, June heifers, although dairies currently 4, 2013; Bradley J. Heins, Assistant Professor of instead of transitioned heifers, so the Organic Dairy Production at University of purchasing organic heifers would be incremental costs will be considerably expected to pay higher prices in the Minnesota, June 5, 2013; and A. Fay Benson, Small less. These costs only reflect dairy Dairy Support, Cornell University SCNY Regional short-term due to increased competition cattle. Costs for purchasing dairy sheep Team, June 6, 2013. for these animals. Farms that sell their and goats are not included in this 50 A springer is a heifer that is 7–9 months pregnant and will begin producing milk within 2 excess organic replacement heifers may analysis. see an increase in demand for their months. AMS previously contacted several 51 heifers while farms that exclusively The markets are the Mammoth Cave Dairy state extension dairy experts who Auction, Smiths Grove, KY; Springfield Livestock raise their own organic replacement explained that supplies of organic Marketing Center, Springfield, MO; Producers heifers would not be affected by the replacement heifers and milk cows were Auction Yards, Norwood, MO; New Holland Sales Stables, New Holland, PA; and Toppenish Monthly proposed rule. in excess supply creating a soft Overall, this cost analysis uses Dairy Replacement Sale, Toppenish, WA. 52 Dairy cattle are classified into four categories: existing data on the number of 48 Conversation with Dr. Bob Parsons, Extension Supreme, Approved, Medium, and Common. The replacement animals purchased on Associate Professor at University of Vermont, June most common category of springers sold is organic operations to estimate costs. 4, 2013. Approved.
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TABLE 6—DIFFERENCE IN COST BETWEEN A TRANSITIONED HEIFER AND AN ORGANIC HEIFER
Low end of High end of range range Value used
Cost of organic replacement heifer ...... $1,200 $2,000 $2,000 Increased premium for organic heifer due to increased demand (assumed) ...... 500 Total cost of organic replacement heifer ...... 2,500
Cost of conventional heifer (used as lower bound for cost of transitioned heifer) ...... 1,000 1,435 1,200
Cost difference per heifer ...... 1,300
According to the NASS 2011 Certified purchasing organic heifers instead of replacement heifers does not increase Organic Production Survey, the U.S. transitioned heifers at a maximum of due to current market conditions, the had approximately 1,850 organic dairy $935,000 per year with the assumption estimate of the total increase in cost is farms that milked 200,000 cows. Based that 50% of replacement animals significantly less at $576,000 for the on the NASS survey results for the total purchased are transitioned dairy 50% assumption and $288,000 for the number of organic dairy operations and animals and $468,000 per year with the 25% assumption. The additional cost of ARMS data on the number of assumption that 25% of replacement purchasing organic heifers for replacement heifers purchased, we animals purchased are transitioned replacement purposes is summarized in estimate the total increase in cost of dairy animals. If the cost of organic Table 7.
TABLE 7—ADDITIONAL COST INCURRED TO PURCHASE ORGANIC HEIFERS
Total additional cost for dairy producers Price difference used 25% Assumption 50% Assumption
Low Estimate...... Uses $800 difference between conventional $288,000 ...... $576,000. and organic heifers. High Estimate ...... Uses $1,300 difference ($800 above plus $500 $468,000 ($180,000 of which is $935,000 ($359,000 of which is in assumed organic premium). an intra-industry transfer). an intra-industry transfer.
The cost difference between the low proportion of dairies that source at least The pattern is different for purchasing and high estimate ($359,000 or some of their replacement heifers from heifers. Four percent of operations with $180,000) should not be considered a their own calves also varies by size of fewer than 50 cows reported purchasing net cost, but rather an intra-industry operation. Of the largest operations in heifers, and the average number transfer. While some producers who the ARMS data, those with 200 or more purchased was 10 head. Seven percent need to purchase organic heifers will cows, 96 percent reported that at least of operations with between 50 and 99 have additional costs if there is a $500 some of their replacement heifers were cows reported purchasing heifers, and premium for these animals, this born on their operations. All operations the average number purchased was 10 premium will stay within the organic with between 100 and 199 cows head. Three percent of operations with dairy sector as a benefit to those reported that at least some of their between 100 and 199 cows reported producers supplying organic heifers. replacement heifers were born on their purchasing heifers, and the average Any intra-industry transfer is expected operations, and 99 percent of operations number purchased was 5 head. Eight to benefit small operations as such with fewer than 50 cows and those with percent of operations with 200 or more operations tend to have more flexibility between 50 and 99 cows reported that cows reported purchasing heifers, and at least some of their replacement in capacity (e.g., available pasture) to the average number purchased was 76 heifers were born on their operations. accommodate raising organic Purchases of milk cows and head. Based on a cost difference of replacement heifers for the organic replacement heifers also vary by size. $1,300 per head between transitioned market. This flexibility is less apparent Ten percent of operations with fewer replacement heifers and organic for large operations. Furthermore, the than 50 cows reported purchasing milk replacement heifers, and assuming that actual costs of this action may be cows, and the average number half of replacement heifers currently considerably less than the low estimate. purchased was 6 head. Five percent of purchased are transitioned, dairies with This analysis is based on a conservative operations with between 50 and 99 fewer than 50 cows would pay an assumption that 50 percent of all cows reported purchasing milk cows, additional $270,000, dairies with purchased heifers are transitioned and the average number purchased was between 50 and 99 cows would pay an heifers. Based on discussions with 14 head. Three percent of operations additional $280,000, dairies with organic dairy producers, we believe that with between 100 and 199 cows between 100 and 199 cows would pay this proportion is likely smaller which reported purchasing milk cows, and the an additional $30,000 and dairies with would decrease the low cost estimate.53 average number purchased was 10 head. 200 or more cows would pay an The costs of the proposed action will No operations with 200 or more cows additional $355,000. The costs by size of vary by size of operation because the reported purchasing milk cows. operation are summarized in Table 8.
53 Between April 2012 and December 2013, AMS sizes to determine the extent to which heifers are staff contacted 8 organic dairy producers of various raised or purchased on their farms.
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TABLE 8—COSTS BY SIZE OF OPERATION FOR PURCHASING ORGANIC HEIFERS
Fewer than 50 cows 50–99 cows 100–199 cows 200 or more cows
Size of Operation
Percent of operations that purchased replacement heifers 4% ...... 7% ...... 3% ...... 8%. Average number of replacement heifers purchased ...... 10 head ...... 10 head ...... 5 head ...... 76 head. Total cost for purchase of replacement heifers across $270,000 ...... $280,000 ...... $30,000 ...... $355,000. size class. Cost per operation (25% to 50% transitioned heifers) ...... $3,250–$6,500 ...... $3,250–$6,500 ...... $1,600–$3,250 ...... $29,700–$49,400.
Effects on Heifer Development relating to the origin of dairy livestock and were described in detail in this Operations and the management of breeder stock. section. Heifer development operations raise Greater clarity and specificity will In addition, and in support of our validation efforts, we also are requesting heifers either from wet calves or weaned create uniform application of the comments on or submissions of calves and generally sell them as practice standards applied in organic applicable farm or industry data, data springers at about 24 months of age. To production and in turn will help sources, reports, research and other raise organic or transitioned heifers, maintain consumer confidence in relevant information that would help us these operations must have organic purchasing organic products. The Organic Trade Association’s better understand the full range of pasture available for the heifers to graze. (OTA) 2013 U.S. Families’ Organic impacts of the rule on farm income and Operations that raise transitioned Attitudes and Beliefs tracking study profitability. heifers may have to increase their identified that 13 percent of organic ownership or leasing of organic pasture B. Executive Order 12988 buyers surveyed who saw or heard a to continue to operate at their current negative news story about organic chose Executive Order 12988 instructs each capacity since organic heifer calves will to buy less organic foods. Further, executive agency to adhere to certain need access to organic pasture for a nearly half of non-buyers of organic requirements in the development of new longer period than transitioned heifers products surveyed displayed a decrease and revised regulations in order to avoid will need access to pasture. in their average level of trust in organic unduly burdening the court system. Since the locations, numbers, and products’ authenticity from 5.3 on a 10- This proposed rule is not intended to sizes of heifer development operations point scale in 2012 to 4.4 in 2013.54 have a retroactive effect. are not known, it is not possible to States and local jurisdictions are estimate the increased costs this will Conclusions preempted under the OFPA from entail. However, it is possible that, to A clear and consistent standard for creating programs of accreditation for the extent that organic heifers sell at a transition of dairy animals into organic private persons or State officials who premium to transitioned heifers, the production is needed and anticipated by want to become certifying agents of increased costs may be at least partially dairy producers, consumers, trade organic farms or handling operations. A offset by increases in revenues from associations, certifying agents, and the governing State official would have to selling organic replacement heifers. We OIG. This proposed rule would provide apply to USDA to be accredited as a are seeking data related to the likely a foundation for compliance and certifying agent, as described in section impacts on heifer development enforcement in support of fair 6514(b) of the OFPA. States are also operations and those for sheep and competition among dairy producers preempted under sections 6503 and goats. through a single, well-defined standard. 6507 of the OFPA from creating Effects on Consumers AMS is pursing the regulatory option certification programs to certify organic that retains the opportunity for new farms or handling operations unless the Nearly 99 percent of all dairies report producers to transition into organic State programs have been submitted to, that they source at least some of their dairy production once. In the event of and approved by, the Secretary as replacement cows from their own emergencies, producers, through their meeting the requirements of the OFPA. calves, and only 4.3 percent of all certifiers could apply for a temporary Pursuant to section 6507(b)(2) of the dairies purchase replacement heifers. variance provided for in section OFPA, a State organic certification The 95.7 percent of producers that do 205.290(a). program may contain additional not purchase replacement heifers would AMS is seeking comments on the requirements for the production and not see an increase in costs. To replace actual economic impacts, both costs and handling of organically produced purchased transitioned heifers, dairies benefits, of this action on the industry. agricultural products that are produced would have to either raise their own We are specifically interested in in the State and for the certification of replacements or buy them from an validating the accuracy of the number of organic farm and handling operations operation that sells organic replacement farms impacted, validating the accuracy located within the State under certain heifers. Since the current market for of the estimated number of replacement circumstances. Such additional replacement heifers is soft and there are animals, and understanding the number requirements must: (a) Further the ample supplies, as detailed above, it is and size of heifer development purposes of the OFPA, (b) not be unlikely that the proposed rule would operations that may be affected by this inconsistent with the OFPA, (c) not be significantly increase producer, and action. The costs and benefits are discriminatory toward agricultural therefore, milk costs to the consumer. summarized in the Executive Summary commodities organically produced in other States, and (d) not be effective Benefits of the Proposed Rule 54 Organic Trade Association. 2013. U.S. until approved by the Secretary. This proposed rule would bring Families’ Organic Attitudes and Beliefs: 2013 Pursuant to section 6519(f) of the specificity and clarity to the regulations Tracking Study. www.ota.com. OFPA, this proposed rule would not
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alter the authority of the Secretary The RIA should be referred to for more would be impacted as a result of under the Federal Meat Inspection Act detail. purchasing all organic dairy (21 U.S.C. 601–624), the Poultry AMS has considered the economic replacement animals. As discussed Products Inspection Act (21 U.S.C. 451– impact of this proposed action on small above, we do not have data on heifer 471), or the Egg Products Inspection Act entities. Small entities include development operations that raise dairy (21 U.S.C. 1031–1056), concerning meat, producers transitioning into organic replacement heifers and are unable to poultry, and egg products, nor any of dairy production, existing organic dairy estimate the impacts on these entities. the authorities of the Secretary of Health producers, and producers that raise As defined by the SBA (13 CFR and Human Services under the Federal replacement animals for organic dairies. 121.201), small agricultural producers Food, Drug and Cosmetic Act (21 U.S.C. AMS believes that the cost of are defined as those having annual 301–399), nor the authority of the implementing the proposed rule will receipts of less than $750,000. AMS Administrator of the EPA under the fall primarily on organic dairies that used this SBA criterion to identify large Federal Insecticide, Fungicide and currently purchase transitioned heifers, organic dairy operations, those with Rodenticide Act (7 U.S.C. 136–136(y)). although dairies currently purchasing cash receipts of more than $750,000, Section 6520 of the OFPA provides organic heifers would be expected to and small operations, those with cash for the Secretary to establish an pay higher prices in the short-term due receipts of $750,000 or less. The ARMS expedited administrative appeals to increased competition for these dataset estimates that 95 percent had procedure under which persons may animals. Farms that sell their excess cash receipts below $750,000 and 5 appeal an action of the Secretary, the organic replacement heifers may see an percent had cash receipts above applicable governing State official, or a increase in demand for their heifers $750,000. Using the NASS estimate for certifying agent under this title that while farms that raise their own organic the total number of organic dairy adversely affects such person or is replacement heifers would not be operations, AMS estimates that, in 2011, inconsistent with the organic affected by the proposed rule. AMS there were 91 large operations and 1,756 certification program established under believes there may be a limited number operations that would be considered this title. The OFPA also provides that of heifer development operations who small under the SBA criterion. the U.S. District Court for the district in could be impacted by this action. AMS notes that there is little variation which a person is located has However, since the locations, numbers, in the proportion of organic dairies that jurisdiction to review the Secretary’s and sizes of heifer development source at least some of their operations are not known, it is not replacement heifers from their own decision. possible to estimate the number of such calves. Of the large operations, 96 C. Regulatory Flexibility Analysis entities and any increased costs for percent reported that at least some of those entities. their replacement heifers were born on The Regulatory Flexibility Act (RFA) This proposed rule would also affect their operations. About 99 percent of (5 U.S.C. 601–612) requires agencies to certifying agents that certify organic small operations reported sourcing at consider the economic impact of each dairy operations. The Small Business least some of their replacement heifers rule on small entities and evaluate Administration (SBA) defines small from calves born on their operations. alternatives that would accomplish the agricultural service firms, which While the frequency of purchases of objectives of the rule without unduly includes certifying agents, as those replacement heifers varied little by size, burdening small entities or erecting having annual receipts of less than our analysis shows that the mean barriers that would restrict their ability $7,000,000 (North American Industry number of replacement heifers to compete in the market. The purpose Classification System Subsector 115— purchased was significantly different is to fit regulatory actions to the scale of Support Activities for Agriculture and across size categories. Small operations businesses subject to the action. Forestry). There are currently 84 USDA- were slightly less likely to buy The RFA permits agencies to prepare accredited certifying agents; based on a replacement heifers (5.3 percent versus the initial RFA in conjunction with query of the NOP certified organic 5.5 percent). Of the small operations other analyses required by law, such as operations database, there are that purchased replacement heifers, the the Regulatory Impact Analysis (RIA). approximately 53 certifying agents who average number purchased was 10 head, AMS notes that several requirements to are currently involved in the compared with an average purchase of complete the RFA overlap with the RIA. certification of organic dairies. AMS 107 head for large operations. For this For example, the RFA requires a believes that these certifying agents cost analysis, we assumed a cost description of the reasons why action by would meet the criterion for a small difference of $1,300 per head between the agency is being considered and an business. While certifying agents are transitioned replacement heifers and analysis of the proposed rule’s costs to small entities that will be affected by organic replacement heifers and small entities. The RIA describes the this proposed rule, we do not expect assumed that half of replacement heifers need for this proposed rule, the these certifying agents to incur currently purchased are transitioned.55 alternatives considered and the significant costs as a result of this Based on our analysis, AMS estimates potential costs and benefits of this action. Certifying agents already must that, under the proposed rule, small proposed rule. In order to avoid comply with the current regulations, operations would collectively spend an duplication, we combine some analyses e.g., maintaining certification records additional $588,000 for heifers. Large as allowed in section 605(b) of the RFA. for organic dairy operations. Their operations would collectively pay an As explained below, AMS expects that primary new responsibility under this additional $347,000 for heifers. Of the the entities that could be impacted by proposal will be to determine, through operations that purchased heifers, the this proposed rule would qualify as the existing application process for average additional cost per operation small businesses. In the RIA, the organic certification, a producer’s would be $6,300 for small operations discussion of alternatives and the eligibility for a one-time transition into potential costs and benefits pertain to organic production. 55 The determination of a cost difference of $1,300 impacts upon all entities, including For the RFA analysis, AMS focused per head and the assumption about the proportion of replacement heifers that are transitioned is small entities. Therefore, the scope of on estimating how different size organic discussed in the RIA. See section on EO 12866 and those analyses is applicable to the RFA. dairy operations (small versus large) 13563.
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and $70,000 for large operations. AMS head paid by large and small operations using the SBA criterion for small notes that this analysis assumed that for purchases of replacement heifers. businesses (i.e., producers with less there is no difference in the cost per Table 9 summarizes the cost analysis than $750,000 in cash receipts).
TABLE 9—COST OF ORGANIC REPLACEMENT HEIFERS BY SBA CRITERION FOR SMALL BUSINESSES
Small operations Large operations (<$750,000) (>=$750,000)
Total cost (all operations) ...... $588,000 $347,000 Per operation purchasing replacement heifers (25% to 50% transitioned replacements) ...... 3,150–6,300 35,000–70,000
To understand the potential costs in substantial direct effects on one or more participation in or deny the benefits of context, we used the higher average cost Indian tribes, on the relationship the NOP to any person due to estimate per operation from Table 9 for between the Federal Government and discrimination because of race, color, the purchase of organic replacement Indian tribes or on the distribution of national origin, gender, religion, age, heifers (i.e., $6,300 for small; $70,000 power and responsibilities between the disability, political beliefs, sexual for large) and compared it to the average Federal Government and Indian tribes. orientation, or marital or family status.’’ gross cash farm income for each size AMS has assessed the impact of this Paragraph 205.501(a)(2) requires category. In 2011, the average gross farm rule on Indian tribes and determined ‘‘certifying agents to demonstrate the cash income for small operations was that this rule may have tribal ability to fully comply with the $211,375, and $2,348,345 for large implications that require tribal requirements for accreditation set forth operations. For both small and large consultation under EO 13175. If a Tribe in this subpart’’ including the operations, the average additional costs requests consultation, AMS will work prohibition on discrimination. The imposed by the requirement to purchase with the Office of Tribal Relations to granting of accreditation to certifying organic replacement heifers accounts for ensure meaningful consultation is agents under section 205.506 requires approximately 2.9 percent of an provided where changes, additions and the review of information submitted by operation’s average gross cash farm modifications identified herein are not the certifying agent and an on-site income. AMS believes that any costs expressly mandated by Congress. review of the certifying agent’s incurred by producers in complying operation. Further, if certification is E. Paperwork Reduction Act with this proposed action would be denied, section 205.405(d) requires that offset by a stronger marketplace for No additional collection or the certifying agent notify the applicant organic dairy products. If implemented, recordkeeping requirements are of their right to file an appeal to the this action would, as discussed in the imposed on the public by this proposed AMS Administrator in accordance with benefits portion of the RIA, ensure that rule. Accordingly, OMB clearance is not section 205.681. These regulations consumer expectations are met and required by the Paperwork Reduction provide protections against support the growing market for these Act of 1995, 44 U.S.C. 3501, Chapter 35. discrimination, thereby permitting all organic products. AMS believes that, F. Civil Rights Impact Analysis producers, regardless of race, color, over the long run, the economic impact national origin, gender, religion, age, on producers of not implementing this AMS has reviewed this proposed rule disability, political beliefs, sexual proposed rule would be greater than the in accordance with the Department orientation, or marital or family status, economic impact of this proposed rule Regulation 4300–4, Civil Rights Impact who voluntarily choose to adhere to the due to the need for greater consistency Analysis (CRIA), to address any major rule and qualify, to be certified as in applying the origin of livestock civil rights impacts the rule might have meeting NOP requirements by an standard across the organic dairy sector. on minorities, women, and persons with accredited certifying agent. This In addition, AMS has not identified disabilities. After a careful review of the proposed rule in no way changes any of any relevant Federal rules that are rule’s intent and provisions, AMS has these protections against discrimination. currently in effect that duplicate, determined that this rule would only List of Subjects in 7 CFR Part 205 overlap, or conflict with this proposed impact the organic practices of organic rule. This action provides additional producers and that this rule has no Administrative practice and clarity on the origin of livestock potential for affecting producers in procedure, Agriculture, Animals, requirements that are specific and protected groups differently than the Archives and records, Imports, Labeling, limited to the USDA organic general population of producers. This Organically produced products, Plants, regulations. rulemaking was initiated to clarify a Reporting and recordkeeping regulatory requirement and enable requirements, Seals and insignia, Soil D. Executive Order 13175 consistent implementation and conservation. This proposed rule has been reviewed enforcement. For the reasons set forth in the in accordance with the requirements of Protected individuals have the same preamble, 7 CFR part 205 is proposed to Executive Order 13175, ‘‘Consultation opportunity to participate in the NOP as be amended as follows: and Coordination with Indian Tribal non-protected individuals. The USDA Governments.’’ Executive Order 13175 organic regulations prohibit PART 205—NATIONAL ORGANIC requires Federal agencies to consult and discrimination by certifying agents. PROGRAM coordinate with tribes on a government- Specifically, section 205.501(d) of the ■ to-government basis on policies that current regulations for accreditation of 1. The authority citation for 7 CFR have tribal implications, including certifying agents provides that ‘‘No part 205 continues to read: regulations, legislative comments or private or governmental entity Authority: 7 U.S.C. 6501–6522. proposed legislation, and other policy accredited as a certifying agent under ■ 2. Section 205.2 is amended by adding statements or actions that have this subpart shall exclude from in alphabetical order definitions for
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‘‘dairy farm,’’ ‘‘organic management,’’ organic production after completion of (1) Livestock, edible livestock third-year transitional crop,’’ this one-time transition. This transition products, or nonedible livestock ‘‘transitional crop,’’ and ‘‘transitioned must occur over a continuous 12-month products such as animal fiber that are animal’’ to read as follows: period prior to production of milk or removed from an organic operation and milk products that are to be sold, subsequently managed on a nonorganic § 205.2 Terms defined. labeled, or represented as organic, and operation may not be sold, labeled, or * * * * * meet the following conditions: represented as organically produced. Dairy farm. A premises with a milking (i) During the 12-month period, dairy (2) Breeder stock, dairy stock, or parlor where at least one lactating animals must be under continuous transitioned animals that have not been animal is milked. organic management; under continuous organic management * * * * * (ii) During the 12-month period, the since the last third of gestation may not Organic management. Management of producer should describe the transition be sold, labeled, or represented as a production or handling operation in as part of its organic system plan and organic slaughter stock. compliance with all applicable submit this as part of an application for (c) The producer of an organic production and handling provisions certification to a certifying agent, as livestock operation must maintain under this part. required in § 205.401; records sufficient to preserve the * * * * * (iii) During the 12-month period, identity of all organically managed Third-year transitional crop. Crops dairy animals and their offspring may animals, including whether they are and forage from land, included in the consume third-year transitional crops; transitioned animals, and edible and organic system plan of a producer’s (iv) Offspring born during or after the nonedible animal products produced on operation, that has had no application of 12-month period are transitioned the operation. animals if they consume third-year prohibited substances within 2 years ■ prior to harvest of the crop or forage. transitional crops during the transition 4. Section 205.237 is amended by revising paragraph (a) to read as follows: * * * * * or if the mother consumes third year Transitional crop. Any agricultural transitional crops during the offspring’s § 205.237 Livestock feed. last third of gestation; crop or forage from land, included in (a) The producer of an organic the organic system plan of a producer’s (v) Offspring born from transitioning dairy animals are organic if they are livestock operation must provide operation, that has had no application of livestock with a total feed ration prohibited substances within one year under continuous organic management and if only certified organic crops and composed of agricultural products, prior to harvest of the crop or forage. including pasture and forage, that are Transitioned animal. A dairy animal forages are used from their last third of gestation; organically produced and handled by that was converted to organic milk operations certified to the NOP, except production in accordance with (vi) All dairy animals must end the transition at the same time; as provided in § 205.236(a)(2)(iii), § 205.236(a)(2); offspring borne to a except, that, synthetic substances transitioned animal that, during its last (vii) Dairy animals that complete the transition are transitioned animals and allowed under § 205.603 and third of gestation, consumes third year nonsynthetic substances not prohibited transitional crops; or offspring borne must not be used for organic livestock products other than organic milk; under § 205.604 may be used as feed during the one-time transition exception additives and feed supplements, that themselves consume third year (viii) After the 12-month period ends, transitioned animals may produce Provided, That, all agricultural transitional crops. Such animals must ingredients included in the ingredients not be sold, labeled, or represented as organic milk on any organic dairy farm as long as the animal is under list, for such additives and supplements, organic slaughter stock or for the shall have been produced and handled purpose of organic fiber. continuous organic management at all times on a certified organic operation; organically. * * * * * * * * * * ■ 3. Section 205.236 is revised to read and as follows: (ix) After the 12-month period ends, ■ 5. Section 205.239 is amended by any new dairy animal brought onto a revising paragraph (a)(3) to read as § 205.236 Origin of livestock. producer’s dairy farm(s) for organic milk follows: (a) Livestock products that are to be production must be an animal under § 205.239 Livestock living conditions. sold, labeled, or represented as organic continuous organic management from must be from livestock under the last third of gestation or a (a) * * * continuous organic management from transitioned animal sourced from (3) Appropriate clean, dry bedding. the last third of gestation or hatching: another certified organic dairy farm. When roughages are used as bedding, Except, That: (3) Breeder stock. Livestock used as they shall have been organically (1) Poultry. Poultry or edible poultry breeder stock may be brought from a produced in accordance with this part products must be from poultry that has nonorganic operation onto an organic by an operation certified under this part, been under continuous organic operation at any time, Provided, That except as provided in management beginning no later than the the following conditions are met: § 205.236(a)(2)(iii), and, if applicable, second day of life; (i) Such breeder stock must be organically handled by operations (2) Dairy animals. A producer as brought onto the operation no later than certified to the NOP. defined in § 205.2 may transition dairy the last third of gestation if its offspring * * * * * animals into organic production only are to be raised as organic livestock; and once. A producer is eligible for this (ii) Such breeder stock must be Dated: April 23, 2015. transition only if the producer starts a managed organically throughout the last Rex A. Barnes, new organic dairy farm or converts an third of gestation and the lactation Associate Administrator, Agricultural existing nonorganic dairy farm to period during which time they may Marketing Service. organic production. A producer must nurse their own offspring. [FR Doc. 2015–09851 Filed 4–27–15; 8:45 am] not transition any new animals into (b) The following are prohibited: BILLING CODE P
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FEDERAL DEPOSIT INSURANCE generally without change to http:// applying the SMDIA, the law requires CORPORATION www.fdic.gov/regulations.laws/federal/. the FDIC to aggregate the amounts of all FOR FURTHER INFORMATION CONTACT: deposits in the insured depository 12 CFR Part 360 Marc Steckel, Deputy Director, Division institution that are maintained by a RIN 3064–AE33 of Resolutions and Receiverships, 571– depositor ‘‘in the same capacity and the 858–8224; Teresa J. Franks, Assistant same right.’’ 7 For example, before the Large Bank Deposit Insurance Director, Division of Resolutions and $250,000 limit is applied, all single Determination Modernization Receiverships, 571–858–8226; ownership accounts owned by a Christopher L. Hencke, Counsel, Legal particular depositor must be aggregated. AGENCY: Federal Deposit Insurance Division, 202–898–8839; Karen L. Main, Such accounts, however, are insured Corporation (FDIC). Counsel, Legal Division, 703–562–2079. separately from joint ownership ACTION: Advance notice of proposed SUPPLEMENTARY INFORMATION: accounts because joint ownership rulemaking (ANPR). represents a separate ‘‘capacity and I. Deposit Insurance right.’’ SUMMARY: The FDIC is seeking comment Under section 11 of the Federal In accordance with section 11, the on whether certain insured depository Deposit Insurance Act (‘‘FDI Act’’), the institutions that have a large number of FDIC has recognized a number of FDIC is responsible for paying deposit ownership ‘‘capacities’’ or account deposit accounts, such as more than two insurance ‘‘as soon as possible’’ million accounts should be required to categories. Some of the most common following the failure of an insured account categories are the following: (1) undertake actions to ensure that, if one depository institution. 12 While the of these banks were to fail, depositors Single ownership accounts; (2) joint FDIC may pay insurance either in cash ownership accounts; (3) certain would have access to their FDIC-insured (a ‘‘payout’’) or by making available to funds in a timely manner (usually retirement accounts; and (4) revocable each depositor a ‘‘transferred deposit’’ trust accounts (informal ‘‘payable-on- within one business day of failure). in another insured depository Specifically, the FDIC is seeking death’’ accounts as well as formal institution (which could be a bridge ‘‘living trust’’ accounts).8 Appendix A comment on whether these banks bank),3 in most cases the FDIC uses should be required to: (1) Enhance their contains a list of deposit insurance transferred deposits. account categories. recordkeeping to maintain (and be able Although the statutory requirement to provide the FDIC) substantially more that the FDIC pay insurance ‘‘as soon as While the FDIC is authorized to rely accurate and complete data on each possible’’ 4 does not obligate the FDIC to upon the account records of the failed depositor’s ownership interest by right pay insurance within a specific period insured depository institution to and capacity (such as single or joint identify owners and insurance of days or weeks, the FDIC strives to pay 9 ownership) for all or a large subset of insurance promptly. Indeed, the FDIC categories, the failed bank’s records are the bank’s deposit accounts; and (2) strives to make most insured deposits often ambiguous or incomplete. For develop and maintain the capability to available to depositors by the next example, the FDIC might discover calculate the insured and uninsured business day after a bank fails (usually multiple accounts under one name but amounts for each depositor by deposit the Monday following a Friday failure). at different addresses. Conversely, the insurance capacity for all or a For several reasons, the FDIC believes FDIC might discover accounts under substantial subset of deposit accounts at that prompt payment of deposit different names but at the same address. the end of any business day. This ANPR insurance is essential. First, prompt In such circumstances, the FDIC is faced does not contemplate imposing these payment of deposit insurance maintains with making a potentially erroneous requirements on community banks. public confidence in the FDIC guarantee overpayment or delaying the payment of DATES: Comments must be received by as well as confidence in the banking insured amounts to depositors while it the FDIC no later than July 27, 2015. system. Second, depositors must have manually reviews files and obtains additional information from the account ADDRESSES: You may submit comments prompt access to their insured funds in on the advance notice of proposed order to meet their financial needs and holders about the ownership of the rulemaking using any of the following obligations. Third, a delay in the accounts. methods: payment of deposit insurance— The problem identifying the owners • Agency Web site: http:// especially in the case of the failure of of deposits is exacerbated when an www.fdic.gov/regulations/laws/federal/ one of the largest insured depository account at a failed bank has been propose.html. Follow the instructions institutions—could have systemic opened through a deposit broker or for submitting comments on the agency consequences and harm the national other agent or custodian. In this Web site. economy. Fourth, a delay could reduce scenario, neither the name nor the • Email: [email protected]. Include the franchise value of the failed bank address of the owner may appear in the RIN 3064–AE33 on the subject line of and thus increase the FDIC’s resolution failed bank’s records. The only party the message. costs.5 identified in the records might be the • Mail: Robert E. Feldman, Executive Under section 11 of the FDI Act, the custodian. The FDIC is faced with Secretary, Attention: Comments, Federal FDIC pays insurance up to the decision to overpay erroneously deposit Deposit Insurance Corporation, 550 17th ‘‘standard maximum deposit insurance insurance or to delay payment to Street, NW., Washington, DC 20429. amount’’ or ‘‘SMDIA’’ of $250,000.6 In insured depositors until information is • Hand Delivery: Comments may be obtained from the custodian as to the hand delivered to the guard station at 1 As used in this ANPR, the term ‘‘bank’’ is the rear of the 550 17th Street Building synonymous with ‘‘insured depository institution.’’ 7 12 U.S.C. 1821(a)(1)(C). 2 (located on F Street) on business days 12 U.S.C. 1821(f)(1). 8 See 12 CFR 330.6 (governing the coverage of 3 Id. single ownership accounts); 12 CFR 330.9 (joint between 7 a.m. and 5 p.m. 4 • Id. ownership accounts); 12 CFR 330.14(b)(2) Public Inspection: All comments 5 See 70 FR 73652, 73653–54 (December 13, (retirement accounts); 12 CFR 330.10 (revocable received, including any personal 2005). trust accounts). information provided, will be posted 6 12 U.S.C. 1821(a)(1)(E). 9 See 12 U.S.C. 1822(c); 12 CFR 330.5.
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actual owners and their respective 2008,13 § 360.9 requires insured The self-described purpose of § 360.9 interests.10 institutions covered by its requirements is the following: ‘‘This section is In some cases, even when the owner to maintain processes that would intended to allow the deposit and other of a particular account is clearly provide the FDIC with standard deposit operations of a large insured depository disclosed in the failed bank’s account account information promptly in the institution (defined as a ‘Covered records, the FDIC may be required to event of the institution’s failure. In Institution’) to continue functioning on obtain additional information before addition, § 360.9 requires these the day following failure. It also is applying the $250,000 limit. For institutions to maintain the intended to permit the FDIC to fulfill its example, in the case of revocable trust technological capability to legal mandates regarding the resolution accounts, the account owner’s coverage automatically place and release holds of failed insured institutions[,] to depends upon the number of on deposit accounts. If certain banks provide liquidity to depositors testamentary beneficiaries (the coverage with a large number of deposit accounts promptly, enhance market discipline, generally is $250,000 times the number were to fail with little prior warning, ensure equitable treatment of depositors of beneficiaries).11 Generally, when an however, additional measures are likely at different institutions and reduce the account is an informal ‘‘pay-on-death’’ to be needed to ensure the rapid FDIC’s costs by preserving the franchise or ‘‘POD’’ account, the identities of the application of deposit insurance limits value of a failed institution.’’ 18 beneficiaries are contained in the bank’s to all deposit accounts. records, but are not electronically stored III. The Need for Additional Section 360.9 applies to ‘‘covered Rulemaking in a structured way using standardized institutions,’’ with the term ‘‘covered formatting. When an account has been institution’’ defined as an insured The lessons of the financial crisis, opened in the name of a formal depository institution with at least $2 revocable ‘‘living trust,’’ the which peaked in the months following billion in domestic deposits and at least the promulgation of the FDIC’s Final beneficiaries typically are not contained (1) 250,000 deposit accounts; or (2) $20 in the bank’s records at all. As a result, Rule prescribing § 360.9, illustrate billion in total assets.14 Section 360.9 if the balance of the account exceeds definitively that further changes are requires a covered institution to have in $250,000, the FDIC is faced with the needed to ensure that the FDIC can place an automated process for placing decision to overpay erroneously deposit maintain the public trust in the banking and removing holds on deposit accounts insurance or delay payment to insured system and can fulfill its statutory and certain other types of accounts depositors until the account owner obligation to make insured depositors concurrent with or immediately provides the FDIC with a copy of the whole ‘‘as soon as possible.’’ following the daily deposit account trust agreement (or otherwise provides A significant change to the banking processing on the day of failure. the FDIC with information about the industry resulting from the financial account beneficiaries). To complicate Under § 360.9, a covered institution is crisis affecting FDIC deposit insurance the insurance determination further, also required to be able to produce upon determinations arises out of further bank records on trust accounts are often request data files that use a standard consolidation of the industry, in paper form, microfiche, or data format populated by mapping particularly for larger firms. In 2005 the electronically scanned images that the preexisting data elements regarding FDIC noted: deposit accounts.15 For accounts in FDIC must manually review, since these Industry consolidation raises practical records cannot be processed most of the deposit insurance categories recognized by the FDIC, the required concerns about the FDIC’s current business electronically. This manual review is model for conducting a deposit insurance time consuming. As with brokered or information includes the deposit insurance category.16 The required determination. Larger institutions— other custodial deposits, the number of especially those initiating recent merger such trust accounts could be quite large information also includes the customer’s name and address.17 At activity—are considerably more complex, at certain institutions. have more deposit accounts, greater failure (or before), § 360.9 contemplates geographic dispersion, more diversity of II. Section 360.9—Large Bank Deposit that the covered institution would systems and data consistency issues arising Insurance Determination transmit its § 360.9 data to the FDIC so Modernization from mergers than has been the case that the FDIC could determine historically. . . . Should such trends The FDIC previously attempted to specifically which amounts were continue, deposits will become even more enhance its ability to make prompt insured and which were not. In general, concentrated in the foreseeable future.19 deposit insurance determinations at the determination would not be made larger insured depository institutions on closing night, and, for many Such trends have not only continued, through the adoption of § 360.9 of its accounts, would not be made on closing they accelerated as a result of the crisis, regulations.12 Effective August 18, weekend. as reflected in Table A.
TABLE A—DEPOSIT ACCOUNT CONCENTRATIONS
December Percent June 2008 2014 increases
Largest number of deposit accounts at a single bank ...... 59,604,549 84,491,835 42 Number of deposit accounts at the 10 banks having the most deposit accounty ...... 254,180,422 318,809,420 25
10 In the case of accounts held by agents or obtained records from the custodian as to the 15 12 CFR 360.9(d). custodians, the FDIC provides ‘‘pass-through’’ identities and interests of the actual owners. See 12 16 12 CFR 360.9, appendix C. CFR 330.5. insurance coverage (meaning that the coverage 17 12 CFR 360.9, appendix F. ‘‘passes through’’ the agent or custodian to each of 11 See 12 CFR 330.10. 18 12 CFR 360.9(a). the actual owners). See 12 CFR 330.7. The FDIC 12 12 CFR 360.9. 19 cannot apply the $250,000 limit on a ‘‘pass- 13 See 73 FR 41180 (July 17, 2008). Advance Notice of Proposed Rulemaking, 70 through’’ basis, however, until the FDIC has 14 12 CFR 360.9(b)(1). FR 73652, 76354 (December 13, 2005).
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As a result of this concentration, First, in reviewing covered ownership interest by right and capacity many institutions are more complex institutions for compliance with § 360.9 (such as single or joint ownership) for with more serious systems and data requirements, the FDIC has often found all or a large subset of the bank’s deposit consistency challenges. inconsistent and missing data. accounts; and (2) develop and maintain The financial crisis also reinforced the Second, the continued growth the capability to calculate the insured challenges posed by multiple and rapid following the promulgation of § 360.9 in and uninsured amounts for each resolution of banks. Since the beginning the number of deposit accounts at larger depositor by deposit insurance category of 2008, 511 insured depository banks and the number and complexity for all or a substantial subset of deposit institutions failed, comprising a total of deposit systems (or platforms) in accounts at the end of any business day. asset value of approximately $696 many of these banks would exacerbate This ANPR does not, however, billion. These failed banks range in asset the difficulties at making prompt contemplate imposing additional value from a few million to over $300 deposit insurance determinations. requirements on community banks. billion. Still other firms, including some Third, using the FDIC’s information The goal of any regulatory action of the largest banking organizations, technology systems to make deposit would be to: (1) Address the additional were spared from failure only by insurance determinations at a failed challenges in making deposit insurance extraordinary government intervention. bank with a large number of deposit determinations posed by certain banks These experiences indicate to the FDIC accounts would require the with a large number of deposit accounts, that the provisional account holds and transmission of massive amounts of which have only increased in other requirements finalized in § 360.9 deposit data from the bank’s systems magnitude following the financial crisis; are not sufficient to mitigate the (now held by the bank’s successor) to (2) enhance capabilities to make prompt complexities of large institution failures. the FDIC’s systems. The FDIC would deposit insurance determinations in the have to process this data. The time Further measures are required. This is event of the sudden failure of one of required to transmit and process such a especially true because the experience these banks; (3) safeguard the Deposit large amount of data present a challenge of the financial crisis indicates that Insurance Fund by avoiding in making an insurance determination failures can often happen with no or overpayment of deposit insurance and on the night of closing (‘‘closing night’’) little notice and time for the FDIC to other potential consequences from the or possibly even on closing weekend, if prepare. Since 2009, the FDIC has been failure of a bank with a large number of the bank was closed on a Friday. A called upon to resolve 47 institutions accounts; and (4) ensure that public failed bank that has multiple deposit within 30 days from the launch of the confidence is maintained and systems would further complicate the depositors’ expectations of prompt resolution process to the ultimate aggregation of deposits owned by a payment of insured deposits are met. closure of the bank. In addition to these particular depositor in a particular right If certain banks with a large number rapid failures, the financial condition of and capacity, causing additional delay. of deposit accounts were to fail and a two banks with a large number of Finally, if a bank with a large number deposit insurance determination were accounts—Washington Mutual Bank of deposit accounts were to fail necessary, one possible process for and Wachovia Bank—deteriorated very suddenly because of liquidity problems, making deposit insurance quickly in 2008, leaving the FDIC little the FDIC’s opportunity to prepare for determinations (described here for time to prepare. the bank’s closing would be limited, purposes of soliciting comment) would The implementation of § 360.9 thus further exacerbating the challenge be as follows. For a large subset of requirements by covered firms also in making a prompt deposit insurance deposits (‘‘closing night deposits’’), underscores the need for further determination.20 including those where depositors have measures. The FDIC has worked with the greatest need for immediate access covered institutions for several years to IV. Possible Solution to funds (such as transaction accounts implement § 360.9. Based on its The FDIC is seeking comment on and money market deposit accounts experience reviewing banks’ deposit what additional regulatory action (‘‘MMDAs’’)), deposit insurance data, deposit systems and mechanisms should be taken to ensure that deposit determinations would be made on for imposing provisional holds, staff has insurance determinations can be made closing night. The failed bank’s concluded that § 360.9 has not been as promptly when certain banks with a information technology systems and effective as had been hoped in large number of deposit accounts, such data would be used to calculate insured enhancing the capacity to make prompt as more than two million accounts, fail. and uninsured amounts. As discussed deposit insurance determinations. For The two million account threshold below, the FDIC seeks comment on the the reasons discussed below, the FDIC would affect about 37 banks as of types of deposits that should be deemed has concluded, that, if certain banks December 31, 2014. In determining ‘‘closing night deposits.’’ with a large number of accounts were to whether to initiate the rulemaking To make a deposit insurance fail with little prior notice and an process, the FDIC will carefully determination on closing night would insurance determination were required, consider all comments from the public, require that certain banks with a large additional measures would be needed, as well as any relevant data or number of deposit accounts: beyond those set out in § 360.9, to information submitted by the public. 1. Obtain and maintain data on all provide assurance that a deposit Based on the FDIC’s experience, closing night deposits, including insurance determination would be made however, and as reflected in the outstanding official items, that are promptly and accurately. Because discussion that follows, it seems likely sufficiently accurate and complete to delays in insurance determinations that certain banks with a large number allow the determination of the insured could lead to bank runs or other of deposit accounts (e.g., more than two and uninsured amounts for each systemic problems, the FDIC believes million accounts) will have to: (1) depositor by deposit insurance right and that improved strategies must be Enhance their recordkeeping to capacity (that is, by deposit insurance implemented to ensure prompt deposit maintain substantially more accurate category) at the end of any business day insurance determinations at failures of and complete data on each depositor’s (since failure can occur on any business banks with a large number of deposit day). To allow the FDIC to examine accounts. 20 See 71 FR 74857, 74859 (December 13, 2006). banks’ data, banks with a large number
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of deposit accounts would have to determinations much more quickly and • Should other factors or a maintain this data using a standard accurately but might also entail reduced combination of factors be used to format and the data would have to meet insurance coverage to some affected determine which banks would be quality and completeness standards; depositors. For example, deposit subject to the requirements? and insurance coverage for trust accounts is • Should bank affiliates of certain 2. Develop and maintain an complex in part because it depends banks with a large number of deposit information technology system that can upon the number of beneficiaries, accounts be subject to the requirements, calculate the insured and uninsured whose names often do not appear in regardless of their size or number of amounts of closing night deposits for bank records. Replacing ‘‘per deposit accounts? Why or why not? each depositor by deposit insurance beneficiary’’ coverage with ‘‘per category at the end of any business day. grantor’’ or ‘‘per trust’’ coverage would Challenges, Costs and Tradeoffs Deposit insurance determinations on greatly simplify the insurance • Which requirements would likely all other deposits (‘‘post-closing determination but result in reduced cause the most significant changes to deposits’’) would be made after closing insurance coverage. banks’ deposit operations and systems? night, either on closing weekend (if the • What are the costs associated with bank fails and is closed on a Friday) or V. Request for Comment the requirements; for example, what is thereafter. The FDIC envisions that, as By describing the processes above for the cost of— currently contemplated by § 360.9, the making deposit insurance Æ Obtaining and maintaining data on failed bank’s information technology determinations at certain banks with a all closing night deposits that is and deposit systems would be used to large number of deposit accounts that sufficiently accurate and complete to place provisional holds on post-closing fail and discussing the requirements allow the determination of the insured deposits on closing night. The FDIC also these processes would entail for these and uninsured amounts for each envisions that the failed bank’s banks, the FDIC does not intend to depositor at the end of any business information technology and deposit preclude consideration of other possible systems would be used to calculate the day; solutions to the problem of making Æ insured and uninsured amounts of post- prompt deposit insurance Developing and maintaining an closing deposits. determinations if one of these banks information technology system that, on For this process to work, it would were to fail. On the contrary, the FDIC closing night, can calculate the insured require that a bank with a large number is interested in exploring all means that and uninsured amounts of closing night of deposit accounts obtain and maintain would result in prompt deposit deposits for each depositor by deposit data on all post-closing deposits that are insurance determinations. The FDIC insurance category at the end of any sufficiently accurate and complete to invites comments on the processes business day; Æ allow a prompt determination of the described above and the requirements Obtaining and maintaining more insured and uninsured amounts for each they would impose, as well as accurate and complete data on post- depositor by deposit insurance category. suggestions for and comment on other closing deposits; and Moreover, this data will likely have to possible solutions. Æ Disclosing and making available be more accurate and complete than the The FDIC also requests comment on each customer’s level of insured and data some of these banks maintain now the questions set out below. In addition, uninsured deposits on a daily basis? and would have to be maintained using the FDIC is requesting the opportunity • Which requirements would be the a standard format. Alternatively, this to schedule meetings with interested most costly to implement? Why? Please information might be gathered post- parties during the development of a provide estimates of the potential failure using a claims administration regulatory proposal. Any such meetings cost(s). process where depositors would be will be documented in the FDIC’s public • required to submit a proof of claim to Could the implementation and files to note the institution’s or entity’s the FDIC. As discussed below, the FDIC maintenance costs be mitigated while general views on the ANPR or their seeks comment on which types of still meeting the FDIC’s objective of answers to questions that have been deposits should be deemed post-closing timely deposit insurance posed in this ANPR. Any institution or deposits and on data requirements for determinations? Are there any organization that would like to request various types of potential post-closing adjustments to the processes and such a meeting to discuss the proposal deposits. requirements discussed above that The FDIC recognizes that the deposit in more detail and make suggestions or would reduce costs while still meeting insurance determination processes comments should contact Marc Steckel, the objectives? If so, please describe described above and the requirements Deputy Director, Division of Resolutions them. they would impose could require banks and Receiverships, 571–858–8224. • How could the current IT with a large number of deposit accounts General Issues capabilities at banks with a large to make substantial changes to their number of deposit accounts best be used recordkeeping and information systems. Applicability to minimize the cost of the The complexity of the deposit insurance This ANPR presents potential options requirements? coverage rules contributes to the that, if adopted, would impose • Are there related bank activities or challenge of making deposit insurance requirements only on certain banks with regulatory requirements that would determinations at these banks. As a large number of deposit accounts. reduce the cost of implementation or shown in Appendix A, there are more • In general, which banks should be would implementation of any than a dozen different deposit insurance subject to the requirements discussed in requirements considered in this ANPR categories or ‘‘rights and capacities’’ in this ANPR? reduce the costs of implementing other which a depositor can own funds in an • To what size banks, as measured by rules? If so, what are the activities or FDIC-insured institution. number of deposit accounts, should requirements, and how might they be Simplifying deposit insurance possible rulemaking apply? Should used to reduce costs? For example, coverage rules likely would enable the requirements be tiered based on these could banks reduce regulatory costs by FDIC to perform deposit insurance criteria? leveraging work on—
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Æ Liquidity measurement, which may implement? If so, which requirements depositors? What types of problems require categorizing deposits so as to would pose these delays? Why? might this differing treatment measure stressed outflows; • If new requirements are adopted, introduce? Æ Stress testing, which may require should the FDIC set a single Pass-Through Coverage Accounts analyzing and/or segmenting deposits to implementation date or phase in the determine how they would behave requirements? In the case of accounts held by agents during a period of stress; or custodians, the FDIC provides ‘‘pass- Providing Depositors with the Insured Æ Anti-money laundering through’’ insurance coverage (i.e., and Uninsured Amount of Their requirements that may require frequent coverage that ‘‘passes through’’ the Deposits tracking of deposits; and agent or custodian to each of the actual Æ Resolution planning for many • If a bank can readily determine the owners).21 This coverage is not insured depository institutions, which amount of FDIC-insured funds in a available, however, unless certain requires banks to develop credible depositor’s accounts, would it be conditions are satisfied. One of these resolution plans? beneficial to provide this information to conditions is that information about the • Banks have operational schedules the depositor? Should banks be required actual owners must be held by either the for synchronizing systems for reporting to provide this information to insured depository institution or by the at month-end, quarter-end and year-end. depositors? agent or custodian or other party.22 In How disruptive or expensive would off- most cases, the agent or custodian holds Closing Night Deposits and Post-Closing period reporting be? How long would it the necessary information and the Deposits take to develop the ability for off-period insured depository institution does not, reporting? The discussion that follows focuses thus making it impossible to determine • What is the current state of IT on when deposit insurance deposit insurance coverage on closing systems for tracking deposit accounts determinations should be made for night. The need to obtain information and customers at certain banks that have various types of deposit accounts. from the agents or custodians delays the a large number of deposit accounts? Are Savings and Time Accounts calculation of deposit insurance by the the systems modern and effective? Are FDIC, which may result in delayed banks already planning upgrades for At a minimum, to meet depositors’ payments of insured amounts or other reasons? Are there currently immediate liquidity needs, deposit erroneous overpayment of insurance. At shortcomings in these systems that insurance determinations would have to certain banks with a large number of impede the ability to process be made on transaction and MMDA deposit accounts and large numbers of transactions effectively, maintain data accounts on closing night. One pass-through accounts, potential delays security and implement cross-product possibility would focus on making or erroneous overpayments could be marketing strategies? deposit insurance determinations only substantial. A few options to resolve for transaction and MMDA accounts on Benefits this problem are described below. closing night, so that banks with a large Option 1: Require banks with a large • In light of the financial crisis, what number of deposit accounts would have number of deposit accounts to identify are the potential benefits arising from to create the capacity to calculate pass-through accounts, and place holds reduced losses to the DIF and to public insured and uninsured amounts and on these accounts as if the full balance confidence and financial stability from debit uninsured balances on closing were uninsured. If such a bank failed, systems upgrades that ensure the ability night only for these types of accounts. brokers, agents and custodians would of certain banks with a large number of Holds would be placed on other types have to submit required information in deposit accounts to make prompt of accounts. Shortly after failure, a standard format within a certain time. deposit insurance determinations in the insurance determinations would be The standard format could expedite event of failure? completed for these accounts, and the deposit insurance determinations. • Are there potential spillover holds would be replaced with the Option 2: A bank with a large number benefits that would accrue from the appropriate debits and credits. of deposit accounts would have to proposed systems changes considered in • Should this approach be used? Why maintain up-to-date records sufficient to this ANPR in terms of banks’ ability to or why not? allow immediate or prompt insurance • process transactions, maintain data How important is it to depositors to determinations either for all pass- security, and implement cross-product be able to have immediate or quick through accounts or for certain types of marketing strategies? Would the benefits access to accounts other than pass-through accounts where depositors of the changes considered in this ANPR transaction accounts and MMDAs? Does need access to their funds immediately. accrue only to the public in the FDIC’s it depend on the size of the deposit? • In addition to brokered deposits ability to carry out a deposit insurance What are the potential costs associated that are reported on the Call Report, determination, or would there be with delays for these accounts? how many accounts with pass-through • spillover benefits for the banks What problems or complications coverage do banks with a large number themselves? might arise if this approach were used? of deposit accounts have (numbers and • From a depositor’s perspective, this dollars)? Timetable for Implementation approach would differ from the • For what types of brokered, agent or The FDIC recognizes that banks with approach now used by the FDIC at custodial accounts at banks with a large a large number of deposit accounts may smaller banks. At smaller banks, the number of deposit accounts would need substantial time to implement the insurance determination for all accounts owners likely need immediate or near- requirements described in this ANPR. (except those where more information is immediate access to funds after failure? • How long should banks with a large needed from a depositor) is completed • How difficult would it be for banks number of deposit accounts be given to over the weekend following a Friday with a large number of deposit accounts implement the requirements night bank failure and depositors to maintain current records on contemplated by this ANPR and why? generally have access to their funds the • Are there particular requirements next business day after the bank fails. 21 See 12 CFR 330.7. that would take more time to How confusing would this be for 22 See 12 CFR 330.5.
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beneficial owners of pass-through Trust Accounts submit information in a standard format accounts? Are there certain types of In the case of revocable and to gain the full benefits of insurance pass-through accounts where irrevocable trust accounts, the FDIC coverage beyond $250,000 per grantor? maintaining current records might be provides ‘‘per beneficiary’’ insurance Would the associated costs exceed the relatively easy or relatively difficult? coverage subject to certain conditions cost of the alternative, which could • In particular, do banks with a large and limitations.23 For informal trusts entail potentially lengthy delays in number of deposit accounts maintain (payable-on-death accounts), the bank gaining the additional insurance full and up-to-date information on the may have either structured or coverage? • How difficult would it be for banks owners of brokered deposit accounts unstructured information about with a large number of deposit accounts where the broker is an affiliate of the beneficiaries. In many cases, however, to maintain current records on each bank? If not, how difficult would it be the FDIC cannot calculate ‘‘per for banks to maintain current records on beneficiary’s ownership interest? How beneficiary’’ coverage until it obtains a much information do banks already beneficial owners of pass-through copy of the trust agreement (with accounts where the broker is an affiliate collect and retain on beneficiaries? information about the number of • How difficult would it be for of the bank? beneficiaries and the respective interests • trustees to supply the information to What would the challenges and of the beneficiaries) from the depositor. costs be for agents and custodians to banks and keep it current? The need to obtain and review the trust • Under the two options for trust provide information to banks on each agreement delays the FDIC’s calculation accounts described above, trust account principal and beneficiary’s interest and of insurance and may result in delay of holders would be treated differently at to update that information whenever it insurance payments or overpayment of banks with a large number of deposit changes? How do these costs compare to insurance amounts. Delays or erroneous accounts compared to other banks, since the cost of providing the data in a overpayments may also occur even if neither option is required at any bank standard format at closing? the bank has the information for the • now. What problems might that cause? Which option for pass-through informal trusts, but the information is • Which option should the FDIC accounts should the FDIC adopt? Why? not contained in its § 360.9 data. Two adopt? Why? Is another option Is another option preferable? If so, potential options for solving these preferable? please describe it. problems are discussed below. These • In conjunction with considering Prepaid Card Accounts options are similar to the options how trust accounts should be treated on discussed above for pass-through and post-closing night, how should the The FDIC’s rules for ‘‘pass-through’’ accounts. FDIC revise the rules for the coverage of insurance coverage of accounts held by Option 1: A bank with a large number trust accounts? agents or custodians apply to all types of deposit accounts would have to Special Deposit Insurance Categories of custodial accounts, including maintain standardized data on trust Created by Statute accounts held by prepaid card accounts to ensure that insured companies or similar companies. After depositors can be paid promptly at Special statutory rules apply to the collecting funds from cardholders (in failure. These banks would have to insurance coverage of certain types of exchange for the cards), the prepaid collect and maintain relevant accounts, including retirement card company might place the information about beneficiaries. accounts,24 employee benefit plan cardholders’ funds into a custodial Option 2: Require that banks with a accounts 25 and government accounts.26 account at an insured depository large number of deposit accounts In some cases, the FDIC cannot apply institution. Some cardholders might use maintain complete information under these special statutory rules without these cards (and the funds in the § 360.9 to identify trust accounts and obtaining information from the custodial account) as a substitute for a their owners (but not necessarily depositor, which delays the calculation checking account. In the event of the beneficiaries). If such a bank failed, and payment of deposit insurance. failure of the insured depository preliminary insured and uninsured Though the FDIC cannot change these institution, the cardholders will likely amounts would be calculated based on special statutory rules, the FDIC could need immediate access to the funds in the assumption that there is one pursue options that are similar to those the custodial account to meet their basic qualified beneficiary for each trust. discussed in the previous section for financial needs and obligations. pass-through accounts. Owners of potentially uninsured trust • • To prevent delays in the payment or accounts would have to submit required How many of these accounts do erroneous insurance overpayments, information in a standard format within banks with a large number of deposit should the FDIC impose recordkeeping a certain time to receive greater coverage accounts have (numbers and dollar or other requirements on banks with a for multiple beneficiaries. amounts)? • How urgently do depositors need large number of deposit accounts that • How many trust accounts do banks immediate or near-immediate access to would enable a prompt determination of with a large number of deposit accounts the extent of deposit insurance coverage these types of funds after failure? have (numbers and dollar amounts)? • These accounts often have for prepaid cards, possibly on closing • How many trust accounts are night? characteristics similar to accounts with transaction accounts that depositors will pass-through coverage. Can banks with • How difficult would it be for banks likely need access to immediately after a large number of deposit accounts with a large number of deposit accounts failure? Would providing access to up to reliably distinguish these special to maintain current records on each $250,000 immediately after failure be statutory accounts from accounts with prepaid cardholder’s ownership sufficient (with additional insured pass-through insurance coverage? interest? funds being provided later, when the • How difficult would it be for banks How difficult would it be for prepaid insurance determination is completed)? with a large number of deposit accounts card issuers to regularly provide current • What challenges would trust information on each cardholder’s account holders face if they had to 24 See 12 U.S.C. 1821(a)(3). ownership interest to banks with a large 25 See 12 U.S.C. 1821(a)(1)(D). number of deposit accounts? 23 See 12 CFR 330.10; 12 CFR 330.13. 26 See 12 U.S.C. 1821(a)(2).
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to maintain full and up-to-date DEPARTMENT OF HOMELAND below for further instructions on information on the owners of these SECURITY submitting comments. To avoid accounts? How difficult would it be for duplication, please use only one of depositors to supply the information Coast Guard these three methods. and keep it current? Are there certain FOR FURTHER INFORMATION CONTACT: If types of accounts where maintaining 33 CFR Part 100 you have questions on this rule, call or current records might be relatively easy [Docket Number USCG–2015–0216] email Lieutenant Junior Grade Brett S. or relatively difficult? Sillman, Sector St. Petersburg RIN 1625–AA08 • Prevention Department, Coast Guard; Should the FDIC apply any of the telephone (813) 228–2191, email D07- Special Local Regulation; Suncoast options for pass-through accounts [email protected]. If you Super Boat Grand Prix; Gulf of Mexico, (described above) to these accounts? If have questions on viewing or submitting Sarasota, FL so, which one? Why? Is another option material to the docket, call Cheryl preferable? AGENCY: Coast Guard, DHS. Collins, Program Manager, Docket Appendix A—Deposit Insurance ACTION: Notice of proposed rulemaking. Operations, telephone (202) 366–9826. Categories SUPPLEMENTARY INFORMATION: SUMMARY: The Coast Guard is proposing The following is a list of the various to amend a special local regulation on Table of Acronyms deposit insurance categories with references the waters of the Gulf of Mexico in the DHS Department of Homeland Security to the FDIC’s regulations or to statute. Several vicinity of Sarasota, Florida during the FR Federal Register of the categories have a statutory basis, but Suncoast Super Boat Grand Prix. The A. Public Participation and Request for only the reference to the FDIC’s event is scheduled to take place Comments implementing regulation is given. annually on the first Friday, Saturday, 1. Revocable trust accounts. (12 CFR 330.10.) and Sunday of July from 10 a.m. to 5 We encourage you to participate in 2. Irrevocable trust accounts. (12 CFR p.m. The proposed amendment to the this rulemaking by submitting 330.13.) special local regulation is necessary to comments and related materials. All 3. Joint accounts. (12 CFR 330.9.) protect the safety of race participants, comments received will be posted 4. Employee benefit accounts. (12 CFR participant vessels, spectators, and the without change to http:// 330.14.) general public on the navigable waters www.regulations.gov and will include 5. Public unit accounts. (12 CFR 330.15.) of the United States during the event. any personal information you have 6. Mortgage escrow accounts for principal The special local regulation would provided. and interest payments. (12 CFR 330.7(d).) restrict vessel traffic in the Gulf of 1. Submitting Comments 7. Business organizations. (12 CFR 330.11.) Mexico near Sarasota, Florida. It would If you submit a comment, please 8. Single accounts. (12 CFR 330.6.) establish the following three areas: A 9. Public bonds accounts. (12 CFR 330.15(c).) include the docket number for this race area, where all persons and vessels, rulemaking, indicate the specific section 10. Irrevocable trust account with an insured except those persons and vessels depository institution as trustee. (12 CFR of this document to which each participating in the high speed boat comment applies, and provide a reason 330.12.) races, are prohibited from entering, 11. Annuity contract accounts. (12 CFR for each suggestion or recommendation. transiting through, anchoring in, or 330.8.) You may submit your comments and remaining within; a spectator area, 12. Custodian accounts for American Indians. material online at http:// where all vessels must be anchored or (12 CFR 330.7(e).) www.regulations.gov, or by fax, mail, or operate at No Wake Speed; and an 13. Accounts of an insured depository hand delivery, but please use only one enforcement area where designated institution pursuant to the bank deposit of these means. If you submit a financial assistance program of the representatives may control vessel comment online, it will be considered Department of Energy. (12 U.S.C . 1817 traffic as determined by prevailing received by the Coast Guard when you (i)(3).) conditions. successfully transmit the comment. If 14. Certain retirement accounts. (12 CFR DATES: Comments and related material you fax, hand deliver, or mail your 330.14 (b) and (c).) must be received by the Coast Guard on comment, it will be considered as Pass-through insurance (12 CFR 330.5 and or before May 11, 2015. having been received by the Coast 330.7) is not a deposit insurance category, ADDRESSES: You may submit comments Guard when it is received at the Docket but can be applied to the categories listed identified by docket number using any Management Facility. We recommend above. one of the following methods: that you include your name and a By order of the Board of Directors. (1) Federal eRulemaking Portal: mailing address, an email address, or a Dated at Washington, DC, this 21st day of http://www.regulations.gov. telephone number in the body of your April 2015. (2) Fax: (202) 493–2251. document so that we can contact you if Federal Deposit Insurance Corporation. (3) Mail or Delivery: Docket we have questions regarding your Robert E. Feldman, Management Facility (M–30), U.S. submission. Department of Transportation, West To submit your comment online, go to Executive Secretary. Building Ground Floor, Room W12–140, http://www.regulations.gov, type the [FR Doc. 2015–09650 Filed 4–27–15; 8:45 am] 1200 New Jersey Avenue SE., docket number USCG–2015–0216 in the BILLING CODE 6714–01–P Washington, DC 20590–0001. Deliveries ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ accepted between 9 a.m. and 5 p.m., Click on ‘‘Submit a Comment’’ on the Monday through Friday, except federal line associated with this rulemaking. holidays. The telephone number is (202) If you submit your comments by mail 366–9329. or hand delivery, submit them in an See the ‘‘Public Participation and unbound format, no larger than 81⁄2 by Request for Comments’’ portion of the 11 inches, suitable for copying and SUPPLEMENTARY INFORMATION section electronic filing. If you submit
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comments by mail and would like to establish special local regulations: 33 section 6(a)(3) of Executive Order 12866 know that they reached the Facility, U.S.C. 1233 and 33 CFR 1.05–1. or under section 1 of Executive Order please enclose a stamped, self-addressed The purpose of the proposed rule is 13563. The Office of Management and postcard or envelope. We will consider to provide for the safety of life on Budget has not reviewed it under those all comments and material received navigable waters of the United States Orders. during the comment period and may during the Suncoast Super Boat Grand The economic impact of this proposed change the rule based on your Prix. rule is not significant for the following reasons: The special local regulations comments. D. Discussion of Proposed Rule would be enforced for only seven hours 2. Viewing Comments and Documents This proposed rule is necessary to a day for three days; although persons To view comments, as well as amend a special local regulation that and vessels are prohibited from documents mentioned in this preamble will encompass certain waters of the entering, transiting through, anchoring as being available in the docket, go to Gulf of Mexico in Sarasota, Florida. The in, or remaining within the race area or http://www.regulations.gov, type the proposed special local regulation would enforcement area without authorization docket number USCG–2015–0216 in the be enforced annually during the first from the Captain of the Port St. ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Friday, Saturday, and Sunday of July Petersburg or a designated Click on Open Docket Folder on the line from 10 a.m. to 5 p.m. The proposed representative, they may operate in the associated with this rulemaking. You special local regulations will establish surrounding area during the may also visit the Docket Management the following three areas: enforcement period; persons and vessels • Facility in Room W12–140 on the A race area, where all persons and may still enter, transit through, anchor ground floor of the Department of vessels, except those persons and in, or remain within the race area and Transportation West Building, 1200 vessels participating in the high speed enforcement area if authorized by the New Jersey Avenue SE., Washington, boat races, are prohibited from entering, Captain of the Port St. Petersburg or a DC 20590, between 9 a.m. and 5 p.m., transiting through, anchoring in, or designated representative; and the Coast remaining within; Guard would provide advance Monday through Friday, except federal • holidays. A spectator area, where all vessels notification of the special local must be anchored or operate at No Wake regulations to the local maritime 3. Privacy Act Speed; and community by Local Notice to Mariners, • Anyone can search the electronic An enforcement area where Broadcast Notice to Mariners and/or on- form of comments received into any of designated representatives may control scene designate representatives. vessel traffic as determined by the our dockets by the name of the 2. Impact on Small Entities individual submitting the comment (or prevailing conditions. signing the comment, if submitted on The enforcement area encompasses both Under the Regulatory Flexibility Act behalf of an association, business, labor the race area and the spectator area. (5 U.S.C. 601–612), we have considered union, etc.). You may review a Privacy Persons and vessels may request the impact of this proposed rule on Act notice regarding our public dockets authorization to enter, transit through, small entities. The Coast Guard certifies in the January 17, 2008, issue of the anchor in, or remain within the race under 5 U.S.C. 605(b) that this proposed Federal Register (73 FR 3316). area or enforcement area by contacting rule will not have a significant the Captain of the Port St. Petersburg by economic impact on a substantial 4. Public Meeting telephone at (727) 824–7506, or a number of small entities. We do not plan to hold a public designated representative via VHF radio The impact on small entities of this meeting, but you may submit a request on channel 16. If authorization to enter, proposed rule is not significant for the for one, using one of the methods transit through, anchor in, or remain following reasons: The special local specified under ADDRESSES. Please within the race area or enforcement area regulations would be enforced for only explain why you believe a public is granted by the Captain of the Port St. seven hours a day for three days; meeting would be beneficial. If we Petersburg or a designated although persons and vessels are determine that one would aid this representative, all persons and vessels prohibited from entering, transiting rulemaking, we will hold one at a time receiving such authorization must through, anchoring in, or remaining and place announced by a later notice comply with the instructions of the within the race area or enforcement area in the Federal Register. Captain of the Port St. Petersburg or a without authorization from the Captain designated representative. of the Port St. Petersburg or a designated B. Regulatory History and Information representative, they may operate in the The Coast Guard is proposing to E. Regulatory Analyses surrounding area during the amend the special local regulation on We developed this proposed rule after enforcement period; persons and vessels the waters of the Gulf of Mexico in the considering numerous statutes and may still enter, transit through, anchor vicinity of Sarasota, Florida during the executive orders related to rulemaking. in, or remain within the race area and Suncoast Super Boat Grand Prix. The Below we summarize our analyses enforcement area if authorized by the event is scheduled to take place the first based on a number of these statutes or Captain of the Port St. Petersburg or a Friday, Saturday, and Sunday in July executive orders. designated representative; and the Coast from 10 a.m. to 5 p.m. This proposed Guard would provide advance 1. Regulatory Planning and Review rule is necessary to protect the safety of notification of the special local race participants, participant vessels, This proposed rule is not a significant regulations to the local maritime spectators, and the general public on the regulatory action under section 3(f) of community by Local Notice to Mariners, navigable waters of the United States Executive Order 12866, Regulatory Broadcast Notice to Mariners and/or on- during the event. Planning and Review, as supplemented scene designate representatives. by Executive Order 13563, Improving If you think that your business, C. Basis and Purpose Regulation and Regulatory Review, and organization, or governmental The legal basis for the proposed rule does not require an assessment of jurisdiction qualifies as a small entity is the Coast Guard’s authority to potential costs and benefits under and that this rule would have a
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significant economic impact on it, 8. Taking of Private Property the human environment. This rule is please submit a comment (see This proposed rule would not cause a categorically excluded from further ADDRESSES) explaining why you think it taking of private property or otherwise review under paragraph 34(g) of Figure qualifies and how and to what degree have taking implications under 2–1 of the Commandant Instruction. A this rule would economically affect it. Executive Order 12630, Governmental preliminary environmental analysis checklist supporting this determination 3. Assistance for Small Entities Actions and Interference with Constitutionally Protected Property is available in the docket where Under section 213(a) of the Small Rights. indicated under ADDRESSES. We seek Business Regulatory Enforcement any comments or information that may Fairness Act of 1996 (Pub. L. 104–121), 9. Civil Justice Reform lead to the discovery of a significant we want to assist small entities in This proposed rule meets applicable environmental impact from this understanding this proposed rule. If the standards in sections 3(a) and 3(b)(2) of proposed rule. rule would affect your small business, Executive Order 12988, Civil Justice List of Subjects in 33 CFR Part 100 organization, or governmental Reform, to minimize litigation, jurisdiction and you have questions eliminate ambiguity, and reduce Marine safety, Navigation (water), concerning its provisions or options for burden. Reporting and recordkeeping compliance, please contact the person requirements, Waterways. listed in the FOR FURTHER INFORMATION 10. Protection of Children From Environmental Health Risks For the reasons discussed in the CONTACT section above. The Coast Guard preamble, the Coast Guard proposes to will not retaliate against small entities We have analyzed this proposed rule amend 33 CFR part 100 as follows: that question or complain about this under Executive Order 13045, proposed rule or any policy or action of Protection of Children from PART 100—SAFETY OF LIFE ON the Coast Guard. Environmental Health Risks and Safety NAVIGABLE WATERS 4. Collection of Information Risks. This rule is not an economically significant rule and would not create an ■ 1. The authority citation for part 100 This proposed rule will not call for a environmental risk to health or risk to is revised to read as follows: new collection of information under the safety that might disproportionately Authority: 33 U.S.C. 1233, 33 CFR 1.05– Paperwork Reduction Act of 1995 (44 affect children. 1, Department of Homeland Security U.S.C. 3501–3520). Delegation No. 0170.1(II)(70). 11. Indian Tribal Governments 5. Federalism ■ This proposed rule does not have 2. Revise § 100.720 to read as follows: A rule has implications for federalism tribal implications under Executive § 100.720 Special Local Regulations; under Executive Order 13132, Order 13175, Consultation and Suncoast Super Boat Grand Prix, Gulf of Federalism, if it has a substantial direct Coordination with Indian Tribal Mexico; Sarasota, FL. effect on the States, on the relationship Governments, because it would not have (a) Regulated areas. The following between the national government and a substantial direct effect on one or regulated areas are established as the States, or on the distribution of more Indian tribes, on the relationship special local regulations. All power and responsibilities among the between the Federal Government and coordinates are North American Datum various levels of government. We have Indian tribes, or on the distribution of 1983. analyzed this proposed rule under that power and responsibilities between the (1) Race area. All waters of the Gulf Order and determined that this rule Federal Government and Indian tribes. does not have implications for of Mexico encompassed by a line federalism. 12. Energy Effects connecting the following points: 27°18.19′ N., 82°34.29′ W., thence to This proposed rule is not a 6. Protest Activities 27°17.42′ N., 82°35.00′ W., thence to ‘‘significant energy action’’ under 27°18.61′ N., 82°36.59′ W., thence to The Coast Guard respects the First Executive Order 13211, Actions 27°19.58′ N., 82°35.54′ W., thence back Amendment rights of protesters. Concerning Regulations That to the original point 27°18.19′ N., Protesters are asked to contact the Significantly Affect Energy Supply, 82°34.29′ W. person listed in the FOR FURTHER Distribution, or Use. INFORMATION CONTACT section to (2) Enforcement area. All waters of coordinate protest activities so that your 13. Technical Standards the Gulf of Mexico encompassed by a message can be received without This proposed rule does not use line connecting the following points: ° ′ ° ′ jeopardizing the safety or security of technical standards. Therefore, we did 27 17.87 N., 82 33.93 W., thence to ° ′ ° ′ people, places or vessels. not consider the use of voluntary position 27 16.61 N., 82 34.69 W., ° ′ consensus standards. thence to position 27 18.53 N., 7. Unfunded Mandates Reform Act 82°37.52′ W., thence to position The Unfunded Mandates Reform Act 14. Environment 27°20.04′ N., 82°35.76′ W., thence back of 1995 (2 U.S.C. 1531–1538) requires We have analyzed this proposed rule to the original position 27°17.87′ N., federal agencies to assess the effects of under Department of Homeland 82°33.93′ W. their discretionary regulatory actions. In Security Management Directive 023–01 (3) Spectator area. All waters of particular, the Act addresses actions and Commandant Instruction within the enforcement area that are that may result in the expenditure by a M16475.lD, which guide the Coast more than 500 yards from the race area. State, local, or tribal government, in the Guard in complying with the National (b) Definition. The term ‘‘designated aggregate, or by the private sector of Environmental Policy Act of 1969 representative’’ means Coast Guard $100,000,000 (adjusted for inflation) or (NEPA)(42 U.S.C. 4321–4370f), and Patrol Commanders, including Coast more in any one year. Though this have made a preliminary determination Guard coxswains, petty officers, and proposed rule would not result in such that this action is one of a category of other officers operating Coast Guard expenditure, we do discuss the effects of actions that do not individually or vessels, and Federal, state, and local this rule elsewhere in this preamble. cumulatively have a significant effect on officers designated by or assisting the
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Captain of the Port St. Petersburg in the ACTION: Proposed rule. be publicly available in either location enforcement of the regulated areas. (e.g., CBI). To inspect the hard copy (c) Regulations. (1) All persons and SUMMARY: The Environmental Protection materials, please schedule an vessels are prohibited from entering, Agency (EPA) is proposing to approve appointment during normal business transiting through, anchoring in, or revisions to the Yolo-Solano Air Quality hours with the contact listed in the FOR remaining within the race area unless an Management District (YSAQMD) FURTHER INFORMATION CONTACT section. portion of the California State authorized race participant. FOR FURTHER INFORMATION CONTACT: Implementation Plan (SIP). These (2) Designated representatives may Arnold Lazarus, EPA Region IX, (415) revisions concern volatile organic control vessel traffic throughout the 972–3024, [email protected]. enforcement area as determined by the compound (VOC) emissions from organic solvents cleaning operations. SUPPLEMENTARY INFORMATION: This prevailing conditions. proposal addresses the following local (3) All vessels in the spectator area are We are proposing to rescind and approve local rules to regulate these rules: YSAQMD Rule 1.1 ‘‘General to be anchored or operate at a No Wake Provisions and Definitions,’’ Rule 2.13 Speed. On-scene designated emission sources under the Clean Air Act (CAA or the Act). ‘‘Organic Solvents,’’ Rule 2.15 ‘‘Disposal representatives will direct spectator and Evaporation of Solvents,’’ Rule 2.24 DATES: Any comments on this proposal vessels to the spectator area. ‘‘Solvent Cleaning Operations must arrive by May 28, 2015. (4) All vessel traffic not involved with (Degreasing),’’ and Rule 2.31 ‘‘Solvent the event shall enter and exit Sarasota ADDRESSES: Submit comments, Cleaning and Degreasing.’’ In the Rules Bay via Big Sarasota Pass and stay clear identified by docket number EPA–R09– and Regulations section of this Federal of the enforcement area. OAR–2014–0873 by one of the following Register, we are approving Rule 1.1 and (5) New Pass will be closed to all methods: Rule 2.31 and rescinding Rule 2.13, inbound and outbound vessel traffic at 1. Federal eRulemaking Portal: Rule 2.15 and Rule 2.24, all local rules, the COLREGS Demarcation Line. www.regulations.gov. Follow the on-line in a direct final action without prior Vessels are allowed to utilize New Pass instructions. proposal because we believe these SIP to access all areas inland of the 2. Email: [email protected]. 3. Mail or deliver: Andrew Steckel revisions are not controversial. If we Demarcation Line via Sarasota Bay. New (Air-4), U.S. Environmental Protection receive adverse comments, however, we Pass may be opened at the discretion of Agency Region IX, 75 Hawthorne Street, will publish a timely withdrawal of the the Captain of the Port. San Francisco, CA 94105–3901. direct final rule and address the (6) Persons and vessels may request Instructions: All comments will be comments in subsequent action based authorization to enter, transit through, included in the public docket without on this proposed rule. Please note that anchor in, or remain within the change and may be made available if we receive adverse comment on an regulated areas by contacting the online at www.regulations.gov, amendment, paragraph, or section of Captain of the Port St. Petersburg by including any personal information this rule and if that provision may be telephone at (727) 824–7506, or a provided, unless the comment includes severed from the remainder of the rule, designated representative via VHF radio Confidential Business Information (CBI) we may adopt as final those provisions on channel 16. If authorization is or other information whose disclosure is of the rule that are not the subject of an granted by the Captain of the Port St. restricted by statute. Information that adverse comment. We do not plan to open a second Petersburg or a designated you consider CBI or otherwise protected comment period, so anyone interested representative, all persons and vessels should be clearly identified as such and in commenting should do so at this receiving such authorization must should not be submitted through time. If we do not receive adverse comply with the instructions of the www.regulations.gov or email. comments, no further activity is Captain of the Port St. Petersburg or a www.regulations.gov is an ‘‘anonymous planned. For further information, please designated representative. access’’ system, and EPA will not know see the direct final action. (d) Enforcement period. This section your identity or contact information will be enforced annually the first unless you provide it in the body of Dated: March 30, 2015. Friday, Saturday, and Sunday of July your comment. If you send email Jared Blumenfeld, from 10 a.m. to 5 p.m. EDT daily. directly to EPA, your email address will Regional Administrator, Region IX. Dated: April 2, 2015. be automatically captured and included [FR Doc. 2015–09735 Filed 4–27–15; 8:45 am] G.D. Case, as part of the public comment. If EPA BILLING CODE 6560–50–P Captain, U.S. Coast Guard, Captain of the cannot read your comment due to Port St. Petersburg. technical difficulties and cannot contact [FR Doc. 2015–09860 Filed 4–27–15; 8:45 am] you for clarification, EPA may not be ENVIRONMENTAL PROTECTION AGENCY BILLING CODE 9110–04–P able to consider your comment. Electronic files should avoid the use of special characters, any form of 40 CFR Part 52 ENVIRONMENTAL PROTECTION encryption, and be free of any defects or [EPA–R06–OAR–2012–0098; FRL–9926–92– AGENCY viruses. Region–6] Docket: Generally, documents in the 40 CFR Part 52 docket for this action are available Approval and Promulgation of Air electronically at www.regulations.gov Quality Implementation Plans; Texas; [EPA–R09–OAR–2014–0873; FRL–9926–18– and in hard copy at EPA Region IX, 75 Attainment Demonstration for the Region 9] Hawthorne Street, San Francisco, Dallas/Fort Worth 1997 8-Hour Ozone California 94105–3901. While all Nonattainment Area; Determination of Revisions to the California State Attainment of the 1997 Ozone Standard Implementation Plan, Yolo-Solano Air documents in the docket are listed at Quality Management District www.regulations.gov, some information AGENCY: Environmental Protection may be publicly available only at the Agency (EPA). AGENCY: Environmental Protection hard copy location (e.g., copyrighted ACTION: Proposed rule. Agency (EPA). material, large maps), and some may not
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SUMMARY: The Environmental Protection identity or contact information unless We are also proposing to determine Agency (EPA) is proposing to you provide it in the body of your that the DFW ozone nonattainment area disapprove revisions to the Texas State comment. If you send an email is currently in attainment of the 1997 Implementation Plan (SIP) submitted to comment directly to EPA without going ozone standard based on the most recent meet certain requirements under section through www.regulations.gov your email 3 years of quality-assured air quality 182(c) of the Clean Air Act (CAA or Act) address will be automatically captured data. Certified ambient air monitoring for the Dallas/Fort Worth (DFW) and included as part of the comment data show that the area has monitored nonattainment area under the 1997 8- that is placed in the public docket and attainment of the 1997 ozone NAAQS hour ozone standard. The revisions made available on the Internet. If you for the 2012–2014 monitoring period. address the attainment demonstration submit an electronic comment, EPA This action is also known as a ‘‘Clean submitted on January 17, 2012, by the recommends that you include your Data Determination’’ (see 40 CFR Texas Commission on Environmental name and other contact information in 51.1118). Quality (TCEQ) for the DFW Serious the body of your comment and with any This proposal is based on EPA’s nonattainment area. The EPA is also disk or CD–ROM you submit. If EPA review of complete, quality assured and proposing to determine that the DFW 8- cannot read your comment due to certified ambient air quality monitoring hour ozone nonattainment area is technical difficulties and cannot contact data for the 2010–2012 and 2012–2014 currently attaining the 1997 ozone you for clarification, EPA may not be monitoring periods that are available in National Ambient Air Quality Standard able to consider your comment. the EPA Air Quality System (AQS). The (NAAQS). This determination is based Electronic files should avoid the use of AQS report for these monitors, for 2010 upon certified ambient air monitoring special characters, any form of through 2014, is provided in the docket data that show the area has monitored encryption, and be free of any defects or for this rulemaking. attainment of the 1997 ozone NAAQS viruses. II. Our Action Under Section 182(c) of for the 2012–2014 monitoring period. If Docket: The index to the docket for the CAA (the Serious Area this proposed determination is made this action is available electronically at Requirements) final, the requirements for this area to www.regulations.gov and in hard copy submit an attainment demonstration, a at EPA Region 6, 1445 Ross Avenue, A. Background reasonable further progress (RFP) plan, Suite 700, Dallas, Texas. While all 1. The National Ambient Air Quality contingency measures, and other documents in the docket are listed in Standards planning SIPs related to attainment of the index, some information may be Section 109 of the CAA requires the the 1997 ozone NAAQS shall be publicly available only at the hard copy EPA to establish NAAQS for pollutants suspended for so long as the area location (e.g., copyrighted material), and that may reasonably be anticipated to continues to attain the 1997 ozone some may not be publicly available at endanger public health and welfare and NAAQS. This proposed action is either location (e.g., CBI). to develop a primary and secondary consistent with the requirements of FOR FURTHER INFORMATION CONTACT: Ms. standard for each NAAQS. The primary section 110 and part D of the CAA. Carrie Paige, telephone (214) 665–6521, standard is designed to protect human DATES: Comments must be received on email address [email protected]. To health with an adequate margin of safety or before May 28, 2015. inspect the hard copy materials, please and the secondary standard is designed ADDRESSES: Submit your comments, contact Ms. Paige or Mr. Bill Deese at to protect public welfare. The EPA has identified by Docket No. EPA–R06– (214) 665–7253. set NAAQS for six common air OAR–2012–0098, by one of the SUPPLEMENTARY INFORMATION: pollutants, also referred to as criteria following methods: pollutants: Carbon monoxide, lead, • Throughout this document, ‘‘we,’’ ‘‘us,’’ www.regulations.gov. Follow the and ‘‘our’’ means EPA. nitrogen dioxide, ozone, particulate on-line instructions. matter, and sulfur dioxide. These • Email: Ms. Carrie Paige at Table of Contents standards present state and local [email protected]. governments with the minimum air • I. What is the EPA proposing? Mail or delivery: Mr. Guy II. Our Action Under Section 182(c) of the quality levels they must meet to comply Donaldson, Chief, Air Planning Section CAA (the Serious Area Requirements) with the Act. (6PD–L), Environmental Protection A. Background Agency, 1445 Ross Avenue, Suite 1200, B. What is the EPA proposing to 2. What is a State Implementation Plan? Dallas, Texas 75202–2733. disapprove? The SIP is a plan for clean air, Instructions: Direct your comments to C. What are the consequences of a required by section 110 and other Docket No. EPA–R06–OAR–2012–0098. disapproved SIP? provisions of the CAA. The Act requires EPA’s policy is that all comments III. Our Action Under the Clean Data states to develop air pollution Determination received will be included in the public A. Background regulations and control strategies to docket without change and may be B. EPA’s Analysis of the Relevant Air ensure that for each area designated made available online at Quality Data nonattainment for a NAAQS, state air www.regulations.gov, including any IV. Proposed Action quality will improve and meet the personal information provided, unless V. Statutory and Executive Order Reviews NAAQS established by the EPA. A SIP the comment includes information is a set of air pollution regulations, I. What is the EPA proposing? claimed to be Confidential Business control strategies, other means or Information (CBI) or other information The EPA is proposing to disapprove techniques, and technical analyses whose disclosure is restricted by statute. Texas’s 8-hour ozone attainment developed by the state, to ensure that Do not submit information that you demonstration for the DFW Serious the state meets the NAAQS. A SIP consider to be CBI or otherwise nonattainment area because the area protects air quality primarily by protected through www.regulations.gov failed to attain the 1997 ozone NAAQS addressing air pollution at its point of or email. The www.regulations.gov Web by the June 15, 2013 attainment date. origin. A SIP can be extensive, site is an ‘‘anonymous access’’ system, EPA’s analysis and findings are containing state regulations or other which means EPA will not know your discussed in this proposed rulemaking. enforceable documents, and supporting
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information such as emissions 23951). However, the DFW area failed to plan and found that the State has inventories, monitoring networks, and attain the 1997 ozone standard by June fulfilled the CAA requirements for modeling demonstrations. When a state 15, 2010, and was accordingly enhanced ambient monitoring and the makes changes to the regulations and reclassified as a Serious ozone CFFPs (see 79 FR 67068). On March 27, control strategies in its SIP, such nonattainment area with an attainment 2015, the EPA approved the portion of revisions must be submitted to the EPA date of no later than June 15, 2013 (75 the January 17, 2012 submittal that for approval and incorporation into the FR 79302, December 20, 2010). addresses the RACT requirements (see federally-enforceable SIP. Following reclassification to Serious, 80 FR 16291). the State submitted a revised attainment 3. What is ozone and what is the 1997 B. What is the EPA proposing to plan for the DFW area dated January 17, 8-hour ozone standard? disapprove? 2012. The area failed to attain the 1997 Ozone is a gas composed of three ozone standard by June 15, 2013, and in We are proposing to disapprove the oxygen atoms. Ground-level ozone is a separate rulemaking, the EPA DFW Serious area attainment generally not emitted directly from a proposed to determine that the area did demonstration because it was not vehicle’s exhaust or an industrial not attain the standard by the adequate for the area to attain the 1997 smokestack, but is created by a chemical attainment date and to reclassify the ozone standard by its attainment date. reaction between volatile organic area to Severe (see 80 FR 8274, February Because we are disapproving the compounds (VOCs) and oxides of 17, 2015). attainment demonstration, we must also nitrogen (NOX) in the presence of disapprove the associated RACM sunlight.1 Ozone is known primarily as 5. What is an attainment demonstration? analysis and MVEBs that are included a summertime air pollutant. Motor In general, an attainment within that attainment demonstration. vehicle exhaust and industrial demonstration shows how an area will Under the Act’s RACM requirements, a emissions, gasoline vapors, chemical achieve the standard as expeditiously as State must implement all reasonable solvents and natural sources emit NOX practicable, but no later than the measures. EPA relates this requirement and VOCs. Urban areas tend to have attainment date specified for its to the attainment demonstration by high concentrations of ground-level classification. A typical attainment interpreting the requirement to call for ozone, but areas without significant demonstration is made with the use of any reasonable measures be industrial activity and with relatively air quality models that simulate the implemented that would accelerate low vehicular traffic are also subject to changes of pollutant concentrations in attainment of the standard. Because of increased ozone levels because wind the atmosphere encompassing the the relationship to the attainment carries ozone and its precursors nonattainment area and thus is an demonstration, the RACM analysis 2 hundreds of miles from their sources. estimate.4 As a part of this showing, the cannot be approved. Finally, approvable On July 18, 1997, the EPA demonstration should simulate MVEBs must be consistent with an promulgated an 8-hour ozone NAAQS projected emissions growth due to approvable attainment plan. of 0.08 parts per million (ppm), known factors such as population growth and 3 as the 1997 ozone standard. See 62 FR pollution reductions due to imposition C. What are the consequences of a 38856 and 40 CFR 50.10. Under EPA of controls. disapproved SIP? regulations at 40 CFR part 50, Appendix This section explains the 6. What did the state submit? I, the 1997 ozone standard is attained consequences of disapproval of a SIP when the 3-year average of the annual The TCEQ’s January 17, 2012 that addresses a mandatory requirement fourth highest daily maximum 8-hour attainment demonstration submittal for under the CAA. The CAA stipulates the average ambient ozone concentration is the DFW Serious nonattainment area imposition of sanctions and the less than or equal to 0.08 ppm. included air quality modeling and a promulgation of a federal 4. The DFW Nonattainment Area and Its weight-of-evidence analysis in which implementation plan (FIP) if EPA Current Nonattainment Classification the state purported that the area would disapproves a required plan submission Under the 1997 Ozone Standard attain by the area’s attainment date of and the deficiency is not corrected June 13, 2013; Motor Vehicle Emissions On April 30, 2004, the EPA within the relevant timeframe. Budgets (MVEBs) for transportation designated and classified the 9-county conformity purposes; an analysis for 1. What are the Act’s provisions for DFW area (consisting of Collin, Dallas, Reasonably Available Control Measures sanctions? Denton, Ellis, Johnson, Kaufman, (RACM); an analysis for Reasonably Parker, Rockwall and Tarrant counties) If the EPA disapproves a required SIP Available Control Technology (RACT); as a Moderate nonattainment area under or component(s) of a required SIP, and a contingency plan. In addition, as the 1997 ozone standard with an section 179(a) of the Act provides for part of the submission, the state attainment date of no later than June 15, the imposition of sanctions unless the 2010 (see 69 FR 23858 and 69 FR addressed the CAA requirements for deficiency is corrected within 18 enhanced ambient monitoring and the months of the effective date of the final
1 clean-fuel fleet programs (CFFPs) at disapproval. The imposition of VOC and NOX are often referred to as ‘‘precursors’’ to ozone formation. section 182(c) of the Act. On November sanctions would be stayed if the state 2 For additional information on ozone, please 12, 2014, the EPA approved the RFP submits a SIP for which the EPA visit www.epa.gov/groundlevelozone. plan for the DFW Serious nonattainment proposes full or conditional approval 3 On March 27, 2008 (73 FR 16436), the EPA area 5 and the associated contingency promulgated a revised 8-hour ozone NAAQS of and sanctions would not apply or would 0.075 ppm, known as the 2008 ozone standard. On be lifted once EPA approves a SIP April 30, 2012, the EPA promulgated designations 4 For more information regarding an attainment correcting the deficiency. Additionally, under the 2008 ozone standard (77 FR 30088) and demonstration, please see the General Preamble for if EPA finalizes a clean data in that action, the EPA designated 10 counties in the Implementation of Title I of the CAA the DFW area as a Moderate ozone nonattainment Amendments of 1990 at 57 FR 13498, 13510 (April determination (CDD) for the area within area: Collin, Dallas, Denton, Ellis, Johnson, 16, 1992); 40 CFR 51.112; and 40 CFR 51.908. Kaufman, Parker, Rockwall, Tarrant, and Wise. The 5 Separately on January 17, 2012, the TCEQ That submittal and EPA’s action are available at EPA’s actions herein do not address the DFW submitted the RFP plan, with contingency www.regulations.gov, docket number EPA–R06– nonattainment area for the 2008 ozone standard. measures, for the DFW Serious nonattainment area. OAR–2012–0099.
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the 18 months, the sanctions clocks will 4. What are the ramifications regarding section 107(d)(3)(E) of the Act, and if be tolled so long as the area remains conformity? EPA determines that the area clean. If the deficiency is not corrected In an attainment demonstration SIP subsequently violates the standard, that within such timeframe and no CDD is the state addresses, among other issues, suspension of the requirement to submit finalized, the first sanction would apply transportation conformity. Conformity the attainment planning SIP provisions 18 months after the EPA’s disapproval to a SIP means that transportation is lifted, and those requirements are of the SIP is effective. Under the EPA’s activities will not produce new air once again due. Even though EPA has sanctions regulations at 40 CFR 52.31, quality violations, worsen existing finalized revocation of the 1997 eight- the first sanction would be an offset violations, or delay timely attainment of hour ozone NAAQS, under 40 CFR ratio of 2:1 for sources subject to the the NAAQS. Conformity is required by 51.1118, an area remains subject to the new source review requirements under section 176(c) of the Act for ensuring obligations for a revoked NAAQS under section 173 of the Act. The second that the effects of emissions from all on- 40 CFR 51, Appendix S to Subpart AA, sanction would apply 24 months after road sources are consistent with Section VII(A) until either (i) the area is the effective date of the final attainment of the standard. The federal redesignated to attainment for the 2008 disapproval, unless the deficiency is conformity rules at 40 CFR 93.120 ozone NAAQS; or (ii) the EPA approves corrected by that time. The second require the implementation of a a demonstration for the area in a sanction is a limitation on the use of conformity freeze when the EPA redesignation substitute procedure for a federal highway funds as provided by disapproves an attainment revoked NAAQS per the provisions of section 179(b)(1) of the Act. The EPA demonstration SIP. A conformity freeze § 51.1105(b). Under this redesignation also has authority under CAA section can affect an area’s long range substitute procedure for a revoked 110(m) to sanction a broader area, but is transportation plans and transportation NAAQS, and for this limited anti- not proposing to take such action in improvement programs (TIPs). However, backsliding purpose, the demonstration today’s rulemaking. EPA’s final rule addressing SIP must show that the area has attained that revoked NAAQS due to permanent 2. What are the Act’s provisions for a requirements under the 2008 ozone and enforceable emission reductions Federal Implementation Plan? standard and revoking the 1997 ozone standard for all purposes, including and that the area will maintain that In addition to sanctions, if the EPA revoked NAAQS for 10 years from the disapproves the required SIP revision, transportation conformity, became effective on April 6, 2015 (see 80 FR date of EPA’s approval of this showing. or a portion thereof, section 110(c)(1) of We also note that the Clean Data 12264). Therefore, no conformity freeze the Act provides that the EPA must Determination does not constitute a will occur for the DFW area upon a final promulgate a FIP no later than 2 years Determination of Attainment by an disapproval (see 80 FR 12264, 12284). from the effective date of the Area’s Attainment Date under sections disapproval if the deficiency has not III. Our Action Under the Clean Data 179(c) and 181(b)(2) of the Act. been corrected within that time period. Determination The deficiency would be corrected if the B. EPA’s Analysis of the Relevant Air A. Background Quality Data state submits and EPA approves a SIP correcting the deficiency. If EPA’s determination that the area is For ozone, an area is considered to be currently attaining the eight-hour ozone attaining the 1997 ozone NAAQS if 3. What action would stop the standard is finalized, 40 CFR 51.1118 of there are no violations, as determined in imposition of sanctions and a FIP? EPA’s ozone implementation rule accordance with 40 CFR part 50, based The State must address the deficiency provides that the requirements for the on three complete, consecutive calendar forming the basis of the disapproval. States to submit certain RFP plans, years of quality-assured air quality The sanctions and FIP clocks would attainment demonstrations, contingency monitoring data. Under EPA regulations also stop (or any imposed sanctions measures and any other attainment at 40 CFR part 50, the 1997 ozone would be lifted) if the area attains the planning requirements of the CAA standard is attained when the 3-year 1997 ozone standard and EPA approves related to attainment of that standard average of the annual fourth-highest a redesignation substitute for the 1997 shall be suspended for as long as the daily maximum 8-hour average ozone ozone NAAQS.6 Alternatively, if EPA area continues to attain the standard. concentrations at an ozone monitor is finalizes the Clean Data Determination However, a CDD does not constitute a less than or equal to 0.08 parts per (CDD) it is proposing in this action, the redesignation to attainment under million (ppm), (i.e., 0.084 ppm, when sanctions clock and EPA’s obligation to rounding, based on the truncating promulgate an attainment of attainment would suspend the obligation to conventions in 40 CFR part 50, demonstration FIP would be tolled for submit attainment planning SIP elements for the Appendix P). This 3-year average is 7 2008 ozone NAAQS. Such a determination would referred to as the design value. When so long as the CDD remains in place. suspend the obligation to submit any attainment- related SIP elements not yet approved in the SIP, the design value is less than or equal to 6 In EPA’s final rule to implement SIP for so long as the area continues to attain the 2008 0.084 ppm at each monitor within the requirements under the 2008 ozone standard (the ozone NAAQS. In addition, the EPA replaced 40 area, then the area is meeting the SIP requirements rule or SRR), among other things, CFR 51.918 with 40 CFR 51.1118 to consolidate in NAAQS. Also, the data completeness we revoked the 1997 ozone standard and finalized one regulation a comprehensive provision a redesignation substitute procedure for a revoked applicable to determinations of attainment for the requirement is met when the average standard. See 80 FR 12264, March 6, 2015 and 40 current and former ozone NAAQS. Thus, 40 CFR percent of days with valid ambient CFR 51.1105(b). Under this redesignation substitute 51.1118 will apply to a determination of attainment monitoring data is greater than or equal procedure for a revoked NAAQS, the demonstration that is made with respect to any revoked or current to 90%, and no single year has less than must show that the area has attained that revoked ozone NAAQS—the 1-hour, the 1997 or the 2008 NAAQS due to permanent and enforceable ozone NAAQS. Accordingly, a final CDD would 75% data completeness as determined emission reductions and that the area will maintain suspend the duty to submit the Serious area SIP in Appendix P of 40 CFR part 50. The that revoked NAAQS for 10 years from the date of revisions and the sanctions and FIP clocks. data must be collected and quality- EPA’s approval of this showing. However, should the area violate the 1997 ozone assured in accordance with 40 CFR part 7 In the SRR, the EPA finalized the same approach standard after the CDD is finalized, the EPA would with respect to the Clean Data Policy for the 2008 rescind the CDD and the sanctions and FIP clocks 58, and recorded in the EPA Air Quality ozone NAAQS as it applied in the Phase 1 Rule for would resume. See 80 FR 12264, 12296 and 12317 System (AQS). The monitors generally the 1997 ozone NAAQS. That is, a determination and 40 CFR 51.1118. should have remained at the same
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location for the duration of the 2014 ozone season data for all the ozone DFW area is attaining the 1997 ozone monitoring period required for monitors in the DFW area have been NAAQS. demonstrating attainment. For ease of quality assured and certified by the Table 1 shows the fourth-highest daily communication, many reports of ozone EPA. The design value for 2012–2014 is maximum 8-hour average ozone concentrations are given in parts per 81 ppb. At the time of this writing, the concentrations for the DFW billion (ppb); ppb = ppm × 1,000. Thus, preliminary ozone data for 2015 are nonattainment area monitors for the 0.084 ppm equals 84 ppb. posted on the TCEQ Web site, but are years 2012–2014. (To find the overall The EPA reviewed the DFW area not yet posted in AQS.8 The data for the design value for the area for a given ozone monitoring data from ambient three ozone seasons 2012–2014, and year, simply find the highest design ozone monitoring stations for the ozone preliminary data for 2015, show that the value from any of the 17 monitors for seasons 2012 through 2014. The 2012– that year.)
TABLE 1—THE DFW AREA FOURTH HIGH 8-HOUR OZONE AVERAGE CONCENTRATIONS AND DESIGN VALUES (PPM) FOR 2012–2014
4th Highest daily max Site name and No. Design value 2012 2013 2014 (2012–2014)
Fort Worth Northwest, 48–439–1002 ...... 0.077 0.084 0.079 0.080 Keller, 48–439–2003 ...... 0.079 0.080 0.074 0.077 Frisco, 48–085–0005...... 0.084 0.078 0.074 0.078 Midlothian OFW, 48–139–0016 ...... 0.078 0.075 0.062 0.071 Denton Airport South, 48–121–0034 ...... 0.081 0.085 0.077 0.081 Arlington Municipal Airport, 48–439–3011 ...... 0.092 0.068 0.065 0.075 Dallas North No. 2, 48–113–0075 ...... 0.086 0.077 0.070 0.077 Rockwall Heath, 48–397–0001 ...... 0.080 0.073 0.066 0.073 Grapevine Fairway, 48–439–3009 ...... 0.086 0.083 0.073 0.080 Kaufman, 48–257–0005...... 0.073 0.075 0.062 0.070 Eagle Mountain Lake, 48–439–0075 ...... 0.087 0.077 0.073 0.079 Parker County, 48–367–0081 ...... 0.076 0.074 0.072 0.074 Cleburne Airport, 48–251–0003...... 0.082 0.077 0.071 0.076 Dallas Hinton St., 48–113–0069 ...... 0.087 0.081 0.066 0.078 Dallas Executive Airport, 48–113–0087 ...... 0.085 0.074 0.062 0.073 Pilot Point, 48–121–1032 ...... 0.078 0.084 0.075 0.079 Italy, 48–139–1044 ...... 0.071 0.072 0.060 0.067
As shown in Table 1, the 8-hour ozone its June 15, 2013 attainment date, and A. Executive Order 12866: Regulatory design value for 2012–2014, which is thus we have determined that the plan Planning and Review and Executive based on a three-year average of the was insufficient to demonstrate Order 13563: Improving Regulation and fourth-highest daily maximum average attainment by the attainment date. The Regulatory Review ozone concentration at the monitor EPA is also proposing to determine that recording the highest concentrations, is This proposed action is not a the DFW 8-hour ozone nonattainment ‘‘significant regulatory action’’ under 81 ppb, which meets the 1997 ozone area is currently attaining the 1997 NAAQS. Data for 2015 not yet certified the terms of Executive Order 12866 (58 ozone NAAQS. This determination is FR 51735, October 4, 1993) and is also indicate that the area continues to based upon certified ambient air attain the 1997 ozone NAAQS. The AQS therefore not subject to review under monitoring data that show the area has data reports for the DFW area for the Executive Orders 12866 and 13563 (76 monitored attainment of the 1997 ozone three years 2012 through 2014 and a FR 3821, January 21, 2011). NAAQS for the 2012–2014 monitoring technical support document are B. Paperwork Reduction Act included in the docket for this period. rulemaking. V. Statutory and Executive Order This proposed action does not impose an information collection burden under Reviews IV. Proposed Action the provisions of the Paperwork The EPA is proposing to disapprove Under the CAA, the Administrator is Reduction Act, 44 U.S.C. 3501 et seq., certain elements of the attainment required to approve a SIP submission because this proposed SIP disapproval demonstration SIP submitted by the that complies with the provisions of the under section 110 and subchapter I, part TCEQ for the DFW Serious ozone Act and applicable Federal regulations. D of the CAA will not in-and-of itself nonattainment area under the 1997 8- 42 U.S.C. 7410(k); 40 CFR 52.02(a). create any new information collection hour ozone NAAQS. Specifically, we Thus, in reviewing SIP submissions, burdens but simply disapproves certain are proposing to disapprove the EPA’s role is to act on state law as State requirements for inclusion into the SIP. Burden is defined at 5 CFR attainment demonstration, the meeting Federal requirements and does demonstration for RACM, and the 1320.3(b). not impose additional requirements attainment demonstration MVEBs for beyond those imposed by state law. C. Regulatory Flexibility Act 2012. The EPA is proposing to disapprove these SIP revisions because The Regulatory Flexibility Act (RFA) the area failed to attain the standard by generally requires an agency to conduct
8 See http://www.tceq.texas.gov/agency/data/ ozone_data.html.
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a regulatory flexibility analysis of any private sector. This action proposes to economically significant regulatory rule subject to notice and comment disapprove pre-existing requirements action based on health or safety risks rulemaking requirements unless the under State or local law, and imposes subject to Executive Order 13045 (62 FR agency certifies that the rule will not no new requirements. Accordingly, no 19885, April 23, 1997). This proposed have a significant economic impact on additional costs to State, local, or tribal SIP disapproval under section 110 and a substantial number of small entities. governments, or to the private sector, subchapter I, part D of the CAA will not Small entities include small businesses, result from this action. in-and-of itself create any new small not-for-profit enterprises, and regulations but simply disapproves E. Executive Order 13132, Federalism small governmental jurisdictions. For certain State requirements for inclusion purposes of assessing the impacts of Executive Order 13132, entitled into the SIP. today’s rule on small entities, small ‘‘Federalism’’ (64 FR 43255, August 10, H. Executive Order 13211, Actions That entity is defined as: (1) A small business 1999), requires EPA to develop an as defined by the Small Business accountable process to ensure Significantly Affect Energy Supply, Administration’s (SBA) regulations at 13 ‘‘meaningful and timely input by State Distribution or Use CFR 121.201; (2) a small governmental and local officials in the development of This proposed action is not subject to jurisdiction that is a government of a regulatory policies that have federalism Executive Order 13211 (66 FR 28355, city, county, town, school district or implications.’’ ‘‘Policies that have May 22, 2001) because it is not a special district with a population of less federalism implications’’ is defined in significant regulatory action under than 50,000; and (3) a small the Executive Order to include Executive Order 12866. organization that is any not-for-profit regulations that have ‘‘substantial direct effects on the States, on the relationship I. National Technology Transfer and enterprise which is independently Advancement Act owned and operated and is not between the national government and dominant in its field. the States, or on the distribution of Section 12(d) of the National After considering the economic power and responsibilities among the Technology Transfer and Advancement impacts of today’s proposed rule on various levels of government.’’ Act of 1995 (‘‘NTTAA’’), Public Law small entities, I certify that this action This proposed action does not have 104–113, section 12(d) (15 U.S.C. 272 will not have a significant impact on a federalism implications. It will not have note) directs EPA to use voluntary substantial number of small entities. substantial direct effects on the States, consensus standards in its regulatory This rule does not impose any on the relationship between the national activities unless to do so would be requirements or create impacts on small government and the States, or on the inconsistent with applicable law or entities. This proposed SIP disapproval distribution of power and otherwise impractical. Voluntary under section 110 and subchapter I, part responsibilities among the various consensus standards are technical D of the CAA will not in-and-of itself levels of government, as specified in standards (e.g., materials specifications, create any new requirements but simply Executive Order 13132, because it test methods, sampling procedures, and disapproves certain State requirements merely disapproves certain State business practices) that are developed or for inclusion into the SIP. Accordingly, requirements for inclusion into the SIP adopted by voluntary consensus it affords no opportunity for EPA to and does not alter the relationship or standards bodies. NTTAA directs EPA fashion for small entities less the distribution of power and to provide Congress, through OMB, burdensome compliance or reporting responsibilities established in the CAA. explanations when the Agency decides requirements or timetables or Thus, Executive Order 13132 does not not to use available and applicable exemptions from all or part of the rule. apply to this action. voluntary consensus standards. The fact that the CAA prescribes that The EPA believes that this proposed various consequences (e.g., higher offset F. Executive Order 13175, Coordination action is not subject to requirements of requirements) may or will flow from With Indian Tribal Governments Section 12(d) of NTTAA because this disapproval does not mean that The SIP is not approved to apply on application of those requirements would EPA either can or must conduct a any Indian reservation land or in any be inconsistent with the CAA. regulatory flexibility analysis for this other area where EPA or an Indian tribe J. Executive Order 12898: Federal action. Therefore, this action will not has demonstrated that a tribe has Actions To Address Environmental have a significant economic impact on jurisdiction. In those areas of Indian Justice in Minority Populations and a substantial number of small entities. country, this proposed action does not Low-Income Populations We continue to be interested in the have tribal implications and will not potential impacts of this proposed rule impose substantial direct costs on tribal Executive Order 12898 (59 FR 7629, on small entities and welcome governments or preempt tribal law as February 16, 1994) establishes federal comments on issues related to such specified by Executive Order 13175 (65 executive policy on environmental impacts. FR 67249, November 9, 2000). justice. Its main provision directs federal agencies, to the greatest extent D. Unfunded Mandates Reform Act G. Executive Order 13045, Protection of practicable and permitted by law, to This action contains no Federal Children From Environmental Health make environmental justice part of their mandates under the provisions of Title Risks and Safety Risks mission by identifying and addressing, II of the Unfunded Mandates Reform EPA interprets Executive Order 13045 as appropriate, disproportionately high Act of 1995 (UMRA), 2 U.S.C. 1531– (62 FR 19885, April 23, 1997) as and adverse human health or 1538 for State, local, or tribal applying only to those regulatory environmental effects of their programs, governments or the private sector.’’ EPA actions that concern health or safety policies, and activities on minority has determined that the proposed risks, such that the analysis required populations and low-income disapproval action does not include a under section 5–501 of the Executive populations in the United States. Federal mandate that may result in Order has the potential to influence the EPA lacks the discretionary authority estimated costs of $100 million or more regulation. This proposed action is not to address environmental justice in this to either State, local, or tribal subject to Executive Order 13045 proposed action. In reviewing SIP governments in the aggregate, or to the because it because it is not an submissions, EPA’s role is to approve or
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disapprove state choices, based on the FOR FURTHER INFORMATION CONTACT: If limitations, and freeboard assignment as criteria of the CAA. Accordingly, this you have questions on this notice, for the Burns Harbor route. Barges more action merely proposes to disapprove contact Mr. Thomas Jordan, Naval than 10 years old are required to have certain State requirements for inclusion Architecture Division (CG–ENG–2), U.S. an initial dry-dock inspection to verify into the SIP under section 110 and Coast Guard Headquarters, at telephone the material condition of the hull, but a subchapter I, part D of the CAA and will 202–372–1370, or by email at newer barge could obtain the special LL not in-and-of itself create any new [email protected]. If you have provided it passed an initial afloat requirements. Accordingly, it does not questions on viewing or submitting inspection by the American Bureau of provide EPA with the discretionary material to the docket, call Cheryl Shipping (ABS). All barges were subject authority to address, as appropriate, Collins, Program Manager, Docket to annual ABS inspections to verify that disproportionate human health or Operations, telephone 202–366–9826. they were being maintained in a environmental effects, using practicable All Federal Register notices, public seaworthy condition. Tows are limited and legally permissible methods, under comments, and other documents cited to three barges, and the towing vessel Executive Order 12898. in this notice may be viewed in the on- must be least 1,000 HP. line docket at www.regulations.gov Milwaukee route risk assessment K. Statutory Authority (enter docket number ‘‘USCG–2014– study: However, the towing industry The statutory authority for this action 0954’’ in the search box). still considered the cost of the special is provided by section 110 of the CAA, SUPPLEMENTARY INFORMATION: LL assignment to be too prohibitive for as amended (42 U.S.C. 7410). establishing river barge service to Regulatory History and Background: Milwaukee. Accordingly, in 2000, the List of Subjects in 40 CFR Part 52 The purpose of a load line (LL) Port of Milwaukee organized a risk Environmental protection, Air assignment is to ensure that a vessel is assessment (RA) working group that pollution control, Incorporation by seaworthy for operation on exposed included port officials, towing & barge reference, Intergovernmental relations, coastal and offshore waters, including companies, and terminal operators (the Ozone, Reporting and recordkeeping the Great Lakes. In general, LL Risk Assessment report can be viewed requirements, Volatile organic assignment requires that vessels are on-line in the docket). The RA group compounds. robustly constructed, fitted with reviewed meteorological information Dated: April 17, 2015. watertight and weathertight closures, and evaluated the viability of the ports and are inspected annually to ensure of refuge along the route, and concluded Ron Curry, that they are being maintained in a that restricting the age of eligible rivers Regional Administrator, Region 6. seaworthy condition. (A more-detailed barges to 10 years, in conjuction with [FR Doc. 2015–09901 Filed 4–27–15; 8:45 am] discussion of LL assignment is given in self-inspection and self-certication by BILLING CODE 6560–50–P our previous Notice of Availability, 79 barge owners/operators, provided the FR 30061 on May 27, 2014.) same level of seaworthiness assurance Because river barges are not typically as LL assignment by ABS. DEPARTMENT OF HOMELAND constructed to the required hull strength The RA meetings were attended by SECURITY standards for load line assignment, nor USCG representatives, and the subject to the same periodic inspections, recommendations were reviewed by the Coast Guard they are not normally allowed to operate Ninth Coast Guard District, which on the Great Lakes. However, certain endorsed them. The Milwaukee route 46 CFR Part 45 river barges are allowed on carefully- exemption went into effect in 2002. [Docket No. USCG–2013–0954] evaluated routes, under restricted Muskegon route: Meanwhile, in 1996, conditions as follows. There are the special LL regime for the Milwaukee Special Load Line Exemption for Lake currently three such routes on Lake route was extended along the eastern Michigan/Muskegon Route: Petition for Michigan: shore of Lake Michigan to Muskegon, a Rulemaking Burns Harbor route: In 1985, a LL- distance of 119 NM beyond Burns exempted route was established along Harbor. River barges can still operate as AGENCY: Coast Guard, DHS. the southern shore of Lake Michigan to far as Burns Harbor without any LL, but ACTION: Notice of decision. allow river barges to operate under fair must obtain the special LL to proceed weather conditions between Calumet beyond that point to Muskegon. SUMMARY: On May 27, 2014, the Coast (Chicago), IL, and Burns Harbor, IN, a Recognizing the longer distance and Guard published a Notice of Availability distance of 27 nautical miles (NM), with more severe weather conditions on the and Request for Public Comment several ports of refuge along the way eastern side of Lake Michigan, there regarding a petition for a rulemaking (the longest distance between them is were some additional requirements action. The petition requested that the just 11 NM). The tows must remain pertaining to the towing vessel. Coast Guard establish a load line- within 5 NM of shore, and the barges are Because the Muskegon route was not exempted route on Lake Michigan, prohibited from carrying liquid or evaluated as part of the Milwaukee risk along the eastern coast to Muskegon, MI. hazardous cargoes, and must have a assessment study, it was not included in Upon review of the comments as well as minimum freeboard of 24 inches. the exemption. analysis of safety considerations and Milwaukee route: In 1992, a special Petition for LL exemption on the other factors described in the discussion LL regime was established along the Muskegon route: In October 2013, the section, the Coast Guard has decided western shore of Lake Michigan, Coast Guard received two letters not to proceed with the requested between Calumet and Milwaukee, WI, a requesting that we establish a load line rulemaking. The public comments, and distance of 92 NM (the longest distance exemption for river barges on the the Coast Guard’s reasoning for its between ports of refuge is 33 NM). This Muskegon route. The basis for the decision, are discussed in this notice. special LL regime revised the normal request was that the LL requirements DATES: The petition for rulemaking robust construction requirements for a (route restrictions and load line published on May 27, 2014 (79 FR Great Lakes LL, in conjunction with inspection requirements) were 30061) is denied. similar cargo restrictions, weather preventing Michigan from transporting
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agricultural products on river barges via which shut down the Toledo municipal evaluations conducted during the Mississippi-Illinois River system. water supply for several days. consideration of the earlier exempted or In response to the petition request, the Other opposing comments expressed conditional load line routes noted that Coast Guard opened a public docket concern that the route would cause the the prevailing weather patterns on the USCG–2014–0954 and published a spread of Asian carp and/or other eastern side of Lake Michigan are Notice of Availability and Request for invasive species from the Mississippi generally more severe than the western Public Comment (79 FR 30061, May 27, River system. side. The survey/certification 2014) with a 90-day comment period. From a vessel safety perspective, requirements in the existing special LL The comment period closed on August several opposing commenters stated that regime provide an additional, necessary 25, 2014. the eastern side of Lake Michigan has safety net to account for risks associated the most unpredictable weather and is with severe weather. An exemption Discussion of Comments the most-exposed. One commenter from the special LL regime could be In response to the notice, 92 pointed out that the voyage distance to detrimental to safety. comments were posted in the docket, Muskegon was approximately 114 Ports-of-refuge: the Muskegon route submitted by 42 individuals, 16 miles, which would take 16 to 23 hours, extends approximately 119 NM beyond commercial companies (mostly more than enough time (in their Burns Harbor. There are three large agricultural-associated), several trade opinion) for the weather to change harbors along the route (St. Joseph, associations, resolutions signed by unexpectedly. Another commenter (an Holland, and Grand Haven), and two various Michigan municipal experienced Lake tug & barge operator) smaller harbors that might be suitable organizations as well as state and stated that attempting to get a string of ports-of-refuge. However, the current Congressional representatives. All three barges into any of the ports-of- viability of these harbors has not been comments can be viewed on-line in the refuge under adverse weather verified (Army Corps of Engineering fact docket. conditions would be very difficult and sheets for these ports mention that To summarize, the comments fall into risky; they felt that the tug master would several of them have experienced three categories: be more likely to take a chance and try channel shoaling due to winter storms Supportive: 59 comments supported to ride out the weather on the open Lake and Hurricane Sandy). Furthermore, the the petition on general principles. They rather than risk entry into a refuge, thus intermediate distance between Burns commented on the potential economic exposing river barges to storm Harbor and St. Joseph is 41 NM, and benefits, such as reduced shipping costs conditions and increasing the likelihood between St. Joseph and Holland is 47 for northbound cargoes (fertilizer was of a casualty. NM. These distances are much longer Conditionally supportive, or than the longest intermediate distance mentioned) and southbound cargoes concerned: 10 commenters either on the Milwaukee route (33 NM). The (grain), as well as employment/job expressed conditional support for the availability of and distance to a port of creation. However, none of these petition provided that the safe refuge is a critical element in the comments included any specific details environmental risks were addressed, or evaluation of load line conditional or or estimates with respect to shipment simply expressed their concerns about exempted routes. The ability to reach a costs, cargo volumes, employment possible adverse effects (without clearly port of safe refuge is important if levels, etc. supporting or opposing the petition). unexpected weather or damage causes One supportive commenter reported the need to seek safety from the open Discussion of Decision that a local steel fabricator could not Lake. compete on a contract for steel tanks Upon review of the petition itself and Economic benefits: Although several that could have been transported by a the docket comments, the Coast Guard comments suggested that further non-LL river barge from Muskegon for has decided to deny the rulemaking reductions/relaxation of certain loadline downriver delivery to the Gulf of petition. The Coast Guard will not requirements could result in economic, Mexico. Because of the extra cost of amend the regulations to provide for the operational benefits. These economic using a LL barge to get the steel tanks requested route exemption, for reasons benefits have not been quantified and to Calumet and then transhipping it discussed below. may be offset by the costs associated onto a river barge, the company could The Coast Guard recognizes that there with other safety requirements not compete. are similarities between the two Lake necessary to protect river barges Another supportive comment Michigan routes, which invites operating along this exposed route, for mentioned the impending shut-down of comparison between the LL-exempted example, costs associated with the B. C. Cobb power plant in Milwaukee route and the LL-required complying with mandatory maximum Muskegon, which burns 640,000 tons of Muskegon route. For example, barges on age-restrictions on the barges, similar to coal per year, delivered by Lake both routes are built to the same the Milwaukee route. As such, the Coast freighters. Without the annual tonnage structural (river-service) standards and Guard is unable to verify the claims of of coal delivery, the port would no subject to the same level of weather economic benefits. The existing special longer qualify for dredging support by restrictions. However, there are some LL regime on the Muskegon route is a the Army Corps of Engineers. The significant differences between the less restrictive LL regime than that commenter viewed the route exemption routes that affect operational safety, as required for an unrestricted Great Lakes as a possible means of encouraging new further explained below. The public LL. River barges are already permitted to cargo movements through the port (such comments submitted to the docket did operate on this route, under certain as fertilizer and grain), and thereby not provide sufficient information that controlled conditions. maintain its dredging eligibility. alleviates the operational safety Risk assessment: Unlike the Opposed: 23 comments opposed the concerns found on this route. Milwaukee route, no risk assessment petition, typically over concerns about Weather/Safety considerations: has been performed for the Muskegon catastrophic environmental impact if a Although several comments spoke of route. In the absence of such a risk cargo were lost (especially a load of ‘‘improved forecasting technology’’ over assessment, and in consideration of the fertilizer). Several mentioned the Lake the years since the earlier rulemakings, more-volatile weather patterns and the Erie algae bloom in the summer of 2014, no specific details were provided. The longer transit times between ports of
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refuge, the Coast Guard believes that the For the reasons above, the Coast Dated: April 21, 2015. initial and annual LL surveys, Guard denies the petition and will not J.G. Lantz, undertaken per the special loadline undertake the requested rulemaking. Director of Commercial Regulations and requirements for this route, provide a This notice is issued under authority Standards, U.S. Coast Guard. necessary margin of seaworthiness of 5 U.S.C. 553(e), 555(e) and 46 U.S.C. [FR Doc. 2015–09790 Filed 4–27–15; 8:45 am] assurance. 5108. BILLING CODE 9110–04–P
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Notices Federal Register Vol. 80, No. 81
Tuesday, April 28, 2015
This section of the FEDERAL REGISTER DEPARTMENT OF AGRICULTURE Summary of Collection: Individuals contains documents other than rules or and businesses that wish to remove proposed rules that are applicable to the Submission for OMB Review; forest products from national forest public. Notices of hearings and investigations, Comment Request lands must request a permit. 16 U.S.C. committee meetings, agency decisions and 551 requires the promulgation of rulings, delegations of authority, filing of April 22, 2015. regulations to regulate forest use and petitions and applications and agency The Department of Agriculture has prevent destruction of the forests. statements of organization and functions are submitted the following information Regulations at 36 CFR 223.1 and 223.2 examples of documents appearing in this collection requirement(s) to OMB for section. review and clearance under the govern the sale of forest products such Paperwork Reduction Act of 1995, as Christmas trees, pinecones, moss, and Public Law 104–13. Comments mushrooms. Regulations at 36 CFR AGENCY FOR INTERNATIONAL regarding (a) whether the collection of 223.5 through 223.11 authorize the free DEVELOPMENT information is necessary for the proper use or sale of timber or forest products. performance of the functions of the Upon receiving a permit, the permittee Notice of May 15 President’s Global must comply with the terms of the Development Council Meeting agency, including whether the information will have practical utility; permit at 36 CFR 216.6 that designate (b) the accuracy of the agency’s estimate the forest products that can be harvested AGENCY: United States Agency for and under what conditions, such as International Development. of burden including the validity of the methodology and assumptions used; (c) limiting harvest to a designated area or ACTION: Notice of meeting. ways to enhance the quality, utility and permitting harvest of only specifically clarity of the information to be designated material. SUMMARY: Pursuant to the Federal collected; (d) ways to minimize the Both the Forest Service (FS) and Advisory Committee Act, notice is burden of the collection of information Department of the Interior, Bureau of hereby given of a meeting of the on those who are to respond, including Land Management (BLM) will use the President’s Global Development Council through the use of appropriate Forest Products Removal Permit and (GDC). The purpose of the meeting is to automated, electronic, mechanical, or Cash Receipt to collect information. solicit public input on key global other technological collection With the renewal submission of this development issues. techniques and other forms of collection, the title will be changed from ‘‘Forest Products Free Use Permit, Date: Friday, May 15, 2015. information technology. Removal Permit and Cash Receipt, and Time: 10:00 a.m.–12:00 p.m. Comments regarding this information collection received by May 28, 2015 will Sale Permit and Cash Receipt’’ to Location: U.S. Agency for be considered. Written comments ‘‘Forest Products Removal Permits and International Development, The Ronald should be addressed to: Desk Officer for Contracts.’’ Reagan Building—Pavilion Room, 1300 Agriculture, Office of Information and Need and Use of the Information: Pennsylvania Ave. NW., Washington, Regulatory Affairs, Office of Using forms FS–2400–1/BLM–5450–24, DC 20004. Please use at the entrance on Management and Budget (OMB), New FS–2400–4ANF and FS–2400–8, FS and Pennsylvania Avenue. Executive Office Building, 725—17th BLM will collect the name, vehicle information, address and tax Agenda Street NW., Washington, DC 20503. Commentors are encouraged to submit identification number from persons I. Opening Remarks their comments to OMB via email to: applying for permits. The information II. Update on the work of the GDC [email protected] or fax will be used to keep a record of persons III. Group Discussion and Q&A buying forest products and to determine IV. Overview of GDC Next Steps (202) 395–5806 and to Departmental Clearance Office, USDA, OCIO, Mail if the applicant meets the criteria under V. Feedback and Input which free use or sale of forest products VI. Closing Comments Stop 7602, Washington, DC 20250– 7602. Copies of the submission(s) may is authorized by the regulations and to Stakeholders be obtained by calling (202) 720–8681. ensure that the permittee has not received product values in excess of the The meeting is free and open to the An agency may not conduct or sponsor a collection of information amount allowed by regulation in any public. Persons wishing to attend one fiscal year and complies with the should RSVP to Interest_GDC@ unless the collection of information displays a currently valid OMB control regulations and terms of the permit. who.eop.gov. Please note that capacity is This information is also needed to allow limited. Additional information on web number and the agency informs potential persons who are to respond to FS compliance personnel to identify streaming will be forthcoming on permittees in the field. Without the www.whitehouse.gov. the collection of information that such persons are not required to respond to forest product removal program, FOR FURTHER INFORMATION CONTACT: the collection of information unless it achieving multiple use management Jayne Thomisee, 202–712–5506. displays a currently valid OMB control programs such as reducing fire hazard number. and improving forest health on the Date: April 21, 2015. National Forest would be impaired. Jayne Thomisee, Forest Service Description of Respondents: Executive Director & Policy Advisor. Title: Forest Products Removal Individuals or households; Business or [FR Doc. 2015–09803 Filed 4–27–15; 8:45 am] Permits and Contracts. other for-profit. BILLING CODE P OMB Control Number: 0596–0085. Number of Respondents: 212,068.
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Frequency of Responses: Reporting: FOR FURTHER INFORMATION CONTACT: Mr. paper copies of the PRA and RMD by On occasion; Recordkeeping. Richard Schading, Regulatory Policy calling or writing to the person listed Total Burden Hours: 37,107. Specialist, Regulatory Coordination and under FOR FURTHER INFORMATION Compliance, PPQ, APHIS, 4700 River CONTACT. Please refer to the subject of Charlene Parker, Road Unit 133, Riverdale, MD 20737– the analysis you wish to review when Departmental Information Collection 1231; (301) 851–2045. requesting copies. Clearance Officer. SUPPLEMENTARY INFORMATION After reviewing any comments we [FR Doc. 2015–09774 Filed 4–27–15; 8:45 am] : Under the regulations in ‘‘Subpart–Fruits and receive, we will announce our decision BILLING CODE 3411–15–P Vegetables’’ (7 CFR 319.56–1 through regarding the import status of fresh 319.56–71, referred to below as the pitahaya fruit from Israel in a subsequent notice. If the overall DEPARTMENT OF AGRICULTURE regulations), the Animal and Plant Health Inspection Service (APHIS) conclusions of our analysis and the Animal and Plant Health Inspection prohibits or restricts the importation of Administrator’s determination of risk Service fruits and vegetables into the United remain unchanged following our States from certain parts of the world to consideration of the comments, then we [Docket No. APHIS–2015–0012] prevent plant pests from being will authorize the importation of fresh pitahaya fruit from Israel into the Notice of Availability of a Pest Risk introduced into or disseminated within the United States. continental United States subject to the Analysis for the Importation of Fresh requirements specified in the RMD. Pitahaya From Israel Into the Section 319.56–4 contains a Continental United States performance-based process for Authority: 7 U.S.C. 450, 7701–7772, and approving the importation of certain 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR AGENCY: Animal and Plant Health fruits and vegetables that, based on the 2.22, 2.80, and 371.3. Inspection Service, USDA. findings of a pest risk analysis, can be Done in Washington, DC, this 22nd day of ACTION: Notice of availability. safely imported subject to one or more April 2015. of the designated phytosanitary Kevin Shea, SUMMARY: We are advising the public measures listed in paragraph (b) of that Administrator, Animal and Plant Health that we have prepared a pest risk section. Inspection Service. analysis that evaluates the risks APHIS received a request from the [FR Doc. 2015–09834 Filed 4–27–15; 8:45 am] associated with importation of fresh national plant protection organization BILLING CODE 3410–34–P pitahaya fruit from Israel into the (NPPO) of Israel to allow the continental United States. Based on the importation of fresh pitahaya fruit into analysis, we have determined that the the continental United States. As part of DEPARTMENT OF AGRICULTURE application of one or more designated our evaluation of Israel’s request, we Animal and Plant Health Inspection phytosanitary measures will be have prepared a pest risk assessment Service sufficient to mitigate the risks of (PRA) to identify pests of quarantine introducing or disseminating plant pests significance that could follow the [Docket No. APHIS–2013–0047] or noxious weeds via the importation of pathway of importation into the fresh pitahaya from Israel. We are continental United States from Israel. U.S. Department of Agriculture making the pest risk analysis available Based on the PRA, a risk management Stakeholder Workshop on Coexistence to the public for review and comment. document (RMD) was prepared to ACTION: Notice; reopening of comment DATES: We will consider all comments identify phytosanitary measures that period. that we receive on or before June 29, could be applied to the pitahaya to 2015. mitigate the pest risk. We have SUMMARY: We are reopening the ADDRESSES: You may submit comments concluded that fresh pitahaya fruit can comment period for issues and by either of the following methods: be safely imported from Israel to the proposals discussed during the • Federal eRulemaking Portal: Go to continental United States using one or workshop on agricultural coexistence http://www.regulations.gov/#!docket more of the five designated that was held on March 12–13, 2015. Detail;D=APHIS-2015-0012. phytosanitary measures listed in This action will allow interested • Postal Mail/Commercial Delivery: § 319.56–4(b). These measures are: persons additional time to prepare and Send your comment to Docket No. • The pitahaya must be imported as submit comments. APHIS–2015–0012, Regulatory Analysis commercial consignments only; DATES: The comment period for the and Development, PPD, APHIS, Station • Each consignment of pitahaya must notice published on February 3, 2015 3A–03.8, 4700 River Road Unit 118, be accompanied by a phytosanitary (80 FR 5729) and extended in a notice Riverdale, MD 20737–1238. certificate issued by the NPPO of Israel; published on March 30, 2015 (80 FR Supporting documents and any and 16621) is reopened. We will consider all comments we receive on this docket • Each consignment of pitahaya is comments that we receive on or before may be viewed at http://www. subject to inspection upon arrival at the May 11, 2015. regulations.gov/#!docketDetail;D= port of entry to the United States. ADDRESSES: You may submit comments APHIS-2015-0012 or in our reading Therefore, in accordance with by either of the following methods: room, which is located in room 1141 of § 319.56–4(c), we are announcing the • Federal eRulemaking Portal: Go to the USDA South Building, 14th Street availability of our PRA and RMD for http://www.regulations.gov/#!docket and Independence Avenue SW., public review and comment. The Detail;D=APHIS-2013-0047. Washington, DC. Normal reading room documents may be viewed on the • Postal Mail/Commercial Delivery: hours are 8 a.m. to 4:30 p.m., Monday Regulations.gov Web site or in our Send your comment to Docket No. through Friday, except holidays. To be reading room (see ADDRESSES above for APHIS–2013–0047, Regulatory Analysis sure someone is there to help you, a link to Regulations.gov and and Development, PPD, APHIS, Station please call (202) 799–7039 before information on the location and hours of 3A–03.8, 4700 River Road Unit 118, coming. the reading room). You may request Riverdale, MD 20737–1238.
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Any comments we receive may be CHEMICAL SAFETY AND HAZARD Public Comment viewed at http://www.regulations.gov/# INVESTIGATION BOARD Members of the public are invited to !docketDetail;D=APHIS-2013-0047 or in make brief statements to the Board Sunshine Act Meeting our reading room, which is located in concerning the agenda items outlined in room 1141 of the USDA South Building, this Federal Register notice. The time 14th Street and Independence Avenue TIME AND DATE: May 6, 2015, 2014, 9:30 a.m.–1:00 p.m. EDT. provided for public statements will SW., Washington, DC. Normal reading depend upon the number of people who room hours are 8 a.m. to 4:30 p.m., PLACE: U.S. Chemical Safety Board, wish to speak. Speakers should assume Monday through Friday, except 2175 K St. NW., 4th Floor Conference that their presentations will be limited holidays. To be sure someone is there to Room, Washington, DC 20037. to five minutes or less, but commenters help you, please call (202) 799–7039 STATUS: Open to the public. may submit written statements for the before coming. MATTERS TO BE CONSIDERED: record. FOR FURTHER INFORMATION CONTACT: Mr. The Chemical Safety and Hazard Contact Person for Further Information Michael Tadle, Program Analyst, Investigation Board (CSB) will convene Hillary J. Cohen, Communications Planning, Evaluation, and Decision a public meeting on May 6, 2015, Manager, [email protected] or (202) Support, PPD, APHIS, 4700 River Road starting a 9:30 a.m. at the CSB’s 446–8094. General information about Unit 120, Riverdale, MD 20737; (301) headquarters located at 2175 K St. NW., the CSB can be found on the agency 851–3140; Michael.A.Tadle@ 4th Floor Conference Room, Web site at: www.csb.gov. aphis.usda.gov. Washington, DC 20037. At the public meeting, the Board will discuss and may Dated: April 23, 2015. SUPPLEMENTARY INFORMATION: On vote on motions related to the following: Mark Griffon, February 3, 2015, we published in the 1. Proposed amendments to 40 CFR Board Member. Federal Register (80 FR 5729–5731, 1600 to provide for regular Sunshine [FR Doc. 2015–09913 Filed 4–24–15; 11:15 am] Docket No. APHIS–2013–0047) a Act meetings and to address timely notice 1 to announce that the U.S. BILLING CODE 6350–01–P voting on calendared notation item Department of Agriculture was holding votes; a workshop on agricultural coexistence, the objective of which was to advance 2. Proposed schedule for regular CSB COMMISSION ON CIVIL RIGHTS an understanding of agricultural public business meetings; Notice of Public Meeting of the Illinois coexistence and discuss how to make 3. Notation Item 2015–07 relating to Advisory Committee for a Meeting To coexistence achievable for all Board governance, the issuance of two Review and Vote on Its Hate Crime stakeholders. The 2-day workshop, Board Orders on Scoping and Report which was held on March 12–13, 2015, Investigations, respectively, and the administrative closure of three also provided an opportunity to learn AGENCY: U.S. Commission on Civil from stakeholders representing a wide investigations (calendared on March 10, Rights. 2015); and the range of interests with respect to ACTION: Announcement of meeting. agricultural coexistence. 4. 2015 CSB Action Plan; Additionally, the Board will hear In that notice, we stated that public SUMMARY: Notice is hereby given, status reports on the development of an comments on issues and proposals pursuant to the provisions of the rules overall CSB investigations plan and the discussed during the workshop would and regulations of the U.S. Commission process for updating the CSB’s be accepted from March 13, 2015, on Civil Rights (Commission) and the investigation protocol. through March 27, 2015. On March 30, Federal Advisory Committee Act that 2015, we published another notice in Additional Information the Illinois Advisory Committee the Federal Register (80 FR 16621) to (Committee) will hold a meeting on The meeting is free and open to the extend the comment period on Docket Monday, May 18, 2015, at 2:00 p.m. CST public. If you require a translator or No. APHIS–2013–0047 for an additional for the purpose of discussing and voting interpreter, please notify the individual 14 days to April 10, 2015. on a Committee report regarding hate listed below as the contact person for crimes and discrimination against We are reopening the comment period further information, at least three religious institutions in Illinois. The on Docket No. APHIS–2013–0047 from business days prior to the meeting. committee previously gathered the date of this notice through May 11, The CSB is an independent federal testimony on the topic August 21, 2014. 2015. This action will allow interested agency charged with investigating Members of the public can listen to persons additional time to prepare and accidents and hazards that result, or the discussion. This meeting is available submit comments. We will also consider may result, in the catastrophic release of to the public through the following toll- all comments that were received extremely hazardous substances. The free call-in number: 888–427–9411, between April 11, 2015, and the date of agency’s Board Members are appointed conference ID: 6379535. Any interested this notice. by the President and confirmed by the member of the public may call this Done in Washington, DC, this 22nd day of Senate. CSB investigations look into all number and listen to the meeting. The April 2015. aspects of chemical accidents and conference call operator will ask callers Kevin Shea, hazards, including physical causes such to identify themselves, the organization Administrator, Animal and Plant Health as equipment failure as well as they are affiliated with (if any), and an Inspection Service. inadequacies in regulations, industry email address prior to placing callers [FR Doc. 2015–09845 Filed 4–27–15; 8:45 a.m.] standards, and safety management into the conference room. Callers can BILLING CODE 3410–34–P systems. expect to incur charges for calls they This public meeting will be initiate over wireless lines, and the 1 To view the workshop notice and comments, go principally focused on the business- Commission will not refund any to http://www.regulations.gov/#!docketDetail;D= related issues described in the agenda, incurred charges. Callers will incur no APHIS-2013-0047. above. charge for calls they initiate over land-
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line connections to the toll-free COMMISSION ON CIVIL RIGHTS site, http://www.usccr.gov, or may telephone number. Persons with hearing contact the Western Regional Office at impairments may also follow the Notice of Public Meeting of the Arizona the above email or street address. proceedings by first calling the Federal Advisory Committee to Discuss and Agenda: Relay Service at 1–800–977–8339 and Vote on its School Equity Report and Introductions providing the Service with the Plan Future Project Discussion and Vote on School Equity conference call number and conference Report AGENCY: U.S. Commission on Civil ID number. Discussion of Future Project on Police Rights. Member of the public are also invited Practices and welcomed to make statements at the ACTION: Announcement of meeting. Open Comment end of the conference call. In addition, SUMMARY: Notice is hereby given, Adjourment members of the public may submit pursuant to the provisions of the rules DATES: Tuesday, May 19, 2015 from 3 written comments; the comments must and regulations of the U.S. Commission p.m. to 4:30 p.m. PST be received in the regional office by on Civil Rights (Commission) and the ADDRESSES: Chicanos por la Causa, 1242 June 18, 2015. Written comments may Federal Advisory Committee Act E. Washington Street, Suite 200, be mailed to the Regional Programs (FACA) that a meeting of the Arizona Phoenix, AZ 85034. Unit, U.S. Commission on Civil Rights, Advisory Committee (Committee) to the FOR FURTHER INFORMATION CONTACT: 55 W. Monroe St., Suite 410, Chicago, Commission will be held on Tuesday, Peter Minarik, DFO, at (213) 894–3437 IL 60615. They may also be faxed to the May 19, 2015, for the purpose of or [email protected]. Commission at (312) 353–8324, or discussing and voting upon the Dated: April 23, 2015. emailed to Administrative Assistant, committee report regarding school Carolyn Allen at [email protected]. equity. The Committee will also discuss David Mussatt, Persons who desire additional a plan for a potential project on police Chief, Regional Programs Coordination Unit. information may contact the Regional practices. The meeting will be held at [FR Doc. 2015–09827 Filed 4–27–15; 8:45 am] Programs Unit at (312) 353–8311. Chicanos por la Causa, 1242 E. BILLING CODE 6335–01–P Records and documents discussed Washington Street, Suite 200, Phoenix, during the meeting will be available for AZ 85034. It is scheduled to begin at public viewing prior to and after the 3:00 p.m. and adjourn at approximately COMMISSION ON CIVIL RIGHTS meeting at http://facadatabase.gov/ 4:30 p.m. Notice of Public Meeting of the committee/meetings.aspx?cid=246 and Members of the public are entitled to Mississippi Advisory Committee for a clicking on the ‘‘Meeting Details’’ and make comments in the open period at Meeting To Hear Testimony on Civil ‘‘Documents’’ links. Records generated the end of the meeting. Members of the Rights Concerns Relating to from this meeting may also be inspected public may also submit written Distribution of Federal Child Care and reproduced at the Regional comments. The comments must be Subsidies in Mississippi Programs Unit, as they become received in the Western Regional Office available, both before and after the of the Commission by June 19, 2015. AGENCY: U.S. Commission on Civil meeting. Persons interested in the work The address is Western Regional Office, Rights. of this Committee are directed to the U.S. Commission on Civil Rights, 300 N. ACTION: Announcement of meeting. Commission’s Web site, http:// Los Angeles Street, Suite 2010, Los www.usccr.gov, or may contact the Angeles, CA 90012. Persons wishing to SUMMARY: Notice is hereby given, Regional Programs Unit at the above email their comments may do so by pursuant to the provisions of the rules email or street address. sending them to Angelica Trevino, Civil and regulations of the U.S. Commission Agenda Rights Analyst, Western Regional Office, on Civil Rights (Commission) and the at [email protected]. Persons who Federal Advisory Committee Act that Welcome and Introductions desire additional information should the Mississippi Advisory Committee Barbara Abrajano, Chair Discussion and Vote on Hate Crimes contact the Western Regional Office, at (Committee) will hold a meeting on Report (213) 894–3437, (or for hearing impaired Wednesday, May 13, 2015, at 1:30 p.m. Illinois Advisory Committee TDD 913–551–1414), or by email to CST for the purpose of hearing Administrative Matters [email protected]. Hearing-impaired testimony on civil rights concerns David Mussatt, DFO persons who will attend the meeting relating to potential disparities in the Open Comment and require the services of a sign distribution of federal child care Adjournment language interpreter should contact the subsidies in Mississippi on the basis of DATES: The meeting will be held on Regional Office at least ten (10) working race or color. The committee previously Monday, May 18, 2015, at 2:00 p.m. days before the scheduled date of the gathered testimony on the topic April CST. meeting. 29, 2015. The testimony heard during Records and documents discussed this meeting will be upon the previous Public Call Information during the meeting will be available for information obtained. Dial: 888–427–9411. public viewing prior to and after the Members of the public can listen to Conference ID: 6379535. meeting at http://facadatabase.gov/ the discussion. This meeting is available FOR FURTHER INFORMATION CONTACT: committee/meetings.aspx?cid=235 and to the public through the following toll- David Mussat, DFO, at 312–353–8311 or clicking on the ‘‘Meeting Details’’ and free call-in number: 888–572–7033, [email protected]. ‘‘Documents’’ links. Records generated conference ID: 9576533. Any interested from this meeting may also be inspected member of the public may call this Dated: April 23, 2015. and reproduced at the Western Regional number and listen to the meeting. The David Mussatt, Office, as they become available, both conference call operator will ask callers Chief, Regional Programs Unit. before and after the meeting. Persons to identify themselves, the organization [FR Doc. 2015–09826 Filed 4–27–15; 8:45 am] interested in the work of this Committee they are affiliated with (if any), and an BILLING CODE 6335–01–P are directed to the Commission’s Web email address prior to placing callers
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into the conference room. Callers can FOR FURTHER INFORMATION CONTACT: Dated: April 23, 2015. expect to incur charges for calls they David Mussat, DFO, at 312–353–8311 or Glenna Mickelson, initiate over wireless lines, and the [email protected] Management Analyst, Office of the Chief Commission will not refund any Dated: April 23, 2015. Information Officer. incurred charges. Callers will incur no David Mussatt, [FR Doc. 2015–09797 Filed 4–27–15; 8:45 am] charge for calls they initiate over land- Chief, Regional Programs Unit. BILLING CODE 3510–33–P line connections to the toll-free telephone number. Persons with hearing [FR Doc. 2015–09825 Filed 4–27–15; 8:45 am] impairments may also follow the BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE proceedings by first calling the Federal Relay Service at 1–800–977–8339 and Submission for OMB Review; providing the Service with the Comment Request conference call number and conference DEPARTMENT OF COMMERCE The Department of Commerce will ID number. Submission for OMB Review; submit to the Office of Management and Member of the public are also invited Comment Request Budget (OMB) for clearance the and welcomed to make statements at the following proposal for collection of end of the conference call. In addition, The Department of Commerce will information under the provisions of the members of the public may submit submit to the Office of Management and Paperwork Reduction Act (44 U.S.C. written comments; the comments must Budget (OMB) for clearance the chapter 35). be received in the regional office by following proposal for collection of Agency: Bureau of Industry and June 13, 2015. Written comments may information under the provisions of the Security. be mailed to the Midwestern Regional Paperwork Reduction Act (44 U.S.C. Title: Request for Investigation Under Office, U.S. Commission on Civil Rights, chapter 35). Section 232 of the Trade Expansion Act. 55 W. Monroe St., Suite 410, Chicago, Agency: Bureau of Industry and Form Number(s): N/A. IL 60615. They may also be faxed to the Security. OMB Control Number: 0694–0120. Commission at (312) 353–8324, or Title: Request for the Appointment of Type of Request: Regular. emailed to Administrative Assistant, a Technical Advisory Committee. Burden Hours: 3,000 hours. Carolyn Allen at [email protected]. Form Number(s): N/A. Number of Respondents: 400 Persons who desire additional OMB Control Number: 0694–0100. information may contact the respondents. Type of Request: Regular. Midwestern Regional Office at (312) Average Hours per Response: 7.5 353–8311. Burden Hours: 5 hours. hours per response. Records and documents discussed Number of Respondents: 1 Needs and Uses: Upon request, BIS during the meeting will be available for respondent. will initiate an investigation to public viewing prior to and after the Average Hours per Response: 5 hours determine the effects of imports of meeting at http://facadatabase.gov/ per response. specific commodities on the national committee/meetings.aspx?cid=257 and Needs and Uses: This collection of security, and will make the findings clicking on the ‘‘Meeting Details’’ and information is required by the Export known to the President for possible ‘‘Documents’’ links. Records generated Administration Regulations and the adjustments to imports through tariffs. from this meeting may also be inspected Federal Advisory Committee Act. The The findings are made publicly and reproduced at the Regional Technical Advisory Committees (TACs) available and are reported to Congress. Programs Unit, as they become were established to advise and assist the The purpose of this collection is to available, both before and after the U.S. Government on export control account for the public burden associated meeting. Persons interested in the work matters such as proposed revisions to with the surveys distributed to of this Committee are directed to the export control lists, licensing determine the impact on national Commission’s Web site, http:// procedures, assessments of the foreign security. www.usccr.gov, or may contact the availability of controlled products, and Affected Public: Businesses and other Midwestern Regional Office at the above export control regulations. Under this for-profit institutions. email or street address. collection, interested parties may Frequency: On occasion. AGENDA: submit a request to BIS to establish a Respondent’s Obligation: Required to obtain benefits. Welcome and Introductions new TAC. The Bureau of Industry and This information collection request 1:30 p.m. to 1:35 p.m., Susan Glisson, Security provides administrative may be viewed at www.reginfo.gov. Chair support for these Committees. Follow the instructions to view Panel Presentations on Childcare Affected Public: Businesses and other Department of Commerce collections Subsidies in MS for-profit institutions. currently under review by OMB. 1:35 p.m. to 2:30 p.m. Frequency: On occasion. Written comments and Question and Answer Session with MS Respondent’s Obligation: Voluntary. recommendations for the proposed Advisory Committee This information collection request collection should be sent within 30 days 2:30 p.m. to 2:50 p.m. may be viewed at www.reginfo.gov. of publication of this notice to OIRA_ Open Comment Follow the instructions to view [email protected] or fax to (202) 2:50 p.m. to 3:00 p.m. Department of Commerce collections 395–5806. Adjournment currently under review by OMB. 3:00 p.m. Written comments and Dated: April 23, 2015. DATES: The meeting will be held on recommendations for the proposed Glenna Mickelson, Wednesday, May 13, 2015, at 1:30 p.m. collection should be sent within 30 days Management Analyst, Office of the Chief CST. of publication of this notice to OIRA_ Information Officer. Public Call Information: Dial: 888– [email protected] or fax to (202) [FR Doc. 2015–09795 Filed 4–27–15; 8:45 am] 572–7033, Conference ID: 9576533. 395–5806. BILLING CODE 3510–33–P
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DEPARTMENT OF COMMERCE efficiency. The tests we are conducting Statistician at OMB on how the ACS can in the next two years will tell us best fulfill its role in the portfolio of Submission for OMB Review; whether existing government records Federal household surveys and provide Comment Request can provide substitute data for the most useful information with the households that have not responded to least amount of burden.’’ The The Department of Commerce will the ACS. Subcommittee charter also states that submit to the Office of Management and In addition, we continue to look into the Subcommittee would be expected to Budget (OMB) for clearance the the possibility of asking questions less ‘‘conduct regular, periodic reviews of following proposal for collection of often beginning initial efforts on the the ACS content . . . designed to ensure information under the provisions of the martial history series of questions. For that there is clear and specific authority Paperwork Reduction Act (44 U.S.C. example, asking a question every other and justification for each question to be chapter 35). year, every third year, or asking a Agency: U.S. Census Bureau. on the ACS, the ACS is the appropriate question of a subset of the respondents vehicle for collecting the information, Title: American Community Survey. each year. We also want to examine OMB Control Number: 0607–XXXX. respondent burden is being minimized, ways we can better phrase our questions and the quality of the data from ACS is Form Number(s): ACS–1, ACS–1(SP), to reduce respondent concern, ACS–1(PR), ACS–1(PR)SP, ACS–1(GQ), appropriate for its intended use.’’ especially for those who may be The formation of the ICSP ACS–1(PR)(GQ), GQFQ, ACS CATI sensitive to providing information. (HU), ACS CAPI (HU), ACS RI (HU), and Subcommittee on the ACS and the The outcome of these future steps will aforementioned assessment of the ACS AGQ QI, AGQ RI. be a more efficient survey that Type of Request: Regular Submission. program also provided an opportunity minimizes respondent burden while to examine and confirm the value of Number of Respondents: 3,760,000. continuing to provide quality data Average Hours Per Response: 40 each question on the ACS, which products for the nation. We expect to resulted in the 2014 ACS Content minutes for the average household make great progress during fiscal 2015 questionnaire. Review. This review, which was an on this front, and will be reporting our initial step in a multi-faceted approach Burden Hours: The estimate is an progress to the Secretary of Commerce annual average of 2,455,868 burden of a much larger content review process, at the end of the fiscal year. included examination of all 72 hours. Since the founding of the nation, the questions contained on the 2014 ACS Needs and Uses: The U.S. Census U.S. Census has mediated between the questionnaire, including 24 housing- Bureau requests authorization from the demands of a growing country for related questions and 48 person-related Office of Management and Budget information about its economy and questions. (OMB) for revisions to the American people, and the people’s privacy and The Census Bureau proposed the two Community Survey (ACS). The content respondent burden. Beginning with the analysis factors—benefit as defined by of the proposed 2016 ACS questionnaire 1810 Census, Congress added questions the level of usefulness and cost as and data collection instruments for both to support a range of public concerns Housing Unit and Group Quarters and uses, and over the course of a defined by the level of respondent operations reflect changes to content century questions were added about burden or difficulty in obtaining the and instructions that were proposed as agriculture, industry, and commerce, as data, which was accepted by the ICSP a result of the 2014 ACS Content well as occupation, ancestry, marital Subcommittee. Based on a methodology Review. status, disabilities, and other topics. In pre-defined by the Census Bureau with The American Community Survey 1940, the U.S. Census Bureau the input and concurrence of the ICSP (ACS) is one of the Department of introduced the long form and since then Subcommittee on the ACS, each Commerce’s most valuable data only the more detailed questions were question received a total number of products, used extensively by asked of a sample of the public. points between 0 and 100 based on its businesses, non-governmental The ACS, launched in 2005, is the benefits, and 0 and 100 points based on organizations (NGOs), local current embodiment of the long form of its costs. These points were then used governments, and many federal the census, and is asked each year of a as the basis for creating four categories: agencies. In conducting this survey, the sample of the U.S. population in order High Benefit and Low Cost; High Benefit Census Bureau’s top priority is to provide current data needed more and High Cost; Low Benefit and Low respecting the time and privacy of the often than once every ten years. In Cost; or Low Benefit and High Cost. For people providing information while December of 2010, five years after its this analysis, any question that was preserving its value to the public. The launch, the ACS program accomplished designated as either Low Benefit and 2016 survey content changes are the its primary objective with the release of Low Cost or Low Benefit and High Cost initial step in a multi-faceted approach its first set of estimates for every area of and was NOT designated as Mandatory to reducing respondent burden. The the United States. The Census Bureau (i.e., statutory) by the Department of Census Bureau is currently carrying out concluded it was an appropriate time to Commerce Office of General Counsel this program of research, which conduct a comprehensive assessment of (OGC) or NOT Required (i.e., regulatory) includes several components as the ACS program. This program with a sub-state use, was identified as discussed briefly below. assessment focused on strengthening a potential candidate for removal. The One of the areas with strong potential programmatic, technical, and Department of Commerce OGC worked to reduce respondent burden is to reuse methodological aspects of the survey to with its counterparts across the federal information already supplied to the assure that the Census Bureau conducts government to determine mandatory, federal government in lieu of directly the ACS efficiently and effectively. required, or programmatic status, as collecting it again through particular In August 2012, the OMB and the defined below: questions on the ACS. The Census Census Bureau chartered the • Mandatory—a federal law explicitly Bureau is conducting groundbreaking Interagency Council on Statistical Policy calls for use of decennial census or work aimed at understanding the extent (ICSP) Subcommittee for the ACS to ACS data on that question to which existing government data can ‘‘provide advice to the Director of the • Required—a federal law (or reduce redundancy and improve Census Bureau and the Chief implementing regulation) explicitly
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requires the use of data and the question has a low cost, it has no benefit NSCG. Though commenters theorized decennial census or the ACS is the to federal agencies, the federal statistical that the NSCG might still be able to historical source; or the data are system, or the nation. The Census produce STEM estimates without the needed for case law requirements Bureau plans to remove this question, ACS, a number of commenters (16) imposed by the U.S. federal court beginning with the 2016 ACS content. thought that doing so would be very system Regarding the field of degree question, expensive, costing as much as $17 • Programmatic—the data are needed the Census Bureau received 625 million more (1). for program planning, comments from researchers, professors Additionally, many comments also implementation, or evaluation and and administrators at many universities, indicated uses of this question to there is no explicit mandate or professional associations that represent understand the economic outcomes of requirement. science, technology, engineering and college graduates at local geographic Based on the analysis, the following mathematics (STEM) careers and levels, especially those with STEM questions were initially proposed for industries, members of Congress, the degrees. These commenters included removal: National Science Foundation, and many professional, academic, congressional, individuals interested in retaining this and policy-making stakeholders who • Housing Question No. 6—Business/ question. A number of commenters (92) expressed concerns that the absence of Medical Office on Property • Person Question No. 12— cited the importance of these estimates statistical information about STEM Undergraduate Field of Degree for research that analyzes the effect of degrees would harm the ability to • Person Question No. 21—(In the Past field of degree choice on economic understand characteristics of small 12 mos, did this person) Get Married, outcomes, including earnings, populations attaining STEM degrees. Widowed, Divorced education, occupation, industry, and Given the importance of this small • Person Question No. 22—Times employment. University administrators population group to the economy, the Married (37) commented that this information federal statistical system and the nation, • Person Question No. 23—Year Last allows for analysis of postsecondary bolstered by the new knowledge of Married outcomes, and allows them to historical precedent brought to light by benchmark their graduates’ relative commenters to the Federal Register For reports that provide a full success in different fields as well as to notice, the Census Bureau therefore description of the overall 2014 ACS plan degree offerings. While some plans to retain this question on the 2016 Content Review methods and results, commenters used the estimates to ACS. see ‘‘Final Report—American understand fields such as humanities or Regarding the marital history Community Survey FY14 Content philosophy (56), the majority of these questions, the Census Bureau received Review Results’’ (Attachment V); comments (125) addressed the value of 1,361 comments from researchers and additional reports about the 2014 ACS knowing about the outcomes of people professors, professional associations Content Review are also available at that represent marriage and family _ who pursued degrees in science, http://www.census.gov/acs/www/about therapists, the Social Security _ _ _ _ technology, engineering and the survey/methods and results mathematics. These commenters felt Administration (SSA), and many report/. that knowing more about the people individuals interested in retaining these Regarding the business/medical office currently earning STEM degrees and the questions. SSA commented that it uses on property question, the Census people currently working in STEM the marital history questions to estimate Bureau received 41 comments from fields would enable universities, future populations by marital status as researchers, and individuals. Most of advocacy groups, and policy makers to part of the Board of Trustees annual these comments came from researchers encourage more people to pursue STEM report on the actuarial status (including who felt that the Census Bureau should careers, and to encourage diversity future income and disbursements) of the keep all of the proposed questions in within STEM careers. Old-Age and Survivors Insurance order to keep the survey content The initial analysis of Person (OASI) and Disability Insurance (DI) consistent over time, or felt that Question No. 12—Undergraduate Field Trust Funds. The Department of Health modifications to the question could of Degree did not uncover any evidence and Human Services (HHS) also uses potentially make it more useful. that the question was Mandatory or these questions to distinguish Housing Question No. 6—Business/ Required. However, comments to the households in which a grandparent has Medical Office on Property is currently Federal Register notice uncovered the primary responsibility for a grandchild not published by the Census Bureau in existence of a relationship between the or grandchildren, as well as to provide any data tables. The only known use of Census Bureau and the National Science family formation and stability measures the question is to produce a variable for Foundation, dating back to 1960. Over for the Temporary Assistance for Needy the Public Use Microdata Sample the course of this established Families (TANF) program. (PUMS), a recode for the Specified relationship, long-form decennial The focus of the proposed elimination Owner (SVAL) variable that allows census data was used as a sampling is on the marital history questions only users to compare other datasets. The frame for surveys that provided with no change to collection of marital Content Review did not reveal any uses important information about scientists status. Over 400 additional comments to by federal agencies, and the comments and engineers. These comments the Federal Register notice cited to the Federal Register notice did not demonstrated that the Field of Degree concerns that the proposed elimination reveal any non-federal uses. question on the ACS continues this of the marital history questions was an Additionally, there were no uses historical use of decennial long-form indication of whether the government uncovered in meetings with and ACS data for this purpose, and views information about marriage as stakeholders, data user feedback forms, makes this process more efficient. Many somehow less valuable than other ACS or other methods employed to commenters (58) also cited the necessity question topics that were not proposed understand the uses of ACS data. Lastly, of the National Survey of College for removal. While the Census Bureau independent research conducted on Graduates (NSCG), and recommended had always planned to continue behalf of the Census Bureau did not retaining the question because it is collecting information about the uncover any further uses. Though the needed as a sampling frame for the ‘‘marital status’’ for each person in a
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household (Person Question No. 20) and the mandatory message on the will make a significant impact on their relationships to each other (Person envelopes, we are conducting research reducing respondent burden in the ACS. Question No. 2), the Census Bureau with a subset of ACS respondents in Affected Public: Individuals or remains sensitive to these criticisms May 2015. Over the summer, we will households. More than 100 supporters of retaining work with external methodological Frequency: Response to the ACS is on the marital history questions mentioned experts to test other revisions of the a one-time basis. their utility for research into marital ACS mail materials to check respondent Respondent’s Obligation: Mandatory. status changes over time and they perceptions of the softened references to Legal Authority: Title 13, United correctly noted that there is currently no the mandatory nature of participation in States Code, Sections 141, 193, and 221. other national source of the marital the ACS. The preliminary results of This information collection request history information. As a result, many those tests will be available in the fall, may be viewed at www.reginfo.gov. commenters felt they would not be able and the Census Bureau will make Follow the instructions to view the to compare marriage characteristics and changes to the 2016 ACS mail materials Department of Commerce collections patterns with other nations in the same based on those results. currently under review by OMB. Written comments and depth that is possible today. Similarly, Concurrently we also are identifying recommendations for the proposed without these questions, the additional questions that we may only information collection should be sent commenters felt that the analysis of need to ask intermittently, rather than within 30 days of publication of this changes in marriage events (especially each month or year. The current ACS notice to OIRA_Submission@ those due to changing societal values sample design asks all of the survey omb.eop.gov or fax to (202)395–5806. and pressures or policy changes) would questions from all selected households be less robust. In particular, comments in order to produce estimates each year Dated: April 22, 2015. focused on 6 research areas that would for small geographies and small Glenna Mickelson, be more difficult to analyze without the populations. However, during the Management Analyst, Office of the Chief marital history questions: Content Review we learned about over Information Officer. 300 data needs that federal agencies • Family formation and stability (23) [FR Doc. 2015–09741 Filed 4–27–15; 8:45 am] require to implement their missions. We • Patterns/trends of marriage and BILLING CODE 3510–07–P see several potential opportunities to divorce (168) • Marital effects on earnings, education either include some questions periodically, or ask a smaller subset of and employment (45) DEPARTMENT OF COMMERCE • Marital effects on child wellbeing (6) ACS respondents in cases where those Submission for OMB Review; • Same-sex marriages, civil unions and agencies do not need certain data Comment Request partnerships (70) annually. The Census Bureau plans to engage the federal agencies and external • New government policy effects on The Department of Commerce will marriage (9) experts on this topic during 2015. In addition, we need to assess the submit to the Office of Management and Because the initial analysis of Person operational and statistical issues Budget (OMB) for clearance the Question Nos. 21–23 on marital history associated with alternate designs. The following proposal for collection of did not uncover any evidence that data alternate designs will result in a information under the provisions of the from these questions were ‘‘Required’’ reduction in the number of questions Paperwork Reduction Act (44 U.S.C. for federal use at sub-state geographies, asked of individual households. chapter 35). those questions received a lower benefit We are also conducting research on Agency: Bureau of Industry and score than many other ACS questions. substituting the direct collection of Security. However, in deference to the very large information with the use of information Title: Miscellaneous Short Supply number (1,367) of comments received already provided to the government. It Activities. Form Number(s): N/A. on the Census Bureau proposal to is possible that the Census Bureau could eliminate those questions, the Census OMB Control Number: 0694–0102. use administrative records from federal Type of Request: Regular. Bureau plans to retain those questions and commercial sources in lieu of Burden Hours: 201 hours. on the 2016 ACS. asking particular questions on the ACS. Number of Respondents: 1 The Census Bureau takes very Lastly, we are examining our respondent. seriously respondent concerns and approaches to field collection to reduce Average Hours Per Response: 201 recognizes that the Content Review and the number of in-person contact hours per response. the resulting, proposed question attempts while preserving data quality. Needs and Uses: This information changes discussed above are only initial For example, based on research collection is comprised of two rarely steps to addressing them. The Census conducted in 2012, we implemented used short supply activities: Bureau has implemented an extensive changes in 2013 which led to an ‘‘Registration Of U.S. Agricultural action plan on addressing respondent estimated reduction of approximately Commodities For Exemption From burden and concerns. The work 1.2 million call attempts per year, while Short Supply Limitations On Export’’, completed, and the comments received, sustaining the 97 percent response rate and ‘‘Petitions For The Imposition Of on the 2014 Content Review provide a for the survey overall. For the person Monitoring Or Controls On Recyclable foundation for ongoing and future visit operation, we are researching a Metallic materials; Public Hearings.’’ efforts to reduce burden and concerns. reduction in the number of contact These activities are statutory in nature In addition to the immediate content attempts. We plan to field test this and, therefore, must remain a part of changes (proposed above), the Census change in August 2015. If successful we BIS’s information collection budget Bureau is also currently testing the would implement nationwide in spring authorization. language on the survey materials that 2016. Affected Public: Businesses and other may cause concern such as reminding We will continue to look for other for-profit institutions. people that their responses are required opportunities to reduce respondent Frequency: On occasion. by law. In order to be responsive to burden while maintaining survey Respondent’s Obligation: Required to these concerns about the prominence of quality. Taken together, these measures obtain benefits.
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This information collection request International Trade Administration • Whether the applicant will be a may be viewed at www.reginfo.gov. (ITA), is establishing a Ready Applicant suitable representative of the U.S. Follow the instructions to view Pool (RAP) initiative for companies and industry sector in which it operates; Department of Commerce collections organizations that would like to receive • The applicant’s potential for currently under review by OMB. information directly from the helping to advance Department of Written comments and Department when it organizes a trade Commerce strategic priorities; recommendations for the proposed mission aligned with the products, • collection should be sent within 30 days services, technology, sectors, target The applicant’s past, present, and of publication of this notice to markets or goals of the applicant. The prospective business activities abroad; [email protected] or fax program is entitled the Ready Applicant • The applicant’s conduct on past to (202) 395–5806. Pool (RAP). trade missions; and One of the primary goals of the RAP Dated: April 23, 2015. • Whether the applicant is willing to is to provide a fast and efficient method Glenna Mickelson, send a high-level representative to for the Department to recruit for Management Analyst, Office of the Chief expedited trade missions. Expedited participate on an expedited trade Information Officer. trade missions will utilize expedited mission to any location, at any time, on [FR Doc. 2015–09796 Filed 4–27–15; 8:45 am] procedures, web-based notification, and very short notice. BILLING CODE 3510–33–P will have short application deadlines. The last criterion will not be Because of their expedited nature, the dispositive for RAP selection but it will be weighted significantly in selection DEPARTMENT OF COMMERCE Department will rely heavily on the members of the RAP for recruitment, for the RAP. Applicants that cannot International Trade Administration especially those RAP members that are fulfill this criterion will not be excluded willing to send a high-level from the RAP. Establishment of a Ready Applicant representative to participate on a Applicants selected for the RAP will Pool for Department of Commerce mission to any location, at any time, on be contacted directly by the Department Trade Missions very short notice. The Department may when it organizes a trade mission also rely on appropriate RAP members AGENCY: International Trade aligned with the products, services, in its recruitment for other trade technologies, target sectors, target Administration, Department of missions. Specifically, the Department markets or goals of the applicant. The Commerce. intends to directly contact those RAP Department will have up-to-date contact ACTION: Notice. members with products, services, information for RAP members, ensuring technologies, target sectors, target SUMMARY: The United States Department that trade mission information reaches markets or goals that align with a of Commerce (Department), the correct company contact. When International Trade Administration particular trade mission. The benefits of joining the RAP are: contacted, RAP members will be given (ITA), is establishing a Ready Applicant (1) To ensure the Department will step-by-step instructions on how to Pool initiative, the Ready Applicant contact the current point-of-contact apply for the mission. Selection for the Pool (RAP), for organizations and when it organizes a trade mission that RAP does not guarantee or assure companies that would like to receive it determines is aligned with the RAP selection for a particular trade mission. information directly from the member’s products, services, But, RAP members are pre-screened Department, when it organizes a trade technologies, target sectors, target with respect to participation generally mission aligned with the products, markets or goals; (2) to speed up the in Department trade missions. services, technologies, sectors, target trade mission selection process by Applications for the RAP may be markets or goals of the applicant. providing the Department with the submitted at any time at http:// Applicants willing and interested to information necessary for pre-screening www.export.gov/trademissions/eg_ send a high-level representative to with respect to participation generally main_023185.asp. They will be participate on an expedited trade in its trade missions and (3) to indicate evaluated on a quarterly basis and those mission to any location, at any time, on in advance a willingness to apply for very short notice are especially accepted will be notified as soon as and potentially participate in expedited possible. Once selected, the Department encouraged to apply for the RAP. trade missions to any location at any Applications to join the RAP can be will reach out to the RAP member for time, possibly on very short notice. updated contact information every six found at http://www.export.gov/ Any member of the U.S. business _ _ months. This ensures that the trademissions/eg main 023185.asp and community may apply to become a will be accepted at any time. Department has current information member of the RAP. The U.S. business about the applicant’s products, services, DATES: The RAP is established as of community consists of corporations, technologies, target sectors, target April 28, 2015. Applications may be partnerships, and other business markets and goals. The RAP term will submitted at any time at http:// associations created under the laws of end every two years. The first RAP term www.export.gov/trademissions/eg_ the United States or of any state; U.S. will begin immediately and conclude on main_023185.asp. Applications will be citizens; state or local economic December 31, 2016. At that time, all evaluated quarterly and those accepted development or international trade members will be required to reapply in will be notified as soon as possible. office or agency; trade association and order to gain membership for the Applicants will be selected for the other non-profit organizations that following term (January 1, 2017— current RAP term and will need to represent a sector or sectors of the U.S. December 31, 2018). Applications reapply when the term ends on economy; university competitiveness received after July 1, 2016 will be December 31, 2016. Each term will last programs; and any other U.S. entity reviewed for both the first and second two years. seeking to promote United States cohorts of the RAP. SUPPLEMENTARY INFORMATION: business interests abroad. The United States Department of The criteria for evaluating applicants FOR FURTHER INFORMATION CONTACT: Commerce (the Department), for selection for the RAP are: Frank Spector, Acting Director, Trade
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Missions Program, Phone: (202) 482– the use of expedited procedures, the DEPARTMENT OF COMMERCE 2054, Email: [email protected]. Department will endeavor to conduct National Institute of Standards and Frank Spector, recruitment and selection for the mission within 2–3 weeks. Technology Acting Director, Trade Missions Program. [FR Doc. 2015–09800 Filed 4–27–15; 8:45 am] The mission statements for Expedited Manufacturing Extension Partnership BILLING CODE 3510–DR–P Trade Missions will only be posted on Advisory Board the Web site above. The mission statement will include the conditions of AGENCY: National Institute of Standards DEPARTMENT OF COMMERCE participation and the participation and Technology, Commerce. criteria for the Expedited Trade Mission. ACTION: Notice of Open Meeting. International Trade Administration Any party interested in participating is SUMMARY: The National Institute of Establishment of Expedited Trade encouraged to apply if it meets the conditions of participation. All Standards and Technology (NIST) Mission Procedures announces that the Manufacturing applicants will be evaluated on an equal Extension Partnership (MEP) Advisory AGENCY: International Trade basis with respect to the participation Board will hold an open meeting on Administration, Department of criteria. Commerce. Tuesday, May 19, 2015, from 8:30 a.m. The deadline to apply for an to 5:00 p.m. Mountain Time. ACTION: Notice. Expedited Trade Mission may be DATES: The meeting will be held SUMMARY: The United States Department extremely short, potentially as little as Tuesday, May 19, 2015, from 8:30 a.m. of Commerce, International Trade 5 business days from the date the to 5:00 p.m. Mountain Time. mission statement is posted. Short Administration, is establishing new ADDRESSES: The meeting will be held at procedures for Expedited Trade deadlines are needed to allow for the Embassy Suites Phoenix-Scottsdale, Missions. When the Secretary approves recruitment and selection to be 4415 E. Paradise Village Parkway South, a Decision Memo justifying the use of completed within 2–3 weeks. In most Phoenix, AZ 85032. Please note expedited procedures, the Department cases, as specified in the mission admittance instructions in the of Commerce will endeavor to conduct statement, applications received after SUPPLEMENTARY INFORMATION section recruitment and selection for the the indicated deadline will be below. mission within 2–3 weeks. Applicants considered only if space and scheduling should be aware that mission statements constraints permit. FOR FURTHER INFORMATION CONTACT: Kari for Expedited Trade Missions will NOT Reidy, Manufacturing Extension The selection process for Expedited be notified in the Federal Register. Partnership, National Institute of Trade Missions will not differ Instead, they will be posted online at: Standards and Technology, 100 Bureau http://www.export.gov/trademissions/ substantively from other trade missions, Drive, Mail Stop 4800, Gaithersburg, eg_main_023185.asp. but will be compressed. The Department Maryland 20899–4800, telephone Applicants should also be aware that will endeavor to complete selection number (301) 975–4919, email deadlines for applying for Expedited within 5 business days after the [email protected]. Trade Missions will be extremely short. application deadline. Applicants for SUPPLEMENTARY INFORMATION: The MEP The procedures for selecting Expedited Trade Missions will be Advisory Board (Board) is authorized participants for Expedited Trade informed promptly whether or not they under section 3003(d) of the America Missions will be compressed. All have been selected. COMPETES Act (Pub. L. 110–69); interested parties that meet the The timing for Expedited Trade codified at 15 U.S.C. 278k(e), as conditions of participation are Missions is expected to be extremely amended, in accordance with the encouraged to apply, and all applicants compressed. We encourage those provisions of the Federal Advisory will be evaluated on an equal basis with selected for an Expedited Trade Mission Committee Act, as amended, 5 U.S.C. respect to the participation criteria. to begin making arrangements to App. The Board is composed of 10 DATES: Expedited Trade Mission participate immediately. Business or members, appointed by the Director of procedures are established as of April entry visas may be required to NIST. Hollings MEP is a unique 28, 2015. participate on the mission. Applying for program, consisting of centers across the SUPPLEMENTARY INFORMATION: The and obtaining such visas will be the United States and Puerto Rico with Department of Commerce endeavors to responsibility of the mission partnerships at the state, federal, and plan trade missions as far in advance as participant. Government fees and local levels. The Board provides a forum is feasible. However, in certain processing expenses to obtain such visas for input and guidance from Hollings circumstances it is in the Department’s are not included in the participation fee. MEP program stakeholders in the interest, and consistent with its However, the Department of Commerce formulation and implementation of priorities, to lead a trade mission on an will provide instructions to each tools and services focused on expedited basis, contingent on the participant on the procedures required supporting and growing the U.S. availability of Departmental resources. to obtain necessary business visas. manufacturing industry, provides The Department is establishing new advice on MEP programs, plans, and procedures for Expedited Trade FOR FURTHER INFORMATION CONTACT: policies, assesses the soundness of MEP Missions that will allow it, upon the Frank Spector, Acting Director, Trade plans and strategies, and assesses approval of the Secretary, Deputy Missions Program, Phone: (202) 482– current performance against MEP Secretary or Under Secretary of 2054, Email: [email protected]. program plans. International Trade, to lead trade Background information on the Board missions on an expedited basis. When Frank Spector, is available at http://www.nist.gov/mep/ the Secretary, Deputy Secretary or Acting Director, Trade Missions Program. about/advisory-board.cfm. Under Secretary of International Trade [FR Doc. 2015–09802 Filed 4–27–15; 8:45 am] Pursuant to the Federal Advisory approves a Decision Memo justifying BILLING CODE 3510–DR–P Committee Act, as amended, 5 U.S.C.
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App., notice is hereby given that the DEPARTMENT OF COMMERCE before this group for discussion, those MEP Advisory Board will hold an open issues may not be the subject of formal meeting on Tuesday, May 19, 2015, National Oceanic and Atmospheric action during this meeting. Action will from 8:30 a.m. to 5:00 p.m. Mountain Administration be restricted to those issues specifically Time. This meeting will focus on RIN 0648–XD917 identified in this notice and any issues updates from the Advisory Board Sub- arising after publication of this notice committees on (1) Technology Gulf of Mexico Fishery Management that require emergency action under Acceleration and (2) Board Governance. Council (Council); Public Meeting section 305(c) of the Magnuson-Stevens In addition, the board will engage in a Fishery Conservation and Management AGENCY: National Marine Fisheries Act, provided the public has been discussion about MEP workforce Service (NMFS), National Oceanic and activities. The final agenda will be notified of the Council’s intent to take Atmospheric Administration (NOAA), final action to address the emergency. posted on the MEP Advisory Board Web Commerce. site at http://www.nist.gov/mep/about/ Special Accommodations ACTION: Notice of a public meeting. advisory-board.cfm. This meeting is These meetings are physically being held in conjunction with the MEP SUMMARY: The Gulf of Mexico Fishery accessible to people with disabilities. Update meeting that will be held May Management Council (Council) will Requests for sign language 20–21, 2015, also at the Embassy Suites hold a meeting of its Ad Hoc Red interpretation or other auxiliary aids Phoenix-Scottsdale in Phoenix, Arizona. Snapper Charter For-Hire Advisory should be directed to Kathy Pereira at Admittance Instructions: Anyone Panel (AP). the Council Office (see ADDRESSES), at wishing to attend the MEP Advisory DATES: The meeting will convene on least 5 working days prior to the Board meeting should submit their Wednesday, May 13, 2015, from 8:30 meeting. name, email address and phone number a.m. until 5 p.m. Note: The times and sequence specified in to Kari Reidy ([email protected] or ADDRESSES: The meeting will be held at this agenda are subject to change. 301–975–4919) no later than Tuesday, the Gulf of Mexico Fishery Management May 12, 2015, 5:00 p.m. Eastern Time. Council office, 2203 North Lois Avenue, Authority: 16 U.S.C. 1801 et seq. Suite 1100, Tampa, FL, 33607. Individuals and representatives of Dated: April 22, 2015. organizations who would like to offer FOR FURTHER INFORMATION CONTACT: Dr. Tracey L. Thompson, comments and suggestions related to the Ava Lasseter, Anthropologist, Gulf of Acting Deputy Director, Office of Sustainable Mexico Fishery Management Council; Fisheries, National Marine Fisheries Service. MEP Advisory Board’s business are telephone: (813) 348–1630; fax: (813) invited to request a place on the agenda. [FR Doc. 2015–09671 Filed 4–27–15; 8:45 am] 348–1711; email: ava.lasseter@ BILLING CODE 3510–22–P Approximately 15 minutes will be gulfcouncil.org. reserved for public comments at the beginning of the meeting. Speaking SUPPLEMENTARY INFORMATION: The items times will be assigned on a first-come, of discussion on the agenda are as COMMODITY FUTURES TRADING first-served basis. The amount of time follows: COMMISSION per speaker will be determined by the Ad Hoc Red Snapper Charter For-Hire Global Markets Advisory Committee number of requests received but is likely Advisory Panel Agenda, Wednesday, to be no more than three to five minutes May 13, 2015, 8:30 a.m. Until 5 p.m. AGENCY: Commodity Futures Trading Commission. each. The exact time for public I. Adoption of Agenda comments will be included in the final II. Election of Chair and Vice-chair ACTION: Notice of meeting. agenda that will be posted on the MEP III. Overview of the Charter For-hire Advisory Board Web site as http:// Component SUMMARY: The Commodity Futures www.nist.gov/mep/about/advisory- IV. Red Snapper Management Approaches for Trading Commission (CFTC) announces board.cfm. Questions from the public the Charter For-hire Component that on May 14, 2015, from 2:00 p.m. to will not be considered during this V. Recommendations to the Council 5:30 p.m. the Global Markets Advisory VI. Other Business—Adjourn— period. Speakers who wish to expand Committee (GMAC) will hold a public upon their oral statements, those who The Agenda is subject to change, and meeting at the CFTC’s Washington, DC headquarters. The meeting will focus on had wished to speak but could not be the latest version will be posted on the issues related to assessing clearinghouse accommodated on the agenda, and those Council’s file server. For meeting safeguards and the CFTC’s proposal on who were unable to attend in person are materials see folder ‘‘Ad Hoc Red Snapper Charter For-Hire’’ on the Gulf the cross-border application of its invited to submit written statements to margin requirements for uncleared the MEP Advisory Board, National Council file server. To access the file server, the URL is swaps. The meeting will consist of two Institute of Standards and Technology, https://public.gulfcouncil.org:5001/ panels. The first panel will discuss 100 Bureau Drive, Mail Stop 4800, webman/index.cgi, or go to the clearinghouse capital contributions as Gaithersburg, Maryland 20899–4800, or Council’s Web site and click on the FTP well as clearinghouse stress testing. The via fax at (301) 963–6556, or link in the lower left of the Council Web second panel will discuss the CFTC’s electronically by email to kari.reidy@ site (http://www.gulfcouncil.org). The proposal regarding cross-border nist.gov. username and password are both application of its margin requirements Kevin Kimball, ‘‘gulfguest’’. for uncleared swaps. DATES: Chief of Staff. The meeting will be webcast over the The meeting will be held on internet. A link to the webcast will be Thursday, May 14, 2015, from 2:00 p.m. [FR Doc. 2015–09786 Filed 4–27–15; 8:45 am] available on the Council’s Web site, to 5:30 p.m. Members of the public who BILLING CODE 3510–13–P http://www.gulfcouncil.org. wish to submit written statements in Although non-emergency issues not connection with the meeting should contained in this agenda may come submit them by May 7, 2015.
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ADDRESSES: The meeting will take place ACTION: Notice. Register on 1/30/2015 at 80 FR 5093. in the Conference Center at the CFTC’s This comment period ended 3/31/15. headquarters, Three Lafayette Centre, SUMMARY: The Corporation for National One public comment was received, 1155 21st Street NW., Washington, DC and Community Service (CNCS) has however it was non-responsive to the 20581. Written statements should be submitted a public information proposed ICR and thus was not submitted by mail to: Commodity collection request (ICR) entitled addressed. Futures Trading Commission, Three Opportunity Youth Evaluation Bundling Description: This is a new Lafayette Centre, 1155 21st Street NW., study for review and approval in information collection request. This Washington, DC 20581, attention: Office accordance with the Paperwork study would administer a 20 minute, of the Secretary; or by electronic mail to: Reduction Act of 1995, Public Law 104– online, telephone, or paper and pencil [email protected]. Please use the title 13, (44 U.S.C. chapter 35). Copies of this survey to opportunity youth who are ICR, with applicable supporting ‘‘Global Markets Advisory Committee’’ engaged as AmeriCorps members in documentation, may be obtained by in any written statement you submit. select programs participating in the calling the Corporation for National and Any statements submitted in connection study. Additionally, a statistically Community Service, Adrienne with the committee meeting will be matched comparison group of DiTommaso, at 202–606–3611 or email made available to the public, including opportunity youth not engaged as to [email protected]. Individuals publication on the CFTC Web site, AmeriCorps members would receive the who use a telecommunications device www.cftc.gov. survey. The survey consists of three for the deaf (TTY–TDD) may call 1–800– sections of questions querying FOR FURTHER INFORMATION CONTACT: 833–3722 between 8:00 a.m. and 8:00 respondents about educational Danielle Barrett, GMAC Designated p.m. Eastern Time, Monday through attainment, employment status, and Federal Officer, Commodity Futures Friday. civic engagement, intending to assess Trading Commission, Three Lafayette DATES: Comments may be submitted, educational, employment and civic Centre, 1155 21st Street NW., identified by the title of the information engagement outcomes achieved as a Washington, DC 20581; (202) 418–5010. collection activity, within May 28, 2015. result of participating in the SUPPLEMENTARY INFORMATION: The ADDRESSES: Comments may be AmeriCorps program. meeting will be open to the public with submitted, identified by the title of the Type of Review: New. seating on a first-come, first-served information collection activity, to the Agency: Corporation for National and basis. Members of the public may also Office of Information and Regulatory Community Service. listen to the meeting by telephone by Affairs, Attn: Ms. Sharon Mar, OMB Title: Opportunity Youth Evaluation calling a domestic toll-free telephone or Desk Officer for the Corporation for Bundling project. international toll or toll-free number to National and Community Service, by OMB Number: None. connect to a live, listen-only audio feed. any of the following two methods Agency Number: None. Call-in participants should be prepared within 30 days from the date of Affected Public: Opportunity youth to provide their first name, last name, publication in the Federal Register: engaged in select AmeriCorps State and and affiliation. (1) By fax to: 202–395–6974, National programs, and a group of Domestic Toll Free: 1–866–844–9416. Attention: Ms. Sharon Mar, OMB Desk statistically matched comparison youth International Toll and Toll Free: Will Officer for the Corporation for National not participating in an AmeriCorps State be posted on the CFTC’s Web site, and Community Service; or and National program. http://www.cftc.gov, on the page for the (2) By email to: [email protected]. Total Respondents: 1266. meeting, under Related Documents. SUPPLEMENTARY INFORMATION: The OMB Frequency: Three times over a period Pass Code/Pin Code: CFTC. is particularly interested in comments of two years. After the meeting, a transcript of the which: Average Time per Response: 20 meeting will be published through a • Evaluate whether the proposed minutes. link on the CFTC’s Web site, http:// collection of information is necessary Estimated Total Burden Hours: 1266 www.cftc.gov. All written submissions for the proper performance of the hours total. provided to the CFTC in any form will functions of CNCS, including whether Total Burden Cost (capital/startup): also be published on the CFTC’s Web the information will have practical None. site. Persons requiring special utility; Total Burden Cost (operating/ accommodations to attend the meeting • Evaluate the accuracy of the maintenance): None. because of a disability should notify the agency’s estimate of the burden of the Dated: April 22, 2015. contact person above. proposed collection of information, Mary Hyde, Authority: 5 U.S.C. app. 2 section 10(a)(2). including the validity of the Acting Director of Research and Evaluation. methodology and assumptions used; [FR Doc. 2015–09829 Filed 4–27–15; 8:45 am] Dated: April 23, 2015. • Propose ways to enhance the Christopher J. Kirkpatrick, quality, utility, and clarity of the BILLING CODE 6050–28–P Secretary of the Commission. information to be collected; and [FR Doc. 2015–09794 Filed 4–27–15; 8:45 am] • Propose ways to minimize the DEPARTMENT OF EDUCATION BILLING CODE 6351–– burden of the collection of information on those who are to respond, including Applications for New Awards; through the use of appropriate Enhanced Assessment Instruments automated, electronic, mechanical, or CORPORATION FOR NATIONAL AND Grants Program—Enhanced other technological collection COMMUNITY SERVICE Assessment Instruments techniques or other forms of information Information Collection; Submission for technology. AGENCY: Office of Elementary and OMB Review, Comment Request Comments Secondary Education, Department of Education. AGENCY: Corporation for National and A 60-day Notice requesting public ACTION: Notice. Community Service. comment was published in the Federal
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Overview Information be used to capture a greater range of published in the Federal Register on Enhanced Assessment Instruments student performance. Leveraging December 10, 2014 (79 FR 73425). Grants Program—Enhanced Assessment technology could also improve the Absolute Priorities: For FY 2015 and Instruments. timeliness of reporting results, provide any subsequent year in which we make Notice inviting applications for new more options in the search for awards from the list of unfunded alternative ways to capture student awards for fiscal year (FY) 2015. applicants from this competition, these knowledge and abilities, and improve priorities are absolute priorities. Under Catalog of Federal Domestic Assistance the capability to automatically score 34 CFR 75.105(c)(3) we consider only (CFDA) Number: 84.368A. non-multiple choice items. applications that meet one or more of DATES: Applications Available: April 28, These enhancements—improved the absolute priorities. 2015. assessments, faster assessment results, These priorities are: and alternative ways to capture student Deadline for Notice of Intent to Apply: Absolute Priority 1—Collaboration May 28, 2015. knowledge—are also important to Deadline for Transmittal of support an initiative many States and Collaborate with institutions of higher Applications: June 29, 2015. school districts are pursuing, education, other research institutions, or Deadline for Intergovernmental personalized learning for all students. other organizations to improve the Review: August 26, 2015. Personalized classroom instruction is quality, validity, and reliability of State dependent upon having diagnostic, academic assessments beyond the Full Text of Announcement formative, interim, and summative requirements for these assessments I. Funding Opportunity Description assessments that produce reliable, valid, described in section 1111(b)(3) of the fair, and timely results in order to ESEA. Purpose of Program: The purpose of inform and tailor instruction for each the Enhanced Assessment Instruments student. Absolute Priority 2—Use of Multiple Grant program, also called the Enhanced In addition, recently, there has been Measures of Student Academic Assessment Grants (EAG) program, is to significant discussion about the amount Achievement enhance the quality of assessment of time students spend in formal testing, Measure student academic instruments and systems used by States including classroom, district, and State achievement using multiple measures of for measuring the academic assessments. Some State educational student academic achievement from achievement of elementary and agencies (SEAs), local educational multiple sources. secondary school students. agencies (LEAs), and schools are Absolute Priority 3—Charting Student Background currently in the process of reviewing assessments administered to students in Progress Over Time States are continuing to improve their kindergarten through grade 12 to better Chart student progress over time. college- and career-ready assessment understand if each assessment is of high Absolute Priority 4—Comprehensive systems. These improvement efforts quality, maximizes instructional goals, Academic Assessment Instruments include initiatives to use technology to has a clear purpose and utility, and is enhance the quality of assessments and designed to provide information on Evaluate student academic timeliness and utility of the results, students’ progress toward achieving achievement through the development emphasize the leveraging of information proficiency on State standards and of comprehensive academic assessment gained from assessments in support of assessments. The Department wants to instruments, such as performance- and personalized learning, and survey invest in and recognize States that are technology-based academic existing State and local assessment reviewing and streamlining their assessments. frameworks to determine whether the assessments, including eliminating Competitive Preference Priorities: For assessment is serving its intended redundant and unnecessary FY 2015 and any subsequent year in purpose to help schools meet their assessments, for the purposes of which we make awards from the list of goals. For example, the Department identifying promising practices that unfunded applicants from this appreciates that States need to continue could be followed by other SEAs, LEAs, competition, these priorities are developing new, innovative item types and schools to maximize the utility of competitive preference priorities. Under for use in summative assessments to assessments to parents, educators, and 34 CFR 75.105(c)(2)(i), the Department find new, more authentic methods for students. awards up to an additional 15 points to collecting evidence about what a The Department also wants to invest an application depending on how well student knows and is able to do as it in and support the development and the application meets competitive relates to State learning standards. enhancement of assessment systems to preference priority 1 and up to an Examples of this could include items better measure the knowledge and additional 15 points to an application that provide multi-step mathematics abilities of all students, as is reflected in depending on how well the application problems where students demonstrate the priorities for this year’s competition. meets competitive preference priority 2, their approach to solving each step; Priorities: This competition includes for a total of up to 30 points if both items that permit graphs or other visual four absolute priorities, two competitive competitive preference priorities are response types; or simulated game preference priorities, and three addressed. environments where students interact invitational priorities. In accordance These priorities are: with stimuli and interaction information with 34 CFR 75.105(b)(2)(iv), the is collected. absolute priorities are from section 6112 Competitive Preference Priority 1— As technology continues to advance of the Elementary and Secondary Implementing Internationally and become embedded in the classroom, Education Act of 1965, as amended Benchmarked College- and Career- assessment developers and educational (ESEA), 20 U.S.C. 7301a. The Ready Standards and Assessments leaders are looking for ways to leverage competitive preference priorities are Projects that are designed to support these advancements to improve the from the Department’s notice of final the implementation of, and transition to, testing experience for students. For supplemental priorities and definitions internationally benchmarked college- example, computer-adaptive tests could for discretionary grant programs, and career-ready standards and
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assessments, including projects in one and summative assessments that can prospective linking, validity, and or more of the following: inform instruction; program improvement studies; 1 (a) Developing and implementing (b) Develop new types of test items (d) Ensure that any assessments or student assessments (such as formative that use alternative or innovative other assessment-related instruments assessments, interim assessments, and methods to capture student knowledge developed under a grant from this summative assessments) or and abilities; or competition will be operational (ready performance-based tools that are aligned (c) Improve the capability to for large-scale administration) at the end with those standards, that are accessible automatically score non-multiple choice of the project period; to all students. items, such as to aid the development of (e) Ensure that funds awarded under (b) Developing and implementing computer-adaptive testing or improve the EAG program are not used to strategies that use the standards and support the development of standards, the timeliness of reporting results. information from assessments to inform such as under the English language classroom practices that meet the needs Invitational Priority: For FY 2015 and proficiency assessment system priority of all students. any subsequent year in which we make or any other priority; Within this competitive preference awards from the list of unfunded (f) Maximize the interoperability of priority, we are particularly interested applicants from this competition, this any assessments and other assessment- in applications that address the priority is an invitational priority. related instruments developed with following invitational priority. Under 34 CFR 75.105(c)(1) we do not funds from this competition across Invitational Priority: Under 34 CFR give an application that meets this technology platforms and the ability for 75.105(c)(1) we do not give an invitational priority a competitive or States to move their assessments from application that meets this invitational absolute preference over other one technology platform to another by priority a competitive or absolute applications. doing the following, as applicable, for preference over other applications. This priority is: any assessments developed with funds This priority is: Invitational Priority 3—Audit of State from this competition by— (1) Developing all assessment items in Invitational Priority 1—Developing and Local Assessment Systems Innovative Item Types accordance with an industry-recognized Projects that propose exemplary open-licensed interoperability standard Projects that develop new, innovative approaches for reviewing existing that is approved by the Department item types for use in summative assessments to ensure that each test is during the grant period, without non- assessments to find new, more authentic of high quality, maximizes instructional standard extensions or additions; and methods for collecting evidence about a goals, has a clear purpose and utility, (2) Producing all student-level data in student’s knowledge and abilities. and is designed to help students a manner consistent with an industry- Competitive Preference Priority 2— demonstrate mastery of State standards. recognized open-licensed Leveraging Technology To Support Requirements: The following interoperability standard that is Instructional Practice and Professional requirements for this competition are approved by the Department during the Development from the notice of final priorities, grant period; (g) Unless otherwise protected by law Projects that are designed to leverage requirements, definitions, and selection criteria for this program published in or agreement as proprietary information, technology through one or more of the make any assessment content (i.e., following: the Federal Register on April 19, 2011 (76 FR 21985). assessments and assessment items) and (a) Implementing high-quality other assessment-related instruments An eligible applicant awarded a grant accessible digital tools, assessments, developed with funds from this under this program must: and materials that are aligned with competition freely available to States, rigorous college- and career-ready (a) Evaluate the validity, reliability, technology platform providers, and standards. and fairness of any assessments or other others that request it for purposes of (b) Using data platforms that enable assessment-related instruments administering assessments, provided the development, visualization, and developed under a grant from this that those parties receiving assessment rapid analysis of data to inform and competition, and make available content comply with consortium or improve learning outcomes, while also documentation of evaluations of State requirements for test or item protecting privacy in accordance with technical quality through formal security; and applicable laws. mechanisms (e.g., peer-reviewed (h) For any assessments and other Within this competitive preference journals) and informal mechanisms assessment-related instruments priority, we are particularly interested (e.g., newsletters), both in print and developed with funds from this in applications that address the electronically; competition, use technology to the following invitational priority. (b) Actively participate in any Invitational Priority: Under 34 CFR maximum extent appropriate to applicable technical assistance activities develop, administer, and score the 75.105(c)(1) we do not give an conducted or facilitated by the application that meets this invitational assessments and report results. Department or its designees, coordinate Definitions: The following definitions priority a competitive or absolute with Race To The Top Assessment are from the notice of final priorities, preference over other applications. program in the development of This priority is: requirements, definitions, and selection assessments under this program, and criteria for this program published in Invitational Priority 2—Leveraging participate in other activities as the Federal Register on April 19, 2011 Technology To Support Personalized determined by the Department; (76 FR 21985), the notice of final Learning and To Improve Assessment (c) Develop a strategy to make priorities, requirement, definitions, and Tools student-level data that result from any Projects that focus on leveraging assessments or other assessment-related 1 Eligible applicants awarded a grant under this technology to: instruments developed under a grant program must comply with the Family Educational from this competition available on an Rights and Privacy Act (FERPA) and 34 CFR part (a) Support personalized learning, 99, as well as State and local requirements including diagnostic, formative, interim, ongoing basis for research, including for regarding privacy.
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selection criteria for this program Estimated Available Funds: Individuals with disabilities can published in the Federal Register on $8,945,000–$17,870,000. obtain a copy of the application package May 23, 2013 (78 FR 31343), and from Contingent upon the availability of in an accessible format (e.g., braille, the Department’s notice of final funds and the quality of applications, large print, audiotape, or compact disc) supplemental priorities and definitions we may make additional awards from by contacting the person listed under for discretionary grant programs the list of unfunded applicants from this Accessible Format in section VIII of this published in the Federal Register on competition. notice. December 10, 2014 (79 FR 73425). Estimated Range of Awards: 2. a. Content and Form of Application English learner means a child, $1,000,000 to $6,000,000. Submission: Requirements concerning including a child aged three and Estimated Average Size of Awards: the content of an application, together younger, who is an English learner $2,500,000. with the forms you must submit, are in consistent with the definition of a child Estimated Number of Awards: 3–6. the application package for this who is ‘‘limited English proficient,’’ as Note: Applicants should submit a single competition. applicable, in section 9101(25) of the budget request for a single budget and Page Limit: The project narrative (part ESEA. propose a project period of up to 48 months. 3 of the application) is where you, the Formative assessment (also known as Applicants should request a time period that applicant, address the selection criteria a classroom-based or ongoing is up to 48 months, based on a timeline that that reviewers use to evaluate your takes into account the urgency of the need of application. You must limit the project assessment) means assessment the final project findings and products to be questions, tools, and processes— accessible to the field. Subject to the narrative (part 3) to the equivalent of no (a) That are— availability of future years’ funds, the more than 65 pages, using the following (1) Specifically designed to monitor Department may make supplemental grant standards: children’s progress; awards to the grants awarded in this • A ‘‘page’’ is 8.5″ x 11″, on one side (2) Valid and reliable for their competition. only, with 1″ margins at the top, bottom, intended purposes and their target and both sides. populations; and Note: Applicants may not propose a budget • Double space (no more than three (3) Linked directly to the curriculum; for Invitational Priority 3, if addressed, of lines per vertical inch) all text in the and greater than $100,000. project narrative, including titles, (b) The results of which are used to Note: The Department is not bound by any headings, footnotes, quotations, guide and improve instructional estimates in this notice. references, and captions, as well as all practices. text in charts, tables, figures, and Project Period: Up to 48 months. Student with a disability means a graphs. student who has been identified as a III. Eligibility Information • Use Times New Roman font no child with a disability under the 1. Eligible Applicants: SEAs as smaller than 11.0 point for all text in the Individuals with Disabilities Education defined in section 9101(41) of the ESEA project narrative, including titles, Act, as amended. and consortia of such SEAs. headings, footnotes, quotations, Program Authority: 20 U.S.C. 7301a and 2. Cost Sharing or Matching: This references, and captions, as well as all 7842. competition does not require cost text in charts, tables figures, and graphs. Applicable Regulations: (a) The sharing or matching. Font sizes that are smaller than 11 but Education Department General 3. Other: An application from a round up to 11, such as 10.7 point, will Administrative Regulations (EDGAR) in consortium of SEAs must designate one be considered smaller than 11.0. 34 CFR parts 75, 77, 79, 81, 82, 84, 86, SEA as the fiscal agent. • Any screen shots included as part 97, 98, and 99. (b) The OMB Guidelines of the narrative should follow these to Agencies on Governmentwide IV. Application and Submission standards or, if other standards are Debarment and Suspension Information applied, be sized to equal the equivalent (Nonprocurement) in 2 CFR part 180, as 1. Address To Request Application amount of space if these standards were adopted and amended as regulations of Package: You can access the electronic applied. the Department in 2 CFR part 3485. (c) grant application for the Enhanced The page limit applies to the project The Uniform Administrative Assessment Instruments Grants Program narrative (part 3), including the table of Requirements, Cost Principles, and at www.Grants.gov. You must search for contents, which must include a Audit Requirements for Federal Awards the downloadable application package discussion of how the application meets in 2 CFR part 200, as adopted and for this competition by the CFDA one or more of the absolute priorities; if amended in 2 CFR part 3474. (d) The number. Do not include the CFDA applicable, how the application meets notice of final priorities, requirements, number’s alpha suffix in your search one or both of the competitive definitions, and selection criteria for (e.g., search for 84.368, not 84.368A). preference priorities; if applicable, how this program published in the Federal You can also obtain a copy of the the applicant addresses the invitational Register on April 19, 2011 (76 FR application package by contacting the priorities; and how well the application 21985). (e) The notice of final priorities, program contact, Erin Shackel, addresses each of the selection criteria. requirement, definitions, and selection Enhanced Assessment Grants Program, The page limit also applies to any criteria for this program published in Office of Elementary and Secondary attachments to the project narrative the Federal Register on May 23, 2013 Education, U.S. Department of other than the references/bibliography. (78 FR 31343). (f) The Department’s Education, 400 Maryland Avenue SW., In other words, the entirety of part 3 of notice of final supplemental priorities Room 3W111, Washington, DC 20202– the application, including the and definitions for discretionary grant 6132. Telephone: (202) 453–6423 or by aforementioned discussion and any programs published in the Federal email: [email protected]. attachments to the project narrative, Register on December 10, 2014 (79 FR If you use a telecommunications must be limited to the equivalent of no 73426). device for the deaf (TDD) or a text more than 65 pages. The only allowable telephone (TTY), call the Federal Relay attachments other than those included II. Award Information Service (FRS), toll free, at 1–800–877– in the project narrative are outlined in Type of Award: Discretionary grants. 8339. part 6, ‘‘Other Attachments Forms,’’ in
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the application package. Any Deadline for Transmittal of can be created within one to two attachments other than those included Applications: June 29, 2015. business days. within the page limit of the project Applications for grants under this If you are a corporate entity, agency, narrative and those outlined in part 6 competition must be submitted institution, or organization, you can will not be reviewed. electronically using the Grants.gov obtain a TIN from the Internal Revenue The 65-page limit, or its equivalent, Apply site (Grants.gov). For information Service. If you are an individual, you does not apply to the following sections (including dates and times) about how can obtain a TIN from the Internal of an application: Part 1 (including the to submit your application Revenue Service or the Social Security response regarding research activities electronically, or in paper format by Administration. If you need a new TIN, involving human subjects); part 2 (two- mail or hand delivery if you qualify for please allow 2–5 weeks for your TIN to page project abstract); part 4 (the budget an exception to the electronic become active. sections, including the chart and submission requirement, please refer to The SAM registration process can take narrative budget justification); part 5 section IV. 7. Other Submission approximately seven business days, but (standard assurances and certifications); Requirements of this notice. may take upwards of several weeks, and part 6 (memoranda of We do not consider an application depending on the completeness and understanding or other binding that does not comply with the deadline accuracy of the data entered into the agreement, if applicable; copy of requirements. SAM database by an entity. Thus, if you applicant’s indirect cost rate agreement; Individuals with disabilities who think you might want to apply for letters of commitment and support from need an accommodation or auxiliary aid Federal financial assistance under a collaborating SEAs and organizations; in connection with the application program administered by the and other attachments forms, including, process should contact the person listed Department, please allow sufficient time if applicable, references/bibliography under FOR FURTHER INFORMATION to obtain and register your DUNS for the project narrative and individual CONTACT in section VII of this notice. If number and TIN. We strongly re´sume´s for project director(s) and key the Department provides an recommend that you register early. personnel). Applicants are encouraged accommodation or auxiliary aid to an Note: Once your SAM registration is active, to limit each re´sume´ to no more than individual with a disability in you will need to allow 24 to 48 hours for the five pages. connection with the application information to be available in Grants.gov and In addition, do not use hyperlinks in process, the individual’s application before you can submit an application through an application. Reviewers will be remains subject to all other Grants.gov. instructed not to follow hyperlinks if requirements and limitations in this If you are currently registered with included. Our reviewers will not read notice. SAM, you may not need to make any any pages of your project narrative that Deadline for Intergovernmental changes. However, please make certain exceed the page limit, or the equivalent Review: August 26, 2015. that the TIN associated with your DUNS of the page limit if you apply other 4. Intergovernmental Review: This number is correct. Also note that you standards. Applicants are encouraged to competition is subject to E.O. 12372 and will need to update your registration submit applications that meet the page the regulations in 34 CFR part 79. annually. This may take three or more limit following the standards outlined Information about Intergovernmental business days. in this section rather than submitting Review of Federal Programs under E.O. Information about SAM is available at applications that are the equivalent of 12372 is in the application package for www.SAM.gov. To further assist you the page limit applying other standards. this competition. with obtaining and registering your 3. Submission Dates and Times: 5. Funding Restrictions: We reference DUNS number and TIN in SAM or Applications Available: April 28, regulations outlining funding updating your existing SAM account, 2015. restrictions in the Applicable we have prepared a SAM.gov Tip Sheet, Deadline for Notice of Intent To Regulations section in this notice. which you can find at: http:// Apply: May 28, 2015. 6. Data Universal Numbering System www2.ed.gov/fund/grant/apply/sam- We will be able to develop a more Number, Taxpayer Identification faqs.html. efficient process for reviewing grant Number, and System for Award In addition, if you are submitting your applications if we have a better Management: To do business with the application via Grants.gov, you must (1) understanding of the number of Department of Education, you must— be designated by your organization as an applicants that intend to apply for a. Have a Data Universal Numbering Authorized Organization Representative funding under this competition. System (DUNS) number and a Taxpayer (AOR); and (2) register yourself with Therefore, we strongly encourage each Identification Number (TIN); Grants.gov as an AOR. Details on these potential applicant to notify us of the b. Register both your DUNS number steps are outlined at the following applicant’s intent to submit an and TIN with the System for Award Grants.gov Web page: www.grants.gov/ application for funding. This Management (SAM) (formerly the web/grants/register.html. notification should be brief, and provide Central Contractor Registry (CCR)), the 7. Other Submission Requirements: the applicant organization’s name and Government’s primary registrant Applications for grants under this the SEA the applicant will designate as database; competition must be submitted the fiscal agent for an award. Submit c. Provide your DUNS number and electronically unless you qualify for an this notification by email to TIN on your application; and exception to this requirement in [email protected] with ‘‘Intent to d. Maintain an active SAM accordance with the instructions in this Apply’’ in the email subject line or mail registration with current information section. to Erin Shackel, U.S. Department of while your application is under review Education, 400 Maryland Avenue SW., by the Department and, if you are a. Electronic Submission of Room 3W111, Washington, DC 20202– awarded a grant, during the project Applications 6132. Applicants that do not provide period. Applications for grants under the EAG this email notification may still apply You can obtain a DUNS number from competition, CFDA number 84.368A, for funding. Dun and Bradstreet. A DUNS number must be submitted electronically using
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the Governmentwide Grants.gov Apply • You should review and follow the obtain a Grants.gov Support Desk Case site at www.Grants.gov. Through this Education Submission Procedures for Number and must keep a record of it. site, you will be able to download a submitting an application through If you are prevented from copy of the application package, Grants.gov that are included in the electronically submitting your complete it offline, and then upload and application package for this competition application on the application deadline submit your application. You may not to ensure that you submit your date because of technical problems with email an electronic copy of a grant application in a timely manner to the the Grants.gov system, we will grant you application to us. Grants.gov system. You can also find the an extension until 4:30:00 p.m., We will reject your application if you Education Submission Procedures Washington, DC time, the following submit it in paper format unless, as pertaining to Grants.gov under News business day to enable you to transmit described elsewhere in this section, you and Events on the Department’s G5 your application electronically or by qualify for one of the exceptions to the system home page at www.G5.gov. hand delivery. You also may mail your electronic submission requirement and • You will not receive additional application by following the mailing submit, no later than two weeks before point value because you submit your instructions described elsewhere in this the application deadline date, a written application in electronic format, nor notice. statement to the Department that you will we penalize you if you qualify for If you submit an application after qualify for one of these exceptions. an exception to the electronic 4:30:00 p.m., Washington, DC time, on Further information regarding submission requirement, as described the application deadline date, please calculation of the date that is two weeks elsewhere in this section, and submit contact the person listed under FOR before the application deadline date is your application in paper format. FURTHER INFORMATION CONTACT in provided later in this section under • You must submit all documents section VII of this notice and provide an Exception to Electronic Submission electronically, including all information explanation of the technical problem Requirement. you typically provide on the following you experienced with Grants.gov, along You may access the electronic grant forms: The Application for Federal with the Grants.gov Support Desk Case application for the EAG competition at Assistance (SF 424), the Department of Number. We will accept your www.Grants.gov. You must search for Education Supplemental Information for application if we can confirm that a the downloadable application package SF 424, Budget Information—Non- technical problem occurred with the for this competition by the CFDA Construction Programs (ED 524), and all Grants.gov system and that that problem number. Do not include the CFDA necessary assurances and certifications. affected your ability to submit your number’s alpha suffix in your search • You must upload any narrative application by 4:30:00 p.m., (e.g., search for 84.368, not 84.368A). sections and all other attachments to Washington, DC time, on the Please note the following: your application as files in a PDF application deadline date. The • When you enter the Grants.gov site, (Portable Document) read-only, non- Department will contact you after a you will find information about modifiable format. Do not upload an determination is made on whether your submitting an application electronically interactive or fillable PDF file. If you application will be accepted. through the site, as well as the hours of upload a file type other than a read- Note: The extensions to which we refer in operation. only, non-modifiable PDF or submit a this section apply only to the unavailability • Applications received by Grants.gov password-protected file, we will not of, or technical problems with, the Grants.gov are date and time stamped. Your review that material. system. We will not grant you an extension • if you failed to fully register to submit your application must be fully uploaded and Your electronic application must application to Grants.gov before the submitted and must be date and time comply with any page-limit application deadline date and time or if the stamped by the Grants.gov system no requirements described in this notice. technical problem you experienced is later than 4:30:00 p.m., Washington, DC • After you electronically submit unrelated to the Grants.gov system. time, on the application deadline date. your application, you will receive from Exception to Electronic Submission Except as otherwise noted in this Grants.gov an automatic notification of Requirement: You qualify for an section, we will not accept your receipt that contains a Grants.gov exception to the electronic submission application if it is received—that is, date tracking number. (This notification requirement, and may submit your and time stamped by the Grants.gov indicates receipt by Grants.gov only, not application in paper format, if you are system—after 4:30:00 p.m., Washington, receipt by the Department.) The unable to submit an application through DC time, on the application deadline Department then will retrieve your the Grants.gov system because— date. We do not consider an application application from Grants.gov and send a • You do not have access to the that does not comply with the deadline second notification to you by email. Internet; or requirements. When we retrieve your This second notification indicates that • You do not have the capacity to application from Grants.gov, we will the Department has received your upload large documents to the notify you if we are rejecting your application and has assigned your Grants.gov system; and application because it was date and time application a PR/Award number (an ED- • No later than two weeks before the stamped by the Grants.gov system after specified identifying number unique to application deadline date (14 calendar 4:30:00 p.m., Washington, DC time, on your application). days or, if the fourteenth calendar day the application deadline date. • We may request that you provide us before the application deadline date • The amount of time it can take to original signatures on forms at a later falls on a Federal holiday, the next upload an application will vary date. business day following the Federal depending on a variety of factors, Application Deadline Date Extension holiday), you mail or fax a written including the size of the application and in Case of Technical Issues with the statement to the Department, explaining the speed of your Internet connection. Grants.gov System: If you are which of the two grounds for an Therefore, we strongly recommend that experiencing problems submitting your exception prevents you from using the you do not wait until the application application through Grants.gov, please Internet to submit your application. deadline date to begin the submission contact the Grants.gov Support Desk, If you mail your written statement to process through Grants.gov. toll free, at 1–800–518–4726. You must the Department, it must be postmarked
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no later than two weeks before the on or before the application deadline special conditions and, in appropriate application deadline date. If you fax date, to the Department at the following circumstances, high-risk conditions on a your written statement to the address: U.S. Department of Education, grant if the applicant or grantee is not Department, we must receive the faxed Application Control Center, Attention: financially stable; has a history of statement no later than two weeks (CFDA Number 84.368A), 550 12th unsatisfactory performance; has a before the application deadline date. Street, SW., Room 7039, Potomac Center financial or other management system Address and mail or fax your Plaza, Washington, DC 20202–4260. that does not meet the standards in 2 statement to: Erin Shackel, U.S. The Application Control Center CFR part 200, subpart D; has not Department of Education, 400 Maryland accepts hand deliveries daily between fulfilled the conditions of a prior grant; Avenue SW., Room 3W111, 8:00 a.m. and 4:30:00 p.m., Washington, or is otherwise not responsible. DC time, except Saturdays, Sundays, Washington, DC 20202–6132. FAX: VI. Award Administration Information (202) 205–0310. and Federal holidays. 1. Award Notices: If your application Your paper application must be Note for Mail or Hand Delivery of Paper submitted in accordance with the mail Applications: If you mail or hand deliver is successful, we notify your U.S. or hand delivery instructions described your application to the Department— Representative and U.S. Senators and in this notice. (1) You must indicate on the envelope send you a Grant Award Notification and—if not provided by the Department—in (GAN); or we may send you an email b. Submission of Paper Applications by Item 11 of the SF 424 the CFDA number, containing a link to access an electronic Mail including suffix letter, if any, of the version of your GAN. We may notify competition under which you are submitting If you qualify for an exception to the you informally, also. your application; and If your application is not evaluated or electronic submission requirement, you (2) The Application Control Center will may mail (through the U.S. Postal mail to you a notification of receipt of your not selected for funding, we notify you. Service or a commercial carrier) your grant application. If you do not receive this 2. Administrative and National Policy application to the Department. You notification within 15 business days from the Requirements: We identify must mail the original and two copies application deadline date, you should call administrative and national policy of your application, on or before the the U.S. Department of Education requirements in the application package Application Control Center at (202) 245– and reference these and other application deadline date, to the 6288. Department at the following address: requirements in the Applicable U.S. Department of Education, Regulations section of this notice. V. Application Review Information We reference the regulations outlining Application Control Center, Attention: 1. Selection Criteria: The selection the terms and conditions of an award in (CFDA Number 84.368A), LBJ Basement criteria for this competition are from the Applicable Regulations section of Level 1, 400 Maryland Avenue SW., EDGAR General Selection Criteria 34 this notice and include these and other Washington, DC 20202–4260. CFR 75.210 and are listed in the specific conditions in the GAN. The You must show proof of mailing application package. Specifically, the GAN also incorporates your approved consisting of one of the following: following general selection criteria application as part of your binding (1) A legibly dated U.S. Postal Service apply to this competition: need for commitments under the grant. postmark. project, significance, quality of the 3. Reporting: (a) If you apply for a (2) A legible mail receipt with the project design, quality of project grant under this competition, you must date of mailing stamped by the U.S. services, quality of project personnel, ensure that you have in place the Postal Service. adequacy of resources, quality of the necessary processes and systems to (3) A dated shipping label, invoice, or management plan, quality of the project comply with the reporting requirements receipt from a commercial carrier. evaluation, and strategy to scale. in 2 CFR part 170 should you receive (4) Any other proof of mailing 2. Review and Selection Process: We funding under the competition. This acceptable to the Secretary of the U.S. remind potential applicants that in does not apply if you have an exception Department of Education. reviewing applications in any under 2 CFR 170.110(b). If you mail your application through discretionary grant competition, the (b) At the end of your project period, the U.S. Postal Service, we do not Secretary may consider, under 34 CFR you must submit a final performance accept either of the following as proof 75.217(d)(3), the past performance of the report, including financial information, of mailing: applicant in carrying out a previous as directed by the Secretary. If you (1) A private metered postmark. award, such as the applicant’s use of receive a multi-year award, you must (2) A mail receipt that is not dated by funds, achievement of project submit an annual performance report the U.S. Postal Service. objectives, and compliance with grant that provides the most current If your application is postmarked after conditions. The Secretary may also performance and financial expenditure the application deadline date, we will consider whether the applicant failed to information as directed by the Secretary not consider your application. submit a timely performance report or under 34 CFR 75.118. The Secretary Note: The U.S. Postal Service does not submitted a report of unacceptable may also require more frequent uniformly provide a dated postmark. Before quality. performance reports under 34 CFR relying on this method, you should check In addition, in making a competitive 75.720(c). For specific requirements on with your local post office. grant award, the Secretary also requires reporting, please go to www.ed.gov/ various assurances including those fund/grant/apply/appforms/ c. Submission of Paper Applications by applicable to Federal civil rights laws appforms.html. Hand Delivery that prohibit discrimination in programs 4. Performance Measures: Under the If you qualify for an exception to the or activities receiving Federal financial Government Performance and Results electronic submission requirement, you assistance from the Department of Act of 1993, the Department has (or a courier service) may deliver your Education (34 CFR 100.4, 104.5, 106.4, developed four measures to evaluate the paper application to the Department by 108.8, and 110.23). overall effectiveness of the Enhanced hand. You must deliver the original and 3. Special Conditions: Under 2 CFR Assessment Instruments Grants two copies of your application by hand, 3474.10, the Secretary may impose program: (1) The number of States that
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participate in Enhanced Assessment have Adobe Acrobat Reader, which is children become college- and career- Instruments Grants projects funded by available free at the site. ready. this competition; (2) the percentage of You may also access documents of the Given the interconnectedness of in- grantees that, at least twice during the Department published in the Federal school and out-of-school factors, the period of their grants, make available to Register by using the article search Department intends to award several SEA staff in non-participating States feature at: www.federalregister.gov. grants to encourage a community-wide and to assessment researchers Specifically, through the advanced approach to providing academic, social, information on findings resulting from search feature at this site, you can limit and other support services, for AI/AN the Enhanced Assessment Instruments your search to documents published by students and students’ family members Grants through presentations at national the Department. that will result in improved educational conferences, publications in refereed Dated: April 23, 2015. outcomes, and specifically college- and journals, or other products disseminated Deborah S. Delisle, career-readiness. Grantees’ project to the assessment community; (3) for evaluations will help inform future each grant cycle and as determined by Assistant Secretary for Elementary and Secondary Education. practices that effectively improve an expert panel, the percentage of outcomes for AI/AN youth. Enhanced Assessment Instruments [FR Doc. 2015–09898 Filed 4–27–15; 8:45 am] Priorities: This competition contains Grants that yield significant research, BILLING CODE 4000–01–P one absolute priority and five methodologies, products, or tools competitive preference priorities. In regarding assessment systems or accordance with 34 CFR 75.105(b)(2)(ii), DEPARTMENT OF EDUCATION assessments; and (4) for each grant cycle the absolute priority is from the notice and as determined by an expert panel, Applications for New Awards; Indian of final regulations (34 CFR 263.21(c)(1) the percentage of Enhanced Assessment Education Discretionary Grants and 263.20) for this program (NFR), Instruments Grants that yield significant Programs—Demonstration Grants for published in the Federal Register on research, methodologies, products, or Indian Children Program April 22, 2015 (80 FR 22403). In tools specifically regarding accordance with 34 CFR accommodations and alternate AGENCY: Office of Elementary and 75.105(b)(2)(iv), competitive preference assessments for students with Secondary Education, Department of priority one is from section 263.21(c)(5) disabilities and limited English Education. of the NFR, competitive preference proficient students. Grantees will be ACTION: Notice. priorities two and four are from section expected to include in their interim and 263.21(b) of the NFR, competitive final performance reports information Overview Information: Indian preference priority three paragraph (b) is about the accomplishments of their Education Discretionary Grants from section 263.21(c)(2) of the NFR, projects because the Department will Programs—Demonstration Grants for and competitive preference priority five need data on these measures. Indian Children Program Notice inviting is from section 263.21(a) of the NFR. applications for new awards for fiscal VII. Agency Contact Competitive preference priority three year (FY) 2015. paragraph (a) (relating to Promise FOR FURTHER INFORMATION CONTACT: Erin Catalog of Federal Domestic Zones) is from the notice of final Shackel, Enhanced Assessment Grants Assistance (CFDA) Number: 84.299A. priority published in the Federal Program, Office of Elementary and Dates Register on March 27, 2014 (79 FR Secondary Education, U.S. Department Applications Available: April 28, 17035). of Education, 400 Maryland Avenue Absolute Priority: For FY 2015 and SW., Room 3W111, Washington, DC 2015. Deadline for Notice of Intent To any subsequent year in which we make 20202–6132. Telephone: (202) 453–6423 awards from the list of unfunded or by email: [email protected]. Apply: June 2, 2015. Deadline for Transmittal of applicants from this competition, this If you use a TDD or a TTY, call the priority is an absolute priority. Under 34 FRS, toll-free, at 1–800–877–8339. Applications: June 29, 2015. Deadline for Intergovernmental CFR 75.105(c)(3) we consider only VIII. Other Information Review: August 26, 2015. applications that meet this priority. This priority is: Native Youth Accessible Format: Individuals with Full Text of Announcement Community Projects. disabilities can obtain this document I. Funding Opportunity Description A native youth community project and a copy of the application package in is— an accessible format (e.g., braille, large Purpose of Program: The purpose of (1) Focused on a defined local print, audiotape, or compact disc) on the Demonstration Grants for Indian geographic area; request to the program contact person Children program is to provide financial (2) Centered on the goal of ensuring listed under FOR FURTHER INFORMATION assistance to projects that develop, test, that Indian students are prepared for CONTACT in section VII in this notice. and demonstrate the effectiveness of college and careers; Electronic Access to This Document: services and programs to improve the (3) Informed by evidence, which The official version of this document is educational opportunities and could be either a needs assessment the document published in the Federal achievement of preschool, elementary, conducted within the last three years or Register. Free Internet access to the and secondary Indian students. other data analysis, on— official edition of the Federal Register Background: The priority for Native (i) The greatest barriers, both in and and the Code of Federal Regulations is Youth Community Projects is a new out of school, to the readiness of local available via the Federal Digital System priority under the Demonstration Grants Indian students for college and careers; at: www.gpo.gov/fdsys. At this site you program and a major part of the (ii) Opportunities in the local can view this document, as well as all Generation Indigenous (Gen-I) Initiative. community to support Indian students; other documents of this Department These projects will provide funding to and published in the Federal Register, in support community-driven, (iii) Existing local policies, programs, text or Adobe Portable Document comprehensive projects to help practices, service providers, and Format (PDF). To use PDF you must American Indian/Alaska Native (AI/AN) funding sources;
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(4) Focused on one or more barriers or (a) Designed to serve a local (2) Opportunities in the local opportunities with a community-based community within a federally community to support Indian students; strategy or strategies and measurable designated Promise Zone; or and objectives; (b) Submitted by a partnership or (3) Existing local policies, programs, (5) Designed and implemented consortium in which the lead applicant practices, service providers, and through a partnership of various or one of its partners has received a funding sources. entities, which— grant in the last four years under one or (f) A copy of an agreement signed by (i) Must include— more of the following grant or the partners in the proposed project, (A) One or more tribes or their tribal enhancement programs: identifying the responsibilities of each (1) State Tribal Education Partnership education agencies; and partner in the project. The agreement (title VII, part A, subpart 3). (B) One or more Department of the can be either— Interior Bureau of Indian Education (2) Sovereignty in Indian Education (BIE)-funded schools, one or more local Enhancements (Department of the (1) A consortium agreement that educational agencies (LEAs), or both; Interior). meets the requirements of 34 CFR and (3) Alaska Native Education Program 75.128, if each of the entities are eligible (ii) May include other optional (title VII, part C). entities under this program; or entities, including community-based (4) Promise Neighborhoods. (2) Another form of partnership organizations, national nonprofit Note: An application will not receive agreement, such as a memorandum of organizations, and Alaska regional points for both (a) and (b). understanding or a memorandum of corporations; and agreement, if not all the partners are (6) Led by an entity that— Competitive Preference Priority Four eligible entities under this program. (i) Is eligible for a grant under the We award one point to an application (g) A plan, which includes Demonstration Grants for Indian that is not eligible under Priority 2 and measurable objectives, to evaluate Children program; and is submitted by a consortium of eligible reaching the project goal or goals. (ii) Demonstrates, or partners with an entities or a partnership that includes an Statutory Hiring Preference: entity that demonstrates, the capacity to Indian tribe, Indian organization, or (a) Awards that are primarily for the improve outcomes that are relevant to Indian IHE. benefit of Indians are subject to the the project focus through experience Competitive Preference Priority Five provisions of section 7(b) of the Indian with programs funded through other Self-Determination and Education sources. We award one point to an application Assistance Act (Pub. L. 93–638). That Competitive Preference Priorities: For with a plan for combining two or more section requires that, to the greatest FY 2015 and any subsequent year in of the activities described in section extent feasible, a grantee— which we make awards from the list of 7121(c) of the ESEA over a period of (1) Give to Indians preferences and unfunded applicants from this more than one year. opportunities for training and competition, these priorities are Note: Applications that propose a project employment in connection with the competitive preference priorities. Under to meet the absolute priority will likely meet administration of the grant; and 34 CFR 75.105(c)(2)(i) we will award up this competitive preference priority. to an additional 9 points to an (2) Give to Indian organizations and to Application Requirements: The Indian-owned economic enterprises, as application, depending on how well the following requirements apply to all application meets one or more of these defined in section 3 of the Indian applications submitted under this Financing Act of 1974 (25 U.S.C. priorities. competition and are from section 263.22 These priorities are: 1452(e)), preference in the award of of the NFR, published in the Federal contracts in connection with the Competitive Preference Priority One Register on April 22, 2015 (80 FR administration of the grant. 22403). Each application must contain: We award three points to an (a) A description of how Indian tribes (b) For purposes of this section, an application proposing to serve a rural and parents of Indian children have Indian is a member of any federally local community. To meet this priority, been, and will be, involved in recognized Indian tribe. a project must include an LEA that is developing and implementing the Program Authority: 20 U.S.C. 7441. eligible under the Small Rural School proposed activities. Applicable Regulations: (a) The Achievement (SRSA) or Rural and Low- (b) Assurances that the applicant will Income School (RLIS) programs or a participate, at the request of the Education Department General BIE-funded school that is located in an Secretary, in any national evaluation of Administrative Regulations (EDGAR) in area designated by the U.S. Census this program. 34 CFR parts 75, 77, 79, 81, 82, 84, 86, Bureau with a locale code of 42 or 43. (c) Information demonstrating that the 97, 98, and 99. (b) The OMB Guidelines to Agencies on Government-wide Competitive Preference Priority Two proposed project is based on scientific research, where applicable, or an Debarment and Suspension (Non- We award three points to an existing program that has been modified procurement) in 2 CFR part 180, as application submitted by an eligible to be culturally appropriate for Indian adopted and amended as regulations of Indian tribe, Indian organization, or students. the Department in 2 CFR part 3485. (c) Indian institution of higher education (d) A description of how the applicant The Uniform Administrative (IHE). A consortium of eligible entities will continue the proposed activities Requirements, Cost Principles, and or a partnership is eligible to receive the once the grant period is over. Audit Requirements for Federal Awards points only if the lead applicant is an (e) Evidence, which could be either a in 2 CFR part 200, as adopted and Indian tribe, Indian organization, or needs assessment conducted within the amended in 2 CFR part 3474. (d) The Indian IHE. last three years or other data analysis, regulations for this program in 34 CFR of— part 263, including the recent Competitive Preference Priority Three (1) The greatest barriers, both in and amendments of the NFR, published in We award two points to an out of school, to the readiness of local the Federal Register on April 22, 2015 application that is either— Indian students for college and careers; (80 FR 22403).
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Note: The regulations in 34 CFR part 79 IV. Application and Submission to apply or bound by the information apply to all applicants except federally Information provided. recognized Indian tribes. 1. Address to Request Application Pre-Application Webinar: The Note: The regulations in 34 CFR part 86 Package: You can obtain an application Department intends to hold a pre- apply to institutions of higher education package via the Internet or from the application Webinar designed to only. Education Publications Center (ED provide technical assistance to Pubs). interested applicants. Information about II. Award Information To obtain a copy via the Internet, use Webinar times and instructions for registering are on the Department Web Type of Award: Discretionary grants. the following address: www.ed.gov/ gund/grant/apply/grantapps/ site at http://www2.ed.gov/programs/ Estimated Available Funds: index.html. indiandemo/applicant.html. $3,000,000. To obtain a copy from ED Pubs, write, Page Limit: The application narrative Contingent upon the availability of fax, or call the following: ED Pubs, U.S. is where you, the applicant, address the funds and the quality of applications, Department of Education, P.O. Box selection criteria that reviewers use to we may make additional awards in FY 22207, Alexandria, VA 22304. evaluate your application. The 2016 from the list of unfunded Telephone, toll free: 1–877–433–7827. suggested page limit for the application applicants from this competition. FAX: (703) 605–6794. If you use a narrative is 35 pages. The suggested Estimated Range of Awards: telecommunications device for the deaf standards for the narrative include: • ″ ″ $400,000–600,000. (TDD) or a text telephone (TTY), call, A page is 8.5 x 11 , on one side ″ Estimated Average Size of Awards: toll free: 1–877–576–7734. only, with 1 margins at the top, bottom, $500,000. You can contact ED Pubs at its Web and both sides. • Double space all text in the Estimated Number of Awards: 5–7. site, also: www.EDPubs.gov or at its email address: [email protected]. application narrative, including titles, Note: The Department is not bound by any If you request an application from ED headings, footnotes, quotations, estimates in this notice. Pubs, be sure to identify this program or references, and captions, as well as all Project Period: Up to 48 months. competition as follows: CFDA number text in charts, tables, figures, and 84.299A. graphs. III. Eligibility Information Individuals with disabilities can • Use a font that is 12 point or larger 1. Eligible Applicants: Eligible obtain a copy of the application package but no smaller than 10 pitch (characters in an accessible format (e.g., braille, per inch). applicants for this program are State • educational agencies; LEAs, including large print, audiotape, or compact disc) Use one of the following fonts: charter schools that are considered by contacting the person or team listed Times New Roman, Courier, Courier LEAs under State law; Indian tribes; under FOR FURTHER INFORMATION New, or Arial. Indian organizations; BIE-funded CONTACT in section VII of this notice. The suggested page limit does not schools; Indian institutions (including 2. a. Content and Form of Application apply to the cover sheet; the budget Indian IHEs); or a consortium of any of Submission: Requirements concerning section, including the budget narrative these entities. the content of an application, together justification; the consortium agreement or partnership agreement; the An application from a consortium of with the forms you must submit, are in assurances and certifications; or the eligible entities must meet the the application package for this abstract, the resumes, the bibliography, requirements of 34 CFR 75.127 through competition. or other required attachments. 75.129, including the requirement to Notice of Intent to Apply: The b. Submission of Proprietary include a signed consortium agreement Department will be able to review grant Information: Given the types of projects with the application. Letters of support applications more efficiently if we know that may be proposed in applications for do not meet the requirement for a the approximate number of applicants the Demonstration Grants for Indian consortium agreement. that intend to apply. Therefore, the Assistant Secretary strongly encourages Children, an application may include Applicants applying in a consortium each potential applicant to notify us of business information that the applicant with or as an Indian organization must their intent to submit an application for considers proprietary. The Department’s demonstrate that they meet the funding. To do so, please email regulations define ‘‘business definition of ‘‘Indian organization’’ in [email protected] with the information’’ in 34 CFR 5.11. 34 CFR 263.20. subject line ‘‘Intent to Apply,’’ and Because we plan to make successful The term ‘‘Indian institution of higher include the following information: applications available to the public, you education’’ means an accredited college 1. Applicant’s name, mailing address, may wish to request confidentiality of or university within the United States and phone number; business information. cited in section 532 of the Equity in 2. Contact person’s name and email Consistent with E. O. 12600, please Educational Land-Grant Status Act of address; designate in your application any 1994 (7 U.S.C. 301 note), any other 3. A defined local geographical information that you feel is exempt from institution that qualifies for funding community to be served; disclosure under Exemption 4 of the under the Tribally Controlled College or 4. Name(s) of partnering LEA(s) or Freedom of Information Act. In the University Assistance Act of 1978 (25 BIE-funded school(s); appropriate Appendix section of your U.S.C. 1801 et seq.), and Dine College 5. Names of partnering tribe(s) or application, under ‘‘Other Attachment (formerly Navajo Community College) TEA(s); and Form,’’ please list the page number or authorized in the Navajo Community 6. If appropriate, names of other numbers on which we can find this College Assistance Act of 1978 (25 partnering organizations. information. For additional information U.S.C. 640a et seq.). Applicants that do not submit a notice please see 34 CFR 5.11(c). 2. Cost Sharing or Matching: This of intent to apply may still apply for 3. Submission Dates and Times: competition does not require cost funding; applicants that do submit a Applications Available: April 28, sharing or matching. notice of intent to apply are not bound 2015.
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Deadline for Notice of Intent to can be created within one-to-two submitted electronically using the Apply: June 2, 2015. business days. Governmentwide Grants.gov Apply site Deadline for Transmittal of If you are a corporate entity, agency, at www.Grants.gov. Through this site, Applications: June 29, 2015. institution, or organization, you can you will be able to download a copy of Applications for grants under this obtain a TIN from the Internal Revenue the application package, complete it competition must be submitted Service. If you are an individual, you offline, and then upload and submit electronically using the Grants.gov can obtain a TIN from the Internal your application. You may not email an Apply site (Grants.gov). For information Revenue Service or the Social Security electronic copy of a grant application to (including dates and times) about how Administration. If you need a new TIN, us. to submit your application please allow 2–5 weeks for your TIN to We will reject your application if you electronically, or in paper format by become active. submit it in paper format unless, as mail or hand delivery if you qualify for The SAM registration process can take described elsewhere in this section, you an exception to the electronic approximately seven business days, but qualify for one of the exceptions to the submission requirement, please refer to may take upwards of several weeks, electronic submission requirement and section IV. 7. Other Submission depending on the completeness and submit, no later than two weeks before Requirements of this notice. accuracy of the data entered into the the application deadline date, a written We do not consider an application SAM database by an entity. Thus, if you statement to the Department that you that does not comply with the deadline think you might want to apply for qualify for one of these exceptions. requirements. Federal financial assistance under a Further information regarding Individuals with disabilities who program administered by the calculation of the date that is two weeks need an accommodation or auxiliary aid Department, please allow sufficient time before the application deadline date is in connection with the application to obtain and register your DUNS provided later in this section under process should contact the person listed number and TIN. We strongly Exception to Electronic Submission under For Further Information Contact recommend that you register early. Requirement. in section VII of this notice. If the You may access the electronic grant Note: Once your SAM registration is active, Department provides an accommodation application for the Indian Education— you will need to allow 24 to 48 hours for the Demonstration Grants for Indian or auxiliary aid to an individual with a information to be available in Grants.gov and disability in connection with the before you can submit an application through Children program at www.Grants.gov. application process, the individual’s Grants.gov. You must search for the downloadable application remains subject to all other application package for this program by If you are currently registered with requirements and limitations in this the CFDA number. Do not include the SAM, you may not need to make any notice. CFDA number’s alpha suffix in your Deadline for Intergovernmental changes. However, please make certain search (e.g., search for 84.299, not Review: August 26, 2015. that the TIN associated with your DUNS 84.299A). 4. Intergovernmental Review: This number is correct. Also note that you Please note the following: • competition is subject to E. O. 12372 will need to update your registration When you enter the Grants.gov site, and the regulations in 34 CFR part 79. annually. This may take three or more you will find information about Information about Intergovernmental business days. submitting an application electronically Review of Federal Programs under E. O. Information about SAM is available at through the site, as well as the hours of www.SAM.gov. To further assist you operation. 12372 is in the application package for • this competition. with obtaining and registering your Applications received by Grants.gov 5. Funding Restrictions: We reference DUNS number and TIN in SAM or are date and time stamped. Your regulations outlining funding updating your existing SAM account, application must be fully uploaded and restrictions in the Applicable we have prepared a SAM.gov Tip Sheet, submitted and must be date and time Regulations section of this notice. which you can find at: http:// stamped by the Grants.gov system no 6. Data Universal Numbering System www2.ed.gov/fund/grant/apply/sam- later than 4:30:00 p.m., Washington, DC Number, Taxpayer Identification faqs.html. time, on the application deadline date. Number, and System for Award In addition, if you are submitting your Except as otherwise noted in this Management: To do business with the application via Grants.gov, you must (1) section, we will not accept your Department of Education, you must— be designated by your organization as an application if it is received—that is, date a. Have a Data Universal Numbering Authorized Organization Representative and time stamped by the Grants.gov System (DUNS) number and a Taxpayer (AOR); and (2) register yourself with system—after 4:30:00 p.m., Washington, Identification Number (TIN); Grants.gov as an AOR. Details on these DC time, on the application deadline b. Register both your DUNS number steps are outlined at the following date. We do not consider an application and TIN with the System for Award Grants.gov Web page: www.grants.gov/ that does not comply with the deadline Management (SAM) (formerly the web/grants/register.html requirements. When we retrieve your Central Contractor Registry (CCR)), the 7. Other Submission Requirements: application from Grants.gov, we will Government’s primary registrant Applications for grants under this notify you if we are rejecting your database; program must be submitted application because it was date and time c. Provide your DUNS number and electronically unless you qualify for an stamped by the Grants.gov system after TIN on your application; and exception to this requirement in 4:30:00 p.m., Washington, DC time, on d. Maintain an active SAM accordance with the instructions in this the application deadline date. registration with current information section. • The amount of time it can take to while your application is under review a. Electronic Submission of upload an application will vary by the Department and, if you are Applications. depending on a variety of factors, awarded a grant, during the project Applications for grants under the including the size of the application and period. Indian Education—Demonstration the speed of your Internet connection. You can obtain a DUNS number from Grants for Indian Children program, Therefore, we strongly recommend that Dun and Bradstreet. A DUNS number CFDA number 84.299A, must be you do not wait until the application
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deadline date to begin the submission toll free, at 1–800–518–4726. You must If you mail your written statement to process through Grants.gov. obtain a Grants.gov Support Desk Case the Department, it must be postmarked • You should review and follow the Number and must keep a record of it. no later than two weeks before the Education Submission Procedures for If you are prevented from application deadline date. If you fax submitting an application through electronically submitting your your written statement to the Grants.gov that are included in the application on the application deadline Department, we must receive the faxed application package for this program to date because of technical problems with statement no later than two weeks ensure that you submit your application the Grants.gov system, we will grant you before the application deadline date. in a timely manner to the Grants.gov an extension until 4:30:00 p.m., Address and mail or fax your system. You can also find the Education Washington, DC time, the following statement to: David E. Emenheiser, U.S. Submission Procedures pertaining to business day to enable you to transmit Department of Education, 400 Maryland Grants.gov under News and Events on your application electronically or by Avenue SW., Room 3W215, the Department’s G5 system home page hand delivery. You also may mail your Washington, DC 20202–6335. FAX: at www.G5.gov. application by following the mailing (202) 401–0606. • You will not receive additional instructions described elsewhere in this Your paper application must be point value because you submit your notice. submitted in accordance with the mail application in electronic format, nor If you submit an application after or hand delivery instructions described will we penalize you if you qualify for 4:30:00 p.m., Washington, DC time, on in this notice. an exception to the electronic the application deadline date, please b. Submission of Paper Applications submission requirement, as described contact the person listed under FOR by Mail. elsewhere in this section, and submit FURTHER INFORMATION CONTACT in If you qualify for an exception to the your application in paper format. section VII of this notice and provide an electronic submission requirement, you • You must submit all documents explanation of the technical problem may mail (through the U.S. Postal electronically, including all information you experienced with Grants.gov, along Service or a commercial carrier) your you typically provide on the following with the Grants.gov Support Desk Case application to the Department. You forms: the Application for Federal Number. We will accept your must mail the original and two copies Assistance (SF 424), the Department of application if we can confirm that a of your application, on or before the Education Supplemental Information for technical problem occurred with the application deadline date, to the SF 424, Budget Information—Non- Grants.gov system and that the problem Department at the following address: Construction Programs (ED 524), and all affected your ability to submit your U.S. Department of Education, necessary assurances and certifications. Application Control Center, Attention: • You must upload any narrative application by 4:30:00 p.m., Washington, DC time, on the (CFDA Number 84.299A) LBJ Basement sections and all other attachments to Level 1, 400 Maryland Avenue SW., your application as files in a PDF application deadline date. The Department will contact you after a Washington, DC 20202–4260. (Portable Document) read-only, non- You must show proof of mailing modifiable format. Do not upload an determination is made on whether your application will be accepted. consisting of one of the following: interactive or fillable PDF file. If you (1) A legibly dated U.S. Postal Service upload a file type other than a read- Note: The extensions to which we refer in this section apply only to the unavailability postmark. only, non-modifiable PDF or submit a (2) A legible mail receipt with the password-protected file, we will not of, or technical problems with, the Grants.gov system. We will not grant you an extension date of mailing stamped by the U.S. review that material. Postal Service. • Your electronic application must if you failed to fully register to submit your application to Grants.gov before the (3) A dated shipping label, invoice, or comply with any page-limit application deadline date and time or if the receipt from a commercial carrier. requirements described in this notice. technical problem you experienced is (4) Any other proof of mailing • After you electronically submit unrelated to the Grants.gov system. acceptable to the Secretary of the U.S. your application, you will receive from Department of Education. Grants.gov an automatic notification of Exception to Electronic Submission If you mail your application through receipt that contains a Grants.gov Requirement: You qualify for an the U.S. Postal Service, we do not tracking number. (This notification exception to the electronic submission accept either of the following as proof indicates receipt by Grants.gov only, not requirement, and may submit your of mailing: receipt by the Department.) The application in paper format, if you are (1) A private metered postmark. Department then will retrieve your unable to submit an application through (2) A mail receipt that is not dated by application from Grants.gov and send a the Grants.gov system because— • the U.S. Postal Service. second notification to you by email. You do not have access to the If your application is postmarked after This second notification indicates that Internet; or the application deadline date, we will the Department has received your • You do not have the capacity to not consider your application. application and has assigned your upload large documents to the application a PR/Award number (an ED- Grants.gov system; and Note: The U.S. Postal Service does not specified identifying number unique to • No later than two weeks before the uniformly provide a dated postmark. Before your application). application deadline date (14 calendar relying on this method, you should check • We may request that you provide us days or, if the fourteenth calendar day with your local post office. original signatures on forms at a later before the application deadline date c. Submission of Paper Applications date. falls on a Federal holiday, the next by Hand Delivery. Application Deadline Date Extension business day following the Federal If you qualify for an exception to the in Case of Technical Issues with the holiday), you mail or fax a written electronic submission requirement, you Grants.gov System: If you are statement to the Department, explaining (or a courier service) may deliver your experiencing problems submitting your which of the two grounds for an paper application to the Department by application through Grants.gov, please exception prevent you from using the hand. You must deliver the original and contact the Grants.gov Support Desk, Internet to submit your application. two copies of your application by hand,
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on or before the application deadline project, the Secretary considers the proposed project to the implementation date, to the Department at the following following factors: and success of the project. address: U.S. Department of Education, (i) The extent to which the project is (ii) The extent to which the costs are Application Control Center, Attention: focused on a defined local geographic reasonable in relation to the number of (CFDA Number 84.299A) 550 12th area. persons to be served and to the Street SW., Room 7039, Potomac Center (ii) The extent to which the proposed anticipated results and benefits. Plaza, Washington, DC 20202–4260. project is based on scientific research, e. Quality of Experience (Maximum The Application Control Center where applicable, or an existing 10 points). The Secretary considers the accepts hand deliveries daily between program that has been modified to be quality of experience for the proposed 8:00 a.m. and 4:30:00 p.m., Washington, culturally appropriate for Indian project. In determining the quality of DC time, except Saturdays, Sundays, students. experience for the proposed project, the and Federal holidays. (iii) The extent to which the goals, Secretary considers the following factor: objectives, and outcomes to be achieved The extent to which the applicant, or Note for Mail or Hand Delivery of Paper by the proposed project are clearly Applications: If you mail or hand deliver one of its partners, demonstrates your application to the Department— specified and measurable. capacity to improve outcomes that are (1) You must indicate on the envelope (iv) The extent to which the design of relevant to the project focus through and—if not provided by the Department—in the proposed project is appropriate to, experience with programs funded Item 11 of the SF 424 the CFDA number, and will successfully address, the needs through other sources. including suffix letter, if any, of the of the target population or other f. Quality of the management plan competition under which you are submitting identified needs. (Maximum 20 points). The Secretary your application; and (v) The extent to which the proposed considers the quality of the management (2) The Application Control Center will project is supported by strong theory (as plan for the proposed project. In mail to you a notification of receipt of your defined in 34 CFR 77.1(c)). grant application. If you do not receive this determining the quality of the (vi) The extent to which the services management plan for the proposed notification within 15 business days from the to be provided by the proposed project application deadline date, you should call project, the Secretary considers the the U.S. Department of Education involve the collaboration of appropriate following factors: Application Control Center at (202) 245– partners for maximizing the (i) The adequacy of the management 6288. effectiveness of project services. plan to achieve the objectives of the c. Quality of project personnel proposed project on time and within V. Application Review Information (Maximum 10 points). The Secretary budget, including clearly defined considers the quality of the personnel 1. Selection Criteria: The selection responsibilities, timelines, and who will carry out the proposed project. criteria for this competition include milestones for accomplishing project In determining the quality of project general selection criteria from 34 CFR tasks. personnel, the Secretary considers the 75.210 and selection criteria based on (ii) The adequacy of procedures for extent to which the applicant regulatory requirements in 34 CFR part ensuring feedback and continuous encourages applications for employment 263, including the recent amendments improvement in the operation of the from persons who are members of of the NFR, published in the Federal proposed project. groups that have traditionally been Register on April 22, 2015 (80 FR (iii) The extent to which Indian tribes underrepresented based on race, color, 22403), in accordance with 34 CFR and parents of Indian children have national origin, gender, age, or 75.209(a). We will award up to 100 been, and will be, involved in disability. In addition, the Secretary points to an application under the developing and implementing the considers the following factors: proposed activities. selection criteria; the total possible (i) The qualifications, including points for each selection criterion are g. Quality of the project evaluation relevant training and experience, of the (Maximum 10 points). The Secretary noted in parentheses. project director or principal a. Need for project (Maximum 15 considers the quality of the evaluation investigator. to be conducted of the proposed project. points). The Secretary considers the (ii) The qualifications, including need for the proposed project. In In determining the quality of the relevant training and experience, of key evaluation, the Secretary considers the determining the need for the proposed project personnel. project, the Secretary considers the following factors: following factor: Note: Please note that section 7(b) of the (i) The extent to which the methods (i) The extent to which the project is Indian Self-Determination and Education of evaluation include the use of Assistance Act requires that to the greatest informed by evidence, which could be objective performance measures that are extent feasible, a grantee must give to Indians clearly related to the intended outcomes either a needs assessment conducted preference and opportunities in connection within the last three years or other data with the administration of the grant, and give of the project and will produce analysis, of: Indian organizations and Indian-owned quantitative and qualitative data to the (1) The greatest barriers both in and economic enterprises, as defined in section 3 extent possible. out of school to the readiness of local of the Indian Financing Act of 1974 (25 (ii) The extent to which the evaluation Indian students for college and careers; U.S.C. 1452(e)), preference in the award of will provide guidance about effective (2) Opportunities in the local contracts in connection with the strategies suitable for replication or community to support Indian students; administration of the grant. testing in other settings. and d. Adequacy of resources (Maximum 2. Review and Selection Process: We (3) Existing local policies, programs, 10 points). The Secretary considers the remind potential applicants that in practices, service providers, and adequacy of resources for the proposed reviewing applications in any funding sources. project. In determining the adequacy of discretionary grant competition, the b. Quality of the project design resources for the proposed project, the Secretary may consider, under 34 CFR (Maximum 25 points). The Secretary Secretary considers the following 75.217(d)(3), the past performance of the considers the quality of the design of the factors: applicant in carrying out a previous proposed project. In determining the (i) The relevance and demonstrated award, such as the applicant’s use of quality of the design of the proposed commitment of each partner in the funds, achievement of project
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objectives, and compliance with grant that provides the most current VIII. Other Information conditions. The Secretary may also performance and financial expenditure Accessible Format: Individuals with consider whether the applicant failed to information as directed by the Secretary disabilities can obtain this document submit a timely performance report or under 34 CFR 75.118. The Secretary and a copy of the application package in submitted a report of unacceptable may also require more frequent an accessible format (e.g., braille, large quality. performance reports under 34 CFR print, audiotape, or compact disk) on In addition, in making a competitive 75.720(c). For specific requirements on request to the program contact person grant award, the Secretary also requires reporting, please go to www.ed.gov/ listed under FOR FURTHER INFORMATION various assurances including those fund/grant/apply/appforms/ CONTACT in section VII of this notice. applicable to Federal civil rights laws appforms.html. Electronic Access to This Document: that prohibit discrimination in programs 4. Performance Measures: Under the The official version of this document is or activities receiving Federal financial Government Performance and Results the document published in the Federal assistance from the Department of Act of 1993 (GPRA), the Department has Register. Free Internet access to the Education (34 CFR 100.4, 104.5, 106.4, developed the following performance official edition of the Federal Register 108.8, and 110.23). measures for measuring the overall and the Code of Federal Regulations is 3. Special Conditions: Under 2 CFR effectiveness of the Demonstration available via the Federal Digital System 3474.10, the Secretary may impose Grants for Indian Children program: at: www.gpo.gov/fdsys. At this site you (1) The percentage of the annual special conditions and, in appropriate can view this document, as well as all measurable objectives, as described in circumstances, high-risk conditions on a other documents of this Department the application, that are met by grantees; grant if the applicant or grantee is not published in the Federal Register, in financially stable; has a history of and (2) The percentage of grantees that text or Adobe Portable Document unsatisfactory performance; has a Format (PDF). To use PDF you must financial or other management system report a significant increase in community collaborative efforts that have Adobe Acrobat Reader, which is that does not meet the standards in 2 available free at the site. CFR part 200, subpart D; has not promote college and career readiness of Indian children. You may also access documents of the fulfilled the conditions of a prior grant; Department published in the Federal or is otherwise not responsible. These measures constitute the Department’s indicators of success for Register by using the article search VI. Award Administration Information this program. Consequently, we advise feature at: www.federalregister.gov. Specifically, through the advanced 1. Award Notices: If your application an applicant for a grant under this search feature at this site, you can limit is successful, we notify your U.S. program to give careful consideration to your search to documents published by Representative and U.S. Senators and these measures in developing the the Department. send you a Grant Award Notification proposed project and identifying the (GAN); or we may send you an email method of evaluation. Each grantee will Dated: April 23, 2015. containing a link to access an electronic be required to provide, in its annual Deborah S. Delisle, version of your GAN. We may notify performance and final reports, data Assistant Secretary for Elementary and you informally, also. about its progress in meeting these Secondary Education. If your application is not evaluated or measures. [FR Doc. 2015–09832 Filed 4–27–15; 8:45 am] not selected for funding, we notify you. 5. Continuation Awards: In making a BILLING CODE 4000–01–P 2. Administrative and National Policy continuation award under 34 CFR Requirements: We identify 75.253, the Secretary considers, among administrative and national policy other things: Whether a grantee has DEPARTMENT OF ENERGY requirements in the application package made substantial progress in achieving and reference these and other the goals and objectives of the project; [OE Docket No. TPF–01] requirements in the Applicable whether the grantee has expended funds Application for Proposed Project for Regulations section of this notice. in a manner that is consistent with its Clean Line Plains & Eastern We reference the regulations outlining approved application and budget; and, Transmission Line the terms and conditions of an award in if the Secretary has established the Applicable Regulations section of performance measurement AGENCY: Office of Electricity Delivery this notice and include these and other requirements, the performance targets in and Energy Reliability, DOE. specific conditions in the GAN. The the grantee’s approved application. In ACTION: Notice of Application. GAN also incorporates your approved making a continuation grant, the application as part of your binding Secretary also considers whether the SUMMARY: The Department of Energy commitments under the grant. grantee is operating in compliance with (DOE) requests public comment on the 3. Reporting: (a) If you apply for a the assurances in its approved first complete application submitted in grant under this competition, you must application, including those applicable response to its June 10, 2010 Request for ensure that you have in place the to Federal civil rights laws that prohibit Proposals for New or Upgraded necessary processes and systems to discrimination in programs or activities Transmission Line Projects Under comply with the reporting requirements receiving Federal financial assistance Section 1222 of the Energy Policy Act of in 2 CFR part 170 should you receive from the Department (34 CFR 100.4, 2005 in the Federal Register (75 FR funding under the competition. This 104.5, 106.4, 108.8, and 110.23). 32940) (2010 RFP). In response to the 2010 RFP, Clean Line Energy Partners, does not apply if you have an exception VII. Agency Contact under 2 CFR 170.110(b). LLC, submitted an application for its (b) At the end of your project period, FOR FURTHER INFORMATION CONTACT: Plains & Eastern Clean Line project. The you must submit a final performance David E. Emenheiser, U.S. Department project would include an overhead report, including financial information, of Education, 400 Maryland Avenue ±600-kilovolt (kV) high voltage, direct as directed by the Secretary. If you SW., Room 3W215, Washington, DC current electric transmission system and receive a multi-year award, you must 20202. Telephone: (202) 260–1488 or by associated facilities with the capacity to submit an annual performance report email: [email protected]. deliver approximately 3,500 megawatts
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primarily from renewable energy (B) Necessary to accommodate an application and other documentation generation facilities in the Oklahoma actual or projected increase in demand are now available for a 45-day public and Texas Panhandle regions to load- for electric transmission capacity; comment period. serving entities in the Mid-South and ii. The proposed Project must be Clean Line proposes to construct an Southeast United States via an consistent with both: overhead ±600-kilovolt (kV), high interconnection with the Tennessee (A) Transmission needs identified, in voltage direct current (HVDC) electric Valley Authority electrical grid. DOE a transmission expansion plan or transmission system and associated has concluded that Clean Line’s otherwise, by the appropriate facilities with the capacity to deliver application was responsive to the 2010 Transmission Organization (as defined approximately 3,500 megawatts RFP and is making it available for in the Federal Power Act, 16 U.S.C. primarily from renewable energy public review. 791a et seq.) if any, or approved regional generation facilities in the Oklahoma DATES: Comments on the application reliability organization; and and Texas Panhandle regions to load- must be submitted on or before June 12, (B) Efficient and reliable operation of serving entities in the Mid-South and 2015. the transmission grid; Southeast United States via an iii. The proposed Project will be interconnection with the Tennessee ADDRESSES: Written comments should operated in conformance with prudent be addressed as follows: 1222 Program, Valley Authority electrical grid. Major utility practice; Office of Electricity Delivery and Energy associated facilities identified in the iv. The proposed Project will be application consist of converter stations; Reliability (OE–20), U.S. Department of operated by, or in conformance with the an approximate 720-mile, ±600kV Energy, 1000 Independence Avenue rules of, the appropriate Transmission HVDC transmission line; an alternating SW., Washington, DC 20585. Electronic Organization, if any; or if such an current (AC) collection system; and comments can be emailed to organization does not exist, regional access roads. Clean Line requests that [email protected]. reliability organization; and Southwestern participate in FOR FURTHER INFORMATION CONTACT: v. The proposed Project will not development of the facilities in Angela Colamaria at 202–287–5387 or duplicate the functions of existing Oklahoma and Arkansas. As part of via electronic mail at transmission facilities or proposed their environmental review of the [email protected]. facilities which are the subject of project pursuant to the National SUPPLEMENTARY INFORMATION: Pursuant ongoing or approved siting and related Environmental Policy Act (NEPA), DOE to section 1222 of the Energy Policy Act permitting proceedings. has identified and analyzed potential of 2005 (EPAct) (42 U.S.C. 16421), the In June 2010, DOE issued Request for environmental impacts for several Secretary of Energy, acting through the Proposals for New or Upgraded additional alternatives. These Southwestern Power Administration Transmission Line Projects Under alternatives include an Arkansas (Southwestern) or the Western Area Section 1222 of the Energy Policy Act of converter station (capable of supplying Power Administration (Western), has 2005 (75 FR 32940) (2010 RFP). To be an additional 500 megawatts of energy the authority to design, develop, responsive to the 2010 RFP, the into the Arkansas electrical grid) and construct, operate, maintain, or own, or application must demonstrate how the alternative routes for the HVDC participate with other entities in proposed Project meets all of the above transmission line. designing, developing, constructing, statutory criteria, as well as several Procedural Matters: Prior to making a operating, maintaining, or owning two additional criteria, including, but not determination whether or not to types of projects: (a) Electric power limited to, the following: participate in the proposed Project, transmission facilities and related 1. Whether the Project is in the public DOE, in consultation with facilities needed to upgrade existing interest; Southwestern, must evaluate the transmission facilities owned by 2. Whether the Project will facilitate proposed Project for compliance with Southwestern or Western (42 U.S.C. the reliable delivery of power generated section 1222 of EPAct, the criteria in the 16421(a)), or (b) new electric power by renewable resources; 2010 RFP, and NEPA. On December 21, transmission facilities and related 3. The benefits and impacts of the 2012, DOE issued a Notice of Intent to facilities located within any State in Project in each state it traverses, Draft an Environmental Impact which Southwestern or Western including economic and environmental Statement (EIS; 77 FR 75623) pursuant operates (42 U.S.C. 16421(b)). In factors; to NEPA. On December 17, 2014, DOE carrying out either type of section 1222 4. The technical viability of the issued a Notice of Availability and project (Project), the Secretary may Project, considering engineering, announced public hearings for the Draft accept and use funds contributed by electrical, and geographic factors; and EIS (79 FR 75132). DOE made the Draft another entity for the purpose of 5. The financial viability of the EIS available on DOE’s Plains & Eastern executing the Project (42 U.S.C. Project. EIS Web site 16421(c)). In response to the 2010 RFP, Clean (www.PlainsandEasternEIS.com) and In order to exercise the authority to Line Energy Partners LLC of Houston, the DOE NEPA Web site engage in these activities under section Texas, the parent company of Plains and (www.energy.gov/nepa). The Draft EIS 1222, the Secretary, in consultation with Eastern Clean Line LLC and Plains and assesses the potential environmental the applicable Power Marketing Eastern Clean Line Oklahoma LLC effects of participating in the proposed Administrator, must first determine that (collectively referred to with its Project. DOE hosted fifteen public a proposed Project satisfies certain subsidiaries as Clean Line or the hearings across the proposed Project statutory criteria: Applicant) submitted a proposal to DOE area. The public comment period for the i. The proposed Project must be in July 2010 for the Plains & Eastern NEPA review is scheduled to end on either: Clean Line Project. In August 2011, April 20, 2015. DOE will address the (A) Located in an area designated Clean Line modified the proposal. In public comments in the Final EIS, under section 216(a) of the Federal December 2014, DOE requested which will inform the Department’s Power Act (16 U.S.C. 824p(a)) and will additional information from the determination. reduce congestion of electric Applicant to supplement and update its In addition to conducting a NEPA transmission in interstate commerce; or original application. This ‘‘Part II’’ review, DOE is conducting due
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diligence on other factors related to the Docket No. ER06–274, Southwestern Docket No. ER14–2570, Southwest statutory criteria identified above. Public Service Company Power Pool, Inc. DOE’s review will include making all Docket No. ER09–35, Tallgrass Docket No. ER14–2850, Southwest required statutory findings and will Transmission, LLC Power Pool, Inc. consider all criteria listed in section Docket No. ER09–36, Prairie Wind 1222 of EPAct, as well as all factors Transmission, LLC Docket No. ER14–2851, Southwest included in DOE’s 2010 RFP. This due Docket No. ER09–548, ITC Great Plains, Power Pool, Inc. diligence is the reason for today’s LLC Docket No. ER15–10, Southwest Power notice. DOE is requesting comments on Docket No. EL11–34, Midcontinent Pool, Inc. whether the proposed Project meets the Independent System Operator, Inc. Docket No. ER15–21, Southwest Power statutory criteria and the factors Docket No. ER11–1844, Midcontinent Pool, Inc. identified within the 2010 RFP. Independent System Operator, Inc. Any person may comment on the Docket No. ER11–4105, Southwest Docket No. ER15–279, Southwest Power application by filing such comment at Power Pool, Inc. Pool, Inc. the address provided above. Copies of Docket No. EL12–28, Xcel Energy Docket No. ER15–509, Southwest Power the application are available by Services Inc., et al. Pool, Inc. accessing the program Web site at Docket No. EL12–59, Golden Spread Docket No. ER15–534, Southwest Power http://www.energy.gov/oe/services/ Electric Cooperative, Inc. Pool, Inc. electricity-policy-coordination-and- Docket No. EL12–60, Southwest Power Pool, Inc., et al. Docket No. ER15–763, Southwest Power implementation/transmission-planning/ Pool, Inc. section-1222-0. Docket No. ER12–480, Midcontinent Independent System Operator, Inc. Docket No. ER15–879, Southwest Power Issued in Washington, DC, on April 23, Docket No. ER12–959, Southwest Power Pool, Inc. 2015. Pool, Inc. Patricia A. Hoffman, Docket No. ER15–929, Southwest Power Docket No. ER12–1179, Southwest Pool, Inc. Principal Deputy Assistant Secretary, Office Power Pool, Inc. of Electricity Delivery and Energy Reliability. Docket No. ER12–1586, Southwest Docket No. ER15–964, Southwest Power [FR Doc. 2015–09941 Filed 4–27–15; 8:45 am] Power Pool, Inc. Pool, Inc. BILLING CODE 6450–01–P Docket No. ER13–366, Southwest Power Docket No. ER15–990, Southwest Power Pool, Inc. Pool, Inc. Docket No. ER13–367, Southwest Power DEPARTMENT OF ENERGY Docket No. ER15–1139, Southwest Pool, Inc. Power Pool, Inc. Docket No. ER13–1173, Southwest Federal Energy Regulatory Docket No. ER15–1140, Southwest Commission Power Pool, Inc. Docket No. ER13–1864, Southwest Power Pool, Inc. Notice of Staff Attendance at Power Pool, Inc. Docket No. ER15–1152, Southwest Southwest Power Pool Regional Entity Docket No. ER13–1937, Southwest Power Pool, Inc. Trustee, Regional State Committee, Power Pool, Inc. Docket No. ER15–1163, Southwest Members’ and Board of Directors’ Docket No. ER13–1939, Southwest Power Pool, Inc. Power Pool, Inc. Meetings Docket No. ER15–1228, Southwest Docket No. EL14–21, Southwest Power Power Pool, Inc. The Federal Energy Regulatory Pool, Inc. Commission (Commission) hereby gives Docket No. EL14–30, Midcontinent Docket No. ER15–1293, Southwest notice that members of its staff may Independent System Operator, Inc. Power Pool, Inc. attend the meetings of the Southwest Docket No. EL14–93, Kansas Docket No. ER15–1304, Southwest Power Pool, Inc. (SPP) Regional Entity Corporation Commission v. Westar Power Pool, Inc. Trustee (RE), Regional State Committee Energy, Inc. (RSC), SPP Members Committee and Docket No. ER15–1340, Southwest Docket No. ER14–67, Southwest Power Power Pool, Inc. Board of Directors, as noted below. Pool, Inc. Their attendance is part of the Docket No. ER14–781, Southwest Power Docket No. ER15–1370, Southwest Commission’s ongoing outreach efforts. Pool, Inc. Power Pool, Inc. All meetings will be held at the Tulsa Docket No. ER14–1174, Southwest Docket No. ER15–1401, Southwest Hyatt Regency Downtown, 100 East Power Pool, Inc. Power Pool, Inc. Second Street, Tulsa, OK 74103. Docket No. ER14–1713, Midcontinent Docket No. ER15–1414, Southwest SPP RE Independent System Operator, Inc. Power Pool, Inc. Docket No. ER14–2022, Midcontinent April 27, 2015 (8:00 a.m.–3:00 p.m.) Independent System Operator, Inc. These meetings are open to the SPP RSC Docket No. ER14–2081, Southwest public. Power Pool, Inc. April 27, 2015 (1:00 p.m.–5:00 p.m.) For more information, contact Patrick Docket No. ER14–2107, Southwest Clarey, Office of Energy Market SPP Members/Board of Directors Power Pool, Inc. Regulation, Federal Energy Regulatory April 28, 2015 (8:00 a.m.–3:00 p.m.) Docket No. ER14–2363, Southwestern Commission at (317) 249–5937 or Public Service Company [email protected]. The discussions may address matters Docket No. ER14–2399, Southwest at issue in the following proceedings: Power Pool, Inc. Dated: April 16, 2015. Docket No. EL05–19, Southwestern Docket No. ER14–2445, Midcontinent Kimberly D. Bose, Public Service Company Independent System Operator, Inc. Secretary. Docket No. ER05–168, Southwestern Docket No. ER14–2553, Southwest [FR Doc. 2015–09749 Filed 4–27–15; 8:45 am] Public Service Company Power Pool, Inc. BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY call (866) 208–3676 (toll free). For TTY, Filed Date: 4/22/15. call (202) 502–8659. Accession Number: 20150422–5161. Federal Energy Regulatory Comment Date: May 13, 2015. Comments Due: 5 p.m. ET 5/13/15. Commission Dated: April 22, 2015. Docket Numbers: ER15–523–002. [Docket No. OR13–14–001] Nathaniel J. Davis, Sr., Applicants: Duke Energy Florida, Inc., Deputy Secretary. Duke Energy Progress, Inc., Duke Energy Western Refining Pipeline, LLC; Notice [FR Doc. 2015–09810 Filed 4–27–15; 8:45 am] Carolinas, LLC. Description: Compliance filing per 35: for Temporary Waiver of Filing and BILLING CODE 6717–01–P Reporting Requirements Compliance Filing Lottery to be effective 6/1/2015. On April 20, 2015, Western Refining DEPARTMENT OF ENERGY Filed Date: 4/22/15. Pipeline, LLC (Western) filed a Request Accession Number: 20150422–5241. to Amend previously granted waiver of Federal Energy Regulatory Comments Due: 5 p.m. ET 5/13/15. Interstate Commerce Act tariff and Commission Docket Numbers: ER15–1547–000. reporting requirements and Applicants: PJM Interconnection, Commission’s related implementing Combined Notice of Filings #1 L.L.C. regulations. Take notice that the Commission Description: Section 205(d) rate filing Any person desiring to intervene or to received the following electric corporate per 35.13(a)(2)(iii): 1st Quarter 2015 protest in this proceeding must file in filings: Updates to OA/RAA Membership Lists accordance with Rules 211 and 214 of Docket Numbers: EC15–127–000. to be effective 3/31/2015. the Commission’s Rules of Practice and Applicants: Calpine Greenleaf, Inc. Filed Date: 4/22/15. Procedure (18 CFR 385.211 and Description: Application For Accession Number: 20150422–5242. 385.214) on or before 5:00 p.m. Eastern Approval Under Section 203 of the Comments Due: 5 p.m. ET 5/13/15. time on the specified comment date. Federal Power Act and Request for Docket Numbers: ER15–1548–000. Protests will be considered by the Expedited Action of Calpine Greenleaf, Applicants: Central Maine Power Commission in determining the Inc. Company. appropriate action to be taken, but will Filed Date: 4/21/15. Description: Tariff Withdrawal per not serve to make protestants parties to Accession Number: 20150421–5235. 35.15: Notice of Cancellation of Service the proceeding. Anyone filing a motion Comments Due: 5 p.m. ET 5/12/15. Agreement No. 158 (CSIA) to be to intervene or protest must serve a copy Take notice that the Commission effective 4/14/2015. of that document on the Applicant. In received the following exempt Filed Date: 4/22/15. reference to filings initiating a new wholesale generator filings: Accession Number: 20150422–5265. proceeding, interventions or protests Docket Numbers: EG15–71–000. Comments Due: 5 p.m. ET 5/13/15. submitted on or before the comment Applicants: Seville Solar One LLC. Take notice that the Commission deadline need not be served on persons Description: Notice of Self- other than the Applicant. received the following qualifying Certification of EWG Status of Seville facility filings: The Commission encourages Solar One LLC. electronic submission of protests and Filed Date: 4/21/15. Docket Numbers: QF14–682–000. interventions in lieu of paper, using the Accession Number: 20150421–5258. Applicants: President and Fellows of FERC Online links at http:// Comments Due: 5 p.m. ET 5/12/15. Harvard College. www.ferc.gov. To facilitate electronic Docket Numbers: EG15–72–000. Description: Refund Report of service, persons with Internet access Applicants: Tallbear Seville LLC. President and Fellows of Harvard who will eFile a document and/or be Description: Notice of Self- College. listed as a contact for an intervenor Certification of EWG Status of Tallbear Filed Date: 4/21/15. must create and validate an Seville LLC. Accession Number: 20150421–5174. eRegistration account using the Filed Date: 4/21/15. Comments Due: 5 p.m. ET 5/12/15. eRegistration link. Select the eFiling Accession Number: 20150421–5259. The filings are accessible in the link to log on and submit the Comments Due: 5 p.m. ET 5/12/15. Commission’s eLibrary system by intervention or protests. Docket Numbers: EG15–73–000. clicking on the links or querying the Persons unable to file electronically Applicants: Garrison Energy Center docket number. should submit an original and 4 copies LLC. Any person desiring to intervene or of the intervention or protest to the Description: Notice of Self- protest in any of the above proceedings Federal Energy Regulatory Commission, Certification of Exempt Wholesale must file in accordance with Rules 211 888 First St. NE., Washington, DC Generator Status of Garrison Energy and 214 of the Commission’s 20426. Center LLC. Regulations (18 CFR 385.211 and The filings in the above proceedings Filed Date: 4/22/15. 385.214) on or before 5:00 p.m. Eastern are accessible in the Commission’s Accession Number: 20150422–5172. time on the specified comment date. eLibrary system by clicking on the Comments Due: 5 p.m. ET 5/13/15. Protests may be considered, but appropriate link in the above list. They Take notice that the Commission intervention is necessary to become a are also available for review in the received the following electric rate party to the proceeding. Commission’s Public Reference Room in filings: eFiling is encouraged. More detailed Washington, DC. There is an Docket Numbers: ER11–4505–001; information relating to filing eSubscription link on the Web site that ER11–4506–001. requirements, interventions, protests, enables subscribers to receive email Applicants: Backyard Farms Energy service, and qualifying facilities filings notification when a document is added LLC, Devonshire Energy LLC. can be found at: http://www.ferc.gov/ to a subscribed docket(s). For assistance Description: Notification of Change in docs-filing/efiling/filing-req.pdf. For with any FERC Online service, please Status of Backyard Farms Energy LLC other information, call (866) 208–3676 email [email protected] and Devonshire Energy LLC. (toll free). For TTY, call (202) 502–8659.
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Dated: April 22, 2015. thereunder at 50 CFR, Part 402; and (2) of your comments. For assistance, Nathaniel J. Davis, Sr., the State Historic Preservation Officer, please contact FERC Online Support. Deputy Secretary. as required by section 106 of the Although the Commission strongly [FR Doc. 2015–09808 Filed 4–27–15; 8:45 am] National Historical Preservation Act, encourages electronic filing, documents BILLING CODE 6717–01–P and the implementing regulations of the may also be paper-filed. To paper-file, Advisory Council on Historic mail an original and five copies to: Preservation at 36 CFR 800.2. Kimberly D. Bose, Secretary, Federal DEPARTMENT OF ENERGY l. With this notice, we are designating Energy Regulatory Commission, 888 Georgia Power as the Commission’s First Street NE., Washington, DC 20426. Federal Energy Regulatory non-federal representative for carrying All filings with the Commission must Commission out informal consultation, pursuant to include on the first page, the project section 7 of the Endangered Species Act name and number (i.e., Wallace Dam [Project No. 2413–117] and section 106 of the National Historic Pumped Storage Project, P–2413–117), Georgia Power Company; Notice of Preservation Act. and bear the appropriate heading: Intent To File License Application, m. Georgia Power filed with the ‘‘Comments on Pre-Application Filing of Pre-Application Document Commission a Pre-Application Document,’’ ‘‘Study Requests,’’ (Pad), Commencement of Pre-Filing Document (PAD; including a proposed ‘‘Comments on Scoping Document 1,’’ Process, and Scoping; Request for process plan and schedule), pursuant to ‘‘Request for Cooperating Agency 18 CFR 5.6 of the Commission’s Comments on the Pad and Scoping Status,’’ or ‘‘Communications to and regulations. Document, and Identification of Issues from Commission Staff.’’ Any n. A copy of the PAD is available for and Associated Study Requests individual or entity interested in review at the Commission in the Public submitting study requests, commenting a. Type of Filing: Notice of Intent to Reference Room, or may be viewed on on the PAD or SD1, and any agency File License Application for a New the Commission’s Web site (http:// requesting cooperating status must do so License and Commencing Pre-filing www.ferc.gov) using the ‘‘eLibrary’’ link. by June 19, 2015. Process. Enter the docket number, excluding the p. Although our current intent is to b. Project No.: 2413–117. last three digits in the docket number prepare an environmental assessment c. Dated Filed: February 18, 2015. field, to access the document. For (EA), there is the possibility that an d. Submitted By: Georgia Power assistance, contact FERC Online Environmental Impact Statement (EIS) Company (Georgia Power). Support at FERCONlineSupport@ will be required. Nevertheless, this e. Name of Project: Wallace Dam ferc.gov, or toll free at 1–866–208–3676, meeting will satisfy the NEPA scoping Pumped Storage Project. or for TTY, (202) 502–8659. A copy is requirements, irrespective of whether an f. Location: On the Oconee River, in also available for inspection and EA or EIS is issued by the Commission. Hancock, Putnam, Green, and Morgan reproduction at http:// Counties, Georgia. The project occupies www.georgipower.com/about-energy/ Scoping Meetings about 370 acres of federal land energy-sources/hydro-power/hydro- Commission staff will hold two administered by the U.S. Forest Service. projects/wallace/home.cshtml, or the scoping meetings in the vicinity of the g. Filed Pursuant to: 18 CFR part 5 of address in paragraph h. project at the time and place noted the Commission’s Regulations. Register online at http:// below. The daytime meeting will focus h. Potential Applicant Contact: www.ferc.gov/docs-filing/ on resource agency, Indian tribes, and Courtenay R. O’Mara, P.E., Wallace Dam esubscription.asp to be notified via non-governmental organization Hydro Relicensing Manager, Southern email of new filings and issuances concerns, while the evening meeting is Company Generation, BIN 10193, 241 related to this or other pending projects. primarily for receiving input from the Ralph McGill Blvd. NE., Atlanta, GA For assistance, contact FERC Online public. We invite all interested 30308–3374; (404) 506–7219; Support. individuals, organizations, and agencies [email protected]. o. With this notice, we are soliciting to attend one or both of the meetings, i. FERC Contact: Allan Creamer at comments on the PAD and Commission and to assist staff in identifying (202) 502–8365, or email at staff’s Scoping Document 1 (SD1), as particular study needs, as well as the [email protected]. well as study requests. All comments on scope of environmental issues to be j. Cooperating agencies: Federal, state, the PAD and SD1, as well as study addressed in the environmental local, and tribal agencies with requests should be sent to the address document. The times and locations of jurisdiction and/or special expertise above in paragraph h. In addition, all these meetings are as follows: comments on the PAD and SD1, study with respect to environmental issues Daytime Scoping Meeting that wish to cooperate in the requests, requests for cooperating preparation of the environmental agency status, and all communications Date: Wednesday, May 20, 2015. document should follow the to and from Commission staff related to Time: 1:00 p.m. instructions for filing such requests the merits of the potential application Location: Rock Eagle 4–H Center, described in item o below. Cooperating must be filed with the Commission. Sutton Hall, 350 Rock Eagle Road, Eatonton, Georgia 31024. agencies should note the Commission’s Documents may be filed electronically Phone: (706) 484–2868. policy that agencies that cooperate in via the Internet. See 18 CFR the preparation of the environmental 385.2001(a)(1)(iii) and the instructions Evening Scoping Meeting document cannot also intervene. See 94 on the Commission’s Web site http:// Date: Wednesday, May 20, 2015. FERC ¶ 61,076 (2001). www.ferc.gov/docs-filing/efiling.asp. Time: 6:30 p.m. k. With this notice, we are initiating Commenters can submit brief comments Location: Rock Eagle 4–H Center, informal consultation with: (1) the U.S. up to 6,000 characters, without prior Sutton Hall, 350 Rock Eagle Road, Fish and Wildlife Service and/or the registration, using the eComment system Eatonton, Georgia 31024. National Marine Fisheries Service under at http://www.ferc.gov/docs-filing/ Phone: (706) 484–2868. section 7 of the Endangered Species Act ecomment.asp. You must include your SD1, which outlines the subject areas and the joint agency regulations name and contact information at the end to be addressed in the environmental
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document, was mailed to the Meeting Procedures of the protest or intervention to the individuals and entities on the The meetings will be recorded by a Federal Energy Regulatory Commission, Commission’s mailing list. Copies of stenographer. The transcripts will be 888 First Street NE., Washington, DC SD1 will be available at the scoping placed in the public record for the 20426. meetings, or may be viewed on the web project. This filing is accessible on-line at at http://www.ferc.gov, using the http://www.ferc.gov, using the Dated: April 17, 2015. ‘‘eLibrary’’ link. Follow the directions ‘‘eLibrary’’ link and is available for Kimberly D. Bose, for accessing information in paragraph review in the Commission’s Public n. Based on all oral and written Secretary. Reference Room in Washington, DC. comments, a Scoping Document 2 (SD2) [FR Doc. 2015–09747 Filed 4–27–15; 8:45 am] There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to may be issued. SD2 may include a BILLING CODE 6717–01–P receive email notification when a revised process plan and schedule, as document is added to a subscribed well as a list of issues, identified DEPARTMENT OF ENERGY docket(s). For assistance with any FERC through the scoping process. Online service, please email Environmental Site Review Federal Energy Regulatory [email protected], or call Commission (866) 208–3676 (toll free). For TTY, call The potential applicant and [Docket No. EL15–61–000] (202) 502–8659. Commission staff will conduct an Comment Date: 5:00 p.m. Eastern Environmental Site Review of the Benjamin Riggs v. Rhode Island Public Time on May 12, 2015. project on Tuesday, May 19, 2015, Utilities Commission Notice of Petition Dated: April 22, 2015. starting at 9:00 a.m. All participants For Enforcement Nathaniel J. Davis, Sr., should meet at Georgia Power’s Old Deputy Secretary. Salem Park, located at 1530 Old Salem Take notice that on April 21, 2015, Benjamin Riggs (Petitioner) filed a [FR Doc. 2015–09809 Filed 4–27–15; 8:45 am] Road, Greensboro, Georgia 30642. Petition for Enforcement, pursuant to BILLING CODE 6717–01–P Anyone with questions about the site section 210(h)(2) of the Public Utility visit should contact Ms. Courtenay Regulatory Policies Act of 1978 O’Mara, Southern Company Generation, (PURPA), requesting the Federal Energy DEPARTMENT OF ENERGY at (404) 506–7219, or at g2oconeerel@ Regulatory Commission (Commission) southernco.com, on or before May 5, to exercise its authority and initiate Federal Energy Regulatory 2015. Participants of the tour must enforcement action against the Rhode Commission provide identification, sign a liability Island Public Utilities Commission to [Project No. 4093–035] waiver, and wear appropriate clothing ensure that PURPA regulations are and closed toed shoes. If any participant properly and lawfully implemented. McMahan Hydroelectric L.L.C.; Notice attending any part of the site visit is Petitioner alleges that the Rhode Island of Application Tendered for Filing With disabled or has special needs, please Public Utility Commission on August the Commission and Soliciting send an email to Oconee Relicensing at 16, 2010, as directed by the Rhode Additional Study Requests and [email protected]. Island General Assembly, approved a Establishing Procedural Schedule for Relicensing and a Deadline for Meeting Objectives 20-year Purchase Power Agreement between Deepwater Wind Block Island, Submission of Final Amendments At the scoping meetings, Commission LLC and National Grid that appears to Take notice that the following staff will: (1) Initiate scoping of the constitute a violation of the Federal hydroelectric application has been filed issues; (2) review and discuss existing Power Act, to include 16 U.S.C. 791 et with the Commission and is available conditions and resource management seq., 16 U.S.C. 824, and the Supremacy Clause of the U.S. Constitution. for public inspection. objectives; (3) review and discuss a. Type of Application: Subsequent existing information and identify Any person desiring to intervene or to protest this filing must file in license. preliminary information and study b. Project No.: P–4093–035. needs; (4) review and discuss the accordance with Rules 211 and 214 of c. Date filed: March 30, 2015. process plan and schedule for pre-filing the Commission’s Rules of Practice and d. Applicant: McMahan Hydroelectric activities that incorporates the time Procedure (18 CFR 385.211, 385.214). L.L.C. frames provided for in Part 5 of the Protests will be considered by the e. Name of Project: Bynum Commission’s regulations and, to the Commission in determining the Hydroelectric Project. extent possible, maximizes coordination appropriate action to be taken, but will f. Location: On the Haw River, in of federal, state, and tribal permitting not serve to make protestants parties to Chatham County, North Carolina. No and certification processes; and (5) the proceeding. Any person wishing to federal lands are occupied by the project discuss the appropriateness of any become a party must file a notice of works or located within the project federal or state agency or Indian tribe intervention or motion to intervene, as boundary. acting as a cooperating agency for appropriate. Such notices, motions, or g. Filed Pursuant to: Federal Power development of an environmental protests must be filed on or before the Act 16 U.S.C. 791(a)–825(r). comment date. Anyone filing a motion h. Applicant Contact: Andrew J. document. to intervene or protest must serve a copy McMahan, President, McMahan Meeting participants should come of that document on the Petitioner. Hydroelectric L.L.C., 105 Durham prepared to discuss their issues and/or The Commission encourages Eubanks Road, Pittsboro, NC 27312l; concerns. Please review the PAD in electronic submission of protests and (336) 509–2148; email— preparation for the scoping meetings. interventions in lieu of paper using the [email protected]. Directions on how to obtain a copy of ‘‘eFiling’’ link at http://www.ferc.gov. i. FERC Contact: Sean Murphy at the PAD and SD1 are included in item Persons unable to file electronically (202) 502–6145; or email at n. of this document. should submit an original and 5 copies [email protected].
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j. Cooperating agencies: Federal, state, o. A copy of the application is DEPARTMENT OF ENERGY local, and tribal agencies with available for review at the Commission jurisdiction and/or special expertise in the Public Reference Room or may be Federal Energy Regulatory with respect to environmental issues viewed on the Commission’s Web site at Commission that wish to cooperate in the http://www.ferc.gov using the [Project No. 7518–018] preparation of the environmental ‘‘eLibrary’’ link. Enter the docket document should follow the number excluding the last three digits in Erie Boulevard Hydropower, L.P. and instructions for filing such requests the docket number field to access the Saint Regis Mohawk Tribe; Notice of described in item l below. Cooperating document. For assistance, contact FERC Application Accepted for Filing, agencies should note the Commission’s Online Support. A copy is also available Soliciting Comments, Motions To policy that agencies that cooperate in for inspection and reproduction at the Intervene, and Protests the preparation of the environmental address in item h above. document cannot also intervene. See, 94 Take notice that the following FERC ¶ 61,076 (2001). You may also register online at hydroelectric application has been filed k. Pursuant to section 4.32(b)(7) of 18 http://www.ferc.gov/docs-filing/ with the Commission and is available CFR of the Commission’s regulations, if esubscription.asp to be notified via for public inspection: any resource agency, Indian Tribe, or email of new filings and issuances a. Types of Application: Surrender of person believes that an additional related to this or other pending projects. License. scientific study should be conducted in For assistance, contact FERC Online b. Project No.: 7518–018. c. Date Filed: January 21, 2015. order to form an adequate factual basis Support. d. Applicants: Erie Boulevard for a complete analysis of the p. With this notice, we are designating Hydropower, L.P. (Erie) and Saint Regis application on its merit, the resource McMahan Hydroelectric L.L.C. as the Mohawk Tribe (Tribe). agency, Indian Tribe, or person must file Commission’s non-federal e. Name of Projects: Hogansburg a request for a study with the representative for carrying out informal Hydroelectric Project. Commission not later than 60 days from consultation pursuant to section 7 of the f. Location: On the St. Regis River in the date of filing of the application, and Endangered Species Act and section Franklin County, New York. The project serve a copy of the request on the 305(b) of the Magnuson-Stevens Fishery does not occupy any federal lands. applicant. Conservation and Management Act; and g. Filed Pursuant to: Federal Power l. Deadline for filing additional study Act, 16 U.S.C. 791a–825r. requests and requests for cooperating consultation pursuant to section 106 of the National Historic Preservation Act. h. Applicant Contact: For Erie, Mr. agency status: June 14, 2015. John A. Whittaker, IV, Winston & The Commission strongly encourages q. Procedural schedule and final Strawn LLP, 1700 K Street NW., electronic filing. Please file additional amendments: The application will be Washington, DC 20006, Phone: 202– study requests and requests for processed according to the following 282–5766, Email: jwhittker@ cooperating agency status using the preliminary Hydro Licensing Schedule. winston.com. For Tribe: Mr. John J. Commission’s eFiling system at http:// Revisions to the schedule will be made Privitera, McNamee, Lochner, Titus & www.ferc.gov/docs-filing/efiling.asp. For as appropriate. Williams, P.C., 677 Broadway, Albany, assistance, please contact FERC Online NY 12207, Phone: 518–447–3200, Support at FERCOnlineSupport@ Issue Notice of Acceptance .. June 2015. Email: [email protected]. ferc.gov, (866) 208–3676 (toll free), or Issue Scoping Document 1 July 2015. i. FERC Contact: M. Joseph Fayyad at (202) 502–8659 (TTY). In lieu of for comments. (202) 502–8759, or email at mo.fayyad@ electronic filing, please send a paper Comments on Scoping Docu- September ferc.gov. copy to: Secretary, Federal Energy ment 1 due. 2015. j. Deadline for filing comments, Regulatory Commission, 888 First Street Issue Scoping Document 2 ... September motions to intervene and protests, is 30 NE., Washington, DC 20426. The first 2015. days from the issuance date of this page of any filing should include docket Issue notice of ready for en- September notice. The Commission strongly number P–4093–035. vironmental analysis. 2015. encourages electronic filing. All Commission issues EA ...... March 2016. m. The application is not ready for documents may be filed using the Comments on EA due ...... April 2016. environmental analysis at this time. Commission’s eFiling system at http:// Commission issues final EA June 2016. n. The 600-kilowatt (kW) Bynum www.ferc.gov/docs-filing/efiling.asp. project is located on the Haw River, in Commenters can submit brief comments Chatham County, North Carolina. No Final amendments to the application up to 6,000 characters, without prior federal lands are affected. The principal must be filed with the Commission no registration, using the eComment system project works consist of: (1) A 750-foot- later than 30 days from the issuance at http://www.ferc.gov/docs-filing/ long, 10-foot-high stone masonry dam date of the notice of ready for ecomment.asp. You must include your with an uncontrolled spillway and a environmental analysis. name and contact information at the end 150-foot-long non-overflow section; (2) a Dated: April 14, 2015. of your comments. For assistance, 2000-foot-long canal, between 25 and 40 please contact FERC Online Support at Kimberly D. Bose, feet wide; (3) a powerhouse separate [email protected], (866) from the dam containing a 600-kW Secretary. 208–3676 (toll free), or (202) 502–8659 generating unit; (4) a reservoir with a [FR Doc. 2015–09839 Filed 4–27–15; 8:45 am] (TTY). In lieu of electronic filing, please surface area of 20 acres at normal pool BILLING CODE 6717–01–P send a paper copy to: Secretary, Federal elevation of 315 feet mean sea level and Energy Regulatory Commission, 888 a gross storage capacity of 100 acre-feet; First Street NE., Washington, DC 20426. and (5) appurtenant facilities. The Please include the project number (P– project operates run-of-river and 7518–018) on any comments, motions to generates and estimated average of intervene, protests, or recommendations 2,461,000 kW hours a year. filed.
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k. Description of Request: The which the filing responds; (3) furnish declaratory order framework approved applicants propose to surrender the the name, address, and telephone in Docket No. OR15–3.1 license for the Hogansburg Project due number of the person protesting or Any person desiring to intervene or to to uneconomic conditions resulting intervening; and (4) otherwise comply protest in this proceedings must file in from a number of issues regarding with the requirements of 18 CFR accordance with Rules 211 and 214 of project’s potential effects on fish 385.2001 through 385.2005. All the Commission’s Rules of Practice and passage and water quality that were comments, motions to intervene or Procedure (18 CFR 385.211 and raised during relicensing proceedings. protests must set forth their evidentiary The applicants have consulted with the basis and otherwise comply with the 385.214) on or before 5:00 p.m. Eastern relevant state and federal resource requirements of 18 CFR 4.34(b). All time on the specified comment date. agencies and stakeholders and have comments, motions to intervene or Protests will be considered by the entered into a Settlement Agreement protests should relate to project works Commission in determining the with those entities endorsing the which are the subject of the license appropriate action to be taken, but will surrender and decommissioning surrender. Agencies may obtain copies not serve to make protestants parties to process. As part of the Surrender, the of the application directly from the the proceeding. Anyone filing a motion applicants intend to decommission the applicant. A copy of any protest or to intervene or protest must serve a copy project facilities. motion to intervene must be served of that document on the Petitioner. l. Locations of the Application: A upon each representative of the The Commission encourages copy of the application is available for applicant specified in the particular electronic submission of protests and inspection and reproduction at the application. If an intervener files interventions in lieu of paper, using the Commission’s Public Reference Room, comments or documents with the located at 888 First Street NE., Room FERC Online links at http:// Commission relating to the merits of an www.ferc.gov. To facilitate electronic 2A, Washington, DC 20426, or by calling issue that may affect the responsibilities (202) 502–8371. This filing may also be service, persons with Internet access of a particular resource agency, they who will eFile a document and/or be viewed on the Commission’s Web site at must also serve a copy of the document listed as a contact for an intervenor http://www.ferc.gov/docs-filing/ on that resource agency. A copy of all must create and validate an efiling.asp. Enter the docket number other filings in reference to this excluding the last three digits in the application must be accompanied by eRegistration account using the docket number field to access the proof of service on all persons listed in eRegistration link. Select the eFiling document. You may also register online the service list prepared by the link to log on and submit the at http://www.ferc.gov/docs-filing/ Commission in this proceeding, in intervention or protests. esubscription.asp to be notified via accordance with 18 CFR 4.34(b) and Persons unable to file electronically email of new filings and issuances 385.2010. should submit an original and 5 copies related to this or other pending projects. p. As provided for in 18 CFR of the intervention or protest to the For assistance, call 1–866–208- 3676 or 4.34(b)(5)(i), the applicant must file, no Federal Energy Regulatory Commission, email [email protected], for later than 60 days following the date of TTY, call (202) 502–8659. A copy is also 888 First St. NE., Washington, DC issuance of this notice of acceptance: (1) 20426. available for inspection and a copy of the water quality certification; The filings in the above proceedings reproduction at the address in item (h) (2) a copy of the request for certification, above. including proof of the date on which the are accessible in the Commission’s m. Individuals desiring to be included certifying agency received the request; eLibrary system by clicking on the on the Commission’s mailing list should appropriate link in the above list. They so indicate by writing to the Secretary or (3) evidence of waiver of water quality certification. are also available for review in the of the Commission. Commission’s Public Reference Room in n. Comments, Protests, or Motions to Dated: April 16, 2015. Washington, DC. There is an Intervene: Anyone may submit Kimberly D. Bose, eSubscription link on the Web site that comments, a protest, or a motion to Secretary. enables subscribers to receive email intervene in accordance with the [FR Doc. 2015–09752 Filed 4–27–15; 8:45 am] notification when a document is added requirements of Rules of Practice and BILLING CODE 6717–01–P Procedure, 18 CFR 385.210, .211, .214. to a subscribed docket(s). For assistance In determining the appropriate action to with any FERC Online service, please email [email protected], or take, the Commission will consider all DEPARTMENT OF ENERGY protests or other comments filed, but call (866) 208–3676 (toll free). For TTY, only those who file a motion to Federal Energy Regulatory call (202) 502–8659. intervene in accordance with the Commission Comment Date: 5:00 p.m. Eastern time Commission’s Rules may become a on May 6, 2015. party to the proceeding. Any comments, [Docket No. OR15–22–000] protests, or motions to intervene must Dated: April 21, 2015. be received on or before the specified JBBR Pipeline LLC; Notice of Request Kimberly D. Bose, comment date for the particular for Waiver Secretary. application. [FR Doc. 2015–09750 Filed 4–27–15; 8:45 am] Take notice that on March 24, 2015, o. Filing and Service of Responsive BILLING CODE 6717–01–P Documents: Any filing must (1) bear in JBBR Pipeline LLC requested waiver of all capital letters the title the verified statement requirements ‘‘COMMENTS’’, ‘‘PROTEST’’, or under 18 CFR 342.4(c) that would ‘‘MOTION TO INTERVENE’’, as otherwise require a verified statement in applicable; (2) set forth in the heading support of initial committed rates, or the name of the applicant and the subsequent contractual adjustments to project number of the application to those rates, filed pursuant to the 1 JBBR Pipeline LLC, 150 FERC ¶ 61,012 (2015).
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DEPARTMENT OF ENERGY Specifically, the amendment proposal ‘‘MOTION TO INTERVENE’’ as would remove a 3.525-mile-long section applicable; (2) set forth in the heading Federal Energy Regulatory of the approximately 6-mile-long the name of the applicant and the Commission transmission line, thereby reducing the project number of the application to [Project No. 12766–005] total transmission line length to 2.276 which the filing responds; (3) furnish miles. the name, address, and telephone Green Mountain Power Corporation; As currently licensed, the 12.5–kV number of the person protesting or Notice of Application for Amendment transmission line extends intervening; and (4) otherwise comply of License and Soliciting Comments, approximately 6 miles from Pole 115, with the requirements of 18 CFR Motions To Intervene, and Protests via Pole 62x, to the Quechee substation. 385.2001 through 385.2005. All Green Mountain plans to interconnect a comments, motions to intervene, or Take notice that the following 150-kilowatt net-metered solar electric protests must set forth their evidentiary hydroelectric application has been filed generator at Pole 62x. As a result, the basis and otherwise comply with the with the Commission and is available 3.525-mile-long section of transmission requirements of 18 CFR 4.34(b). All for public inspection: line from Pole 62x to the Quechee comments, motions to intervene, or a. Application Type: Amendment of substation would become necessary to protests should relate to project works License. transmit power from the solar which are the subject of the proposed b. Project No: 12766–005. generation project. Green Mountain, amendment. Agencies may obtain c. Date Filed: February 9, 2015. therefore, proposes to delete that section copies of the application directly from d. Applicant: Green Mountain Power of transmission line from the project the applicant. A copy of any protest or Corporation. license. e. Name of Project: Clay Hill Road motion to intervene must be served l. Locations of the Application: A upon each representative of the Line 66 Transmission Project. copy of the application is available for f. Location: The Clay Hill Road Line applicant specified in the particular inspection and reproduction at the application. If an intervener files 66 Transmission Project is located along Commission’s Public Reference Room, Clay Hill Road in Windsor County, comments or documents with the located at 888 First Street NE., Room Commission relating to the merits of an Vermont. 2A, Washington, DC 20426, or by calling g. Filed Pursuant to: Federal Power issue that may affect the responsibilities (202) 502–8371. This filing may also be of a particular resource agency, they Act, 16 U.S.C. 791(a)–825(r). viewed on the Commission’s Web site at h. Applicant Contact: Kim Jones, P.E., must also serve a copy of the document http://www.ferc.gov/docs-filing/ on that resource agency. A copy of all Green Mountain Power Corporation, elibrary.asp. Enter the docket number 2152 Post Road, Rutland Town, other filings in reference to this excluding the last three digits in the application must be accompanied by Vermont 05701; telephone (802) 488– docket number field to access the proof of service on all persons listed in 4589. document. You may also register online the service list prepared by the i. FERC Contact: Linda Stewart, at http://www.ferc.gov/docs-filing/ Commission in this proceeding, in telephone (202) 502–6680 or email esubscription.asp to be notified via accordance with 18 CFR 4.34(b) and [email protected]. email of new filings and issuances 385.2010. j. Deadline for filing comments, related to this or other pending projects. motions to intervene, and protests is 30 For assistance, call 1–866–208–3676 or Dated: April 16, 2015. days from the issuance date of this email [email protected], for Kimberly D. Bose, notice by the Commission. The TTY, call (202) 502–8659. A copy is also Secretary. Commission strongly encourages available for inspection and [FR Doc. 2015–09753 Filed 4–27–15; 8:45 am] electronic filing. Please file motions to reproduction at the address in item (h) BILLING CODE 6717–01–P intervene, protests, or comments using above. the Commission’s eFiling system at m. Individuals desiring to be included http://www.ferc.gov/docs-filing/ on the Commission’s mailing list should DEPARTMENT OF ENERGY efiling.asp. Commenters can submit so indicate by writing to the Secretary brief comments up to 6,000 characters, of the Commission. Federal Energy Regulatory without prior registration, using the n. Comments, Protests, or Motions to Commission eComment system at http:// Intervene: Anyone may submit [Docket No. AD15–10–000] www.ferc.gov/docs-filing/ comments, a protest, or a motion to ecomment.asp. You must include your intervene in accordance with the Notice of Intent To Update the name and contact information at the end requirements of Rules of Practice and Guidelines for Reporting on Cultural of your comments. For assistance, Procedure, 18 CFR 385.210, .211, .214. Resources Investigations for Pipeline please contact FERC Online Support at In determining the appropriate action to Projects and Request for Comments [email protected], (866) take, the Commission will consider all 208–3676 (toll free), or (202) 502–8659 protests or other comments filed, but The staff of the Office of Energy (TTY). In lieu of electronic filing, please only those who file a motion to Projects (OEP) is in the process of send a paper copy to: Secretary, Federal intervene in accordance with the reviewing its Guidelines for Reporting Energy Regulatory Commission, 888 Commission’s Rules may become a on Cultural Resources Investigations for First Street NE., Washington, DC 20426. party to the proceeding. Any comments, Pipeline Projects (Guidelines), dated The first page of any filing should protests, or motions to intervene must December 2002, to determine if updates include the project number (P–12766– be received on or before the specified or improvements are appropriate. The 005). comment date for the particular staff is asking for public input and k. Description of Request: Green application. suggestions for modifications to the Mountain Power Corporation (Green o. Filing and Service of Responsive Guidelines from federal and state Mountain) proposes to delete from the Documents: Any filing must (1) bear in agencies, Native American tribes, project license a section of the existing all capital letters the title environmental consultants, inspectors, 12.5-kilovolt (kV) transmission line. ‘‘COMMENTS’’, ‘‘PROTEST’’, or natural gas industry, construction
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contractors, and other interested parties Secretary, Federal Energy Regulatory or waters owned by others without the with special expertise with respect to Commission, 888 First Street NE., Room owners’ express permission. historic and cultural resources 1A, Washington, DC 20426. The proposed project would consist of commonly associated with pipeline All of the information related to the the following: (1) An existing 100-foot- projects. Please note that this comment proposed updates to the Guidelines and high, 2,100-foot-long earthen period will close on July 20, 2015. submitted comments can be found on embankment dam; (2) an adjacent 300- The Guidelines are referred to at 18 the FERC Web site (www.ferc.gov) using foot-long concrete spillway with a Code of Federal Regulations (CFR) the eLibrary link. Click on the eLibrary stoplog and flashboard crest elevation of 380.12(f). Full text of the current version link, click on ‘‘General Search’’ and 1,385 feet National Geodetic Vertical of the Guidelines can be viewed on the enter the docket number, excluding the Datum (NGVD); (3) the existing 2,020- Federal Energy Regulatory Commission last three digits in the Docket Number acre Lake Francis with a storage (FERC or Commission) Web site at field (i.e., AD15–10). Be sure you have capacity of 96,000 acre-feet; (4) a new 8- http://www.ferc.gov/industries/gas/ selected an appropriate date range. For foot-diameter, 500-foot-long steel enviro/guidelines.asp. assistance, please contact FERC Online penstock connected to an existing 916- Based on the input received in Support at [email protected] foot-long, steel-lined concrete outlet response to this notice, OEP staff or toll free at (866) 208–3676, or for conduit and concrete intake structure; anticipates issuing draft changes to the TTY, contact (202) 502–8258. The (5) a new 30-foot-wide, 40-foot long, 20- Guidelines by fall 2015, and will make eLibrary link also provides access to the foot high powerhouse containing one them available for public comment. We texts of formal documents issued by the Kaplan turbine-generator unit having a will then consider all timely comments Commission, such as orders, notices, total installed capacity of 3.0 megawatts; on the drafts before issuing the final and rulemakings. (6) a new 30-foot-wide, 10-foot-deep, version. In addition, the Commission now 100-foot-long, riprap-lined tailrace; (7) a Interested parties can help us offers a free service called eSubscription new 1,600-foot-long, 12-kilovolt determine the appropriate updates and which allows you to keep track of all transmission line connecting the improvements to make by providing us formal issuances and submittals in powerhouse to the Public Service of comments or suggestions that focus on specific dockets. This can reduce the New Hampshire distribution system; the specific sections requiring amount of time you spend researching and (8) appurtenant facilities. The clarification, updates to reflect current proceedings by automatically providing estimated annual generation of the laws and regulations, or improved you with notification of these filings, Murphy Dam Project would be about measures to avoid or minimize impacts document summaries, and direct links 12,400 megawatt-hours. The existing on historic or cultural resources. The to the documents. Go to www.ferc.gov/ Murphy Dam and appurtenant works is more specific your comments, the more docs-filing/esubscription.asp. owned by the New Hampshire useful they will be. A detailed Department of Environmental Services. explanation of your submissions and/or Dated: April 21, 2015. Applicant Contact: Mr. Mark any references of scientific studies Kimberly D. Bose, Boumansour, Murphy Dam LLC, c/o associated with your comments would Secretary. Gravity Renewables, Inc. 1401 Walnut greatly help us with this process. [FR Doc. 2015–09744 Filed 4–27–15; 8:45 am] Street, Suite 220, Boulder, CO 80302; For your convenience, there are three BILLING CODE 6717–01–P phone: (303) 615–3101; email: info@ methods which you can use to submit gravityrenewables.com. your comments to the Commission. In FERC Contact: Patrick Crile; phone: all instances please reference the docket DEPARTMENT OF ENERGY (202) 502–8042 or email: Patrick.Crile@ number (AD15–10–000) with your ferc.gov. submission. The Commission Federal Energy Regulatory Deadline for filing comments, motions encourages electronic filing of Commission to intervene, competing applications comments and has expert staff available (without notices of intent), or notices of to assist you at (202) 502–8258 or [Project No. 14670–000] intent to file competing applications: 60 [email protected]. Days from the issuance of this notice. (1) You can file your comments Murphy Dam, LLC; Notice of Competing applications and notices of electronically using the eComment Preliminary Permit Application intent must meet the requirements of 18 feature on the Commission’s Web site Accepted for Filing and Soliciting CFR 4.36. (www.ferc.gov) under the link to Comments, Motions To Intervene, and The Commission strongly encourages Documents and Filings. This is an easy Competing Applications electronic filing. Please file comments, method for interested persons to submit motions to intervene, notices of intent, brief, text-only comments; On March 20, 2015, Murphy Dam, and competing applications using the (2) You can file your comments LLC, filed an application for a Commission’s eFiling system at http:// electronically using the eFiling feature preliminary permit, pursuant to section www.ferc.gov/docs-filing/efiling.asp. on the Commission’s Web site 4(f) of the Federal Power Act (FPA), Commenters can submit brief comments (www.ferc.gov) under the link to proposing to study the feasibility of the up to 6,000 characters, without prior Documents and Filings. With eFiling, Murphy Dam Hydroelectric Project registration, using the eComment system you can provide comments in a variety (Murphy Dam Project) to be located on at http://www.ferc.gov/docs-filing/ of formats by attaching them as a file the Connecticut River, near Pittsburg, ecomment.asp. You must include your with your submission. New eFiling Coos County, New Hampshire. The sole name and contact information at the end users must first create an account by purpose of a preliminary permit, if of your comments. For assistance, clicking on ‘‘eRegister.’’ You must select issued, is to grant the permit holder please contact FERC Online Support at the type of filing you are making, select priority to file a license application [email protected], (866) ‘‘Comment on a Filing’’; or during the permit term. A preliminary 208–3676 (toll free), or (202) 502–8659 (3) You can file a paper copy of your permit does not authorize the permit (TTY). In lieu of electronic filing, please comments by mailing them to the holder to perform any land-disturbing send a paper copy to: Secretary, Federal following address: Kimberly D. Bose, activities or otherwise enter upon lands Energy Regulatory Commission, 888
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First Street NE., Washington, DC 20426. the acquisition of an easement to Expansion Project (FERC Docket CP15– The first page of any filing should construct, operate, and maintain the 77–000) in Madison County, Kentucky; include docket number P–14670–000. proposed facilities. The company would • Two compressor units at More information about this project, seek to negotiate a mutually acceptable Tennessee’s existing Compressor Station including a copy of the application, can agreement. However, if the Commission 110 in Rowan County, Kentucky, adding be viewed or printed on the ‘‘eLibrary’’ approves the project, that approval 32,000 hp; link of Commission’s Web site at conveys with it the right of eminent • Four new mid-point compressor http://www.ferc.gov/docs-filing/ domain. Therefore, if easement stations, (Compressor Stations 202.5, elibrary.asp. Enter the docket number negotiations fail to produce an 206.5, 211.5, and 216.5), on lines 200– (P–14670) in the docket number field to agreement, the pipeline company could 1, 200–2, and 200–4, adding a total of access the document. For assistance, initiate condemnation proceedings 82,000 hp in Jackson, Morgan, contact FERC Online Support. where compensation would be Tuscarawas, and Mahoning counties, determined in accordance with state Ohio; Dated: April 21, 2015. • 1 law. A 7.6-mile-long new pipeline loop Kimberly D. Bose, in Carter and Lewis Counties, Kentucky Secretary. Tennessee provided landowners with a fact sheet prepared by the FERC to continue Tennessee’s Line 100–7; and [FR Doc. 2015–09754 Filed 4–27–15; 8:45 am] • Removal of certain crossovers, taps, entitled ‘‘An Interstate Natural Gas valves and miscellaneous pipe, and the BILLING CODE 6717–01–P Facility On My Land? What Do I Need relocation and/or installation of new To Know?’’ This fact sheet addresses a taps to complete the physical separation number of typically-asked questions, DEPARTMENT OF ENERGY of the Abandoned Line from including the use of eminent domain Tennessee’s retained pipelines. Federal Energy Regulatory and how to participate in the Commission Commission’s proceedings. It is also Land Requirements available for viewing on the FERC Web [Docket No. CP15–88–000] Project activities, including site (www.ferc.gov). abandonment, construction and Tennessee Gas Pipeline Company, Summary of the Proposed Project modification of existing facilities, would LLC; Notice of Intent To Prepare an disturb about 463 acres of land. Tennessee proposes to abandon in Environmental Assessment for the Following abandonment and place and remove from service Proposed Abandonment and Capacity construction activities, Tennessee approximately 964 miles of Tennessee’s Restoration Project Request for would maintain about 256.4 acres for existing pipelines that run from Comments on Environmental Issues permanent operation of the project’s Natchitoches Parish, LA, to Columbiana facilities; the remaining acreage would The staff of the Federal Energy County, Ohio. Tennessee currently be restored and revert to former uses. Regulatory Commission (FERC or operates six parallel pipelines that About 105.3 acres of land would be Commission) will prepare an transport natural gas from the Gulf of disturbed by the construction of new environmental assessment (EA) that will Mexico region to the Northeast markets. compressor stations in Jackson, Morgan, discuss the environmental impacts of The proposed Project would occur on Tuscarawas, and Mahoning counties, the Abandonment and Capacity Tennessee’s existing 100 and 200 Lines. Ohio (60.3 acres would be permanently Restoration Project (Project) involving In order to replace capacity that would maintained for operation). Construction abandonment of facilities by Tennessee be lost due to the abandonment, of the 7.6-mile-long new pipeline would Gas Pipeline Company, LLC Tennessee would modify and construct disturb about 163 acres of land in Carter (Tennessee). The Commission will use certain facilities along the existing and Lewis Counties, Kentucky (46.3 this EA in its decision-making process pipelines not proposed for acres would be permanently maintained to determine whether the project is in abandonment. for operation). Land disturbed by the public convenience and necessity. Tennessee would abandon in place modifications to existing compressor This notice announces the opening of the following facilities: stations and removal, relocation and/or • the scoping process the Commission 677 miles of Tennessee’s 24-inch- installation of crossovers, taps, valves will use to gather input from the public diameter 100–1 Line from Compressor and miscellaneous pipe on Tennessee’s and interested agencies on the project. Station 40 in Natchitoches Parish, existing pipeline would be mostly Your input will help the Commission Louisiana, to Compressor Station 106 in within Tennessee’s existing right-of- staff determine what issues they need to Powel County, Kentucky; way. The general location of the Project • evaluate in the EA. Please note that the 77 miles of Tennessee’s 26-inch- is shown in appendix 1.2 scoping period will close on May 18, diameter 100–3 Line from Compressor 2015. You may submit comments in Station 106 to Compressor Station 200 Future Use of the Abandoned Pipeline written form. Further details on how to in Greenup County, Kentucky; and Facilities submit written comments are in the • 210 miles of Tennessee’s 26-inch- Following the abandonment of Public Participation section of this diameter 200–3 Line from Compressor Tennessee’s pipeline facilities, if the notice. Station 200 to MLV 216 in Columbiana Commission approves the Project, This notice is being sent to the County, Ohio, including disconnection Commission’s current environmental of the 200–3 Line from an aerial 1 A pipeline loop is a segment of pipe constructed mailing list for this project. State and crossing at either side of the Ohio River parallel to an existing pipeline to increase capacity. headers. 2 The appendices referenced in this notice will local government representatives should not appear in the Federal Register. Copies of notify their constituents of this Tennessee would construct and appendices were sent to all those receiving this proposed project and encourage them to install the following facilities: notice in the mail and are available at www.ferc.gov comment on their areas of concern. • An additional 10,771 horsepower using the link called ‘‘eLibrary’’ or from the Commission’s Public Reference Room, 888 First If you are a landowner receiving this (hp) compressor unit at Compressor Street NE., Washington, DC 20426, or call (202) notice, a pipeline company Station 875, to be constructed by 502–8371. For instructions on connecting to representative may contact you about Tennessee as part of the Broad Run eLibrary, refer to the last page of this notice.
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Tennessee indicates that it would to the public for an allotted comment more useful they will be. To ensure that complete necessary work to disconnect period. We will consider all comments your comments are timely and properly and transfer the Abandoned Line and on the EA before making our recorded, please send your comments so associated facilities to Utica Marcellus recommendations to the Commission. that the Commission receives them in Texas Pipeline, LLC (UMTP) who would To ensure we have the opportunity to Washington, DC on or before May 18, convert the Abandoned Line to natural consider and address your comments, 2015. gas liquids (NGL) products please carefully follow the instructions For your convenience, there are three transportation service (UMTP Project). in the Public Participation section on methods which you can use to submit These activities involving future use of page 5. your comments to the Commission. In the Abandoned Line are not under the With this notice, we are asking all instances please reference the project FERC’s jurisdiction, and therefore, are agencies with jurisdiction by law and/ docket number (CP15–88–000) with not subject to the FERC’s review or special expertise with respect to the your submission. The Commission procedures. In the EA, we will provide environmental issues of this project to encourages electronic filing of available descriptions of the future use formally cooperate with us in the comments and has expert staff available and non-jurisdictional activities, preparation of the EA 4. Agencies that to assist you at (202) 502–8258 or including the UMTP Project, and would like to request cooperating [email protected]. discuss them in our analysis of agency status should follow the (1) You can file your comments cumulative impacts. instructions for filing comments electronically using the eComment provided under the Public Participation feature on the Commission’s Web site The EA Process section of this notice. (www.ferc.gov) under the link to The National Environmental Policy Documents and Filings. This is an easy Consultations Under Section 106 of the method for interested persons to submit Act (NEPA) requires the Commission to National Historic Preservation Act take into account the environmental brief, text-only comments on a project; impacts that could result from an action In accordance with the Advisory (2) You can file your comments whenever it considers the issuance of a Council on Historic Preservation’s electronically using the eFiling feature Certificate of Public Convenience and implementing regulations for section on the Commission’s Web site Necessity. NEPA also requires us 3 to 106 of the National Historic (www.ferc.gov) under the link to discover and address concerns the Preservation Act, we are using this Documents and Filings. With eFiling, public may have about proposals. This notice to initiate consultation with the you can provide comments in a variety process is referred to as ‘‘scoping.’’ The applicable State Historic Preservation of formats by attaching them as a file main goal of the scoping process is to Office(s) (SHPO), and to solicit their with your submission. New eFiling focus the analysis in the EA on the views and those of other government users must first create an account by important environmental issues. By this agencies, interested Indian tribes, and clicking on ‘‘eRegister.’’ You must select the public on the project’s potential the type of filing you are making. If you notice, the Commission requests public 5 comments on the scope of the issues to effects on historic properties. We will are filing a comment on a particular define the project-specific Area of address in the EA. We will consider all project, please select ‘‘Comment on a Potential Effects (APE) in consultation filed comments during the preparation Filing’’; or with the SHPO(s) as the project (3) You can file a paper copy of your of the EA. develops. On natural gas facility comments by mailing them to the In the EA we will discuss impacts that projects, the APE at a minimum following address: Kimberly D. Bose, could occur as a result of the encompasses all areas subject to ground Secretary, Federal Energy Regulatory construction and operation of the disturbance (examples include Commission, 888 First Street NE., Room proposed project under these general construction right-of-way, contractor/ 1A, Washington, DC 20426. headings: pipe storage yards, compressor stations, • Geology and soils; Environmental Mailing List • and access roads). Our EA for this Land use; The environmental mailing list • Water resources, fisheries, and project will document our findings on the impacts on historic properties and includes federal, state, and local wetlands; government representatives and • Cultural resources; summarize the status of consultations • under section 106. agencies; elected officials; Vegetation and wildlife; environmental and public interest • Air quality and noise; Public Participation groups; Native American Tribes; other • Endangered and threatened species; You can make a difference by interested parties; and local libraries and providing us with your specific and newspapers. This list also includes • Public safety. comments or concerns about the project. all affected landowners (as defined in We will also evaluate reasonable Your comments should focus on the the Commission’s regulations) who are alternatives to the proposed project or potential environmental effects, potential right-of-way grantors, whose portions of the project, and make reasonable alternatives, and measures to property may be used temporarily for recommendations on how to lessen or avoid or lessen environmental impacts. abandonment purposes, or who own avoid impacts on the various resource The more specific your comments, the homes within certain distances of areas. aboveground facilities, and anyone who The EA will present our independent 4 The Council on Environmental Quality submits comments on the project. We analysis of the issues. The EA will be regulations addressing cooperating agency will update the environmental mailing available in the public record through responsibilities are at Title 40, Code of Federal list as the analysis proceeds to ensure eLibrary. Depending on the comments Regulations, Part 1501.6. 5 that we send the information related to received during the scoping process, we The Advisory Council on Historic Preservation’s regulations are at Title 36, Code of Federal this environmental review to all may also publish and distribute the EA Regulations, Part 800. Those regulations define individuals, organizations, and historic properties as any prehistoric or historic 3 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the district, site, building, structure, or object included government entities interested in and/or environmental staff of the Commission’s Office of in or eligible for inclusion in the National Register potentially affected by the proposed Energy Projects. of Historic Places. project.
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If we publish and distribute the EA, DEPARTMENT OF ENERGY Bison Peak Pumped Storage Project copies will be sent to the environmental West lower reservoir alternative would mailing list for public review and Federal Energy Regulatory be about 2,190 gigawatt-hours. comment. If you would prefer to receive Commission The South lower reservoir alternative a paper copy of the document instead of [Project No. 14201–001] proposal would consist of the following: the CD version or would like to remove (1) The upper reservoir; (2) a 41.8-acre your name from the mailing list, please Bison Peak Pumped Storage, LLC; lower reservoir at 4,875 feet msl created return the attached Information Request Notice of Preliminary Permit by a dam with a crest height of 260 feet, (appendix 2). Application Accepted for Filing and crest length of up to 1,285 feet, and a Soliciting Comments, Motions To storage capacity of 4,616 acre-feet; (3) Becoming an Intervenor Intervene, and Competing Applications four 10-foot diameter, 9,420-foot-long In addition to involvement in the EA penstocks from the concrete lined scoping process, you may want to On January 2, 2015, the Bison Peak intake/tailrace facility at the upper become an ‘‘intervenor’’ which is an Pumped Storage, LLC., filed an reservoir to; (4) an underground official party to the Commission’s application for a successive preliminary powerhouse with four 250-megawatt proceeding. Intervenors play a more permit, pursuant to section 4(f) of the (MW) reversible pump-turbines; (5) an formal role in the process and are able Federal Power Act (FPA), proposing to intake/tailrace facility; and (6) to file briefs, appear at hearings, and be study the feasibility of the Bison Peak appurtenant facilities. The estimated heard by the courts if they choose to Pumped Storage Project (Bison Peak annual generation of the Bison Peak appeal the Commission’s final ruling. Project or project) to be located in the Pumped Storage Project South lower An intervenor formally participates in Tehachapi Mountains south of reservoir alternative would be about the proceeding by filing a request to Tehachapi, Kern County, California. The 2,190 gigawatt-hours. intervene. Instructions for becoming an sole purpose of a preliminary permit, if The East lower reservoir alternative intervenor are in the User’s Guide under issued, is to grant the permit holder would consist of the following: (1) The the ‘‘e-filing’’ link on the Commission’s priority to file a license application upper reservoir; (2) a 47-acre lower Web site. during the permit term. A preliminary reservoir at 5,800 feet msl created by a permit does not authorize the permit dam with a crest height of 320 feet, crest Additional Information holder to perform any land-disturbing length of 1,150 feet, and a storage Additional information about the activities or otherwise enter upon lands capacity of 5,724 acre-feet; (3) three 12- project is available from the or waters owned by others without the foot diameter, 5,890-foot-long penstocks Commission’s Office of External Affairs, owners’ express permission. from the concrete lined intake/tailrace at (866) 208–FERC, or on the FERC Web The proposed project would be a facility at the upper reservoir to; (4) an site at www.ferc.gov using the closed-loop pumped storage project underground powerhouse with three ‘‘eLibrary’’ link. Click on the eLibrary with an upper reservoir and the 250-megawatt (MW) reversible pump- link, click on ‘‘General Search’’ and applicant has proposed three turbines; (5) an intake/tailrace facility; enter the docket number, excluding the alternatives for the placement of a lower and (6) appurtenant facilities. The last three digits in the Docket Number reservoir, termed ‘‘West,’’ ‘‘South,’’ and estimated annual generation of the field (i.e., CP15–88). Be sure you have ‘‘East’’. Water for the initial fill of each Bison Peak Pumped Storage Project East selected an appropriate date range. For of the alternatives would be obtained lower reservoir alternative would be assistance, please contact FERC Online from local water agency infrastructure about 1,642 gigawatt-hours. Support at [email protected] via a route that would be identified Applicant Contact: Mario Lucchese, or toll free at (866) 208–3676, or for during studies. Bison Peak Pumped Storage, LLC. 9795 TTY, contact (202) 502–8659. The A ring dam of varying heights and a Cabrini Dr., Ste. 206, Burbank, CA eLibrary link also provides access to the perimeter of 6,000 feet would form the 91504; phone: (818) 767–5552. texts of formal documents issued by the project’s upper reservoir. The upper FERC Contact: Matt Buhyoff; phone: Commission, such as orders, notices, reservoir would have a total storage (202) 502–6824. and rulemakings. capacity of 4,196 acre-feet and a surface Deadline for filing comments, motions In addition, the Commission now area of 45.4 acres at an elevation of to intervene, competing applications offers a free service called eSubscription 7,800 feet mean sea level (msl) and a (without notices of intent), or notices of which allows you to keep track of all concrete lined intake/tailrace facility. intent to file competing applications: 60 formal issuances and submittals in The upper reservoir would be connected days from the issuance of this notice. specific dockets. This can reduce the to one of the three proposed lower Competing applications and notices of amount of time you spend researching reservoir alternatives as described intent must meet the requirements of 18 proceedings by automatically providing below. CFR 4.36. you with notification of these filings, The West lower reservoir alternative The Commission strongly encourages document summaries, and direct links would consist of the following: (1) The electronic filing. Please file comments, to the documents. Go to www.ferc.gov/ upper reservoir; (2) a 43-acre lower motions to intervene, notices of intent, docs-filing/esubscription.asp. reservoir at 5,380 feet msl created by a and competing applications using the Finally, public meetings or site visits dam with a crest height of 250 feet, crest Commission’s eFiling system at http:// will be posted on the Commission’s length of 1,435 feet, and a storage www.ferc.gov/docs-filing/efiling.asp. calendar located at www.ferc.gov/ capacity of 5,347 acre-feet; (3) four 10- Commenters can submit brief comments EventCalendar/EventsList.aspx along foot diameter, 5,890-foot-long penstocks up to 6,000 characters, without prior with other related information. from the concrete lined intake/tailrace registration, using the eComment system facility at the upper reservoir; (4) an at http://www.ferc.gov/docs-filing/ Dated: April 17, 2015. underground powerhouse with four ecomment.asp. You must include your Kimberly D. Bose, 250-megawatt (MW) reversible pump- name and contact information at the end Secretary. turbines; (5) an intake/tailrace facility; of your comments. For assistance, [FR Doc. 2015–09746 Filed 4–27–15; 8:45 am] and (6) appurtenant facilities. The please contact FERC Online Support at BILLING CODE 6717–01–P estimated annual generation of the [email protected], (866)
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208–3676 (toll free), or (202) 502–8659 DEPARTMENT OF ENERGY Applicant Contact: Paul Maselbas, (TTY). In lieu of electronic filing, please Los Angeles County Public Works, send a paper copy to: Kimberly D. Bose, Federal Energy Regulatory Waterworks Division, 900 S. Freemont Secretary, Federal Energy Regulatory Commission Ave., Alhambra, CA 91803, (626) 300– Commission, 888 First Street NE., 3302. Washington, DC 20426. The first page of [Docket No., CD15–23–000] FERC Contact: Robert Bell, Phone No. any filing should include docket (202) 502–6062, email: number P–14201–001. Los Angeles County Public Works; [email protected]. Notice of Preliminary Determination of Qualifying Conduit Hydropower More information about this project, a Qualifying Conduit Hydropower Facility Description: The proposed including a copy of the application, can Facility and Soliciting Comments and project would consist of: (1) an existing be viewed or printed on the ‘‘eLibrary’’ Motions To Intervene 51-foot by 38-foot building, which will link of Commission’s Web site at serve as the powerhouse; (2) an existing http://www.ferc.gov/docs-filing/ On April 14, 2015, Los Angeles 30-inch-diameter pipe to the treatment elibrary.asp. Enter the docket number County Public Works filed a notice of plant; (3) one proposed turbine- (P–14201) in the docket number field to intent to construct a qualifying conduit generator unit with an installed capacity access the document. For assistance, hydropower facility, pursuant to section of 215 kW, which will replace pressure contact FERC Online Support. 30 of the Federal Power Act (FPA), as reducing valve CV5; (4) an existing 125- Dated: April 14, 2015. amended by section 4 of the foot-long, 30-inch-diameter discharge Hydropower Regulatory Efficiency Act pipe that delivers potable water to Kimberly D. Bose, of 2013 (HREA). The proposed M7W storage tanks for distribution to parts of Secretary. Pressure Reducing Station Hydroelectric the City of Palmdale, California and (5) [FR Doc. 2015–09840 Filed 4–27–15; 8:45 am] Project would have an installed capacity appurtenant facilities. The proposed BILLING CODE 6717–01–P of 215 kilowatts (kW) and would be project would have an estimated annual located at the Quartz Hill Water generating capacity of 730 megawatt- Treatment Plant, which treats water for hours. municipal consumption. The project A qualifying conduit hydropower would be located near the Town of facility is one that is determined or Palmdale in Los Angeles County, deemed to meet all of the criteria shown California. in the table below.
TABLE 1—CRITERIA FOR QUALIFYING CONDUIT HYDROPOWER FACILITY
Satisfies Statutory provision Description (Y/N)
FPA 30(a)(3)(A), as amended The conduit the facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar Y by HREA. manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. FPA 30(a)(3)(C)(i), as amended The facility is constructed, operated, or maintained for the generation of electric power and Y by HREA. uses for such generation only the hydroelectric potential of a non-federally owned conduit. FPA 30(a)(3)(C)(ii), as amend- The facility has an installed capacity that does not exceed 5 megawatts ...... Y ed by HREA. FPA 30(a)(3)(C)(iii), as amend- On or before August 9, 2013, the facility is not licensed, or exempted from the licensing re- Y ed by HREA. quirements of Part I of the FPA.
Preliminary Determination: Based deadline date for the particular facility meets the qualifying criteria upon the above criteria, Commission proceeding. must set forth their evidentiary basis. staff preliminarily determines that the Filing and Service of Responsive The Commission strongly encourages proposal satisfies the requirements for a Documents: All filings must (1) bear in electronic filing. Please file motions to qualifying conduit hydropower facility, all capital letters the ‘‘COMMENTS intervene and comments using the which is not required to be licensed or CONTESTING QUALIFICATION FOR A Commission’s eFiling system at http:// exempted from licensing. CONDUIT HYDROPOWER FACILITY’’ www.ferc.gov/docs-filing/efiling.asp. Comments and Motions to Intervene: or ‘‘MOTION TO INTERVENE,’’ as Commenters can submit brief comments Deadline for filing comments contesting applicable; (2) state in the heading the up to 6,000 characters, without prior whether the facility meets the qualifying name of the applicant and the project registration, using the eComment system criteria is 45 days from the issuance number of the application to which the at http://www.ferc.gov/docs-filing/ date of this notice. filing responds; (3) state the name, ecomment.asp. You must include your name and contact information at the end Deadline for filing motions to address, and telephone number of the of your comments. For assistance, intervene is 30 days from the issuance person filing; and (4) otherwise comply please contact FERC Online Support at date of this notice. with the requirements of sections 385.2001 through 385.2005 of the [email protected], (866) Anyone may submit comments or a 208–3676 (toll free), or (202) 502–8659 Commission’s regulations.1 All motion to intervene in accordance with (TTY). In lieu of electronic filing, please comments contesting Commission staff’s the requirements of Rules of Practice send a paper copy to: Secretary, Federal preliminary determination that the and Procedure, 18 CFR 385.210 and Energy Regulatory Commission, 888 385.214. Any motions to intervene must First Street NE., Washington, DC 20426. be received on or before the specified 1 18 CFR 385.2001–2005 (2014). A copy of all other filings in reference
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to this application must be accompanied h. FERC Contact: M. Joseph Fayyad, dated October 28, 2011, to the new by proof of service on all persons listed (202) 502–8759, [email protected]. owner, Mr. Drone, the Commission in the service list prepared by the i. Deadline for filing comments, requested the filing of documentation he Commission in this proceeding, in motions to intervene and protests, is 30 has the rights to use or occupy the accordance with 18 CFR 4.34(b) and days from the issuance date of this federal lands affected by the project, and 385.2010. notice. The Commission strongly a plan and schedule for making the Locations of Notice of Intent: Copies encourages electronic filing. All project operational. On March 6, 2012, of the notice of intent can be obtained documents may be filed using the Mr. Drone filed a letter with the directly from the applicant or such Commission’s eFiling system at http:// Commission stating he declined the copies can be viewed and reproduced at www.ferc.gov/docs-filing/efiling.asp. exemption transfer until Mr. Reeves the Commission in its Public Reference Commenters can submit brief comments resolves non-compliance and Room, Room 2A, 888 First Street NE., up to 6,000 characters, without prior outstanding debt liability issues. Washington, DC 20426. The filing may registration, using the eComment system Commission, BLM, and BOR staff has also be viewed on the web at http:// at http://www.ferc.gov/docs-filing/ tried to contact both parties. The parties www.ferc.gov/docs-filing/elibrary.asp ecomment.asp. You must include your have shown no movement towards using the ‘‘eLibrary’’ link. Enter the name and contact information at the end restoring project operation or removing docket number (e.g., CD15–23000) in of your comments. For assistance, abandoned equipment, and no longer the docket number field to access the please contact FERC Online Support at claim ownership of the project. Last document. For assistance, call toll-free [email protected], (866) correspondence with Mr. Reeves was 1–866–208–3676 or email 208–3676 (toll free), or (202) 502–8659 returned with no forwarding address. [email protected]. For TTY, (TTY). In lieu of electronic filing, please The Commission is pursuing an implied call (202) 502–8659. send a paper copy to: Secretary, Federal surrender of the exemption due to Energy Regulatory Commission, 888 noncompliance with its Standard Dated: April 16, 2015. First Street NE., Washington, DC 20426. Article 1. Doing so will also facilitate Kimberly D. Bose, Please include the project number (P– the BLM and/or the BOR efforts to Secretary. 6142–008) on any comments, motions to pursue legally the current and/or the [FR Doc. 2015–09745 Filed 4–27–15; 8:45 am] intervene, protests, or recommendations previous owner of the project. BILLING CODE 6717–01–P filed. l. This notice is available for review j. Description of Project Facilities: (1) and reproduction at the Commission in A 5-foot-high by 20-foot-long diversion the Public Reference Room, Room 2A, DEPARTMENT OF ENERGY structure on Dardanelles Creek and a 2- 888 First Street NE., Washington, DC foot-high by 8-foot-long diversion 20426. The filing may also be viewed on Federal Energy Regulatory structure on Pond Creek; (2) a 8-inch- the Commission’s Web site at http:// Commission diameter, 4,000-foot-long conduit from www.ferc.gov/docs-filing/elibrary.asp. [Project No. 6142–008] Dardanelles Creek, and a 2-foot-wide, Enter the Docket number (P–6142–008) 2,700-foot-long ditch from Pond Creek; excluding the last three digits in the Bradley D. Reeves, Kevin Drone; (3) a settling basin, 60-foot-long, 30-foot- docket number field to access the Notice of Termination of Exemption by wide, and 8-foot-deep; (4) a 6-inch- notice. You may also register online at Implied Surrender and Soliciting diameter, 1,660-foot-long penstock; (5) a http://www.ferc.gov/docs-filing/ Comments, Protests, and Motions To powerhouse with a single Canyon esubscription.asp to be notified via Intervene turbine unit rated at 224 kilowatts (kW), email of new filings and issuances and connected to a Toshiba induction related to this or other pending projects. Take notice that the following generator rated at 240 kW; and (6) For assistance, call toll-free 1–866–208– hydroelectric proceeding has been appurtenant facilities. 3676 or email FERCOnlineSupport@ initiated by the Commission: k. Description of Proceeding: The ferc.gov. For TTY, call (202) 502–8659. a. Type of Proceeding: Termination of exemptee is in violation of Standard m. Individuals desiring to be included exemption by implied surrender Article 1 of its exemption, which was on the Commission’s mailing list should b. Project No.: 6142–008 granted on October 8, 1982 (21 FERC so indicate by writing to the Secretary c. Date Initiated: April 16, 2015 ¶62,018). Article 1 provides, among of the Commission. d. Exemptees: Bradley D. Reeves and other things, that the Commission may n. Comments and Protests—Anyone Kevin Drone terminate an exemption if any term or may submit comments, protests or a e. Name and Location of Project: The condition of the exemption is violated. motion to intervene in accordance with Dardanelles Creek Hydroelectric Project Commission records show The the requirements of Rules of Practice is located on the Dardanelles and Pond Dardanelles Creek Hydroelectric Project and Procedure, 18 CFR 385.210 and Creeks, in Placer County, California, on has been non-operational since before 385.211. In determining the appropriate federal lands managed by the U.S. 2009. The project is located on lands action to take, the Commission will Department of the Interior’s Bureau of managed by the Bureau of Land consider all protests or other comments Land Management (BLM) and Bureau of Management (BLM) and the Bureau of filed, but only those who file a motion Reclamation (BOR). Reclamation (BOR) and has ongoing to intervene in accordance with the f. Issued Pursuant to: 18 CFR 4.106 compliance issues with both agencies. Commission’s Rules may become a (Standard Article 1 of the Exemption) By letter dated September 26, 2011, party to the proceeding. Any comments, g. Exemptee Contact Information: BLM copied the Commission on a fully protests, or motions to intervene must Bradley D. Reeves, 6335 Broken Bow executed duplicate original 5-year be received on or before the specified Court Foresthill, CA 95631, (916) 887– license (permit to use federal lands) to deadline date for the particular 1443, and Kevin Drone, 22234 Todd Mr. Bradley Reeves, exemptee for the proceeding. Valley Road Foresthill, CA 95631, (530) project. On October 17, 2011, Mr. o. Filing and Service of Responsive 863–3643 Or c/o Sackheim Consulting, Reeves advised the Commission that he Documents—Any filing must (1) bear in 5096 Cocoa Palm Way, Fair Oaks, CA had sold the project to Mr. Kevin Drone all capital letters the title ‘‘COMMENTS, 95628, (301) 401–5978. as of September 15, 2011. By letter PROTEST, or MOTION TO INTERVE’’,
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as applicable; (2) set forth in the West Virginia and Virginia. For further fact sheet addresses a number of heading the project number of the details about the project facilities and typically asked questions, including the proceeding to which the filing responds; locations, see ‘‘Summary of the use of eminent domain and how to (3) furnish the name, address, and Proposed Project’’ below. The participate in the Commission’s telephone number of the person Commission will use this EIS in its proceedings. commenting or protesting; and (4) decision-making process to determine Public Participation otherwise comply with the requirements whether the project is in the public of 18 CFR 385.2001 through 385.2005. convenience and necessity. You can make a difference by All comments, protests, or motion to This notice announces the opening of providing us with your specific intervene must set forth their the scoping process the Commission comments or concerns about the project. evidentiary basis and otherwise comply will use to gather input from the public Your comments should focus on the with the requirements of 18 CFR 4.34(b). and interested agencies on the project. potential environmental effects, All comments or protests should relate You can make a difference by providing reasonable alternatives, and measures to to project works which are the subject us with your specific comments or avoid or lessen environmental impacts. of the termination of exemption. A copy concerns about the project. Your The more specific your comments, the of any protest must be served upon each comments should focus on the potential more useful they will be. To ensure that representative of the exemptee specified environmental effects, reasonable your comments are timely and properly in item g above. A copy of all other alternatives, and measures to avoid or recorded, please send your comments so filings in reference to this notice must lessen environmental impacts. Your that the Commission receives them in be accompanied by proof of service on input will help the Commission staff Washington, DC on or before June 16, all persons listed in the service list determine what issues they need to 2015. prepared by the Commission in this evaluate in the EIS. To ensure that your For your convenience, there are four proceeding, in accordance with 18 CFR comments are timely and properly methods you can use to submit your 4.34(b) and 385.2010. recorded, please send your comments so comments to the Commission. In all p. Agency Comments—Federal, state, that the Commission receives them in instances, please reference the project and local agencies are invited to file Washington, DC on or before June 16, docket number (PF15–3–000) with your comments on the described proceeding. 2015. submission. The Commission If any agency does not file comments If you sent comments on this project encourages electronic filing of within the time specified for filing to the Commission before the opening of comments and has expert staff available comments, it will be presumed to have the docket on October 27, 2014, you will to assist you at (202) 502–8258 or no comments. need to re-file those comments in [email protected]. Dated: April 16, 2015. Docket No. PF15–3–000 to ensure they (1) You can file your comments Kimberly D. Bose, are considered as part of this electronically using the eComment Secretary. proceeding. Any comments submitted feature located on the Commission’s after the establishment of a project [FR Doc. 2015–09751 Filed 4–27–15; 8:45 am] Web site (www.ferc.gov) under the link docket do not need to be re-filed. BILLING CODE 6717–01–P to Documents & Filings. This is an easy This notice is being sent to the method for interested persons to submit Commission’s current environmental brief, text-only comments on a project; DEPARTMENT OF ENERGY mailing list for this project. State and local government representatives should (2) You can file your comments electronically using the eFiling feature Federal Energy Regulatory notify their constituents of this planned located on the Commission’s Web site Commission project and encourage them to comment on their areas of concern. (www.ferc.gov) under the link to [Docket No. PF15–3–000] If you are a landowner receiving this Documents & Filings. With eFiling, you can provide comments in a variety of Mountain Valley Pipeline, LLC; Notice notice, a Mountain Valley representative may contact you about the acquisition of formats by attaching them as a file with of Intent To Prepare an Environmental your submission. New eFiling users Impact Statement for the Planned an easement to construct, operate, and maintain the planned facilities. The must first create an account by clicking Mountain Valley Pipeline Project, on eRegister. You must select the type Request for Comments on company would seek to negotiate a mutually acceptable agreement. of filing you are making. If you are filing Environmental Issues, and Notice of a comment on a particular project, Public Scoping Meetings However, if the Commission approves the project, that approval conveys with please select Comment on a Filing; or The staff of the Federal Energy it the right of eminent domain. (3) You can file a paper copy of your Regulatory Commission (FERC or Therefore, if easement negotiations fail comments by mailing them to the Commission) will prepare an to produce an agreement, the pipeline following address: Kimberly D. Bose, environmental impact statement (EIS) company could initiate condemnation Secretary, Federal Energy Regulatory that will discuss the environmental proceedings where compensation would Commission, 888 First Street NE., Room impacts of the Mountain Valley Pipeline be determined in accordance with state 1A, Washington, DC 20426. Project (MVP Project) involving law. (4) In lieu of sending written or construction and operation of natural A fact sheet prepared by the FERC electronic comments, the Commission gas facilities by Mountain Valley entitled ‘‘An Interstate Natural Gas invites you to attend one of the public Pipeline, LLC (Mountain Valley), a joint Facility On My Land? What Do I Need scoping meetings its staff will conduct venture between affiliates of EQT To Know?’’ is available for viewing on in the project area, scheduled as Corporation and NextEra Energy, Inc., in the FERC Web site (www.ferc.gov). This follows.
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FERC PUBLIC SCOPING MEETINGS—MVP PROJECT
Date and time Location
Monday, May 4, 2015, 7:00 p.m...... James Monroe High School, Route 1, Lindside, WV 24951. Tuesday, May 5, 2015, 7:00 p.m...... Eastern Montgomery High School, 4695 Crozier Road, Elliston, VA 24087. Thursday, May 7, 2015, 7:00 p.m...... Chatham High School, 100 Cavalier Circle, Chatham, VA 24531. Monday, May 11, 2015, 7:00 p.m...... Robert C. Byrd Center, 992 North Fork Road, Pine Grove, WV 26419. Tuesday, May 12, 2015, 7:00 p.m...... West Virginia University Jackson’s Mill, 160 WVU Jackson Mill, Weston, WV 26452. Wednesday, May 13, 2015, 7:00 p.m...... Nicholas County High School, 30 Grizzly Road, Summersville, WV 26651.
We 1 will begin our sign-up of West Virginia and Montgomery County, scoping meetings) during the speakers one hour prior to the start of Virginia; 4 new meter stations; 49 main preparation of the EIS. each meeting (at 6:00 p.m.). The scoping line valves, and 6 pig 2 launchers and/ In the EIS we will discuss impacts meetings will begin at 7:00 p.m., with a or receivers. that could occur as a result of the description of our environmental review The MVP Project would provide about construction and operation of the process by Commission staff, after 2 billion cubic feet of natural gas per planned project under these general which speakers will be called. Each day to markets in the Mid-Atlantic and headings: meeting will end once all speakers have Southeastern United States. The general • Geology and soils; provided their comments or when our location of the project facilities are • Water resources and wetlands; contracted time for the facility closes. shown in appendix 1.3 • Vegetation and wildlife; • Cultural resources; Please note that there may be a time Land Requirements for Construction limit of three minutes to present • Land use, recreation, and visual comments, and speakers should Construction of the planned facilities resources; • structure their comments accordingly. If would disturb about 5,458 acres of land Socioeconomics; • time limits are implemented, they will for the pipeline and aboveground Air quality and noise; facilities, not including temporary • Cumulative impacts; and be strictly enforced to ensure that as • many individuals as possible are given access roads which are not yet Public safety. an opportunity to comment. The determined. Following construction, As part of our analysis under the meetings will be recorded by a Mountain Valley would maintain about NEPA, we will consider or recommend stenographer to ensure comments are 2,687 acres for permanent operation of measures to avoid, minimize, or accurately recorded. Transcripts will be the project’s facilities, not including mitigate impacts on specific resources. entered into the formal record of the permanent access roads; the remaining We will also evaluate possible Commission proceeding. The acreage would be restored and revert to alternatives to the planned project or Commission will give equal former uses. About 15 percent of the portions of the project. Mountain Valley consideration to all comments received, planned pipeline route parallels existing has proposed a number of alternatives, whether filed in written form or pipeline, utility, and road rights-of-way. developed through the company’s route selection process or identified by provided verbally at the scoping The EIS Process meeting. stakeholders, in draft Resource Report Mountain Valley representatives will The National Environmental Policy 10 filed with the FERC in Docket No. be present one hour prior to the start of Act (NEPA) requires the Commission to PF15–3–000 on April 14, 2015. During the scoping meetings to provide take into account the environmental scoping, we are specifically soliciting additional information about the project impacts that could result from an action comments on the range of alternatives and answer questions. whenever it considers the issuance of a for the project. Certificate of Public Convenience and Although no formal application has Summary of the Planned Project Necessity. The NEPA also requires us to been filed, we have already initiated our The MVP Project would involve the discover and address concerns the environmental review under the construction and operation of about 294 public may have about proposals. This Commission’s pre-filing process. The miles of 42-inch-diameter buried steel process is referred to as scoping. The purpose of the pre-filing process is to pipeline in Wetzel, Harrison, main goal of the scoping process is to encourage early involvement of Doddridge, Lewis, Braxton, Webster, focus the analysis in the EIS on the interested stakeholders and to identify Nicholas, Greenbrier, Fayette, Summers, important environmental issues. By this and resolve issues before the FERC and Monroe Counties, West Virginia notice, the Commission requests public receives a formal application from and Giles, Montgomery, Roanoke, comments on the scope of the issues to Mountain Valley. During the pre-filing Franklin, and Pittsylvania Counties in address in the EIS. We will consider all process, we contacted federal and state Virginia. The pipeline would originate filed comments (including verbal agencies to discuss their involvement in at Equitrans, L.P.’s existing transmission comments presented at the public scoping and the preparation of the EIS. system in Wetzel County, West Virginia With this notice, we are asking and terminate at the existing 2 A ‘‘pig’’ is an internal tool that the pipeline agencies with jurisdiction by law and/ company inserts into and pushes through the Transcontinental Gas Pipeline Company pipeline for cleaning, inspections, or other or special expertise with respect to the LLC’s existing Zone 5 Compressor purposes. environmental issues related to this Station 165 in Pittsylvania County, 3 The appendices referenced in this notice will project to formally cooperate with us in Virginia. Additional facilities would not appear in the Federal Register. Copies of the the preparation of the EIS.4 Agencies include 4 new compressor stations in appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov that would like to request cooperating Wetzel, Braxton, and Fayette Counties, using the link called ‘‘eLibrary’’ or from the Commission’s Public Reference Room, 888 First 4 The Council on Environmental Quality 1 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the Street NE., Washington, DC 20426, or call (202) implementing regulations for the NEPA addresses environmental staff of the Commission’s Office of 502–8371. For instructions on connecting to cooperating agency responsibilities at Title 40, Code Energy Projects. eLibrary, refer to the last page of this notice. of Federal Regulations, Part 1501.6.
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agency status should follow the project-specific Area of Potential Effects within certain distances of aboveground instructions for filing comments (APE) in consultation with the SHPOs facilities, and anyone who provides a provided under the Public Participation as the project develops. On natural gas mailing addressed when they submit section of this notice. Currently, the facility projects, the APE at a minimum comments on the project. We will U.S. Department of Agriculture, Forest encompasses all areas subject to ground update the environmental mailing list as Service, Jefferson National Forest disturbance (examples include the analysis proceeds to ensure that we (USFS); U.S. Army Corps of Engineers, construction right-of-way, contractor/ send the information related to this Huntington and Norfolk Districts; U.S. pipe storage yards, compressor stations, environmental review to all individuals, Environmental Protection Agency, and access roads). Our EIS for this organizations, and government entities Region 3; U.S. Department of project will document our findings on interested in and/or potentially affected Transportation, Pipeline and Hazardous the impacts on historic properties and by the planned project. Materials Safety Administration; West summarize the status of consultations Copies of the completed draft EIS will Virginia Department of Natural under section 106. be sent to the environmental mailing list Resources; and West Virginia for public review and comment. If you Currently Identified Environmental Department of Environmental Protection would prefer to receive a paper copy of Issues expressed their intention to participate the document instead of the CD version as cooperating agencies in the We have already identified several or would like to remove your name from preparation of the EIS. issues that we think deserve attention in the mailing list, please return the The EIS will present our independent the EIS, from our preliminary review of attached Information Request (appendix analysis of the issues. We will publish the planned facilities, environmental 2). and distribute a draft EIS for public information provided by Mountain Becoming an Intervenor comment. After the comment period, we Valley, and comments by stakeholders. will consider all timely comments and This preliminary list of issues may Once Mountain Valley files its formal revise the document, as necessary, change based on your comments and application with the Commission, you before issuing a final EIS. our further analyses. These issues may want to become an ‘‘intervenor’’ include: which is an official party to the Proposed Actions of the USFS • Karst terrain, sinkholes, and caves; Commission’s proceeding. Intervenors The USFS is participating as a • Domestic water sources, wells, play a more formal role in the process cooperating agency because the MVP springs, and waterbodies; and are able to file briefs, appear at Project would cross the Jefferson • Forested areas; hearings, and be heard by the courts if • National Forest in West Virginia and Federally-listed threatened and they choose to appeal the Commission’s Virginia. As a cooperating agency, the endangered species, including mussels final ruling. An intervenor formally USFS intends to adopt the EIS per Tile and bats; participates in the proceeding by filing • 40 Code of Federal Regulations Part National Register of Historic Places a request to intervene. Instructions for 1506.3 to meet its responsibilities under listed Rural Historic Districts and other becoming an intervenor are in the User’s historic properties; Guide under the e-filing link on the the NEPA regarding Mountain Valley’s • planned application to the USFS for a Appalachian Trail, Blue Ridge Commission’s Web site. Please note that Parkway, and other scenic by-ways; the Commission will not accept requests Right-of-Way Grant and Temporary Use • Permit for crossing federally Residential developments and for intervenor status during the pre- property values; filing process. You must wait until the administered lands. The USFS • additionally will assess how the Tourism and recreation; Commission receives a formal • Local infrastructure and emergency planned pipeline conforms to the application for the project from response systems; directions contained in the Jefferson Mountain Valley, and the FERC issues • Public safety; a Notice of Application. National Forest’s Land and Resource • Operational noise from planned Management Plan (LRMP). Changes in compressor stations; and Additional Information the LRMP could be required if the • Alternatives and their potential Additional information about the pipeline is authorized across the impacts on a range of resources. project is available from the National Forest. The EIS will provide Environmental Mailing List Commission’s Office of External Affairs, the documentation to support any at (866) 208–FERC, or on the FERC Web needed amendments to the LRMP. The environmental mailing list site (www.ferc.gov) using the eLibrary Consultations Under Section 106 of the includes federal, state, and local link. Click on the eLibrary link, click on National Historic Preservation Act government representatives and General Search, and enter the docket agencies; elected officials; In accordance with the Advisory number, excluding the last three digits environmental and public interest in the Docket Number field (i.e., PF15– Council on Historic Preservation’s groups; Indian tribes and Native implementing regulations for section 3). Be sure you have selected an American organizations; other appropriate date range. For assistance, 106 of the National Historic interested parties; and local libraries Preservation Act, we are using this please contact FERC Online Support at and newspapers. This list also includes [email protected] or toll free notice to initiate consultation with the all affected landowners (as defined in applicable State Historic Preservation at (866) 208–3676, or for TTY, contact the Commission’s regulations) who are (202) 502–8659. The eLibrary link also Offices, and to solicit their views and potential right-of-way grantors, whose those of other government agencies, provides access to the texts of formal property may be used temporarily for documents issued by the Commission, interested Indian tribes, and the public project purposes, or who own homes on the project’s potential effects on such as orders, notices, and historic properties.5 We will define the rulemakings. Regulations, Part 800. Those regulations define In addition, the Commission offers a historic properties as any prehistoric or historic 5 The Advisory Council on Historic Preservation district, site, building, structure, or object included free service called eSubscription which implementing regulations for the National Historic in or eligible for inclusion in the National Register allows you to keep track of all formal Preservation Act are at Title 36, Code of Federal of Historic Places. issuances and submittals in specific
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dockets. This can reduce the amount of within 90 days of this Notice, the project should submit an original and time you spend researching proceedings Commission staff will either: complete two copies of their comments to the by automatically providing you with its environmental assessment (EA) and Secretary of the Commission. notification of these filings, document place it into the Commission’s public Environmental commentors will be summaries, and direct links to the record (eLibrary) for this proceeding; or placed on the Commission’s documents. Go to www.ferc.gov/docs- issue a Notice of Schedule for environmental mailing list, will receive filing/esubscription.asp. Environmental Review. If a Notice of copies of the environmental documents, Finally, public meetings or site visits Schedule for Environmental Review is and will be notified of meetings will be posted on the Commission’s issued, it will indicate, among other associated with the Commission’s calendar located at www.ferc.gov/ milestones, the anticipated date for the environmental review process. EventCalendar/EventsList.aspx along Commission staff’s issuance of the final Environmental commentors will not be with other related information. environmental impact statement (FEIS) required to serve copies of filed Dated: April 17, 2015. or EA for this proposal. The filing of the documents on all other parties. EA in the Commission’s public record Kimberly D. Bose, However, the non-party commentors for this proceeding or the issuance of a will not receive copies of all documents Secretary. Notice of Schedule for Environmental filed by other parties or issued by the [FR Doc. 2015–09748 Filed 4–27–15; 8:45 am] Review will serve to notify federal and Commission (except for the mailing of BILLING CODE 6717–01–P state agencies of the timing for the environmental documents issued by the completion of all necessary reviews, and Commission) and will not have the right the subsequent need to complete all DEPARTMENT OF ENERGY to seek court review of the federal authorizations within 90 days of Commission’s final order. the date of issuance of the Commission Federal Energy Regulatory The Commission strongly encourages staff’s FEIS or EA. Commission electronic filings of comments, protests There are two ways to become and interventions in lieu of paper using [Docket Nos. CP15–169–000] involved in the Commission’s review of the ‘‘eFiling’’ link at http:// this project. First, any person wishing to www.ferc.gov. Persons unable to file Transcontinental Gas Pipe Line obtain legal status by becoming a party Company, LLC; Notice of Application electronically should submit an original to the proceedings for this project and 5 copies of the protest or should, on or before the comment date intervention to the Federal Energy Take notice that on April 13, 2015, stated below file with the Federal regulatory Commission, 888 First Street Transcontinental Gas Pipe Line Energy Regulatory Commission, 888 NE., Washington, DC 20426. Company LLC (Transco), 2800 Post Oak First Street NE., Washington, DC 20426, Boulevard, Houston, Texas 77056, filed a motion to intervene in accordance Comment Date: April 24, 2015. in the above referenced docket an with the requirements of the Dated: April 14, 2015. application pursuant to section 7(c) of Commission’s Rules of Practice and Kimberly D. Bose, the Natural Gas Act (NGA), to amend Procedure (18 CFR 385.214 or 385.211) Secretary. the certificate of public convenience and the Regulations under the NGA (18 and necessity granted by the [FR Doc. 2015–09838 Filed 4–27–15; 8:45 am] CFR 157.10). A person obtaining party BILLING CODE 6717–01–P Commission by order issued on March status will be placed on the service list 19, 2015 in the reference proceeding, maintained by the Secretary of the which order authorized Transco’s Rock Commission and will receive copies of DEPARTMENT OF ENERGY Spring Expansion Project (Project). The all documents filed by the applicant and amendment seeks authorization to by all other parties. A party must submit Western Area Power Administration amend the Project’s certificate to five copies of filings made in the incorporate a minor route modification proceeding with the Commission and Interconnection of the Grande Prairie of approximately 0.69 miles in must mail a copy to the applicant and Wind Farm, Holt County, Nebraska Lancaster County, Pennsylvania, all as to every other party. Only parties to the (DOE/EIS–0485) more fully set forth in the application proceeding can ask for court review of which is on file with the Commission Commission orders in the proceeding. AGENCY: Western Area Power and open to public inspection. The However, a person does not have to Administration, Department of Energy. filing is available for review at the intervene in order to have comments ACTION: Record of Decision. Commission in the Public Reference considered. The second way to Room or may be viewed on the participate is by filing with the SUMMARY: Western Area Power Commission’s Web site web at http:// Secretary of the Commission, as soon as Administration (Western) received a www.ferc.gov using the ‘‘eLibrary’’ link. possible, an original and two copies of request from Grande Prairie Wind, LLC Enter the docket number excluding the comments in support of or in opposition (Grande Prairie Wind), a subsidiary of last three digits in the docket number to this project. The Commission will Geronimo Wind Energy, LLC d.b.a. field to access the document. For consider these comments in Geronimo Energy, LLC to interconnect assistance, contact FERC at determining the appropriate action to be their proposed Grande Prairie Wind [email protected] or call taken, but the filing of a comment alone Farm (Project) to Western’s power toll-free, (886) 208–3676 or TYY, (202) will not serve to make the filer a party transmission system. The proposed 502–8659. to the proceeding. The Commission’s interconnection point would be on Any questions concerning this rules require that persons filing Western’s existing Fort Thompson to application may be directed to Bill comments in opposition to the project Grand Island 345-kilovolt (kV) Hammons, P.O. Box 1396, Houston, provide copies of their protests only to transmission line, approximately seven Texas 77251, by telephone at (713) 215– the party or parties directly involved in miles east of the town of O’Neill in Holt 2130. the protest. County, Nebraska. The Project would be Pursuant to section 157.9 of the Persons who wish to comment only built on private and State cropland and Commission’s rules (18 CFR 157.9), on the environmental review of this pasture.
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On January 16, 2015, the Notice of proposed Project would interconnect to the EPA published a NOA of the Final Availability (NOA) of the Final Western’s 345-kV Fort Thompson to EIS for the Project in the Federal Environmental Impact Statement (EIS) Grand Island transmission line at a new Register (80 FR 2414).1 for the Interconnection of the Grande switchyard constructed, owned and Each official notification published in Prairie Wind Farm, Holt County, operated by Western. The Project area the Federal Register was accompanied Nebraska (DOE/EIS–0485) was would occupy approximately 54,250 concurrently by direct mailings of published in the Federal Register (80 acres in portions of Willowdale, notices to State and Federal agencies, FR 2414). After considering the Antelope, Grattan, Iowa, Scott, and Steel Tribal governments, landholders and environmental impacts, Western has Creek Townships. Grande Prairie Wind interested parties, and widely decided to execute an interconnection proposes to build up to 266 wind distributed local notices and agreement with Grande Prairie Wind to turbines, up to 85 miles of access roads, advertisements. interconnect the proposed Project to an underground electrical power Western’s transmission system and to collection system, collector substations, Mitigation construct, own, and operate a new a step-up substation, a 14-mile overhead The design features, best management switchyard adjacent to its Fort transmission line, meteorological practices (BMPs), and avoidance and Thompson to Grand Island 345-kV towers, maintenance buildings, and minimization measures are considered transmission line to accommodate that other associated ancillary facilities. an integral part of the proposed Project interconnection. Grande Prairie Wind proposes to begin to be implemented by Grande Prairie construction as early as spring 2015. FOR FURTHER INFORMATION CONTACT: For Wind as requirements of their The life of the Project is anticipated to further information, please contact Mr. agreements with their construction be a minimum of 20 years. Rod O’Sullivan, Western Area Power contractors. These design features, Administration, P.O. Box 281213, Description of Alternatives BMPs, and avoidance and minimization Lakewood, CO 80228–8213, telephone Under its Proposed Action measures described in detail in the (720) 962–7260, fax (720) 962–7263, or Alternative, Western would execute an Final EIS reflect all practicable means to email: [email protected]. For general interconnection agreement with Grande avoid or minimize environmental harm information on DOE’s National Prairie Wind to interconnect their from Grande Prairie Wind’s Project and Environmental Policy Act (NEPA) proposed Project to Western’s Western’s proposed action. review process, please contact Carol M. transmission system and to construct, Each resource section in the Final EIS Borgstrom, Director, Office of NEPA own, and operate a new switchyard provides specific mitigation measures to Policy and Compliance, GC–54, U.S. adjacent to its Fort Thompson to Grand address potential impacts of the Department of Energy, Washington, DC Island 345-kV transmission line to proposed Project on that resource and 20585, telephone (202) 586–4600 or accommodate that interconnection. can be reviewed in detail in chapter 4 (800) 472–2756, or email: askNEPA@ Grande Prairie Wind would construct of the Final EIS. Western’s decision to hq.doe.gov. and operate the 400–MW Project execute an interconnection agreement SUPPLEMENTARY INFORMATION: Western is northeast of O’Neill in Holt County, considers Grande Prairie Wind’s a Federal agency under the U.S. Nebraska. commitments to implement these design Department of Energy (DOE) that Under the No Action Alternative, features, BMPs, and avoidance and markets and transmits wholesale Western would not enter into an minimization measures, along with the electrical power through an integrated interconnection agreement and would attendant reduction in environmental 17,000-circuit mile, high-voltage not construct a switchyard for the impacts that would result from their transmission system across 15 central proposed Project interconnection. implementation. A Mitigation Action and western states. Western’s Open Although Grande Prairie Wind could Plan is not required for Western’s Access Transmission Service Tariff still construct and operate their Project, proposed action. the wind farm would need to rely on (Tariff) provides open access to its Endangered Species Act electric transmission system. different means of power transmission. Considering the requester’s objectives, For purposes of the NEPA analysis, the Section 7(a)(2) of the Endangered Western provides transmission services No Action Alternative assumed the Species Act of 1973, as amended (16 if there is sufficient available capacity proposed Project would not be built. United States Code [U.S.C.] 1531 et seq.) and the reliability of the transmission Western has identified the No Action requires Federal agencies to consult system is maintained. alternative as its environmentally with the U.S. Fish and Wildlife Service preferred alternative as there would (USFWS) on their Federal actions and Proposed Federal Action likely be no new impacts. Grande how they may affect federally listed Western’s Proposed Federal Action is Prairie Wind’s objectives relating to threatened or endangered species. to execute an interconnection agreement renewable energy development would Western requested concurrence with with Grande Prairie Wind to not be met. their Biological Assessment, Formal interconnect the proposed Project to Public Involvement Conferencing on the Project’s effects on Western’s transmission system and to Northern Long Eared Bat, and Formal construct, own, and operate a new The public and interested parties Consultation on the Project’s effects on switchyard adjacent to its Fort were notified of the proposed Project the American Burying Beetle by letter Thompson to Grand Island 345-kV and public comment opportunity on October 1, 2014. Subsequently, the transmission line to accommodate that through a Notice of Intent published in USFWS issued its Biological Opinion on interconnection. the Federal Register on April 16, 2012 March 24, 2015, and a separate (77 FR 22569). The U.S. Environmental Grande Prairie Wind’s Proposed Project Conferencing Opinion on March 30, Protection Agency (EPA) published a 2015. Grande Prairie Wind proposes to NOA of the Draft EIS in the Federal construct and operate a 400-megawatt Register on June 20, 2014 (79 FR 35346). 1 The Final EIS can be found on Western’s Web (MW) wind energy generation facility in The public comment period closed on site at: http://www.wapa.gov/ugp/Environment/ Holt County in northern Nebraska. The August, 4, 2014. On January 16, 2015, documents/FEIS_GrandePrairie_2014-12-29.pdf.
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National Historic Preservation Act ENVIRONMENTAL PROTECTION 7408–M, Environmental Protection AGENCY Agency, 1200 Pennsylvania Ave. NW., Final cultural resource reports and Washington, DC 20460; telephone effects determination were sent to the [EPA–HQ–OPPT–2013–0811; FRL 9926–56– OEI] number: 202–554–1404; fax number: Nebraska State Historical Preservation 202–564–8251; email address: TSCA- Officer (SHPO) and were subsequently Information Collection Request [email protected]. approved. A Memorandum of Submitted to OMB for Review and SUPPLEMENTARY INFORMATION: Agreement addressing effects to Approval; Comment Request; Docket: Supporting documents, properties on or eligible for listing on Residential Lead-Based Paint Hazard including the ICR that explains in detail the National Register of Historic Places Disclosure Requirements (Renewal) the information collection activities and for the preservation of eligible the related burden and cost estimates properties was signed by Grand Prairie AGENCY: Environmental Protection that are summarized in this document, Wind, the SHPO, and Western on March Agency (EPA). are available in the docket for this ICR. 25, 2015, in compliance with the ACTION: Notice. The docket can be viewed online at National Historic Preservation Act. http://www.regulations.gov or in person SUMMARY: EPA has submitted the at the EPA Docket Center, West William following information collection request Comments on the Final EIS Jefferson Clinton Bldg., Rm. 3334, 1301 (ICR) to the Office of Management and Constitution Ave. NW., Washington, One comment was received by the Budget (OMB) for review and approval DC. The telephone number for the U.S. Environmental Protection Agency in accordance with the Paperwork Docket Center is (202) 566–1744. For (EPA). In their February 17, 2015, letter, Reduction Act (PRA): ‘‘Residential additional information about EPA’s EPA recommended additional Lead-Based Paint Hazard Disclosure public docket, visit http://www.epa.gov/ alternatives be considered in Western’s Requirements (Renewal),’’ identified by dockets. future NEPA documents. EPA ICR No. 1710.07 and OMB Control ICR status: This ICR is currently No. 2070–0151. The ICR, which is scheduled to expire on April 30, 2015. Decision available in the docket along with other Under OMB regulations, the Agency related materials, provides a detailed Western’s decision is to execute an may continue to conduct or sponsor the explanation of the collection activities interconnection agreement with Grande collection of information while this and the burden estimate that is briefly Prairie Wind to interconnect their submission is pending at OMB. summarized in this document. EPA did proposed Project to Western’s Under PRA, 44 U.S.C. 3501 et seq., an not receive any comments in response transmission system and to construct, agency may not conduct or sponsor, and to the previously provided public own, and operate a new switchyard a person is not required to respond to, review opportunity issued in the adjacent to its Fort Thompson to Grand a collection of information, unless it Federal Register on July 24, 2014 (79 FR Island 345-kV transmission line to displays a currently valid OMB control 71603). With this submission, EPA is accommodate that interconnection.2 number. The OMB control numbers are providing an additional 30 days for displayed either by publication in the Western’s decision to grant this public review. interconnection request satisfies the Federal Register or by other appropriate DATES: agency’s statutory mission and Grande Comments must be received on means, such as on the related collection or before May 28, 2015. Prairie Wind’s objectives while instrument or form, if applicable. The minimizing harm to the environment. ADDRESSES: Submit your comments, display of OMB control numbers for Full implementation of this decision is identified by docket identification (ID) certain EPA regulations is consolidated contingent upon Grande Prairie Wind’s number EPA–HQ–OPPT–2013–0811, to in 40 CFR part 9. obtaining all other applicable permits both EPA and OMB as follows: Abstract: Section 1018 of the • To EPA online using http://www. and approvals as well as executing an Residential Lead Based Paint Hazard regulations.gov (our preferred method) interconnection agreement in Reduction Act (42 U.S.C. 4852d) or by mail to: EPA Docket Center, accordance with Western’s Tariff. This requires that sellers and lessors of most Environmental Protection Agency, Mail residential housing built before 1978 decision is based on the information Code 28221T, 1200 Pennsylvania Ave. contained in the Interconnection of the disclose known information on the NW., Washington, DC 20460. presence of lead based paint and lead Grande Prairie Wind Farm Final EIS. • To OMB via email to oira_ based paint hazards, and provide an This ROD was prepared pursuant to the [email protected]. Address EPA approved pamphlet to purchasers requirements of the Council on comments to OMB Desk Officer for EPA. and renters before selling or leasing the Environmental Quality Regulations for EPA’s policy is that all comments housing. Sellers of pre-1978 housing are Implementing the Procedural Provisions received will be included in the docket also required to provide prospective of the NEPA (40 CFR parts 1500–1508) without change, including any personal purchasers with ten days to conduct an and DOE’s NEPA Implementing information provided, unless the inspection or risk assessment for lead Procedures (10 CFR part 1021). comment includes profanity, threats, based paint hazards before obligating Dated: April 20, 2015. information claimed to be Confidential purchasers under contracts to purchase Business Information (CBI), or other Mark A. Gabriel, the property. The rule does not apply to information whose disclosure is rental housing that has been found to be Administrator. restricted by statute. Do not submit free of lead-based paint, zero-bedroom [FR Doc. 2015–09938 Filed 4–27–15; 8:45 am] electronically any information you dwellings, housing for the elderly, BILLING CODE 6450–01–P consider to be CBI or other information housing for the handicapped, or short whose disclosure is restricted by statute. term leases. 2 On November 16, 2011, DOE’s Acting General FOR FURTHER INFORMATION CONTACT: Responses to the collection of Counsel restated the delegations to Western’s Administrator of all the authorities of the General Colby Lintner, Environmental information are mandatory (see 40 CFR Counsel respecting Environmental Impact Assistance Division, Office of Pollution part 745, subpart F, and 24 CFR part 35, Statements. Prevention and Toxics, Mail code: subpart H). Respondents may claim all
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or part of a response confidential. EPA SUMMARY: The Environmental Protection Washington, DC. The telephone number will disclose information that is covered Agency has submitted a new for the Docket Center is 202–566–1744. by a claim of confidentiality only to the information collection request (ICR), For additional information about EPA’s extent permitted by, and in accordance ‘‘Lead-Based Paint Pre-Renovation public docket, visit http://www.epa.gov/ with, the procedures in TSCA section 14 Information Dissemination (Renewal)’’ dockets. and 40 CFR part 2. (EPA ICR No. 1669.07, OMB Control No. Abstract: This information collection Form Numbers: None. 2070–0158) to the Office of Management involves third-party notification to Respondents/affected entities: and Budget (OMB) for review and owners and occupants of housing that Persons engaged in selling or leasing approval in accordance with the will inform such individuals about the certain residential dwellings built before Paperwork Reduction Act (44 U.S.C. dangers of lead-contaminated dust and 1978, or who are real estate agents 3501 et seq.). This is a proposed lead-based paint debris that are representing such parties. extension of the ICR, which is currently sometimes generated during renovations Respondent’s obligation to respond: approved through April 30, 2015. Public of housing where lead-based paint is Mandatory. comments were previously requested present, thereby aiding them in avoiding Estimated number of respondents: via the Federal Register (79 FR 78084) potentially hazardous exposures and 39,645,600. on December 29, 2014, during a 60-day protecting public health. Since young Frequency of response: On occasion. comment period. This notice allows for children are especially susceptible to Total estimated burden: 6,467,176 an additional 30 days for public the hazards of lead, owners and hours per year. Burden is defined at 5 comments. A full description of the ICR occupants with children can take action CFR 1320.03(b). is given below, including its estimated to protect their children from lead Total estimated cost: $125,683,576 burden and cost to the public. An poisonings. Section 406(b) of the Toxic per year, includes $0 annualized capital agency may not conduct or sponsor and Substances Control Act (TSCA) requires or operation and maintenance costs. a person is not required to respond to EPA to promulgate regulations requiring Changes in the estimates: There is a a collection of information unless it certain persons who perform decrease of 470,154 hours in the total displays a currently valid OMB control renovations for compensation on target estimated respondent burden compared number. housing to provide a lead hazard with that identified in the ICR currently DATES: Additional comments may be information pamphlet (developed under approved by OMB. This decrease submitted on or before May 28, 2015. TSCA section 406(a)) to the owner and reflects a gradual reduction in the ADDRESSES: Submit your comments, occupants of such housing prior to annual number of real estate sales referencing Docket ID Number EPA– beginning the renovation. Further, the involving target housing subject to the HQ–OPPT–2014–0486, to (1) EPA firm performing the renovation must rule’s requirements and an overall online using http://www.regulations.gov keep records acknowledging receipt of decrease in real estate sales. There has (our preferred method), by email to the pamphlet on file for three years after also been a notable decrease in the [email protected], or by mail to: EPA completion of work. Those who fail to overall growth of the real estate agent Docket Center, Environmental provide the pamphlet or keep records as profession which reduces the number of Protection Agency, Mail Code 28221T, required may be subject to both civil new entrants who have start-up burden 1200 Pennsylvania Ave. NW., and criminal sanctions. and cost related to this ICR activity. Washington, DC 20460, and (2) OMB via Responses to the collection of While the number of property rentals email to [email protected]. information are mandatory (see 40 CFR increased over the past year, fewer Address comments to OMB Desk Officer part 745, subpart E). Respondents may parties are involved in those for EPA. transactions so the increases in the EPA’s policy is that all comments claim all or part of a response rental market were not enough to offset received will be included in the public confidential. EPA will disclose the decrease in the sales market in terms docket without change including any information that is covered by a claim of burden and cost related to this ICR. personal information provided, unless of confidentiality only to the extent permitted by, and in accordance with, Authority: 44 U.S.C. 3501 et seq. the comment includes profanity, threats, information claimed to be Confidential the procedures in TSCA section 14 and Courtney Kerwin, Business Information (CBI) or other 40 CFR part 2. Acting Director, Collection Strategies information whose disclosure is Form Numbers: None. Division. restricted by statute. Respondents/affected entities: Certain [FR Doc. 2015–09847 Filed 4–27–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: persons performing renovations of target BILLING CODE 6560–50–P Colby Lintner, Environmental housing, constructed prior to 1978, for Assistance Division, Office of Pollution compensation. Prevention and Toxics, Mail code: ENVIRONMENTAL PROTECTION Respondent’s obligation to respond: 7408–M, Environmental Protection AGENCY Mandatory. Agency, 1200 Pennsylvania Ave. NW., [EPA–HQ–OPPT–2014–0486; FRL 9926–20– Washington, DC 20460; telephone Estimated number of respondents: OEI] number: 202–554–1404; email address: 320,504 (total). [email protected]. Frequency of response: On occasion. Information Collection Request SUPPLEMENTARY INFORMATION: Total estimated burden: 2,577,280 Submitted to OMB for Review and Supporting documents, which explain Approval; Comment Request; Lead- hours per year. Burden is defined at 5 in detail the information that the EPA CFR 1320.03(b). Based Paint Pre-Renovation will be collecting, are available in the Information Dissemination (Renewal) public docket for this ICR. The docket Total estimated cost: $140,498,539 can be viewed online at http:// per year, includes $0 annualized capital AGENCY: Environmental Protection or operation and maintenance costs. Agency (EPA). www.regulations.gov or in person at the EPA Docket Center, WJC West, Room Changes in the Estimates: There is no ACTION: Notice. 3334, 1301 Constitution Ave. NW., change in the total estimated respondent
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burden compared with that identified in I. General Information public water system managers in the ICR currently approved by OMB. a. How may I participate in this achieving public health goals. A health advisory is not a legally enforceable Courtney Kerwin, meeting/webinar? Persons wishing to attend the meeting in person or online standard under the Safe Drinking Water Acting Director, Collection Strategies Act. Division. via the webinar must register in advance no later than 5:00 p.m., Eastern Daylight The focus of this public meeting is to [FR Doc. 2015–09846 Filed 4–27–15; 8:45 am] gather input on additional information BILLING CODE 6560–50–P Savings Time, on May 8, 2015. To register, go online to Eventbrite at the Agency can provide to states and http://us-epa-cyanotoxins-drinking- public water systems to help them prepare for and respond to potential ENVIRONMENTAL PROTECTION water-public-meeting.eventbrite.com. cyanotoxin health concerns in drinking AGENCY Teleconferencing will be available for individuals participating via the water. [FRL9926–89–OW] webinar. The number of seats and Dated: April 20, 2015. webinar connections available for the Notice of a Public Meeting and Peter Grevatt, meeting is limited and will be available Webinar: Input on Potential Actions To Director, Office of Ground Water and Drinking on a first-come, first-served basis. Early Prepare for and Respond to Water. registration is strongly encouraged to Cyanotoxins in Drinking Water [FR Doc. 2015–09891 Filed 4–27–15; 8:45 am] ensure proper accommodations. EPA BILLING CODE 6560–50–P AGENCY: Environmental Protection will do its best to include all those Agency (EPA). interested in either meeting in person or ACTION: Notice of a public meeting. via the webinar. ENVIRONMENTAL PROTECTION b. How can I get a copy of the AGENCY SUMMARY: The U.S. Environmental meeting/webinar materials? Prior to the Protection Agency (EPA) announces an public meeting, the meeting materials [EPA–HQ–OA–2007–0706; FRL–9924–59– opportunity for public input on will be sent by email to the registered OEI] potential actions states and public water attendees; copies will also be available systems can take to prepare for and for attendees at the meeting. For persons Information Collection Request respond to cyanotoxin health risks in unable to attend the meeting, please Submitted to OMB for Review and drinking water. The Agency is holding contact Jini Mohanty at mohanty.jini@ Approval; Comment Request; State a public meeting for interested parties to epa.gov to request meeting materials. Small Business Stationary Source provide input either in person or online c. Special Accommodations: Technical and Environmental via a webinar. EPA is preparing Individuals with disabilities who wish Compliance Assistance Programs Cyanotoxin Health Advisories and seeks to attend the meeting in person can (SBTCP) Annual Reporting Form to engage with stakeholders on other request special accommodations by (Renewal) information the Agency can provide to contacting Jini Mohanty at best support states and public water [email protected] no later than May AGENCY: Environmental Protection systems in addressing cyanotoxin public 8, 2015. Agency (EPA). ACTION: Notice. health concerns in drinking water. II. Background DATES: The public meeting will be held Cyanobacteria are naturally occurring SUMMARY: The Environmental Protection on May 11, 2015, from 10:00 a.m. to Agency has submitted an information 5:00 p.m., Eastern Daylight Savings organisms similar to algae. These organisms can occur in fresh water and collection request (ICR), ‘‘State Small Time. Registration and check-in begins Business Stationary Source Technical at 9:30 a.m. Persons wishing to attend may rapidly multiply causing ‘‘blooms’’ under favorable conditions. Conditions and Environmental Compliance the meeting in person or online via Assistance Programs (SBTCP) Annual webinar must register by May 8, 2015, that enhance bloom formation and persistence include light intensity and Reporting Form (Renewal)’’ (EPA ICR as described in the SUPPLEMENTARY No. 1748.10, OMB Control No. 2060– INFORMATION section. duration, nutrient availability (such as nitrogen and phosphorus), water 0337) to the Office of Management and ADDRESSES: The public meeting will be temperature, pH and water column Budget (OMB) for review and approval held at Potomac Yard South Building, stability. Some blooms produce in accordance with the Paperwork 1st Floor Conference Center (One cyanotoxins such as microcystin, Reduction Act (44 U.S.C. 3501 et seq.). Potomac Yard, 2777 S. Crystal Drive, cylindrospermopsin and anatoxin-a, This is a proposed extension of the ICR, Arlington, VA 22202). All attendees which can be a health concern. For which is currently approved through must show government-issued photo additional background information on May 31, 2015. Public comments were identification (e.g., a driver’s license) cyanotoxins in drinking water, please go previously requested via the Federal when signing in. Please arrive at least 15 to: http://www2.epa.gov/sites/ Register (79 FR 73576) on December 11, minutes early to allow time to clear production/files/2014-08/documents/ 2014 during a 60-day comment period. security. This meeting will also be cyanobacteria_factsheet.pdf. This notice allows for an additional 30 simultaneously broadcast as a webinar, EPA is developing health advisories days for public comments. A fuller available on the Internet. for two cyanotoxins: microcystin and description of the ICR is given below, FOR FURTHER INFORMATION CONTACT: cylindrospermopsin. A health advisory including its estimated burden and cost Members of the public who wish to is an estimate of acceptable drinking to the public. An Agency may not receive further information about the water levels for a contaminant based on conduct or sponsor and a person is not public meeting or have questions about health effects and other information, required to respond to a collection of this notice should contact Hannah and also provides recommended information unless it displays a Holsinger at (202) 564–0403 or analytical and treatment techniques. currently valid OMB control number. [email protected]. Health advisories are intended to assist DATES: Additional comments may be SUPPLEMENTARY INFORMATION: federal, state, and local officials and submitted on or before May 28, 2015.
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ADDRESSES: Submit your comments, as amended in 1990, Public Law 101– and accompanying material are referencing Docket ID Number EPA– 549, November 15, 1990. Information available in the docket for public review HQ–OA–2007–0706, to (1) EPA online that is collected is aggregated and is not and comment. using www.regulations.gov (our of a confidential nature. None of the DATES: Comments must be received on preferred method), by email to information collected by this action or before June 29, 2015. [email protected], or by mail to: EPA results in/or requests sensitive Docket Center, Environmental information of any nature from the ADDRESSES: Submit your comments, Protection Agency, Mail Code 28221T, states. identified by docket identification (ID) 1200 Pennsylvania Ave. NW., Form Numbers: 6500–03. number EPA–HQ–OPPT–2014–0735, by Washington, DC 20460, and (2) OMB via Respondents/affected entities: State one of the following methods: • email to [email protected]. and/or state appointed entities of the Federal eRulemaking Portal: http:// Address comments to OMB Desk Officer 507 program. www.regulations.gov. Follow the online for EPA. Respondent’s obligation to respond: instructions for submitting comments. EPA’s policy is that all comments Mandatory (section 507, parts (a), (d) Do not submit electronically any received will be included in the public and (e)). information you consider to be docket without change including any Estimated number of respondents: 53 Confidential Business Information (CBI) personal information provided, unless (total). or other information whose disclosure is the comment includes profanity, threats, Frequency of response: Annual. restricted by statute. information claimed to be Confidential Total estimated burden: 2,120 hours • Mail: Document Control Office Business Information (CBI) or other (per year). Burden is defined at 5 CFR (7407M), Office of Pollution Prevention information whose disclosure is 1320.03(b). and Toxics (OPPT), Environmental restricted by statute. Total estimated cost: $112,106 (per Protection Agency, 1200 Pennsylvania FOR FURTHER INFORMATION CONTACT: year), includes $0 annualized capital or Ave. NW., Washington, DC 20460–0001. • Paula Hoag, Office of Small Business operation & maintenance costs. Hand Delivery: To make special Programs, (1230A), Environmental Changes in the Estimates: There is no arrangements for hand delivery or Protection Agency, 1200 Pennsylvania change of hours in the total estimated delivery of boxed information, please Ave. NW., Washington, DC 20460; respondent burden compared with the follow the instructions at http:// telephone number: 202–566–2496; fax ICR currently approved by OMB. www.epa.gov/dockets/contacts.html. Additional instructions on commenting number 202–566–0266; email address: Courtney Kerwin, [email protected]. or visiting the docket, along with more Acting Director, Collection Strategies information about dockets generally, is SUPPLEMENTARY INFORMATION: Division. Supporting documents which explain in available at http://www.epa.gov/ [FR Doc. 2015–09853 Filed 4–27–15; 8:45 am] dockets. detail the information that the EPA will BILLING CODE 6560–50–P be collecting are available in the public FOR FURTHER INFORMATION CONTACT: For docket for this ICR. The docket can be technical information contact: Greg viewed online at www.regulations.gov ENVIRONMENTAL PROTECTION Schweer, Chemical Control Division or in person at the EPA Docket Center, AGENCY (7405M), Office of Pollution Prevention WJC West, Room 3334, 1301 [EPA–HQ–OPPT–2014–0735; FRL–9924–76] and Toxics, Environmental Protection Constitution Ave. NW., Washington, Agency, 1200 Pennsylvania Ave. NW., DC. The telephone number for the Agency Information Collection Washington, DC 20460–0001; telephone Docket Center is 202–566–1744. For Activities; Proposed Collection; number: (202) 564–8469; email address: additional information about EPA’s Comment Request [email protected]. public docket, visit http://www.epa.gov/ For general information contact: The dockets. AGENCY: Environmental Protection TSCA-Hotline, ABVI-Goodwill, 422 Abstract: As part of the Clean Air Act Agency (EPA). South Clinton Ave., Rochester, NY Amendments of 1990, the U.S. Congress ACTION: Notice. 14620; telephone number: (202) 554– required that each state establish a 1404; email address: TSCA-Hotline@ Small Business Stationary Source SUMMARY: In compliance with the epa.gov. Technical and Environmental Paperwork Reduction Act (PRA), this Compliance Assistance Program to document announces that EPA is SUPPLEMENTARY INFORMATION: assist small business in compliance planning to submit an Information I. What information is EPA particularly with the Act. These programs are Collection Request (ICR) to the Office of interested in? generally known as Small Business Management and Budget (OMB). The Environmental Assistance Programs ICR, entitled: ‘‘Pre-Manufacture Review Pursuant to PRA section 3506(c)(2)(A) (SBEAPs). EPA’s Small Business Reporting and Exemption Requirements (44 U.S.C. 3506(c)(2)(A)), EPA Ombudsman must oversee the overall for New Chemical Substances and specifically solicits comments and 507 program and be able to provide the Significant New Use Reporting information to enable it to: Congress with periodical reports on the Requirements for Chemical Substances’’ 1. Evaluate whether the proposed effectiveness, difficulties encountered and identified by EPA ICR No. 0574.17 collection of information is necessary and other relevant information about the and OMB Control No. 2070–0012, for the proper performance of the program. Each state will submit represents the renewal of an existing functions of the Agency, including requested information to EPA for ICR that is scheduled to expire on whether the information will have compilation and summarization. This December 31, 2015. Before submitting practical utility. collection of information will assist the the ICR to OMB for review and 2. Evaluate the accuracy of the EPA Ombudsman with its requirement approval, EPA is soliciting comments on Agency’s estimates of the burden of the to monitor the effectiveness of small specific aspects of the proposed proposed collection of information, businesses as authorized under section information collection that is including the validity of the 507(a), (d) and (e) of the Clean Air Act summarized in this document. The ICR methodology and assumptions used.
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3. Enhance the quality, utility, and chemicals that may present an III. Are there changes in the estimates clarity of the information to be unreasonable risk to human health or from the last approval? collected. the environment if used in a manner There is a decrease of 14,316 hours in 4. Minimize the burden of the that may result in different and/or the total estimated respondent burden collection of information on those who higher exposures of a chemical to compared with that identified in the ICR are to respond, including through the humans or the environment. Once a use currently approved by OMB. This use of appropriate automated electronic, is determined to be a significant new decrease reflects EPA’s revision of the mechanical, or other technological use, persons must submit a notice to expected number of annual collection techniques or other forms of EPA 90 days before beginning submissions, from 2,126 to 1,907, with information technology, e.g., permitting manufacture or processing of a chemical a corresponding decrease in the electronic submission of responses. In substance for that use. Such a notice associated burden. This change is an particular, EPA is requesting comments allows EPA to receive and review adjustment. from very small businesses (those that information on such a use and, if employ less than 25) on examples of necessary, regulate the use before it IV. What is the next step in the process specific additional efforts that EPA occurs. Finally, TSCA section 5 also for this ICR? could make to reduce the paperwork permits applications for exemption from EPA will consider the comments burden for very small businesses section 5 review under certain received and amend the ICR as affected by this collection. circumstances. An applicant must appropriate. The final ICR package will II. What information collection activity provide information sufficient for EPA then be submitted to OMB for review or ICR does this action apply to? to make a determination that the and approval pursuant to 5 CFR circumstances in question qualify for an 1320.12. EPA will issue another Federal Title: Pre-Manufacture Review exemption. In granting an exemption, Register document pursuant to 5 CFR Reporting and Exemption Requirements EPA may impose appropriate 1320.5(a)(1)(iv) to announce the for New Chemical Substances and restrictions. This information collection submission of the ICR to OMB and the Significant New Use Reporting addresses the reporting and opportunity to submit additional Requirements for Chemical Substances. recordkeeping requirements associated ICR number: EPA ICR No. 0574.17. comments to OMB. If you have any OMB control number: OMB Control with TSCA section 5. questions about this ICR or the approval No. 2070–0012. Responses to the collection of process, please contact the technical ICR status: This ICR is currently information are mandatory (see 40 CFR person listed under FOR FURTHER scheduled to expire on December 31, parts 700, 720, 721, 723 and 725). INFORMATION CONTACT. 2015. An Agency may not conduct or Respondents may claim all or part of a Authority: 44 U.S.C. 3501 et seq. document confidential. EPA will sponsor, and a person is not required to Dated: April 19, 2015. respond to, a collection of information, disclose information that is covered by James Jones, unless it displays a currently valid OMB a claim of confidentiality only to the control number. The OMB control extent permitted by, and in accordance Assistant Administrator, Office of Chemical Safety and Pollution Prevention. numbers for EPA’s regulations in title 40 with, the procedures in TSCA section 14 of the Code of Federal Regulations and 40 CFR part 2. [FR Doc. 2015–09882 Filed 4–27–15; 8:45 am] (CFR), after appearing in the Federal Burden statement: The annual public BILLING CODE 6560–50–P Register when approved, are listed in 40 reporting and recordkeeping burden for this collection of information is CFR part 9, are displayed either by ENVIRONMENTAL PROTECTION estimated to range between 0.725 hours publication in the Federal Register or AGENCY by other appropriate means, such as on and 508 hours per response, depending the related collection instrument or upon the type of response. Burden is [EPA–HQ–OARM–2011–0748; FRL–9924– form, if applicable. The display of OMB defined in 5 CFR 1320.3(b). 62–OEI] control numbers for certain EPA The ICR, which is available in the Information Collection Request regulations is consolidated in 40 CFR docket along with other related Submitted to OMB for Review and part 9. materials, provides a detailed Approval; Comment Request; Monthly Abstract: Section 5 of the Toxic explanation of the collection activities Progress Reports (Renewal) Substances Control Act (TSCA) requires and the burden estimate that is only manufacturers (defined by TSCA to briefly summarized here: AGENCY: Environmental Protection include importers) of new chemical Respondents/Affected Entities: Agency (EPA). substances to submit to EPA notice of Entities potentially affected by this ICR ACTION: Notice. intent to manufacture a new chemical are companies that manufacture or substance 90 days before manufacture process chemical substances. SUMMARY: The Environmental Protection Agency has submitted an information begins. EPA reviews the information Estimated total number of potential collection request (ICR), ‘‘Monthly contained in the notice to evaluate the respondents: 372. health and environmental effects of the Progress Reports (Renewal)’’ (EPA ICR Frequency of response: On occasion. new chemical substance. On the basis of No. 1039.14, OMB Control No. 2030– the review, EPA may take further Estimated total average number of 0005) to the Office of Management and regulatory action under TSCA, if responses for each respondent: 11.3. Budget (OMB) for review and approval warranted. If EPA takes no action within Estimated total annual burden hours: in accordance with the Paperwork 90 days, the submitter is free to 102,846 hours. Reduction Act (44 U.S.C. 3501 et seq.). manufacture the new chemical Estimated total annual costs: This is a proposed extension of the ICR, substance without restriction. $35,722,737. This includes an estimated which is currently approved through TSCA section 5 also authorizes EPA burden cost of $35,722,737 and an May 31, 2015. Public comments were to issue Significant New Use Rules estimated cost of $0 for capital previously requested via the Federal (SNURs). EPA uses this authority to take investment or maintenance and Register (80 FR 6703) on February 6, follow-up action on new or existing operational costs. 2015 during a 60-day comment period.
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This notice allows for an additional 30 expenditures for the same period of assessment for each TSCA Work Plan days for public comments. A fuller time, and c) what is expected to be Chemical as a stand-alone document to description of the ICR is given below, accomplished on the contract for the facilitate public and stakeholder input including its estimated burden and cost next month. Responses to the prior to conducting further risk analysis. to the public. An Agency may not information collection are mandatory EPA believes publishing problem conduct or sponsor and a person is not for contractors and are required for the formulations and initial assessments for required to respond to a collection of contractors to receive monthly TSCA Work Plan Chemicals will information unless it displays a payments. increase transparency about EPA’s currently valid OMB control number. Form Numbers: 1900–68. thinking and analysis process, provide DATES: Additional comments may be Respondents/affected entities: Private opportunity for the public and submitted on or before May 28, 2015. contractors. stakeholders to comment on EPA’s ADDRESSES: Submit your comments, Respondent’s obligation to respond: approach and provide the opportunity referencing Docket ID Number EPA– Mandatory (48 CFR 1552.211). to receive additional information/data to HQ–OARM–2011–0748, to (1) EPA Estimated number of respondents: supplement or refine the assessment online using www.regulations.gov (our 266 (total). approach prior to EPA conducting preferred method), by email to Frequency of response: Monthly. detailed risk analysis and risk [email protected], or by mail to: EPA Total estimated burden: 77,406 hours characterization. Docket Center, Environmental (per year). Burden is defined at 5 CFR DATES: Comments must be received on Protection Agency, Mail Code 28221T, 1320.03(b) or before June 29, 2015. Total estimated cost: $7,207,568 (per 1200 Pennsylvania Ave., NW., ADDRESSES: Submit your comments, year), includes $39,900 annualized Washington, DC 20460, and (2) OMB via identified by docket identification (ID) _ capital or operation & maintenance email to oira [email protected]. number EPA–HQ–OPPT–2015–0078, by costs. Address comments to OMB Desk Officer one of the following methods: Changes in the Estimates: There is an for EPA. • Federal eRulemaking Portal: http:// increase of 16,506 hours in the total EPA’s policy is that all comments www.regulations.gov. Follow the online estimated respondent burden compared received will be included in the public instructions for submitting comments. with the ICR currently approved by docket without change including any Do not submit electronically any OMB. This is due to an increase in the personal information provided, unless information you consider to be number of contracts that are being the comment includes profanity, threats, Confidential Business Information (CBI) awarded. information claimed to be Confidential or other information whose disclosure is Business Information (CBI) or other Courtney Kerwin, restricted by statute. • information whose disclosure is Acting Director, Collection Strategies Mail: Document Control Office restricted by statute. Division. (7407M), Office of Pollution Prevention FOR FURTHER INFORMATION CONTACT: [FR Doc. 2015–09837 Filed 4–27–15; 8:45 am] and Toxics (OPPT), Environmental Thomas Valentino, Policy Training and BILLING CODE 6560–50–P Protection Agency, 1200 Pennsylvania Oversight Division, Office of Ave. NW., Washington, DC 20460–0001. Acquisition Management, (3802R), • Hand Delivery: To make special Environmental Protection Agency, 1200 ENVIRONMENTAL PROTECTION arrangements for hand delivery or Pennsylvania Ave., NW., Washington, AGENCY delivery of boxed information, please DC 20460; telephone number: 202–564– follow the instructions at http:// 4522; email address: valentino.thomas@ [EPA–HQ–OPPT–2015–0078; FRL–9923–84] www.epa.gov/dockets/contacts.html. epa.gov. Notice of Availability of Work Plan Additional instructions on commenting SUPPLEMENTARY INFORMATION: Chemical Problem Formulation and or visiting the docket, along with more Supporting documents which explain Initial Assessment for 1,4-Dioxane; information about dockets generally, is in detail the information that the EPA Request for Public Comment available at http://www.epa.gov/ will be collecting are available in the dockets. public docket for this ICR. The docket AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: For can be viewed online at Agency (EPA). technical information contact: Stanley www.regulations.gov or in person at the ACTION: Notice. Barone, Risk Assessment Division EPA Docket Center, WJC West, Room (7403M), Office of Pollution Prevention 3334, 1301 Constitution Ave., NW., SUMMARY: With this notice, EPA is and Toxics, Environmental Protection Washington, DC. The telephone number announcing that it will be publishing a Agency, 1200 Pennsylvania Ave. NW., for the Docket Center is 202–566–1744. problem formulation and initial Washington, DC 20460–0001; telephone For additional information about EPA’s assessment or data needs assessment number: (202) 564–1169; email address: public docket, visit http://www.epa.gov/ document for each TSCA Work Plan [email protected]. dockets. Chemical prior to conducting further For general information contact: The Abstract: Government surveillance of risk analysis. This notice is also TSCA-Hotline, ABVI-Goodwill, 422 contractor performance is required to announcing the availability of a problem South Clinton Ave., Rochester, NY give reasonable assurance that efficient formulation and initial assessment 14620; telephone number: (202) 554– methods and effective cost controls are document for the Work Plan Chemical 1404; email address: TSCA-Hotline@ being used for various cost-reimbursable 1,4-Dioxane and opening the 60-day epa.gov. and fixed-rate contracts. Per 48 CFR public comment period for the 1552.211 regulations, the Agency on a document. Based on experience in SUPPLEMENTARY INFORMATION: monthly basis requires contractors to conducting TSCA Work Plan Chemical I. General Information provide the Contracting Officer’s assessments to date and stakeholder Representative (COR) with a report feedback, starting in 2015 EPA will A. Does this action apply to me? detailing: a) what was accomplished on publish a problem formulation and This action is directed to the public the contract for that period, b) initial assessment or data needs in general, and may be of interest to a
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wide range of stakeholders including representation and written description assessments by EPA and other those interested in environmental and of actual or predicted relationships organizations and additional published human health; the chemical industry; between chemicals and human or studies on the exposure and hazard of chemical users; consumer product wildlife; (b) Analysis Plan—describing 1,4-Dioxane. EPA examined likely companies and members of the public the intentions regarding the technical exposure and hazard scenarios based on interested in the assessment of chemical aspects of the risk assessment. In some current production, use, and fate risks. Since others also may be instances, as a result of problem information to identify scenarios interested, the Agency has not formulation and initial assessment, EPA amenable to a risk analysis. The data attempted to describe all the specific identifies data gaps (uses, exposure available and scenarios evaluated for pathways, toxicity data) so significant as entities that may be affected by this conducting a risk assessment are action. to prevent conducting a meaningful risk provided in EPA’s TSCA Work Plan assessment. In these cases, EPA will B. What should I consider as I prepare publish a Data Needs Assessment Chemical Problem Formulation and my comments for EPA? document and provide opportunity for Initial Assessment for 1,4-Dioxane. The 1. Submitting CBI. Do not submit this the public and stakeholders to conclusions of the problem formulation information to EPA through comment, identify or provide data or and initial assessment are: (a) EPA will regulations.gov or email. Clearly mark information that may fill identified data further assess potential risks to workers the part or all of the information that gaps prior to EPA pursing data exposed during product formulation you claim to be CBI. For CBI collection via TSCA authorities. and use as a cleaning agent; (b) EPA will information in a disk or CD–ROM that To facilitate public and stakeholder further assess potential risks to workers you mail to EPA, mark the outside of the input prior to conducting further risk and consumers exposed during the use disk or CD–ROM as CBI and then analysis, EPA will open a public docket of TSCA-use products that contain 1,4- identify electronically within the disk or for receiving comments, data or Dioxane as a contaminant, such as CD–ROM the specific information that information from interested paints, varnishes, adhesives, cleaners is claimed as CBI. In addition to one stakeholders when it publishes each and detergents; (c) Risk to the general complete version of the comment that problem formulation and initial population through inhalation exposure includes information claimed as CBI, a assessment or data needs assessment to ambient air emissions is estimated to copy of the comment that does not document. EPA believes publishing be low; (d) An assessment of risk from contain the information claimed as CBI problem formulation and initial exposure through drinking water is not must be submitted for inclusion in the assessment documents for TSCA Work needed at this time because 1,4-Dioxane public docket. Information so marked Plan Chemicals will increase will not be disclosed except in transparency of EPA’s thinking and is currently being monitored and EPA accordance with procedures set forth in analysis process, provide opportunity will determine whether or not 40 CFR part 2. for the public and stakeholders to regulatory action is needed as part of its 2. Tips for preparing your comments. comment on EPA’s approach and Regulatory Determination Process; (e) When preparing and submitting your provide additional information or data Based on the low hazard profile for 1,4- comments, see the commenting tips at to supplement or refine assessment Dioxane to aquatic organisms, risks to http://www.epa.gov/dockets/ approaches prior to EPA conducting these organisms are expected to be low. comments.html. detailed risk analysis and risk EPA does not have the hazard data needed to determine if there are risks to II. What action is the Agency taking? characterization. Following receipt of comments on the problem formulation sediment and soil organisms. Therefore, EPA is announcing that it will be and initial assessment document and further analysis of environmental risk is publishing a problem formulation and consideration of any additional data or not planned. EPA plans to review and initial assessment or data needs information received, EPA will initiate evaluate the results of previous assessment document for each TSCA a risk assessment which is the process exposure assessments and health Work Plan Chemical prior to conducting to estimate the nature and probability of benchmarks for this chemical. As a further risk analysis. Based on adverse health and environmental result, EPA/OPPT will develop margins experience in conducting TSCA Work effects in humans and ecological of exposure and cancer risk estimates to Plan Chemical assessments to date and receptors from chemical contaminants evaluate the potential risks from worker stakeholder feedback, starting in 2015 that may be present in the environment. and consumer exposure to 1,4-Dioxane. EPA will publish a problem formulation EPA is also announcing the and initial assessment or data needs availability of the TSCA Work Plan Use the docket ID number: EPA–HQ– assessment document for each TSCA Chemical Problem Formulation and OPPT–2015–0078 to locate a copy of the Work Plan Chemical as a stand-alone Initial Assessment for 1,4-Dioxane for 1,4-Dioxane problem formulation and document. A problem formulation and public comment. 1,4-Dioxane is the first initial assessment document, as well as initial assessment document will serve chemical for which EPA is releasing a to submit comments via http:// to inform the public and other problem formulation and initial www.regulations.gov. interested stakeholders about EPA’s assessment document under the TSCA Authority: 15 U.S.C. 2601 et seq. initial scoping of findings and plan for Work Plan Chemical Assessment any further risk assessment. Problem Program. 1,4-Dioxane is a chemical that Dated: April 21, 2015. formulation and initial assessment is the is used primarily as a solvent in the Wendy C. Hemnett, analytical phase of the assessment in manufacture of other chemicals. 1,4- Director, Office of Pollution Prevention and which the purpose for the assessment is Dioxane is also found as an impurity in Toxics. articulated, the problem defined and a anti-freeze and aircraft deicing fluids [FR Doc. 2015–09888 Filed 4–27–15; 8:45 am] plan for analyzing and characterizing and in some consumer products BILLING CODE 6560–50–P risk is determined. [deodorants, shampoos, and cosmetics] Outcomes of a problem formulation (ATSDR 2012; EPA 2006; Mohr 2001). and initial assessment are: (a) During problem formulation and initial Conceptual Model—including a visual assessment, EPA reviewed previous
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FEDERAL COMMUNICATIONS Protection Act (TCPA) of 1991, CG implementing rules. The Commission’s COMMISSION Docket No. 02–278. implementing rules provide consumers Form Number: N/A. with several options for avoiding most [OMB 3060–0519] Type of Review: Revision of a unwanted telephone solicitations. currently approved collection. Information Collection Being Reviewed The national do-not-call registry Respondents: Business or other for- by the Federal Communications supplements the company-specific do- profit entities; Individuals or Commission not-call rules for those consumers who households; Not-for-profit institutions. wish to continue requesting that AGENCY: Federal Communications Number of Respondents and particular companies not call them. Any Commission. Responses: 34,948 respondents; company that is asked by a consumer, ACTION: Notice and request for 147,368,997 responses. including an existing customer, not to comments. Estimated Time per Response: .004 call again must honor that request for hours (15 seconds) to 1 hour. five (5) years. SUMMARY: As part of its continuing effort Frequency of Response: A provision of the Commission’s to reduce paperwork burdens, and as Recordkeeping requirement; Annual, on rules, however, allows consumers to required by the Paperwork Reduction occasion and one-time reporting give specific companies permission to Act (PRA) of 1995 (44 U.S.C. 3501– requirements; Third party disclosure call them through an express written 3520), the Federal Communications requirement. agreement. Nonprofit organizations, Commission (FCC or Commission) Obligation to Respond: Required to companies with whom consumers have invites the general public and other obtain or retain benefits. The statutory an established business relationship, Federal agencies to take this authority for the information collection and calls to persons with whom the opportunity to comment on the requirements is found in the Telephone telemarketer has a personal relationship following information collections. Consumer Protection Act of 1991 are exempt from the ‘‘do-not-call’’ Comments are requested concerning: (TCPA), Public Law 102–243, December registry requirements. whether the proposed collection of 20, 1991, 105 Stat. 2394, which added On September 21, 2004, the information is necessary for the proper section 227 of the Communications Act Commission released the Safe Harbor performance of the functions of the of 1934, [47 U.S.C. 227] Restrictions on Order establishing a limited safe harbor Commission, including whether the the Use of Telephone Equipment. in which persons will not be liable for information shall have practical utility; Total Annual Burden: 666,138 hours. placing autodialed and prerecorded the accuracy of the Commission’s Total Annual Cost: $2,745,000. message calls to numbers ported from a burden estimate; ways to enhance the Nature and Extent of Confidentiality: wireline service within the previous 15 quality, utility, and clarity of the Confidentiality is an issue to the extent days. The Commission also amended its information collected; ways to minimize that individuals and households existing National Do-Not-Call Registry the burden of the collection of provide personally identifiable safe harbor to require telemarketers to information on the respondents, information, which is covered under the scrub their lists against the Registry including the use of automated FCC’s system of records notice (SORN), every 31 days. collection techniques or other forms of FCC/CGB–1, ‘‘Informal Complaints and On December 4, 2007, the information technology; and ways to Inquiries.’’ As required by the Privacy Commission released the DNC NPRM further reduce the information Act, 5 U.S.C. 552a, the Commission also seeking comment on its tentative collection burden on small business published a SORN, FCC/CGB–1 conclusion that registrations with the concerns with fewer than 25 employees. ‘‘Informal Complaints, Inquiries, and Registry should be honored indefinitely, The FCC may not conduct or sponsor Requests for Dispute Assistance’’, in the unless a number is disconnected or a collection of information unless it Federal Register on August 15, 2014 (79 reassigned or the consumer cancels his displays a currently valid OMB control FR 48152) which became effective on registration. number. No person shall be subject to September 24, 2014. A system of records On June 17, 2008, in accordance with the Do-Not-Call Improvement Act of any penalty for failing to comply with for the do-not-call registry was created 2007, the Commission revised its rules a collection of information subject to the by the Federal Trade Commission (FTC) to minimize the inconvenience to PRA that does not display a valid OMB under the Privacy Act. The FTC consumers of having to re-register their control number. originally published a notice in the Federal Register describing the system. preferences not to receive telemarketing DATES: Written PRA comments should See 68 FR 37494, June 24, 2003. The calls and to further the underlying goal be submitted on or before June 29, 2015. FTC updated its system of records for of the National Do-Not-Call Registry to If you anticipate that you will be the do-not-call registry in 2009. See 74 protect consumer privacy rights. The submitting comments, but find it FR 17863, April 17, 2009. Commission released a Report and difficult to do so within the period of Privacy Impact Assessment: Yes. Order in CG Docket No. 02–278, FCC time allowed by this notice, you should Needs and Uses: The reporting 08–147, amending the Commission’s advise the contact listed below as soon requirements included under this OMB rules under the Telephone Consumer as possible. Control Number 3060–0519 enable the Protection Act (TCPA) to require sellers ADDRESSES: Direct all PRA comments to Commission to gather information and/or telemarketers to honor Cathy Williams, FCC, via email to PRA@ regarding violations of section 227 of registrations with the National Do-Not- fcc.gov and to [email protected]. the Communications Act, the Do-Not- Call Registry so that registrations will FOR FURTHER INFORMATION CONTACT: For Call Implementation Act (Do-Not-Call not automatically expire based on the additional information about the Act), and the Commission’s current five year registration period. information collection, contact Cathy implementing rules. If the information Specifically, the Commission modified Williams at (202) 418–2918. collection was not conducted, the section 64.1200(c)(2) of its rules to SUPPLEMENTARY INFORMATION: OMB Commission would be unable to track require sellers and/or telemarketers to Control Number: 3060–0519. and enforce violations of section 227 of honor numbers registered on the Title: Rules and Regulations the Communications Act, the Do-Not- Registry indefinitely or until the number Implementing the Telephone Consumer Call Act, or the Commission’s is removed by the database
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administrator or the registration is DATES: May 13, 2015; July 17, 2015; Federal Communications Commission. cancelled by the consumer. August 4, 2015. Marlene H. Dortch, On February 15, 2012, the Secretary. Commission released a Report and ADDRESSES: Federal Communications Commission, Room TW–C305 [FR Doc. 2015–09783 Filed 4–27–15; 8:45 am] Order in CG Docket No. 02–278, FCC BILLING CODE 6712–01–P 12–21, revising its rules to: (1) require (Commission Meeting Room), 445 12th prior express written consent for all Street SW., Washington, DC 20554. autodialed or prerecorded telemarketing FOR FURTHER INFORMATION CONTACT: For FEDERAL COMMUNICATIONS calls to wireless numbers and for all additional information on this COMMISSION prerecorded telemarketing calls to proceeding, contact Brendan Murray, [OMB 3060–0986] residential lines; (2) eliminate the [email protected], of the Media established business relationship Bureau, Policy Division, (202) 418–1573 Information Collection Being Reviewed exception to the consent requirement for or Nancy Murphy, Nancy.Murphy@ by the Federal Communications prerecorded telemarketing calls to fcc.gov, of the Media Bureau, (202) 418– Commission residential lines; (3) require 1043. telemarketers to include an automated, AGENCY: Federal Communications interactive opt-out mechanism in all SUPPLEMENTARY INFORMATION: The Commission. prerecorded telemarketing calls, to meetings will be held on May 13, 2015, ACTION: Notice and request for allow consumers more easily to opt out July 7, 2015, and August 4, 2015, from comments. of future robocalls during a robocall 10:00 a.m. to 4:00 p.m. in the itself; and (4) require telemarketers to Commission Meeting Room of the SUMMARY: As part of its continuing effort comply with the 3% limit on abandoned Federal Communications Commission, to reduce paperwork burdens, and as calls during each calling campaign, in Room TW–C305, 445 12th Street SW., required by the Paperwork Reduction order to discourage intrusive calling Washington, DC 20554. Act (PRA) of 1995 (44 U.S.C. 3501– campaigns. The DSTAC is a Federal Advisory 3520), the Federal Communications Finally, the Commission also Committee that will ‘‘identify, report, Commission (FCC or the Commission) exempted from the Telephone and recommend performance objectives, invites the general public and other Consumer Protection Act requirements technical capabilities, and technical Federal agencies to take this prerecorded calls to residential lines standards of a not unduly burdensome, opportunity to comment on the made by health care-related entities uniform, and technology- and platform- following information collection. governed by the Health Insurance neutral software-based downloadable Comments are requested concerning: Portability and Accountability Act of security system.’’ whether the proposed collection of 1996. information is necessary for the proper The meetings on May 13, 2015, July performance of the functions of the Federal Communications Commission. 7, 2015, and August 4, 2015 will be the Marlene H. Dortch, Commission, including whether the fourth, fifth, and sixth meetings of the information shall have practical utility; Secretary, Office of the Secretary, Office of DSTAC. The FCC will attempt to the Managing Director. the accuracy of the Commission’s accommodate as many attendees as burden estimate; ways to enhance the [FR Doc. 2015–09799 Filed 4–27–15; 8:45 am] possible; however, admittance will be quality, utility, and clarity of the BILLING CODE 6712–01–P limited to seating availability. The information collected; ways to minimize Commission will provide audio and/or the burden of the collection of video coverage of the meeting over the FEDERAL COMMUNICATIONS information on the respondents, Internet from the FCC’s Web page at COMMISSION including the use of automated http://www.fcc.gov/live. The public may collection techniques or other forms of Federal Advisory Committee Act; submit written comments before the information technology; and ways to Downloadable Security Technology meeting to Brendan Murray, DSTAC further reduce the information Advisory Committee Designated Federal Officer, by email to collection burden on small business [email protected] or by U.S. Postal concerns with fewer than 25 employees AGENCY: Federal Communications Service Mail to 445 12th Street SW., The FCC may not conduct or sponsor a Commission. Room 4–A726, Washington, DC 20554. collection of information unless it ACTION: Notice. Open captioning will be provided for displays a currently valid control SUMMARY: In accordance with the this event. Other reasonable number. No person shall be subject to Federal Advisory Committee Act, this accommodations for people with any penalty for failing to comply with notice advises interested persons that disabilities are available upon request. a collection of information subject to the the Federal Communications Requests for such accommodations PRA that does not display a valid Office Commission’s (FCC or Commission) should be submitted via email to of Management and Budget (OMB) Downloadable Security Technology [email protected] or by calling the control number. Advisory Committee (DSTAC) will hold Consumer & Governmental Affairs DATES: Written PRA comments should meetings on May 13, 2015, July 7, 2015, Bureau at (202) 418–0530 (voice), (202) be submitted on or before June 29, 2015. and August 4, 2015. At the May and July 418–0432 (tty). Such requests should If you anticipate that you will be meetings, the committee will discuss include a detailed description of the submitting comments, but find it Working Group reports and any other accommodation needed. In addition, difficult to do so within the period of topics related to the DSTAC’s work that please include a way the FCC can time allowed by this notice, you should may arise. At the August meeting, the contact you if it needs more advise the contact listed below as soon committee will discuss and consider a information. Please allow at least five as possible. full draft report and any other topics days’ advance notice; last-minute ADDRESSES: Direct all PRA comments to related to the DSTAC’s work that may requests will be accepted, but may be Nicole Ongele, FCC, via email PRA@ arise. impossible to fill. fcc.gov and to [email protected].
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FOR FURTHER INFORMATION CONTACT: For Wireline Competition Bureau have since Federal Communications Commission. additional information about the adopted a number of orders that Marlene H. Dortch, information collection, contact Nicole implement the USF/ICC Transformation Secretary, Office of the Secretary, Office of Ongele at (202) 418–2991. Order; see also Connect America Fund the Managing Director. SUPPLEMENTARY INFORMATION: OMB et al., WC Docket No. 10–90 et al., Third [FR Doc. 2015–09798 Filed 4–27–15; 8:45 am] Control Number: 3060–0986. Order on Reconsideration, 27 FCC Rcd BILLING CODE 6712–01–P Title: Competitive Carrier Line Count 5622 (2012); Connect America Fund et Report and Self-Certification as a Rural al., WC Docket No. 10–90 et al., Order, Carrier. 27 FCC Rcd 605 (Wireline Comp. Bur. FEDERAL MARITIME COMMISSION Form Number: FCC Form 481, FCC 2012); Connect America Fund et al., WC [Petition No. P2–15] Form 505, FCC Form 507, FCC Form Docket No. 10–90 et al., Fifth Order on 508, FCC Form 509, and FCC Form 525. Reconsideration, 27 FCC Rcd 14549 Petition of the National Customs Type of Review: Revision of a (2012); Connect America Fund et al., Brokers and Forwarders Association currently approved collection. WC Docket No. 10–90 et al., Order, 28 of America, Inc. for Initiation of Respondents: Business or other for- FCC Rcd 2051 (Wireline Comp. Bur. Rulemaking; Notice of Filing and profit, not-for-profit institutions and 2013); Connect America Fund et al., WC Request for Comments state, local or tribal government. Docket No. 10–90 et al., Order, 28 FCC Number of Respondents: 1,957 Notice is hereby given that the Rcd 7227 (Wireline Comp. Bur. 2013). respondents; 12,885 responses. National Customs Brokers and The Commission has received OMB Estimated Time per Response: .5 Forwarders Association of America, Inc. hours to 100 hours. approval for most of the information (‘‘Petitioner’’), has petitioned the Frequency of Response: On occasion, collections required by these orders. At Commission pursuant to 46 CFR 502.51, quarterly and annual reporting a later date the Commission plans to 502.74 and 502.76 of the Commission’s requirements, recordkeeping submit additional revisions for OMB Rules of Practice and Procedure, to requirement and third party disclosure review to address other reforms adopted initiate a rulemaking to revise the requirement. in the orders (e.g., 47 CFR Commission’s regulations in 46 CFR Obligation to Respond: Required to 54.313(a)(11)). The revision proposed part 532, NVOCC Negotiated Rate obtain or retain benefits. Statutory here contains information collection Arrangements (NRAs) to: (1) allow authority for this information collection requirements already reviewed and inclusion of economic terms beyond is contained in 47 U.S.C. 151–154, 155, approved by OMB. Specifically, the rates in NRAs, and (2) permit NRAs to 201–206, 214, 218–220, 251, 252, 254, Commission proposes to merge the be modified at any time upon mutual 256, 303(r), 332, 403, 405, 410, and existing universal service information agreement between a Non-Vessel- 1302. collection requirements from OMB Operating Common Carrier (NVOCC) Total Annual Burden: 266,868 hours. Control No. 3060–1188 into this control and shipper; and revise 46 CFR part Total Annual Cost: N/A. number. The Commission proposes to 531, NVOCC Negotiated Service Privacy Act Impact Assessment: This add FCC Form 505, currently approved Arrangements (NSAs), to either information collection does not affect under collection 3060–1188, to this eliminate the filing and essential terms individuals or households; thus, there information collection. There are no publication requirement of NSAs or are no impacts under the Privacy Act. changes to the currently approved FCC eliminate 46 CFR part 531 in its Nature and Extent of Confidentiality: Form 505. The Commission also entirety. We note that USAC must preserve the proposes certain changes to FCC Form In order for the Commission to make confidentiality of all data obtained from 481 and its instructions as a result of a thorough evaluation of the Petition, respondents; must not use the data interested persons are requested to merging the information collection except for purposes of administering the submit views or arguments in reply to requirements contained in 3060–0986 universal service programs; and must the Petition no later than June 8, 2015. and 3060–1188. These changes include not disclose data in company-specific Commenters must send an original and form unless directed to do so by the revising FCC Form 481 and its 5 copies to the Secretary, Federal Commission. instructions to incorporate the Maritime Commission, 800 North Needs and Uses: On November 18, certifications and census block data Capitol Street NW., Washington, DC 2011, the Commission released an order collection requirements for certain 20573–0001, and be served on reforming its high-cost universal service recipients of Connect America Phase I Petitioner’s counsel, Edward D. support mechanisms. Connect America incremental support that are currently Greenberg, GKG Law, P.C., 1055 Fund; A National Broadband Plan for approved under collection 3060–1188. Thomas Jefferson Street NW., Suite 500, Our Future; Establish Just and The Commission also proposes to Washington, DC 20007. A PDF copy of Reasonable Rates for Local Exchange reduce the number of respondents for the reply must also be sent as an Carriers; High-Cost Universal Service reporting and certification requirements attachment to [email protected]. Support; Developing a Unified related to Connect America Phase I If the reply contains confidential Intercarrier Compensation Regime; incremental support to reflect the information, the confidential filing Federal-State Joint Board on Universal number of price cap carriers that should not be submitted by email. A Service; Lifeline and Link-Up; Universal actually accepted such support. Once confidential filing must be submitted to Service Reform—Mobility Fund, WC the Commission receives OMB approval the Secretary in hard copy only, and be Docket Nos. 10–90, 07–135, 05–337, 03– to merge the requirements contained in accompanied by a transmittal letter that 109; GN Docket No. 09–51; CC Docket 3060–1188 under this control number, identifies the filing as ‘‘Confidential- Nos. 01–92, 96–45; WT Docket No. 10– the Commission will discontinue 3060– Restricted’’ and describes the nature and 208, Order and Further Notice of 1188. extent of the confidential treatment Proposed Rulemaking, 26 FCC Rcd requested. The material for which 17663 (2011) (USF/ICC Transformation confidentiality is claimed should be Order); and the Commission and clearly marked on each page. A public
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version must also be filed that excludes Comments may be submitted also by and voluntary arbitration to aid and the confidential materials, and must fax at (202) 606–3749 or electronic mail encourage employers and indicate on the cover page and on each (email) to [email protected]. All representatives of their employees to affected page ‘‘Confidential materials comments must be identified by the reach and maintain agreements excluded.’’ The Commission will appropriate agency form number. concerning rates of pay, hours, and provide confidential treatment to the No confidential business information working conditions, and to make all extent allowed by law for confidential (CBI) should be submitted through reasonable efforts to settle their submissions, or parts of submissions, for email. Information submitted as a differences by mutual agreement which confidentiality has been comment concerning this document reached through conferences and requested. The Petition will be posted may be claimed confidential by marking collective bargaining or by such on the Commission’s Web site at http:// any part or all of the information as methods as may be provided for in any www.fmc.gov/p2-15. Replies filed in ‘‘CBI’’. Information so marked will not applicable agreement for the settlement response to the Petition will also be be disclosed but a copy of the comment of disputes’’ 29 U.S.C. 201(b). Under its posted on the Commission’s Web site at that does contain CBI must be submitted regulations at 29 CFR part 1404, FMCS this location. for inclusion in the public record. has established policies and procedures Information not marked confidential for its arbitration function dealing with Karen V. Gregory, may be disclosed publicly by FMCS all arbitrators listed on the FMCS Roster Secretary. without prior notice. All written of Arbitrators, all applicants for listing [FR Doc. 2015–09833 Filed 4–27–15; 8:45 am] comments will be available for on the Roster, and all person or parties BILLING CODE 6731–AA–P inspection in Room 704 at the seeking to obtain from FMCS either Washington, DC address above from names or panels of names of arbitrators 8:30 a.m. to 4:30 p.m., Monday through listed on the Roster in connection with Friday, excluding legal holidays. disputes which are to be submitted to FEDERAL MEDIATION AND arbitration or fact-finding. FMCS strives CONCILIATION SERVICE FOR FURTHER INFORMATION CONTACT: Arthur Pearlstein, Director of to maintain the highest quality of Labor-Management Relations Arbitration Services, FMCS, 2100 K dispute resolution experts on its Roster. Information Collection Requests Street NW., Washington, DC 20427. To ensure that purpose, it asks all Telephone (202) 606–5111; Fax (202) candidates to complete an application AGENCY: Federal Mediation and 606–3749. form. The purpose of this collection is Conciliation Service. to gather information about applicants SUPPLEMENTARY INFORMATION: Copies of for inclusion in the Roster of ACTION: 60-Day notice and request for each of the agency forms are available Arbitrators. This collection is needed to comments. from the Office of Arbitration Services evaluate applicants and to select among by calling, faxing or writing to Arthur SUMMARY: The Federal Mediation and the applicants highly qualified Pearlstein at the address above. Please Conciliation Service (FMCS), as part of individuals for inclusion on the Roster. ask for the form by title and agency form its continuing effort to reduce Without this collection, FMCS will be number. paperwork burden of arbitrators and unable to maintain or expand its Roster. parties that request arbitration services I. Information Collection Requests The respondents are private citizens in accordance with the Paperwork FMCS is seeking comments on the who make application for appointment Reduction Act of 1995, invites the following information collection to the Roster. general public and other Federal Burden: The number of respondents is requests contained in FMCS agency Agencies to take this opportunity to approximately 100 individuals per year, forms. which is the approximate number of comment on the following information Agency: Federal Mediation and individuals who request membership on collection requests. The information Conciliation Service. the FMCS Roster. The time required to collection requests are FMCS forms: Form Number: OMB No. 3076–0001. complete this questionnaire is Arbitrator’s Report and Fee Statement Name of Form: Arbitrator’s Personal approximately one hour. Each (Agency Form R–19), Arbitrator’s Data Questionnaire (FMCS form R–22). respondent is required to respond only Personal Data Questionnaire (Agency Type of Request: Reinstatement of a once per application and to update the Form R–22), and Request for Arbitration collection without change in the information as necessary. Panel (Agency Form R–43). These substance or method of collection. Agency: Federal Mediation and information collection requests were Affected Entities: Individuals who previously approved by the Office of Conciliation Service apply for admission to the FMCS Roster Form Number: OMB No. 3076–0003 Management Budget (OMB), and we are of Arbitrators. requesting a reinstatement without Name of Form: Arbitrator’s Report Frequency: Individuals complete this and Fee Statement (FMCS Form R–19) change to the collections. These form once, which is at the time of information collection requests were Type of Request: Reinstatement of a application to the FMCS Roster of collection without change in the assigned the OMB control numbers Arbitrators. 3076–0001, 3076–0002, and 3076–0003. substance or method of collection. Abstract: Title II of the Labor Affected Entities: Individual DATES: Comments must be submitted on Management Relations Act of 1947 (Pub. arbitrators who render decisions under or before June 29, 2015. L. 90–101) as amended in 1959 (Pub. L. FMCS arbitration policies and ADDRESSES: Submit written comments 86–257) and 1974 (Pub. L. 93–360), procedures. by mail to the Office of Arbitration states that it is the labor policy of the Frequency: This form is completed Services, Federal Mediation and United States that ‘‘the settlement of each time an arbitrator hears an Conciliation Service, 2100 K Street, issues between employers and arbitration case and issues a decision. NW., Washington, DC 20427 or by employees through collective bargaining Abstract: Pursuant to 29 U.S.C. 171(b) contacting the person whose name may be advanced by making available and 29 CFR part 1404, FMCS assumes appears under the section headed FOR full and adequate governmental a responsibility to monitor the work of FURTHER INFORMATION CONTACT. facilities for conciliation, mediation, the arbitrators who serve on its Roster.
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This is satisfied by requiring the functions of the agency, including (12 U.S.C. 1843). Unless otherwise completion and submission of a Report whether the information will have noted, nonbanking activities will be and Fee Statement, which indicates practical utility. conducted throughout the United States. when the arbitration award was (ii) Enhance the accuracy of the Unless otherwise noted, comments rendered, the file number, the company agency’s estimates of the burden of the regarding each of these applications and union, the issues, whether briefs proposed collection of information. must be received at the Reserve Bank were filed and transcripts taken, if there (iii) Enhance the quality, utility, and indicated or the offices of the Board of were any waivers by parties on the date clarity of the information to be Governors not later than May 22, 2015. the award was due, and the fees and collected. A. Federal Reserve Bank of Chicago days for services of the arbitrator. FMCS (iv) Minimize the burden of the (Colette A. Fried, Assistant Vice publishes this information in the collections of information on those who President) 230 South LaSalle Street, agency’s annual report, to inform the are to respond, including the use of Chicago, Illinois 60690–1414: public about the arbitration services appropriate automated, electronic 1. Wintrust Financial Corporation, program and certain national trends in collection technologies or other forms of Rosemont, Illinois; to merge with arbitration. information technology. Suburban Illinois Bancorp, Inc., and Burden: FMCS receives III. The Official Record thereby indirectly acquire voting shares approximately 1,984 responses per year. of Suburban Bank & Trust Company, The form is filled out each time an The official record is the paper both in Elmhurst, Illinois. arbitrator hears a case and the time electronic record maintained at the B. Federal Reserve Bank of St. Louis required is approximately ten minutes. address at the beginning of this (Yvonne Sparks, Community FMCS uses this form to review arbitrator document. FMCS will transfer all Development Officer) P.O. Box 442, St. conformance with its fee and expense electronically received comments into Louis, Missouri 63166–2034: reporting requirements. printed-paper form as they are received. 1. Connections Bancshares, Inc., Agency: Federal Mediation and List of Subjects Ashland, Missouri; to become a bank holding company by acquiring 100 Conciliation Service Labor-Management Relations, Form Number: OMB No. 3076–0002 percent of the voting shares of Calvert Type of Request: Reinstatement of a Employee Management Relations, and Financial Corporation, and thereby collection without change in the Information Collection Requests. indirectly acquire voting shares of substance or method of collection. Dated: April 23, 2015. Mainstreet Bank, both in Ashland, Name of Form: Request for Jeannette Walters-Marquez, Missouri. Arbitration Panel (FMCS Form R–43) Attorney Advisor. Board of Governors of the Federal Reserve Affected Entities: Employers and their [FR Doc. 2015–09831 Filed 4–27–15; 8:45 am] System, April 23, 2015. representatives, and labor unions, their BILLING CODE 6732–01–P Michael J. Lewandowski, representatives and employees, who Associate Secretary of the Board. request arbitration services. [FR Doc. 2015–09848 Filed 4–27–15; 8:45 am] Frequency: This form is completed FEDERAL RESERVE SYSTEM each time an employer or labor union BILLING CODE 6210–01–P requests a panel of arbitrators. Formations of, Acquisitions by, and Abstract: Pursuant to 29 U.S.C. 171(b) Mergers of Bank Holding Companies and 29 CFR part 1404, FMCS offers GENERAL SERVICES panels of arbitrators for selection by The companies listed in this notice ADMINISTRATION have applied to the Board for approval, labor and management to resolve [OMB Control No. 3090–0262; Docket 2015– grievances and disagreements arising pursuant to the Bank Holding Company 0001; Sequence 9] under their collective bargaining Act of 1956 (12 U.S.C. 1841 et seq.) agreements and to deal with fact finding (BHC Act), Regulation Y (12 CFR part General Services Administration and interest arbitration issues as well. 225), and all other applicable statutes Acquisition Regulation; Information This form is used to obtain information and regulations to become a bank Collection; Identification of Products such as the parties’ names, addresses, holding company and/or to acquire the With Environmental Attributes and the type of assistance needed. assets or the ownership of, control of, or FMCS uses this information to compile the power to vote shares of a bank or AGENCY: Office of Acquisition Policy, panels, selecting arbitrators based in bank holding company and all of the General Services Administration (GSA). part on such factors as dispute location banks and nonbanking companies ACTION: Notice of request for comments and issue expertise. The purpose of this owned by the bank holding company, regarding an extension of a previously information collection is to facilitate the including the companies listed below. existing OMB clearance. processing of the parties’ request for The applications listed below, as well as other related filings required by the SUMMARY: Under the provisions of the arbitration assistance. No third party Paperwork Reduction Act the notification or public disclosure burden Board, are available for immediate inspection at the Federal Reserve Bank Regulatory Secretariat Division will be is associated with this collection. submitting to the Office of Management Burden: The current total annual indicated. The applications will also be and Budget (OMB) a request to review burden estimate is that FMCS will available for inspection at the offices of and approve an extension of a receive requests from approximately the Board of Governors. Interested previously approved information 13,179 respondents per year. The form persons may express their views in collection requirement regarding takes about 10 minutes to complete. writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the identification of products with II. Request for Comments proposal also involves the acquisition of environmental attributes. FMCS solicits comments to: a nonbanking company, the review also DATES: Submit comments on or before: (i) Evaluate whether the proposed includes whether the acquisition of the June 29, 2015. collections of information are necessary nonbanking company complies with the ADDRESSES: Submit comments for the proper performance of the standards in section 4 of the BHC Act identified by Information Collection
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3090–0262, Identification of Products Total Burden Hours: 9,000. ADDRESSES: Registration: Registration with Environmental Attributes, by any for this event will be accomplished C. Public Comments of the following methods: online at the following link: https:// • Regulations.gov: http:// Public comments are particularly www.eventbrite.com/e/us-general- www.regulations.gov. invited on: Whether this collection of services-administration-gsa-hack-a- Submit comments via the Federal information is necessary and whether it thon-tickets-15637828165. The event eRulemaking portal by inputting will have practical utility; whether our space is limited to the first 120 people; ‘‘Information Collection 3090–0262, estimate of the public burden of this once registration is complete, Identification of Products with collection of information is accurate and participants will receive a confirmation Environmental Attributes’’, under the based on valid assumptions and email. heading ‘‘Enter Keyword or ID’’ and methodology; and ways to enhance the Event Location: 1800 F Street NW., selecting ‘‘Search’’. Select the link quality, utility, and clarity of the Washington, DC 20405, Conference ‘‘Submit a Comment’’ that corresponds information to be collected. Center. A government-issued ID shall be with ‘‘Information Collection 3090– Obtaining Copies of Proposals: required to gain access into the 0262, Identification of Products with Requesters may obtain a copy of the building. All participants must enter Environmental Attributes’’. Follow the information collection documents from through the main entrance located on instructions provided at the ‘‘Submit a the Regulatory Secretariat Division 18th Street. (MVCB), 1800 F Street NW., Comment’’ screen. Please include your FOR FURTHER INFORMATION CONTACT: Washington, DC 20405, telephone 202– Ms. name, company name (if any), and Cindy A. Smith at [email protected] ‘‘Information Collection 3090–0262, 501–4755. Please cite OMB Control No. 3090–0262, Identification of Products or 816–823–5291. Identification of Products with SUPPLEMENTARY INFORMATION: Environmental Attributes’’ on your with Environmental Attributes, in all correspondence. Purpose: In this competition, the attached document. public is asked to develop a technology- • Fax: 202–501–4067. Dated: April 21, 2015. • driven solution using GSA data that Mail: General Services Jeffrey A. Koses, allows an agency to identify Administration, Regulatory Secretariat Senior Procurement Executive, Director, opportunities for improvements and Division (MVCB), 1800 F Street NW., Office of Acquisition Policy. transparency. As such, GSA challenges Washington, DC 20405. ATTN: Ms. [FR Doc. 2015–09844 Filed 4–27–15; 8:45 am] the public to create a solution using Flowers/IC 3090–0262, Identification of BILLING CODE 6820–61–P GSA data that could be replicated across Products with Environmental government to every agency, using their Attributes. own data. Sample data sets with GSA GENERAL SERVICES Instructions: Please submit comments data will be provided. ADMINISTRATION only and cite Information Collection Details of Challenge: Design and 3090–0262, Identification of Products [Notice–IDMO–2015–01; Docket No. 2015– create a digital interactive solution in with Environmental Attributes, in all 0002; Sequence 7] the form of an application, Application correspondence related to this Programming Interface (API), and/or collection. All comments received will GSA’s Digital Innovation and Strategy data mashup that utilizes federal data be posted without change to http:// Hack-A-Thon collected by GSA. The technology www.regulations.gov, including any AGENCY: General Services solution should be innovative! GSA personal and/or business confidential does not want an analysis tool that tells information provided. Administration (GSA), GSA IT, Office of Digital Innovation and Strategy. what is already known. This should be FOR FURTHER INFORMATION CONTACT: Ms. ACTION: Notice. a forward-thinking solution that Dana Munson, Procurement Analyst, enhances transparency. General Services Acquisition Policy SUMMARY: The purpose of this notice is The solution should be a data-driven Division, GSA, at telephone 202–357– to announce a software programming solution to provide meaningful insights 9652 or via email to dana.munson@ and data innovation competition hosted that can help drive smarter decisions by gsa.gov. by GSA’s Office of Digital Innovation federal employees. The ultimate goal is SUPPLEMENTARY INFORMATION: and Strategy that will be held on May to help federal agencies use data to its 8, 2015. The competition details can be fullest, share data with all agencies, and A. Purpose viewed at http://open.gsa.gov/Digital- become transparent to the American The General Services Administration Innovation-Hackathon/. The goal of this Public. (GSA) requires contractors holding competition is to ask the public and The solution should accomplish two Multiple Award Schedule Contracts to academia to develop smart technology tasks: identify in their GSA price lists those solutions in the form of an application, 1. Visually display or transmit data in products that they market commercially Application Programming Interface a way that will enhance the way GSA that have environmental attributes in (API), and/or data mashup that has the works; and accordance with GSAR clause 552.238– capability to providing GSA with key 2. Through analysis of the data 72. The identification of these products insights and recommendations for identify relationships if they exist, and will enable Federal agencies to future enhancements. GSA will provide valuable insights that could be maximize the use of these products and challenge software developers and gained through improved data meet the responsibilities expressed in designers to create a solution using collection efforts. statutes and executive orders. sample GSA data. GSA will assign teams randomly DATES: Registration for the event will based on the number of participants on B. Annual Reporting Burden close Tuesday, May 5, at 11:59 p.m. the day of the event. No pre-determined Respondents: 9,000. Eastern Standard Time (EST). The team arrangements will be permitted. Responses per Respondent: 1. competition will be open on Friday, Modification to team make-up may Annual Responses: 9,000. May 8, 2015 from 9:00 a.m. until 4:30 occur based on team skill make-up at Hours per Response: 1. p.m. Eastern Standard Time (EST). the direction of the competition host.
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Data: Participants will be provided connection with participation in this work under the program’s original current GSA public data sets to use in competition. name; designing their solution on the day of Participants are hereby advised that 4. No person, group, or field of the event. Prior to the event, the GitHub diligent care must be taken to avoid the endeavor can be denied access to the page, open.gsa.gov/Digital-Innovation- appearance of government endorsement program; Hackathon/, will be updated with of competition participation and 5. The rights attached to the program project details and criteria. submission. Moreover, as is customary must not depend on the program being Hackathon projects may include the when doing business with the Federal part of a particular software following: Government, participants may not refer distribution; • IAE CO Dashboard—A Dashboard to GSA’s use of your submission (be it 6. The licensed software cannot place that pulls together Contract Report Data, product or service) in any commercial restrictions on other software that is with Vendor information along with advertising or similar promotions in a distributed with it; Contract Performance information in manner that states or implies that the 7. The solution must be an online, one location. product or service being used is interactive solution that meets the goals • Travel Tool—Improvements/ endorsed or preferred by GSA or any and objectives provided in this Enhancements to the existing Tool. other element of the Federal document; • Public Data Listing Formatting on Government, or that the Federal 8. The solution must include GitHub—A new way to view all of Government considers it to be superior documentation of all data sources used; GSA’s data assets. to other products or services. The intent 9. The solution must include a • Socio-Economic Advisor—Access of this policy is to prevent the description of how the solution can be to specific Vendor data (Products, appearance of Federal Government bias updated with additional data from other Services, etc.). toward any one product or service. agencies; and • Energy Use/Cost by Building/Effect Participants agree that GSA’s 10. The solver must provide on TSS—Identify drivers and trademarks, logos, service marks, trade recommendations to enhance relationships. names, or the fact that GSA awarded a Government insights through Eligibility for Challenge: Eligibility to prize to a Participant, shall not be used improvements in data collection. participate in the GSA Digital by the Participant to imply direct GSA The winner(s) of the competition will, Innovation and Strategy competition endorsement of Participant or in consideration of the prize(s) to be and win a prize is limited to entities/ Participant’s submission. Both awarded, grant to GSA a perpetual, non- individuals: Participants and GSA may list the other exclusive, royalty-free license to use any 1. That have registered to participate party’s name in a publicly available and all intellectual property to the in the competition and complied with customer or other list so long as the winning entry for any governmental the rules of the competition as name is not displayed in a more purpose, including the right to permit explained in this posting; and prominent fashion than any other third- such use by any other agency or 2. That have been incorporated in and party name. agencies of the Federal Government. All maintains a primary place of business in Prizes: GSA may award up to three other rights of the winning entrant will the United States, and in the case of an team prizes $1,000 to each member of a be retained by the winner of the individual, whether participating singly winning team. GSA is not required to competition. or in a group, the participant must be a award all prizes if the judges determine Scope: Any federal data and citizen or permanent resident of the that a smaller number of entries meet information that is publicly available is United States. the scope and requirements laid out for included in the scope of this challenge. Participants may not be a federal this competition, or if the Agency plans Summary-level sample data will be entity or federal employee acting within to only use code from a smaller number provided. the scope of employment. However, an of entries. Funding for this GSA Digital Judges: There will be three Judges, individual or entity shall not be deemed Innovation and Strategy competition each with expertise in Government- ineligible because the individual or award will come from GSA. Prizes will Wide Policy, Travel, Information entity used federal facilities or be awarded to the winner(s) of the Technology, and/or Acquisition. Judges consulted with federal employees competition via Electronic Funds will award a score to each submission. during a competition if the facilities and Transfer (EFT), within 60 days of The winner(s) of the competition will be employees are made available to all announcement of the winner(s). decided based on the highest average individuals and entities participating in Requirements: The final solution overall score. Judges will only the competition on an equitable basis. should be open source code and placed participate in judging submissions for Participants agree to assume any and on GSA’s GitHub site to be specified to which they do not have any conflicts of all risks and waive claims against the participants the day of the event. ‘‘Open interest. Federal Government and its related source’’ refers to a program in which the Judging Criteria: A panel of judges entities, except in the case of willful source code is available to the general will assess each solution based on misconduct, for any injury, death, public for use and/or modification from technical competence and capabilities, damage, or loss of property, revenue, or its original design free of charge. In use of GSA data to provide effective profits, whether direct, indirect, or order to be Open Source Initiative outcomes, creativity/innovation, and consequential, arising from Certified, the solution must meet the valuable information and insights. participation in this competition, following ten criteria: Submissions will be judged based on whether the injury, death, damage, or 1. The author or holder of the license the following Metrics: loss arose through negligence or of the source code cannot collect Criteria Technical Competence and otherwise. Participants also agree to royalties on the distribution of the Capabilities/Weight 50% obtain liability insurance or program; demonstrate financial responsibility, to 2. The distributed program must make Description—The solution addresses cover a third party for death, bodily the source code accessible to the user; the primary goals of the Hack-a-thon. It injury, property damage, or loss 3. The author must allow is a finished product that can provide resulting from an activity carried out in modifications and derivations of the insightful analysis and show GSA how
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to enhance/improve existing functions, Check in at the Registration table on should be directed to the Attention: share data across GSA and more Friday, May 8, 2015, beginning at 9:00 CDC Desk Officer, Office of Management efficiently utilize existing applications. a.m., Eastern Standard Time (EST). All and Budget, Washington, DC 20503 or participants must stop here to sign the by fax to (202) 395–5806. Written Use of Data To Provide Effective required forms shown below: comments should be received within 30 Outcomes/Weight 20% • Gratuitous Service Agreement. days of this notice. Description—The solution displays in Dated: April 22, 2015. a way that is easy to understand, Proposed Project Kris Rowley, visually appealing, and will help drive Environmental Health Specialists understanding of current trends as well Director, Enterprise Information & Data Mgmt Ofc. Network (EHS–NET) Program (OMB No. as recommendations. 0920–0792, expired 1/31/2015)— [FR Doc. 2015–09843 Filed 4–27–15; 8:45 am] Creativity/Innovation/Weight 10% Reinstatement—National Center for BILLING CODE 6820–34–P Environmental Health (NCEH), Centers Description—The solution exceeds for Disease Control and Prevention any internal capability that GSA has for (CDC). analysis of data through its DEPARTMENT OF HEALTH AND incorporation of creative design HUMAN SERVICES Background and Brief Description elements and innovative capabilities. Centers for Disease Control and The CDC is requesting OMB approval Valuable Information and Insights Prevention for a reinstatement (with changes) of Regarding Data/Weight 20% this generic information collection plan. [30 Day–15–0792] Due to the uncertainty about whether Description—The solver provides the EHS-Net program would receive recommendations for additional data Agency Forms Undergoing Paperwork continued funding, NCEH submitted a elements to be collected by the Reduction Act Review discontinuation request for this plan on government. The solver identifies gaps January 23, 2015. This reinstatement in the data and utilizes external data The Centers for Disease Control and will provide clearance for EHS-Net data sources and research to aid the Prevention (CDC) has submitted the collections conducted in the next three Government in setting future data following information collection request years to support a research program collection policies. to the Office of Management and Budget (OMB) for review and approval in focused on identifying the Challenge Goal and Objectives accordance with the Paperwork environmental causes of foodborne Goal: Design and build an Reduction Act of 1995. The notice for illness. application, API, and/or data mashup the proposed information collection is This program is conducted by the while using GSA data that solves one of published to obtain comments from the Environmental Health Specialists five GSA business problems provided at public and affected agencies. Network (EHS-Net), a collaborative the Hack-a-thon. Written comments and suggestions project of CDC, the Food and Drug Objectives: from the public and affected agencies Administration (FDA), the United States —Utilize GSA data to create an concerning the proposed collection of Department of Agriculture (USDA), and application, API, and/or data mashup. information are encouraged. Your local and state sites. To date, EHS-Net —Provide GSA a better understanding comments should address any of the has conducted four studies under this of use and needs of current and future following: (a) Evaluate whether the generic information collection plan. The data assets. proposed collection of information is data from these studies have yielded —Post all open source solutions on necessary for the proper performance of valuable findings and have been GitHub for future use by the the functions of the agency, including disseminated to environmental public government developer community whether the information will have health/food safety regulatory programs and GSA. practical utility; (b) Evaluate the and the food industry in the form of Registration: Registration for this accuracy of the agencies estimate of the presentations at conferences and event will be accomplished online at the burden of the proposed collection of meetings, scientific journal following link: https:// information, including the validity of publications, and Web site postings. www.eventbrite.com/e/us-general- the methodology and assumptions used; NCEH intends to conduct EHS-Net services-administration-gsa-hack-a- (c) Enhance the quality, utility, and data collections from 2015 through 2018 thon-tickets-15637828165. It shall clarity of the information to be (approximately one per year). The remain open until Tuesday, May 5, collected; (d) Minimize the burden of program is revising the generic 2015, at 11:59 p.m., Eastern Standard the collection of information on those information collection request (ICR) to Time (EST). The event space is limited who are to respond, including through account for a likely change in the to the first 120 people; once registration the use of appropriate automated, participating sites, to reduce the is complete you shall receive a electronic, mechanical, or other estimated burden, and to eliminate confirmation email. technological collection techniques or ineffective sample weighting analyses. All participants are required to check other forms of information technology, Reducing foodborne illness first in with Security upon arriving at the e.g., permitting electronic submission of requires identification and GSA Central Office Building, 1800 F responses; and (e) Assess information understanding of the environmental Street NW., Washington, DC 20405. A collection costs. factors that cause these illnesses. We government-issued ID is required to gain To request additional information on need to know how and why food access into the building. All participants the proposed project or to obtain a copy becomes contaminated with foodborne must enter through the main entrance of the information collection plan and illness pathogens. This information can located on 18th Street. instruments, call (404) 639–7570 or then be used to determine effective food Proceed through Security and follow send an email to [email protected]. Written safety prevention methods. The purpose the posted signs to the Conference comments and/or suggestions regarding of this food safety research program is Center, Rooms 1459–1461. the items contained in this notice to identify and understand
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environmental factors associated with food establishments per site. Thus, there For each data collection, we will foodborne illness and outbreaks. will be approximately 376 recruit a worker from each participating Environmental factors associated with establishments per data collection (an establishment to provide interview/ foodborne illness include both food estimated 8 sites X 47 establishments). assessment data. Each worker will safety practices (e.g., inadequate We expect a manager/establishment respond to the recruiting script only cleaning practices) and the factors in the response rate of approximately 60 once for approximately three minutes. environment associated with those percent; thus, we will need to attempt Thus, the maximum burden for the practices (e.g., worker and retail food to recruit 627 managers/establishments worker recruiting attempts will be 19 establishment characteristics). To via telephone in order to meet our goal hours. We expect a worker response rate understand these factors, we need to of 376 establishments. Each manager of 90 percent (339 workers). Each continue to collect data from those who will respond to the recruiting script worker will respond only once for prepare food (i.e., food workers) and on only once for approximately three the environments in which the food is minutes. Thus, the maximum burden for approximately 10 minutes. Thus, the prepared (i.e., retail food establishment the manager recruiting attempts will be maximum burden for the worker kitchens). Thus, data collection methods 31 hours. We will collect interview/ interview/assessment will be 57 hours. for this generic package include: (1) assessment data from a manager in each In total, the average burden per worker manager and worker interviews/ establishment. Each manager will response will be 88 hours (19 hours for assessments, and (2) observation of respond only once for approximately 30 recruiting plus 57 hours for the kitchen environments. Both methods minutes. Thus, the maximum burden for interview/assessment). allow data collection on food safety the manager interview/assessment will There is no cost to respondents other practices and environmental factors be 188. In total, the average burden for than their time. The total estimated associated with those practices. managers will be 219 hours (31 hours annual burden for each data collection For each data collection, we will for recruiting plus 188 hours for the will be 295 hours. collect data in approximately 47 retail interview/assessment).
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)
Retail managers ...... Manager Telephone Recruiting Script ...... 627 1 3/60 Retail managers ...... Manager Interview/Assessment ...... 376 1 30/60 Retail food workers ...... Worker Recruiting Script ...... 376 1 3/60 Retail food workers ...... Worker Interview/Assessment ...... 339 1 10/60
Leroy A. Richardson, information, including each proposed OMB, Office of Information and Chief, Information Collection Review Office, extension or reinstatement of an existing Regulatory Affairs, Office of Scientific Integrity, Office of the collection of information, and to allow Attention: CMS Desk Officer, Associate Director for Science, Office of the a second opportunity for public Fax Number: (202) 395–5806 OR Director, Centers for Disease Control and comment on the notice. Interested Email: OIRA_submission@ Prevention. persons are invited to send comments omb.eop.gov. [FR Doc. 2015–09785 Filed 4–27–15; 8:45 am] regarding the burden estimate or any To obtain copies of a supporting BILLING CODE 4163–18–P other aspect of this collection of statement and any related forms for the information, including any of the proposed collection(s) summarized in following subjects: (1) The necessity and this notice, you may make your request DEPARTMENT OF HEALTH AND utility of the proposed information using one of following: HUMAN SERVICES collection for the proper performance of 1. Access CMS’ Web site address at Centers for Medicare & Medicaid the agency’s functions; (2) the accuracy http://www.cms.hhs.gov/ Services of the estimated burden; (3) ways to PaperworkReductionActof1995. enhance the quality, utility, and clarity 2. Email your request, including your [Document Identifier: CMS–10433] of the information to be collected; and address, phone number, OMB number, (4) the use of automated collection and CMS document identifier, to Agency Information Collection techniques or other forms of information [email protected]. Activities: Submission for OMB technology to minimize the information 3. Call the Reports Clearance Office at Review; Comment Request collection burden. (410) 786–1326. DATES: Comments on the collection(s) of FOR FURTHER INFORMATION CONTACT: ACTION: Notice. information must be received by the Reports Clearance Office at (410) 786– SUMMARY: The Centers for Medicare & OMB desk officer by May 28, 2015: 1326. Medicaid Services (CMS) is announcing ADDRESSES: When commenting on the SUPPLEMENTARY INFORMATION: Under the an opportunity for the public to proposed information collections, Paperwork Reduction Act of 1995 (PRA) comment on CMS’ intention to collect please reference the document identifier (44 U.S.C. 3501–3520), federal agencies information from the public. Under the or OMB control number. To be assured must obtain approval from the Office of Paperwork Reduction Act of 1995 consideration, comments and Management and Budget (OMB) for each (PRA), federal agencies are required to recommendations must be received by collection of information they conduct publish notice in the Federal Register the OMB desk officer via one of the or sponsor. The term ‘‘collection of concerning each proposed collection of following transmissions: information’’ is defined in 44 U.S.C.
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3502(3) and 5 CFR 1320.3(c) and regarding this collection contact Jaya to find the information collection includes agency requests or Ghildiyal at 301–492–5149.) document(s) that are accepting requirements that members of the public Dated: April 23, 2015. comments. submit reports, keep records, or provide William N. Parham, III, 2. By regular mail. You may mail information to a third party. Section Director, Paperwork Reduction Staff, Office written comments to the following 3506(c)(2)(A) of the PRA (44 U.S.C. of Strategic Operations and Regulatory address: 3506(c)(2)(A)) requires federal agencies Affairs. CMS, Office of Strategic Operations to publish a 30-day notice in the [FR Doc. 2015–09849 Filed 4–27–15; 8:45 am] and Regulatory Affairs, Division of Federal Register concerning each BILLING CODE 4120–01–P Regulations Development, Attention: proposed collection of information, Document Identifier/OMB Control including each proposed extension or Number llllll, Room C4–26–05, reinstatement of an existing collection DEPARTMENT OF HEALTH AND 7500 Security Boulevard, Baltimore, of information, before submitting the HUMAN SERVICES Maryland 21244–1850. collection to OMB for approval. To To obtain copies of a supporting comply with this requirement, CMS is Centers for Medicare & Medicaid statement and any related forms for the publishing this notice that summarizes Services proposed collection(s) summarized in the following proposed collection(s) of [Document Identifier CMS–10488] this notice, you may make your request information for public comment: using one of following: 1. Type of Information Collection Agency Information Collection 1. Access CMS’ Web site address at Request: Extension of a currently Activities: Proposed Collection; http://www.cms.hhs.gov/ approved collection; Title of Comment Request PaperworkReductionActof1995. Information Collection: Initial Plan Data 2. Email your request, including your AGENCY: Centers for Medicare & Collection to Support Qualified Health address, phone number, OMB number, Medicaid Services, HHS. Plan (QHP) Certification and Other and CMS document identifier, to Financial Management and Exchange ACTION: Notice. [email protected]. Operations; Use: As required by the SUMMARY: The Centers for Medicare & 3. Call the Reports Clearance Office at CMS–9989–F, Patient Protection and (410) 786–1326. Affordable Care Act; Establishment of Medicaid Services (CMS) is announcing FOR FURTHER INFORMATION CONTACT: Exchanges and Qualified Health Plans; an opportunity for the public to Exchange Standards for Employers (77 comment on CMS’ intention to collect Reports Clearance Office at (410) 786– FR 18310) (Exchange Establishment information from the public. Under the 1326. Paperwork Reduction Act of 1995 (the Rule), each Exchange must assume SUPPLEMENTARY INFORMATION: responsibilities related to the PRA), federal agencies are required to Contents certification and offering of Qualified publish notice in the Federal Register concerning each proposed collection of Health Plans (QHPs). In addition to data This notice sets out a summary of the information (including each proposed collection for the certification of QHPs, use and burden associated with the extension or reinstatement of an existing the reinsurance and risk adjustment following information collections. More collection of information) and to allow programs outlined by the Affordable detailed information can be found in 60 days for public comment on the Care Act, detailed in 45 CFR part 153, each collection’s supporting statement proposed action. Interested persons are as established by CMS–9975–F, Patient and associated materials (see invited to send comments regarding our Protection and Affordable Care Act; ADDRESSES). Standards for Reinsurance, Risk burden estimates or any other aspect of CMS–10488—Health Insurance Corridors, and Risk Adjustment (77 FR this collection of information, including Marketplace Consumer Experience 17220), have general information any of the following subjects: (1) The Surveys: Qualified Health Plan Enrollee reporting requirements that apply to necessity and utility of the proposed Experience Survey issuers, group health plans, third party information collection for the proper performance of the agency’s functions; administrators, and plan offerings Under the PRA (44 U.S.C. 3501– (2) the accuracy of the estimated outside of the Exchanges. Subsequent 3520), federal agencies must obtain burden; (3) ways to enhance the quality, regulations for these programs including approval from the Office of Management utility, and clarity of the information to the final HHS Notice of Benefit and and Budget (OMB) for each collection of be collected; and (4) the use of Payment Parameters for 2014 and the information they conduct or sponsor. automated collection techniques or Program Integrity: Exchange, Premium The term ‘‘collection of information’’ is other forms of information technology to Stabilization Programs, and Market defined in 44 U.S.C. 3502(3) and 5 CFR minimize the information collection Standards; Amendments to the HHS 1320.3(c) and includes agency requests burden. Notice of Benefit and Payment or requirements that members of the Parameters for 2014, and the final HHS DATES: Comments must be received by public submit reports, keep records, or Notice of Benefit and Payment June 29, 2015. provide information to a third party. Parameters for 2015 provide further ADDRESSES: When commenting, please Section 3506(c)(2)(A) of the PRA reporting requirements. Form Number: reference the document identifier or requires federal agencies to publish a CMS–10433 (OMB control number OMB control number. To be assured 60-day notice in the Federal Register 0938–1187); Frequency: Once; Affected consideration, comments and concerning each proposed collection of Public: Individuals and Households, recommendations must be submitted in information, including each proposed Private sector (Business or other for- any one of the following ways: extension or reinstatement of an existing profits and Not-for-profit institutions), 1. Electronically. You may send your collection of information, before State, Local or Tribal Governments; comments electronically to http:// submitting the collection to OMB for Number of Respondents: 900; Total www.regulations.gov. Follow the approval. To comply with this Annual Responses: 900; Total Annual instructions for ‘‘Comment or requirement, CMS is publishing this Hours: 150. (For policy questions Submission’’ or ‘‘More Search Options’’ notice.
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Information Collection helped determine psychometric During this session, members will 1. Type of Information Collection properties and provided an initial discuss next steps regarding National Request: Revision of a currently measure of performance for HIV/AIDS Strategy goals. On the second approved collection. Title of Marketplaces and QHPs to use for day of the meeting, PACHA will hear Information Collection: Health quality improvement. Based on from key expert speakers regarding the Insurance Marketplace Consumer psychometric test results, CMS further Hepatitis C virus and barriers to care. Experience Surveys: Qualified Health refined the questionnaires and sampling The meeting will be open to the public. Plan Enrollee Experience Survey; Use: designs to conduct the 2015 beta test of DATES: The meeting will be held on May Section 1311(c)(4) of the Affordable each survey. CMS requests clearance for 21, 2015, from 9:00 a.m. to Care Act (ACA) requires the Department the national implementation of the QHP approximately 5:00 p.m. (ET) and May of Health and Human Services (HHS) to Enrollee Survey, beginning in 2016. The 22, 2015, from 9:00 a.m. to develop an enrollee satisfaction survey total estimated annual burden hours of approximately 12:30 p.m. (ET). system that assesses consumer national implementation of the QHP ADDRESSES: On May 21, the meeting experience with qualified health plans Enrollee Survey is 39,623 hours with will be held at the W Downtown Hotel (QHPs) offered through an Exchange. It 120,015 responses. The total annualized located at 45 Ivan Allen Jr Blvd., also requires public display of enrollee burden over three years for this Atlanta, GA 30308. On May 22, the satisfaction information by the requested information collection is meeting will be held at the Satcher Exchange to allow individuals to easily 118,869 hours and the total average Health Leadership Institute at the compare enrollee satisfaction levels annualized number of responses is Morehouse School of Medicine located between comparable plans. HHS 360,045 responses. Form Number: at 720 Westview Drive, Atlanta, GA, established the Marketplace Survey and CMS–10488 (0938–1221); Frequency: 30310. Annually; Affected Public: Individuals the QHP Enrollee Experience Survey FOR FURTHER INFORMATION CONTACT: Ms. and Households, Private sector (QHP Enrollee Survey) to assess Caroline Talev, Public Health Analyst, consumer experience with the (Business or other for-profits and Not- Presidential Advisory Council on HIV/ Marketplaces and the QHPs offered for-profit institutions; Number of AIDS, U.S. Department of Health and through the Marketplaces. The surveys Respondents: 120,015; Total Annual Human Services, 200 Independence include topics to assess consumer Responses: 120,015; Total Annual Avenue SW., Room 443H, Washington, experience with the Marketplace such Hours: 39,623 hours. (For policy DC 20201; (202) 205–1178. More as enrollment and customer service, as questions regarding this collection detailed information about PACHA can well as experience with the health care contact Nidhi Singh Shah at 301–492– be obtained by accessing the PACHA system such as communication skills of 5110.) Web page on the AIDS.Gov Web site at providers and ease of access to health Dated: April 23, 2015. www.aids.gov/pacha. care services. CMS developed the William N. Parham, III, SUPPLEMENTARY INFORMATION: PACHA surveys using the Consumer Assessment Director, Paperwork Reduction Staff, Office was established by E. O. 12963, dated of Health Providers and Systems of Strategic Operations and Regulatory June 14, 1995 as amended by E. O. (CAHPS®) principles (http:// Affairs. 13009, dated June 14, 1996. The Council www.cahps.ahrq.gov/about.htm) and [FR Doc. 2015–09850 Filed 4–27–15; 8:45 am] was established to provide advice, established an application and approval BILLING CODE 4120–01–P information, and recommendations to process for survey vendors who want to the Secretary regarding programs and participate in collecting QHP enrollee policies to promote effective prevention experience data. DEPARTMENT OF HEALTH AND and cure of HIV disease and AIDS. The The Marketplace Survey will provide HUMAN SERVICES functions of the Council are solely (1) actionable information that the advisory in nature. Marketplaces can use to improve Meeting of the Presidential Advisory The Council consists of not more than performance, (2) information that CMS Council on HIV/AIDS 25 members. Council members are and state regulatory organizations can AGENCY: Department of Health and selected from prominent community use for oversight, and (3) a longitudinal Human Services, Office of the Secretary, leaders with particular expertise in, or database for future Marketplace Office of the Assistant Secretary for knowledge of, matters concerning HIV ® research. The CAHPS family of Health. and AIDS, public health, global health, instruments does not have a survey that ACTION: Notice. philanthropy, marketing or business, as assesses entities similar to well as other national leaders held in Marketplaces, so the Marketplace SUMMARY: As stipulated by the Federal high esteem from other sectors of Survey items were generated by the Advisory Committee Act, the U.S. society. Council members are appointed project team. The QHP Enrollee Survey, Department of Health and Human by the Secretary or designee, in which is based on the CAHPS® Health Service is hereby giving notice that the consultation with the White House Plan Survey, will (1) help consumers Presidential Advisory Council on HIV/ Office on National AIDS Policy. The choose among competing health plans, AIDS (PACHA) will be holding a agenda for the upcoming meeting will (2) provide actionable information that meeting to continue discussions and be posted on the AIDS.gov Web site at the QHPs can use to improve possibly develop recommendations www.aids.gov/pacha. performance, (3) provide information regarding People Living with HIV/AIDS. Public attendance at the meeting is that regulatory and accreditation PACHA will hold a joint session with limited to space available. Individuals organizations can use to regulate and the Centers for Disease Control and who plan to attend and need special accredit plans, and (4) provide a Prevention/Health Resources and assistance, such as sign language longitudinal database for consumer Services Administration Advisory interpretation or other reasonable research. Committee on HIV, Viral Hepatitis and accommodations, should notify Caroline CMS is completing two rounds of STD Prevention and Treatment. This Talev at [email protected]. Due to developmental testing for the surveys. will be the first time these advisory space constraints, pre-registration for The 2014 survey psychometric tests committees have had a joint meeting. public attendance is advisable and can
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be accomplished by contacting Caroline Dun and Bradstreet (D&B) Data Universal SUMMARY: In compliance with section Talev at [email protected] by close Numbering System (DUNS) 3506(c)(2)(A) of the Paperwork of business on May 13, 2015. Members All IHS applicants and grantee Reduction Act of 1995 (44 U.S.C. 3501 of the public will have the opportunity organizations are required to obtain a DUNS et. seq.), which requires 60 days for to provide comments at the meeting on number and maintain an active registration public comment on proposed May 21, 2015. Any individual who in the SAM database. The DUNS number is information collection projects, the wishes to participate in the public a unique 9-digit identification number Indian Health Service (IHS) invites the provided by D&B which uniquely identifies comment session must register with each entity. The DUNS number is site general public to take this opportunity Caroline Talev at [email protected] specific; therefore, each distinct performance to comment on the information by close of business on May 13, 2015; site may be assigned a DUNS number. collection Office of Management and registration for public comment will not Obtaining a DUNS number is easy, and there Budget (OMB) Control Number 0917– be accepted by telephone. Individuals is no charge. To obtain a DUNS number, 0014, titled, ‘‘IHS Loan Repayment are encouraged to provide a written please access it through http:// Program (LRP).’’ statement of any public comment(s) for fedgov.dnb.com/webform, or to expedite the This previously approved information accurate minute taking purposes. Public process, call (866) 705–5711. collection project was last published in All HHS recipients are required by the comment will be limited to two minutes the Federal Register (77 FR 27467) on Federal Funding Accountability and May 10, 2012, and allowed 30 days for per speaker. Any members of the public Transparency Act of 2006, as amended who wish to have printed material (‘‘Transparency Act’’), to report information public comment. No public comment distributed to PACHA members at the on subawards. Accordingly, all IHS grantees was received in response to the notice. meeting are asked to submit, at a must notify potential first-tier subrecipients This notice announces our intent to minimum, 1 copy of the material(s) to that no entity may receive a first-tier submit this collection, which expires Caroline Talev, no later than close of subaward unless the entity has provided its May 31, 2015, to OMB for approval of business on May 13, 2015. DUNS number to the prime grantee an extension and solicit comments on organization. This requirement ensures the specific aspects for the proposed Dated: April 16, 2015. use of a universal identifier to enhance the information collection. B. Kaye Hayes, quality of information available to the public A copy of the draft supporting pursuant to the Transparency Act. Executive Director, Presidential Advisory statement is available at Council on HIV/AIDS. System for Award Management (SAM) www.regulations.gov (see Docket ID [FR Doc. 2015–09823 Filed 4–27–15; 8:45 am] Organizations that were not registered with IHS–2015–0003). BILLING CODE 4150–43–P Central Contractor Registration (CCR) and Proposed Collection: Title: 0917– have not registered with SAM will need to 0014, ‘‘Indian Health Service Loan obtain a DUNS number first and then access Repayment Program.’’ Type of DEPARTMENT OF HEALTH AND the SAM online registration through the SAM Information Collection Request: HUMAN SERVICES home page at https://www.sam.gov (U.S. Extension of currently approved organizations will also need to provide an information collection, 0917–0014, Indian Health Service Employer Identification Number from the Internal Revenue Service that may take an ‘‘Indian Health Service Loan Repayment additional 2–5 weeks to become active). Program.’’ The LRP application is Office of Tribal Self-Governance available in an electronically fillable Program; Negotiation Cooperative Completing and submitting the registration takes approximately one hour to complete and fileable format. Form(s): The IHS Agreement; Correction and SAM registration will take 3–5 business LRP Information Booklet contains the days to process. Registration with the SAM AGENCY: Indian Health Service, HHS. instructions and the application is free of charge. Applicants may register formats. Need and Use of Information ACTION: Notice; correction. online at https://www.sam.gov. Collection: The IHS LRP identifies Additional information on implementing health professionals with pre-existing SUMMARY: The Indian Health Service the Transparency Act, including the specific published a document in the Federal requirements for DUNS and SAM, can be financial obligations for education Register on February 18, 2015, for the found on the IHS Grants Management, Grants expenses that meet program criteria and FY 2015 Office of Tribal Self- Policy Web site: https://www.ihs.go. who are qualified and willing to serve at, often remote, IHS health care Governance Program, Negotiation Dated: April 16, 2015. Cooperative Agreement Announcement. facilities. Under the program, eligible Robert McSwain, The notice contained incorrect health professionals sign a contract guidance. Acting Director, Indian Health Service. through which the IHS agrees to repay [FR Doc. 2015–09820 Filed 4–27–15; 8:45 am] part or all of their indebtedness in FOR FURTHER INFORMATION CONTACT : Mr. BILLING CODE 4160–16–P exchange for an initial two-year service Paul Gettys, Grant Systems Coordinator, commitment to practice fulltime at an Division of Grants Management, Indian eligible Indian health program. This Health Service, 801 Thompson Avenue, DEPARTMENT OF HEALTH AND program is necessary to augment the Suite TMP 360, Rockville, MD 20852, HUMAN SERVICES critically low health professional staff at Telephone (301) 443–2114. (This is not IHS health care facilities. a toll-free number.) Indian Health Service Any health professional wishing to have their health education loans repaid Correction Request for Public Comment: 60-Day; may apply to the IHS LRP. A two-year In the Federal Register of February Proposed Information Collection: contract obligation is signed by both 18, 2015, in FR Doc. 2015–03235, on Indian Health Service; Loan parties, and the individual agrees to page 8670, in the third column, from the Repayment Program (LRP) work at an eligible Indian health heading ‘‘Universal Entity Identifier AGENCY: Indian Health Service, HHS. program location and provide health (UEI) Numbering System,’’ to just before ACTION: Notice and request for services to American Indian and Alaska ‘‘V. Application Review Information,’’ comments. Request for extension of Native individuals. the correct language should read as The information collected via the on- approval. follows: line application from individuals is
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analyzed and a score is given to each whether the location is in an isolated The table below provides: Types of applicant. This score will determine area. When an applicant accepts data collection instruments, Estimated which applicants will be awarded each employment at a location, the applicant number of respondents, Number of fiscal year. The administrative scoring in turn ‘‘picks-up’’ the score of that responses per respondent, Annual system assigns a score to the geographic location. Affected Public: Individuals number of responses, Average burden location according to vacancy rates for and households. Type of Respondents: hour per response, and Total annual that fiscal year and also considers Individuals. burden hour(s).
ESTIMATED BURDEN HOURS
Average Number of Number of burden per Total annual Data collection instrument(s) respondents responses per response responses respondent (in hours) (in hours)
LRP Application ...... 816 1 1.5 1,224
There are no Capital Costs, Operating Dated: April 13, 2015. which uniquely identifies each entity. Costs, and/or Maintenance Costs to Robert G. McSwain, The DUNS number is site specific; report. Acting Director, Indian Health Service. therefore, each distinct performance site Requests For Comments: Your [FR Doc. 2015–09824 Filed 4–27–15; 8:45 am] may be assigned a DUNS number. comments and/or suggestions are BILLING CODE 4165–16–P Obtaining a DUNS number is easy, and invited on one or more of the following there is no charge. To obtain a DUNS points: number, please access it through http:// (a) Whether the information collection DEPARTMENT OF HEALTH AND fedgov.dnb.com/webform, or to expedite activity is necessary to carry out an HUMAN SERVICES the process, call (866) 705–5711. agency function; All HHS recipients are required by the (b) whether the agency processes the Indian Health Service Federal Funding Accountability and information collected in a useful and Transparency Act of 2006, as amended timely fashion; Office of Tribal Self-Governance (‘‘Transparency Act’’), to report (c) the accuracy of public burden Program; Planning Cooperative information on subawards. Accordingly, estimate (the estimated amount of time Agreement; Correction all IHS grantees must notify potential needed for individual respondents to AGENCY: Indian Health Service, HHS. first-tier subrecipients that no entity provide the requested information); may receive a first-tier subaward unless ACTION: Notice; correction. (d) whether the methodology and the entity has provided its DUNS assumptions used to determine the SUMMARY: The Indian Health Service number to the prime grantee estimates are logical; organization. This requirement ensures (e) ways to enhance the quality, published a document in the Federal the use of a universal identifier to utility, and clarity of the information Register on February 20, 2015, for the enhance the quality of information being collected; and FY 2015 Office of Tribal Self- available to the public pursuant to the (f) how the newly created online Governance Program, Planning Transparency Act. application assists the applicant Cooperative Agreement. The notice efficiently and effectively. contained incorrect guidance. System for Award Management (SAM) FOR FURTHER INFORMATION CONTACT: Mr. ADDRESSES: Submit comments to Jackie Organizations that were not registered Santiago by one of the following Paul Gettys, Grant Systems Coordinator, Division of Grants Management, Indian with Central Contractor Registration methods: (CCR) and have not registered with SAM • Mail: Jackie Santiago, Chief, Loan Health Service, 801 Thompson Avenue, Suite TMP 360, Rockville, MD 20852, will need to obtain a DUNS number first Repayment Program, 801 Thompson and then access the SAM online Avenue, TMP, STE 450, Rockville, MD Telephone (301) 443–2114. (This is not a toll-free number.) registration through the SAM home page 20852–1627. at https://www.sam.gov (U.S. • Phone: 301–443–2486. Correction organizations will also need to provide • Email: [email protected]. • Fax: 301–443–4815. In the Federal Register of February an Employer Identification Number To Request More Information On The 20, 2015, in FR Doc. 2015–03206, on from the Internal Revenue Service that Proposed Collection, Contact: Jackie page 9275, in the second column, from may take an additional 2–5 weeks to Santiago through one of the following the heading ‘‘Universal Entity Identifier become active). Completing and methods: (UEI) Numbering System,’’ to just before submitting the registration takes • Mail: Jackie Santiago, Chief, Loan ‘‘V. Application Review Information,’’ approximately one hour to complete Repayment Program, 801 Thompson the correct language should read as and SAM registration will take 3–5 Avenue, TMP, STE 450, Rockville, MD follows: business days to process. Registration with the SAM is free of charge. 20852–1627. Dun and Bradstreet (D&B) Data • Phone: 301–443–2486. Applicants may register online at Universal Numbering System (DUNS) • Email: [email protected]. https://www.sam.gov. • Fax: 301–443–4815. All IHS applicants and grantee Additional information on Comment Due Date: June 29, 2015. organizations are required to obtain a implementing the Transparency Act, Your comments regarding this DUNS number and maintain an active including the specific requirements for information collection are best assured registration in the SAM database. The DUNS and SAM, can be found on the of having full effect if received within DUNS number is a unique 9-digit IHS Grants Management, Grants Policy 60 days of the date of this publication. identification number provided by D&B Web site: https://www.ihs.gov/dgm/
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index.cfm?module=dsp_dgm_policy_ Special Emphasis Panel RFA–DK–15–001: Dated: April 22, 2015. topics. NIDDK Developmental Centers for David Clary, Interdisciplinary Centers in Benign Urology Dated: April 16, 2015. Program Analyst, Office of Federal Advisory (P20). Committee Policy. Robert McSwain, Date: June 15, 2015. [FR Doc. 2015–09779 Filed 4–27–15; 8:45 am] Acting Director, Indian Health Service. Time: 8:00 a.m. to 6:00 p.m. [FR Doc. 2015–09822 Filed 4–27–15; 8:45 am] Agenda: To review and evaluate grant BILLING CODE 4140–01–P BILLING CODE 4165–16–P applications. Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Contact Person: Najma Begum, Ph.D., HUMAN SERVICES HUMAN SERVICES Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, National Institutes of Health National Institutes of Health Room 749, 6707 Democracy Boulevard, Bethesda, MD 20892–5452, (301) 594–8894, National Toxicology Program Board of National Institute of Diabetes and [email protected]. Scientific Counselors; Announcement Digestive and Kidney Diseases; Notice Name of Committee: National Institute of of Meeting; Request for Comments of Closed Meetings Diabetes and Digestive and Kidney Diseases SUMMARY: This notice announces the Special Emphasis Panel NIDDK Ancillary next meeting of the National Toxicology Pursuant to section 10(d) of the Studies. Program (NTP) Board of Scientific Federal Advisory Committee Act, as Date: June 17, 2015. amended (5 U.S.C. App.), notice is Time: 10:00 a.m. to 11:00 a.m. Counselors (BSC). The BSC, a federally hereby given of the following meetings. Agenda: To review and evaluate grant chartered, external advisory group The meetings will be closed to the applications. composed of scientists from the public public in accordance with the Place: National Institutes of Health, Two and private sectors, will review and provisions set forth in sections Democracy Plaza, 6707 Democracy provide advice on programmatic 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Boulevard, Bethesda, MD 20892, (Telephone activities. The meeting is open to the as amended. The grant applications and Conference Call). public and registration is requested for the discussions could disclose Contact Person: Elena Sanovich, Ph.D., both attendance and oral comment and confidential trade secrets or commercial Scientific Review Officer, Review Branch, required to access the webcast. DEA, NIDDK, National Institutes of Health, property such as patentable material, Information about the meeting and Room 750, 6707 Democracy Boulevard, and personal information concerning registration will be available at http:// Bethesda, MD 20892–2542, 301–594–8886, ntp.niehs.nih.gov/go/165. individuals associated with the grant [email protected]. DATES: applications, the disclosure of which (Catalogue of Federal Domestic Assistance Meeting: June 16, 2015, begins at would constitute a clearly unwarranted Program Nos. 93.847, Diabetes, 8:30 a.m. Eastern Daylight Time (EDT) invasion of personal privacy. Endocrinology and Metabolic Research; and continues until adjournment. Name of Committee: National Institute of 93.848, Digestive Diseases and Nutrition Written Public Comment Diabetes and Digestive and Kidney Diseases Research; 93.849, Kidney Diseases, Urology Submissions: Deadline is June 2, 2015. Special Emphasis Panel Telephone Review and Hematology Research, National Institutes Registration for Meeting and/or Oral for U01 Application. of Health, HHS) Comments: Deadline is June 9, 2015. Date: May 14, 2015. Registration to view the meeting via the Time: 1:00 p.m. to 2:00 p.m. Dated: April 22, 2015. webcast is required. Agenda: To review and evaluate grant David Clary, applications and/or proposals. ADDRESSES: Meeting Location: Rodbell Program Analyst, Office of Federal Advisory Auditorium, Rall Building, National Place: National Institutes of Health, Two Committee Policy. Democracy Plaza, 6707 Democracy Institute of Environmental Health Boulevard, Bethesda, MD 20892, (Telephone [FR Doc. 2015–09780 Filed 4–27–15; 8:45 am] Sciences (NIEHS), 111 T.W. Alexander Conference Call). BILLING CODE 4140–01–P Drive, Research Triangle Park, NC Contact Person: Xiaodu Guo, MD, Ph.D., 27709. Scientific Review Officer, Review Branch, Meeting Web page: The preliminary DEA, NIDDK, National Institutes of Health, DEPARTMENT OF HEALTH AND agenda, registration, and other meeting Room 761, 6707 Democracy Boulevard, HUMAN SERVICES Bethesda, MD 20892–5452, (301) 594–4719, materials will be at http:// [email protected]. National Institutes of Health ntp.niehs.nih.gov/go/165. Name of Committee: National Institute of Webcast: The meeting will be Diabetes and Digestive and Kidney Diseases National Institute of Biomedical webcast; the URL will be provided to Special Emphasis Panel NIDDK–KUH Imaging and Bioengineering; Amended those who register for viewing. Fellowship Review. Notice of Meeting FOR FURTHER INFORMATION CONTACT: Dr. Date: June 5, 2015. Lori White, Designated Federal Officer Time: 8:00 a.m. to 7:00 p.m. Notice is hereby given of a change in Agenda: To review and evaluate grant for the BSC, Office of Liaison, Policy, applications. the meeting of the National Institute of and Review, Division of NTP, NIEHS, Place: Embassy Suites at the Chevy Chase Biomedical Imaging and Bioengineering P.O. Box 12233, K2–03, Research Pavilion, 4300 Military Road, NW., National Advisory Council, May 18, Triangle Park, NC 27709. Phone: 919– Washington, DC 20015. 9:00 a.m., The William F. Bolger Center, 541–9834, Fax: 301–480–3272, Email: Contact Person: Xiaodu Guo, MD, Ph.D., Franklin Building, Classroom 1, 9600 [email protected]. Hand Deliver/ Scientific Review Officer, Review Branch, Newbridge Drive, Potomac, MD 20854, Courier address: 530 Davis Drive, Room DEA, NIDDK, National Institutes of Health, which was published in the Federal K2124, Morrisville, NC 27560. Room 761, 6707 Democracy Boulevard, Register on March 17, 2015, 80FR13863. Bethesda, MD 20892–5452, (301) 594–4719, SUPPLEMENTARY INFORMATION: Meeting [email protected]. The meeting notice is amended to and Registration: The meeting is open to Name of Committee: National Institute of change the start time from 9:00 a.m. to the public with time scheduled for oral Diabetes and Digestive and Kidney Diseases 8:30 a.m. public comments; attendance at the
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meeting is limited only by the space topic. Each speaker is allotted at least 7 Dated: April 22, 2015. available. minutes, which if time permits, may be John R. Bucher, The BSC will provide input to the extended to 10 minutes at the discretion Associate Director, National Toxicology NTP on programmatic activities and of the BSC chair. Persons wishing to Program. issues. A preliminary agenda, roster of present oral comments should register [FR Doc. 2015–09775 Filed 4–27–15; 8:45 am] BSC members, background materials, on the BSC meeting Web site by June 9, BILLING CODE 4140–01–P public comments, and any additional 2015, indicate whether they will present information, when available, will be comments in-person or via the posted on the BSC meeting Web site teleconference line, and indicate the DEPARTMENT OF HEALTH AND (http://ntp.niehs.nih.gov/go/165) or may HUMAN SERVICES topic(s) on which they plan to comment. be requested in hardcopy from the Designated Federal Officer for the BSC. The access number for the National Institutes of Health Following the meeting, summary teleconference line will be provided to minutes will be prepared and made registrants by email prior to the meeting. National Cancer Institute; Notice of available on the BSC meeting Web site. On-site registration for oral comments Closed Meetings will also be available on the meeting The public may attend the meeting in Pursuant to section 10(d) of the person or view the webcast. Registration day, although time allowed for Federal Advisory Committee Act, as is required to view the webcast; the URL comments by these registrants may be amended (5 U.S.C. App.), notice is for the webcast will be provided in the limited and will be determined by the hereby given of the following meetings. email confirming registration. number of persons who register at the The meetings will be closed to the Individuals who plan to provide oral meeting. public in accordance with the comments (see below) are encouraged to Persons registering to make oral provisions set forth in sections 552b(c) register online at the BSC meeting Web comments are asked to send a copy of (4) and 552b(c) (6), Title 5 U.S.C., as site (http://ntp.niehs.nih.gov/go/165) by their statement and/or PowerPoint amended. The grant applications and June 9, 2015, to facilitate planning for slides to the Designated Federal Officer the discussions could disclose the meeting. Individuals interested in confidential trade secrets or commercial this meeting are encouraged to access by June 9, 2015. Written statements can supplement and may expand upon the property such as patentable material, the Web site to stay abreast of the most and personal information concerning current information regarding the oral presentation. If registering on-site and reading from written text, please individuals associated with the grant meeting. Visitor and security applications, the disclosure of which bring 20 copies of the statement for information for those attending in- would constitute a clearly unwarranted distribution to the BSC and NTP staff person is available at niehs.nih.gov/ invasion of personal privacy. about/visiting/index.cfm. Individuals and to supplement the record. Name of Committee: National Cancer with disabilities who need Background Information on the BSC: accommodation to participate in this Institute Special Emphasis Panel The BSC is a technical advisory body Quantitative Imaging for Evaluation of event should contact Dr. White at comprised of scientists from the public Response to Cancer Therapies (U01). phone: (919) 541–9834 or email: and private sectors that provides Date: May 13, 2015. [email protected]. TTY users primary scientific oversight to the NTP. Time: 10:30 a.m. to 5:00 p.m. should contact the Federal TTY Relay Agenda: To review and evaluate grant Specifically, the BSC advises the NTP Service at 800–877–8339. Requests applications. should be made at least five business on matters of scientific program content, Place: National Cancer Institute Shady days in advance of the event. both present and future, and conducts Grove, 9609 Medical Center Drive, Room Request for Comments: Written periodic review of the program for the 5W032, Rockville, MD 20850, (Telephone comments submitted in response to this purpose of determining and advising on Conference Call). the scientific merit of its activities and Contact Person: Gerald G. Lovinger, Ph.D., notice should be received by June 2, Scientific Review Officer, 9609 Medical 2015. Comments will be posted on the their overall scientific quality. Its Center Drive, Room 7W266, Research BSC meeting Web site and persons members are selected from recognized Technology and Contract Review Branch, submitting them will be identified by authorities knowledgeable in fields such Division of Extramural Activities, National their name and affiliation and/or as toxicology, pharmacology, pathology, Cancer Institute, NIH, Bethesda, MD 20892– sponsoring organization, if applicable. biochemistry, epidemiology, risk 9750, (240) 276–6385, [email protected]. Persons submitting written comments assessment, carcinogenesis, This notice is being published less than 15 should include their name, affiliation (if mutagenesis, molecular biology, days prior to the meeting due to the timing limitations imposed by the review and applicable), phone, email, and behavioral toxicology, neurotoxicology, sponsoring organization (if any) with funding cycle. immunotoxicology, reproductive Name of Committee: National Cancer the document. toxicology or teratology, and Institute Special Emphasis Panel NCI Time is allotted during the meeting biostatistics. Members serve overlapping Omnibus R03 & R21 SEP–2. for the public to present oral comments terms of up to four years. The BSC Date: June 1–2, 2015. to the BSC on the agenda topics. Public usually meets biannually. The authority Time: 8:00 a.m. to 2:00 p.m. comments can be presented in-person at Agenda: To review and evaluate grant the meeting or by teleconference line. for the BSC is provided by 42 U.S.C. applications. There are 50 lines for this call; 217a, section 222 of the Public Health Place: Ritz-Carlton Hotel, 1700 Tysons availability is on a first-come, first- Service Act (PHS), as amended. The Boulevard, McLean, VA 22102. served basis. The lines will be open BSC is governed by the provisions of the Contact Person: Eun Ah Cho, Ph.D., Scientific Review Officer, Special Review from 8:30 until adjournment, although Federal Advisory Committee Act, as amended (5 U.S.C. app.), which sets Branch, Division of Extramural Activities, the BSC will receive public comments National Cancer Institute, NIH, 9609 Medical only during the formal public comment forth standards for the formation and Center Drive, 7W104, Bethesda, MD 20892– periods, which are indicated on the use of advisory committees. 9750, 240–276–6342, [email protected]. preliminary agenda. Each organization (Catalogue of Federal Domestic Assistance is allowed one time slot per agenda Program Nos. 93.392, Cancer Construction;
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93.393, Cancer Cause and Prevention Contact Person: William C. Benzing, Ph.D., Agenda: To review and evaluate grant Research; 93.394, Cancer Detection and Scientific Review Officer, Scientific Review applications. Diagnosis Research; 93.395, Cancer Branch, Division of Extramural Research, Place: National Institutes of Health, 5601 Treatment Research; 93.396, Cancer Biology NINDS/NIH/DHHS/Neuroscience Center, Fishers Lane, Rockville, MD 20852, Research; 93.397, Cancer Centers Support; 6001 Executive Boulevard, Suite 3208, MSC (Telephone Conference Call). 93.398, Cancer Research Manpower; 93.399, 9529, Bethesda, MD 20892–9529, 301–496– Contact Person: Susana Mendez, Ph.D., Cancer Control, National Institutes of Health, 0660, [email protected]. DVM, Scientific Review Officer, Scientific HHS) Name of Committee: National Institute of Review Program, DEA/NIAID/NIH/DHHS, 5601 Fishers Lane, Room 3G53B, MSC 9823, Dated: April 22, 2015. Neurological Disorders and Stroke Special Emphasis Panel, NIH–NINDS BRAIN Rockville, MD 20852, 240–669–5059, Melanie J. Gray, Initiative (005) Review. [email protected]. Program Analyst, Office of Federal Advisory Date: June 22–23, 2015. (Catalogue of Federal Domestic Assistance Committee Policy. Time: 8:00 a.m. to 6:00 p.m. Program Nos. 93.855, Allergy, Immunology, [FR Doc. 2015–09777 Filed 4–27–15; 8:45 am] Agenda: To review and evaluate grant and Transplantation Research; 93.856, BILLING CODE 4140–01–P applications. Microbiology and Infectious Diseases Place: Bethesda North Marriott Hotel & Research, National Institutes of Health, HHS) Conference Center, 5701 Marinelli Road, Dated: April 22, 2015. Bethesda, MD 20852. DEPARTMENT OF HEALTH AND David Clary, HUMAN SERVICES Contact Person: Raul A. Saavedra, Ph.D., Scientific Review Officer, Scientific Review Program Analyst, Office of Federal Advisory National Institutes of Health Branch, Division of Extramural Research, Committee Policy. NINDS/NIH/DHHS/Neuroscience Center, [FR Doc. 2015–09781 Filed 4–27–15; 8:45 am] 6001 Executive Boulevard, Suite 3208, MSC National Institute of Neurological BILLING CODE 4140–01–P Disorders and Stroke; Notice of Closed 9529, Bethesda, MD 20892–9529, 301–496– 9223, [email protected] Meetings (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Program Nos. 93.853, Clinical Research HUMAN SERVICES Federal Advisory Committee Act, as Related to Neurological Disorders; 93.854, amended (5 U.S.C. App.), notice is Biological Basis Research in the National Institutes of Health hereby given of the following meetings. Neurosciences, National Institutes of Health, The meetings will be closed to the HHS) National Center for Complementary & Integrative Health; Notice of Meeting public in accordance with the Dated: April 22, 2015. provisions set forth in sections Carolyn Baum, Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program Analyst, Office of Federal Advisory Federal Advisory Committee Act, as as amended. The grant applications and Committee Policy. amended (5 U.S.C. App.), notice is the discussions could disclose [FR Doc. 2015–09778 Filed 4–27–15; 8:45 am] hereby given of a meeting of the confidential trade secrets or commercial BILLING CODE 4140–01–P National Advisory Council for property such as patentable material, Complementary and Integrative Health. and personal information concerning The meeting will be open to the individuals associated with the grant DEPARTMENT OF HEALTH AND public as indicated below, with applications, the disclosure of which HUMAN SERVICES attendance limited to space available. would constitute a clearly unwarranted Individuals who plan to attend and invasion of personal privacy. National Institutes of Health need special assistance, such as sign Name of Committee: National Institute of language interpretation or other Neurological Disorders and Stroke Special National Institute of Allergy and reasonable accommodations, should Emphasis Panel, Chronic Traumatic Infectious Diseases; Notice of Closed notify the Contact Person listed below Encephalopathy SEP. Meeting in advance of the meeting. Date: April 30, 2015. The meeting will be closed to the Time: 1:00 p.m. to 5:00 p.m. Pursuant to section 10(d) of the Agenda: To review and evaluate Federal Advisory Committee Act, as public in accordance with the cooperative agreement applications. amended (5 U.S.C. App.), notice is provisions set forth in sections Place: National Institutes of Health, hereby given of the following meeting. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Neuroscience Center, 6001 Executive The meeting will be closed to the as amended. The grant applications and Boulevard, Rockville, MD 20852, (Telephone the discussions could disclose Conference Call). public in accordance with the provisions set forth in sections confidential trade secrets or commercial Contact Person: Shanta Rajaram, Ph.D., property such as patentable material, Scientific Review Officer, Scientific Review 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and and personal information concerning Branch, Division of Extramural Research, individuals associated with the grant NINDS/NIH/DHHS/Neuroscience Center, the discussions could disclose 6001 Executive Boulevard, Suite 3208, MSC confidential trade secrets or commercial applications, the disclosure of which 9529, Bethesda, MD 20892–9529, 301–435– property such as patentable material, would constitute a clearly unwarranted 6033, [email protected]. and personal information concerning invasion of personal privacy. Name of Committee: National Institute of individuals associated with the grant Name of Committee: National Advisory Neurological Disorders and Stroke Special applications, the disclosure of which Council for Complementary and Integrative Emphasis Panel, NINDS P01 REVIEWS. would constitute a clearly unwarranted Health. Date: May 4, 2015. Date: June 5, 2015. Time: 1:00 p.m. to 5:00 p.m. invasion of personal privacy. Closed: 8:30 a.m. to 10:15 a.m. Agenda: To review and evaluate grant Name of Committee: National Institute of Agenda: To review and evaluate grant applications. Allergy and Infectious Diseases Special applications. Place: National Institutes of Health, Emphasis Panel NIAID Investigator Initiated Place: National Institutes of Health, Neuroscience Center, 6001 Executive Program Project Applications (P01). Building 31, Conference Room 10, 31 Center Boulevard, Rockville, MD 20852, (Telephone Date: May 20, 2015. Drive, Bethesda, MD 20892. Conference Call). Time: 11:00 a.m. to 3:00 p.m. Open: 10:30 a.m. to 4:00 p.m.
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Agenda: Report from the Institute Director with the Paperwork Reduction Act of whether the information will have and other staff. 1995. The information collection notice practical utility; Place: National Institutes of Health, was previously published in the Federal (2) Evaluate the accuracy of the Building 31, Conference Room 10, 31 Center Register on February 24, 2015 at 80 FR agency’s estimate of the burden of the Drive, Bethesda, MD 20892. Contact Person: Martin H. Goldrosen, 9741, allowing for a 60-day public proposed collection of information, Ph.D., Director, Division of Extramural comment period. USCIS did receive including the validity of the Activities, National Center for comments in connection with the 60- methodology and assumptions used; Complementary and Integrative Health, NIH, day notice. (3) Enhance the quality, utility, and 6707 Democracy Blvd., Ste. 401, Bethesda, DATES: The purpose of this notice is to clarity of the information to be MD 20892–5475, (301) 594–2014, goldrosm@ allow an additional 30 days for public collected; and mail.nih.gov. comments. Comments are encouraged (4) Minimize the burden of the Any interested person may file written and will be accepted until May 28, collection of information on those who comments with the committee by forwarding 2015. This process is conducted in are to respond, including through the the statement to the Contact Person listed on use of appropriate automated, this notice. The statement should include the accordance with 5 CFR 1320.10. name, address, telephone number and when ADDRESSES: Written comments and/or electronic, mechanical, or other applicable, the business or professional suggestions regarding the item(s) technological collection techniques or affiliation of the interested person. contained in this notice, especially other forms of information technology, In the interest of security, NIH has regarding the estimated public burden e.g., permitting electronic submission of instituted stringent procedures for entrance and associated response time, must be responses. onto the NIH campus. All visitor vehicles, directed to the OMB USCIS Desk Officer Overview of This Information including taxicabs, hotel, and airport shuttles _ will be inspected before being allowed on via email at oira submission@ Collection campus. Visitors will be asked to show one omb.eop.gov. Comments may also be submitted via fax at (202) 395–5806. All (1) Type of Information Collection form of identification (for example, a Request: Revision of a Currently government-issued photo ID, driver’s license, submissions received must include the or passport) and to state the purpose of their agency name and the OMB Control Approved Collection. visit. Number 1615–0038. (2) Title of the Form/Collection: Information is also available on the You may wish to consider limiting the Petition to Remove the Conditions on Institute’s/Center’s home page: amount of personal information that you Residence. nccam.nih.gov/about/naccam/, where an provide in any voluntary submission (3) Agency form number, if any, and agenda and any additional information for the applicable component of the DHS the meeting will be posted when available. you make. For additional information please read the Privacy Act notice that sponsoring the collection: I–751; USCIS. (Catalogue of Federal Domestic Assistance (4) Affected public who will be asked Program Nos. 93.213, Research and Training is available via the link in the footer of http://www.regulations.gov. or required to respond, as well as a brief in Complementary and Alternative Medicine, abstract: Primary: Individuals or FOR FURTHER INFORMATION CONTACT: National Institutes of Health, HHS) households. This form is used by USCIS USCIS, Office of Policy and Strategy, to verify the petitioner’s status and Dated: April 22, 2015. Regulatory Coordination Division, Laura determine whether the conditional Michelle Trout, Dawkins, Chief, 20 Massachusetts resident is eligible to have his or her Program Analyst, Office of Federal Advisory Avenue NW., Washington, DC 20529– status removed. Committee Policy. 2140, Telephone number 202–272–8377 (5) An estimate of the total number of [FR Doc. 2015–09776 Filed 4–27–15; 8:45 am] (comments are not accepted via respondents and the amount of time BILLING CODE 4140–01–P telephone message). Please note contact estimated for an average respondent to information provided here is solely for respond: The estimated total number of questions regarding this notice. It is not respondents for the information for individual case status inquiries. DEPARTMENT OF HOMELAND collection I–751 is 140,513 and the Applicants seeking information about SECURITY estimated hour burden per response is the status of their individual cases can 3.333 hours. The estimated total number U.S. Citizenship and Immigration check Case Status Online, available at of respondents for the biographic Services the USCIS Web site at http:// processing is 140,513 and the estimated www.uscis.gov, or call the USCIS [OMB Control Number 1615–0038] hour burden per response is 1.17 hours. National Customer Service Center at (6) An estimate of the total public 800–375–5283 (TTY 800–767–1833). Agency Information Collection burden (in hours) associated with the Activities: Petition To Remove the SUPPLEMENTARY INFORMATION: collection: The total estimated annual Conditions on Residence, Form I–751; Comments hour burden associated with this Revision of a Currently Approved collection is 797,130 hours. You may access the information Collection (7) An estimate of the total public collection instrument with instructions, burden (in cost) associated with the AGENCY: U.S. Citizenship and or additional information by visiting the collection: The estimated total annual Immigration Services, Department of Federal eRulemaking Portal site at: cost burden associated with this Homeland Security. http://www.regulations.gov and enter collection of information is $16,644,320. ACTION: 30-day notice. USCIS–2009–0008 in the search box. Written comments and suggestions from Dated: April 16, 2015. SUMMARY: The Department of Homeland the public and affected agencies should Laura Dawkins, Security (DHS), U.S. Citizenship and address one or more of the following Chief, Regulatory Coordination Division, Immigration Services (USCIS) will be four points: Office of Policy and Strategy, U.S. Citizenship submitting the following information (1) Evaluate whether the proposed and Immigration Services, Department of collection request to the Office of collection of information is necessary Homeland Security. Management and Budget (OMB) for for the proper performance of the [FR Doc. 2015–09294 Filed 4–27–15; 8:45 am] review and clearance in accordance functions of the agency, including BILLING CODE 9111–97–P
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DEPARTMENT OF HOUSING AND A. Overview of Information Collection funds for eligible costs at intervals URBAN DEVELOPMENT Title of Information Collection: within the grant term. The modified Service Coordinators in Multifamily form and submission schedule are [Docket No. FR–5835–C–05] Housing. designed to reduce burden and collect valid and relevant data. 60-Day Notice of Proposed Information OMB Approval Number: 2502–0447. Type of Request: Revision of a Collection: Service Coordinators in HUD proposes to substitute the currently approved collection. Multifamily Housing revised form HUD–50080–SCMF for the Form Numbers: HUD–2530, HUD– SF–425, ‘‘Federal Financial Report.’’ AGENCY: Office of the Assistant 92456, HUD–92456–G, HUD–50080– The SF–425 does not provide HUD with Secretary for Housing—Federal Housing SCMF, HUD–91186, HUD–91186–A, any data that is not already available in Commissioner, HUD. SF–424, SF–424-Supp, HUD–2880, SF– LOCCS or that will be reported in the LLL, SF–425. ACTION: Correction, Notice. revised HUD–50080–SCMF. The revised Description of the need for the HUD–50080–SCMF provides the most SUMMARY: This document corrects the information and proposed use: essential information HUD needs to document HUD published on April 14, This request seeks approval for the determine whether federal funds have 2015 at 80 FR 20005. HUD is seeking following items: been used properly. 1. Revision of form HUD–50080– approval from the Office of Management Respondents: Multifamily Housing and Budget (OMB) for the information SCMF; 2. Elimination of the standard form assisted housing owners. collection described below. In (SF) 425 ‘‘Federal Financial Report’’ and accordance with the Paperwork Estimated Number of Respondents: form HUD–96010 ‘‘Logic Model’’ for Reduction Act, HUD is requesting 7,770. Service Coordinator in Multifamily comment from all interested parties on Estimated Number of Responses: Housing grant recipients, and 13,790. the proposed collection of information. 3. Grant application intake The purpose of this notice is to allow for submission requirements for the Frequency of Response: Semi- 60 days of public comment. Upcoming Notice of Funding annually to annually. DATES: Comments Due Date: June 29, availability (NOFA) for the Seniors and Average Hours per Response: 10.2. 2015. Services Demonstration program. The Total Estimated Burden hours: ADDRESSES: Interested persons are eligible applicant pool for this 61,060. invited to submit comments regarding demonstration will be aligned with the this proposal. Comments should refer to Service Coordinators in Multifamily B. Solicitation of Public Comment Housing program. the proposal by name and/or OMB This notice is soliciting comments Control Number and should be sent to: As a result, this request will reduce the number of respondents, responses from members of the public and affected Colette Pollard, Reports Management parties concerning the collection of Officer, QDAM, Department of Housing per annum, frequency of Responses, and total Estimated Burden hours. information described in Section A on and Urban Development, 451 7th Street the following: SW., Room 4176, Washington, DC The collection of information is 20410–5000; telephone 202–402–3400 necessary to ensure efficient and proper (1) Whether the proposed collection (this is not a toll-free number) or email use of funds for eligible activities. of information is necessary for the at [email protected] for a copy of Without this information, HUD staff proper performance of the functions of the proposed forms or other available cannot assess the need for funds and the agency, including whether the information. Persons with hearing or effectively monitor grantees’ program information will have practical utility; speech impairments may access this performance and administration. In (2) The accuracy of the agency’s number through TTY by calling the toll- addition, the information collection will estimate of the burden of the proposed free Federal Relay Service at (800) 877– assist applicants in better determining collection of information; their need for funds. The information 8339. (3) Ways to enhance the quality, will also enable grantees to more FOR FURTHER INFORMATION CONTACT: utility, and clarity of the information to For effectively evaluate their program be collected; and copies of the proposed forms and other performance; account for funds, and available information contact Carissa maintain appropriate program records. (4) Ways to minimize the burden of Janis, Office of Asset Management and Grant funds are taken to pay costs the collection of information on those Portfolio Oversight, Department of previously incurred and are obtained who are to respond; including through Housing and Urban Development, 451 through use of the electronic Line of the use of appropriate automated 7th Street SW., Washington, DC 20410 Credit Control System (eLOCCS). collection techniques or other forms of by email [email protected] Grantees are required to draw down information technology, e.g., permitting telephone at 202–402–2487. (This is not from eLOCCS monthly or quarterly. electronic submission of responses. a toll-free number.) Persons with Grantees will submit the revised form HUD encourages interested parties to hearing or speech impairments may HUD–50080–SCMF on a semi-annual submit comments in response to these access this number through TTY by basis. Grantees will complete one questions. calling the toll-free Federal Relay worksheet per draw down. Each Service at (800) 877–8339. worksheet will list every expense Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35. Copies of available documents incurred during that month or quarter. submitted to OMB may be obtained Grantees will be required to maintain Dated: April 22, 2015. from Ms. Pollard. detailed expense documentation in their Laura M. Marin, SUPPLEMENTARY INFORMATION: files. HUD may request copies of such Associate General Deputy Assistant Secretary This notice informs the public that documentation if additional program for Housing-Associate Deputy Federal HUD is seeking approval from OMB for review is warranted. Housing Commissioner. the information collection described in The data reported will allow HUD [FR Doc. 2015–09773 Filed 4–27–15; 8:45 am] section A. staff to track expenses and drawdown of BILLING CODE 4210–67–P
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DEPARTMENT OF HOUSING AND information collection for a period of 60 families to achieve goals and connect URBAN DEVELOPMENT days was published on December 29, with services that will enhance their 2014 at 79 FR 78100. employment opportunities. Families [Docket No. FR–5831–N–22] A. Overview of Information Collection accrue money in their escrow accounts 30-Day Notice of Proposed Information as they increase their earnings. To date, Title of Information Collection: Collection: Family Self Sufficiency HUD has funded two other studies of Family Self-Sufficiency Program Program Demonstration the FSS program, but neither can tell us Demonstration. how well families would have done in AGENCY: Office of the Chief Information OMB Approval Number: 2528–0296. the absence of the program. A random Officer, HUD. Type of Request: Revision of a assignment model is needed because currently approved collection. ACTION: Notice. participant self-selection into FSS limits Form Numbers: N/A. the ability to know whether program SUMMARY: HUD has submitted the Description of the need for the information and proposed use: The features rather than the characteristics proposed information collection of the participating families caused requirement described below to the Department will submit the proposed information collection to OMB for tenant income gains. Random Office of Management and Budget assignment will limit the extent to (OMB) for review, in accordance with review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. which selection bias is driving observed the Paperwork Reduction Act. The results. purpose of this notice is to allow for an Chapter 35, as amended). This notice is additional 30 days of public comment. soliciting comments from members of This demonstration will document the progress of a group of FSS DATES: Comments Due Date: May 28, the public and affected agencies 2015. concerning the proposed collection of participants from initial enrollment to information to: (1) Evaluate whether the program completion (or exit). The intent ADDRESSES: Interested persons are proposed collection of information is is to gain a deeper understanding of the invited to submit comments regarding necessary for the proper performance of program and illustrate strategies that this proposal. Comments should refer to the functions of the agency, including if assist participants to obtain greater the proposal by name and/or OMB the information will have practical economic independence. While the Control Number and should be sent to: utility; (2) Evaluate the accuracy of the main objective of FSS is stable, suitable HUD Desk Officer, Office of agency’s estimate of the burden of employment, there are many interim Management and Budget, New proposed collection of information; (3) outcomes of interest, which include: Executive Office Building, Washington, Enhance the quality, utility, and clarity getting a first job; getting a higher DC 20503; fax: 202–395–5806. Email: of the information to be collected; and paying job; self-employment/small _ OIRA [email protected]. (4) Minimize the burden of the business ownership; no longer needing FOR FURTHER INFORMATION CONTACT: collection of information on those who benefits provided under one or more Colette Pollard, Reports Management are to respond, including through the welfare programs; obtaining additional Officer, QDAM, Department of Housing use of appropriate automated collection education, whether in the form of a high and Urban Development, 451 7th Street techniques or other forms of information school diploma, higher education SW., Washington, DC 20410; email at technology, e.g., permitting electronic degree, or vocational training; buying a Colette [email protected] or telephone submission of responses. home; buying a car; setting up savings 202–402–3400. Persons with hearing or The Department is conducting this accounts; or accomplishing similar goals speech impairments may access this study under contract with MDRC and its that lead to economic independence. number through TTY by calling the toll- subcontractors (Branch Associates and Data collection referenced in this free Federal Relay Service at (800) 877– M. Davis and Company, Inc.). The notice focuses on program participation 8339. This is not a toll-free number. project is an evaluation of the Family and data will be collected for FSS Copies of available documents Self-Sufficiency Program operated at program participants only. submitted to OMB may be obtained Public Housing Agencies (PHAs) across from Ms. Pollard. the U.S. The study will use random- Respondents: 18 PHAs SUPPLEMENTARY INFORMATION: This assignment methods to evaluate the (approximately 1 staff per PHA) 1,785 notice informs the public that HUD has effectiveness of the program. FSS has Study Participants. submitted to OMB a request for operated since 1992 and serves voucher Estimation of the total number of approval of the information collection holders and residents of public housing. hours needed to prepare the information described in Section A. The FSS model is essentially case collection including number of The Federal Register notice that management plus an escrow account. respondents, frequency of response, and solicited public comment on the FSS case managers create a plan with hours of response:
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Average burden/ Information collection Number of Number responses per response Total burden hours respondents respondent (in hours)
Management Information System (MIS) .. 18 PHAs ...... 3.5 responses (assumes .83 hours (assume 50 3,809 burden (18 PHAs annual entry 2015, minutes/year). * 73 program partici- 2016, 2017, and part pants1 * 3.5 re- of 2018). sponses * .83 hours). Tracking Survey ...... 1,785 Study Partici- 2 responses (semi-an- .17 hours (assume 20 607 burden (18 PHAs * pants. nual follow-ups). minutes/year). 1,785 program partici- pants * 2 responses * .17 hours).
Total ...... 4,416 hours 1 Total sample = 2,609, of which 1,306 is in the FSS group and 1,303 are in the Control group (excluding withdrawn or ineligible participants). There is an average of 73 FSS group members per PHA (1306 FSS group members/18 PHAs).
Estimated Number of Reponses: See DEPARTMENT OF HOUSING AND Colette Pollard at Colette.Pollard@ table. URBAN DEVELOPMENT hud.gov or telephone 202–402–3400. This is not a toll-free number. Persons Frequency of Response: See table. [Docket No. FR–5841–N–01] with hearing or speech impairments Average Hours per Response: See may access this number through TTY by table. 60-Day Notice of Proposed Information Collection: Certification of calling the toll-free Federal Relay Total Estimated Burden Hours: 4,416 Consistency With Sustainable Service at (800) 877–8339. Copies of Burden Hours. Communities Planning and available documents submitted to OMB may be obtained from Ms. Pollard. Solicitation of Public Comment Implementation SUPPLEMENTARY INFORMATION: This AGENCY: Office of Strategic Planning and This notice is soliciting comments notice informs the public that HUD is Management, Grants Management and from members of the public and affected seeking approval from OMB for the Oversight Division, HUD. parties concerning the collection of information collection described in ACTION: Notice of Proposed Information information described in Section A on Section A. Collection. the following: A. Overview of Information Collection (1) Whether the proposed collection SUMMARY: HUD is seeking approval from Title of Information Collection: of information is necessary for the the Office of Management and Budget Certification of Consistency and Nexus proper performance of the functions of (OMB) for the information collection between Activities Proposed by the the agency, including whether the described below. In accordance with the Applicant with Livability Principles information will have practical utility; Paperwork Reduction Act, HUD is Advanced in Preferred Sustainability requesting comment from all interested (2) The accuracy of the agency’s Status Communities. parties on the proposed collection of OMB Approval Number: 2535–0121. estimate of the burden of the proposed information. The purpose of this notice Type of Request: Extension of collection of information; is to allow for 60 days of public currently approved collection. (3) Ways to enhance the quality, comment. Form Number: HUD–2995. Description of the need for the utility, and clarity of the information to DATES: Comments Due Date: June 29, information and proposed use: HUD be collected; and 2015. seeks grantees that envision and work (4) Ways to minimize the burden of ADDRESSES: Interested persons are toward sustainable communities, and the collection of information on those invited to submit comments regarding provides a number of strategies to do so. who are to respond; including through this proposal. Comments should refer to To receive points for this policy the use of appropriate automated the proposal by name and/or OMB priority, applicants must go beyond the collection techniques or other forms of Control Number and should be sent to: basic minimum requirements of the information technology, e.g., permitting Colette Pollard, Reports Management NOFA to which they are applying, and electronic submission of responses. Officer, QDAM, Department of Housing must commit to incorporate into their HUD encourages interested parties to and Urban Development, 451 7th Street proposed activities the appropriate submit comment in response to these SW., Room 4176, Washington, DC Livability Principles described by the questions. 20410–5000; telephone 202–402–3400 Partnership for Sustainable (this is not a toll-free number) or email Communities, which includes HUD, the Authority: Section 3507 of the Paperwork at [email protected] for a copy of Department of Transportation, and the Reduction Act of 1995, 44 U.S.C. Chapter 35. the proposed forms or other available Environmental Protection Agency. Dated: April 21, 2015. information. Persons with hearing or These activities include: metropolitan Colette Pollard, speech impairments may access this regional plans, neighborhood plans, Department Reports Management Officer, number through TTY by calling the toll- infrastructure investments, site plans, or Office of the Chief Information Officer. free Federal Relay Service at (800) 877– architectural plans, so that resulting 8339. [FR Doc. 2015–09769 Filed 4–27–15; 8:45 am] development or reuse of property takes FOR FURTHER INFORMATION CONTACT: into account the impacts of the BILLING CODE 4210–67–P Colette Pollard, Reports Management development on the community and the Officer, QDAM, Department of Housing metropolitan region, consistent with and Urban Development, 451 7th Street sustainable development as expressed SW., Washington, DC 20410; email in the Livability Principles, as follows:
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(1) Provide More Transportation (3) Enhance Economic (6) Value Communities and Choices. Competitiveness. Neighborhoods. (4) Support Existing Communities. (2) Promote equitable, affordable (5) Coordinate Policies and Leverage Respondents 11,000. housing. Investment.
Estimated Number of respondents Frequency of Number of average time Estimated annual burden responses responses (seconds)
6,540 ...... 1 (60%) 6540 60 6540 = 109 minutes. 60 new applicants ...... 1 60 60 60 seconds = 1 minute. 4,630 ...... 1 (40%) 4360 60 4360 = 73 hours. 40 new applicants ...... 1 40 60 67 seconds = 1 minute 7 seconds.
Total ...... 11,000 ...... 183 hours.
B. Solicitation of Public Comment ACTION: Notice of initiation of scoping. on the appropriate link to locate this document and submit a comment. This notice is soliciting comments SUMMARY: Pursuant to the Endangered • from members of the public and affected By hard copy: Submit by U.S. mail Species Act (ESA) and the National or hand-delivery to Public Comments parties concerning the collection of Environmental Policy Act (NEPA), we, information described in Section A on Processing, Attn: FWS–R5–ES–2014– the U.S. Fish and Wildlife Service 0050, Division of Policy, Performance, the following: (Service), announce our intent to (1) Whether the proposed collection and Management Programs; U.S. Fish prepare a NEPA document for an and Wildlife Service; 5275 Leesburg of information is necessary for the anticipated Incidental Take Permit (ITP) proper performance of the functions of Pike, Falls Church, VA 22041. application and associated draft habitat We request that you send comments the agency, including whether the conservation plan (HCP) from information will have practical utility; by only the methods above. We will Copenhagen Wind Farm, LLC for post all information received on the (2) The accuracy of the agency’s construction and operation of a wind estimate of the burden of the proposed Web site at http://www.regulations.gov. energy facility on private lands that This generally means that we will post collection of information; provide potential habitat for the (3) Ways to enhance the quality, any personal information you provide northern long-eared bat and the us (see the Public Comments section utility, and clarity of the information to federally listed endangered Indiana bat. be collected; and below for more information). The northern long-eared bat has recently FOR FURTHER INFORMATION CONTACT: (4) Ways to minimize the burden of been proposed for listing as an the collection of information on those Robyn A. Niver, by mail at U.S. Fish endangered species under the ESA. and Wildlife Service, 3817 Luker Road, who are to respond; including through Construction activities (e.g., tree the use of appropriate automated Cortland, NY 13045, or by telephone at clearing) and operation of wind turbines 607–753–9334. collection techniques or other forms of on these lands have the potential to information technology, e.g., permitting incidentally take Indiana bats and SUPPLEMENTARY INFORMATION: We electronic submission of responses. northern long-eared bats. Therefore, announce our intent to prepare a NEPA HUD encourages interested parties to Copenhagen Wind Farm, LLC is document for a pending ITP application submit comment in response to these developing an ITP application and HCP and associated draft HCP from questions. to address these activities. Copenhagen Wind Farm, LLC for Authority: Section 3507 of the Paperwork In advance of receiving the ITP construction and operation of a wind Reduction Act of 1995, 44 U.S.C. Chapter 35. application for this project, the Service energy facility on approximately 11,250 acres of leased private lands in Lewis Dated: April 21, 2015. is providing this notice to request information from other agencies, Tribes, and Jefferson Counties, New York. A Julie D. Hopkins, map depicting the proposed project on Director, Grants Management and Oversight and the public on the scope of the NEPA review and issues to consider in the the landscape can be viewed on the Division. Service’s New York Field Office Web [FR Doc. 2015–09770 Filed 4–27–15; 8:45 am] NEPA analysis and in development of the HCP. page, at http://www.fws.gov/northeast/ BILLING CODE 4210–67–P nyfo/es/ibat.htm. Dominated by active DATES: We will accept comments agricultural fields, along with received or postmarked on or before substantial blocks of forested lands and DEPARTMENT OF THE INTERIOR May 28, 2015. Comments submitted lesser amounts of successional and electronically using the Federal disturbed communities, these lands Fish and Wildlife Service eRulemaking Portal (see ADDRESSES) provide potential foraging, roosting, must be received by 11:59 p.m. Eastern maternity colony, and fall swarming [FWS–R5–ES–2014–0050; Time on the closing date. habitat for all or many bat species that FXES11120500000–156–FF05E00000] ADDRESSES: You may submit written occur in the State of New York, Early Scoping for an Anticipated comments by one of the following including the northern long-eared bat methods: (Myotis septentrionalis) and the Application for Incidental Take Permit • and Draft Habitat Conservation Plan; Electronically: Go to the Federal federally listed endangered Indiana bat Copenhagen Wind Farm, LLC eRulemaking Portal Web site at: http:// (Myotis sodalis). Both construction (e.g., www.regulations.gov. In the Search box, tree clearing) and operation of wind AGENCY: Fish and Wildlife Service, enter FWS–R5–ES–2014–0050, which is turbines have the potential to Interior. the docket number for this notice. Click incidentally take northern long-eared
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bats and Indiana bats. Therefore, Background incidental take of Indiana bats and Copenhagen Wind Farm, LLC is The Indiana bat is listed as an northern long-eared bats from the developing an ITP application and HCP endangered species under the ESA. The construction and operation of the wind to address these activities. population decline of this species has energy facility, including specific In advance of receiving the ITP historically been attributed to habitat activities that will be described in the application for this project, the Service loss and degradation of both winter HCP. The HCP will incorporate is providing this notice to request hibernation habitat (hibernacula) and avoidance, minimization, mitigation, information from other agencies, Tribes, summer roosting habitat, human monitoring, and reporting measures aimed at addressing the impact of the and the public on the scope of the NEPA disturbance during hibernation, and covered activities to Indiana bats and review and issues to consider in the possibly pesticides. A recent new threat northern long-eared bats. The project NEPA analysis and in development of to Indiana bats is white-nose syndrome planning area for the HCP is the 11,250 the HCP. We will proceed with (WNS), a disease caused by a fungus acres of private lands under lease preparation of an Environmental (Pseudogymnoascus destructans, agreement with Copenhagen Wind Assessment (EA), which we will use to previously classified as Geomyces Farm, LLC for construction and evaluate, in conjunction with the public destructans) that invades the skin of operation of a wind energy facility. The comments, whether any significant bats. The fungus erodes wing tissue and project consists of two phases, which impacts would require further analysis alters behaviors such as hibernation in an Environmental Impact Statement. will deliver up to 79.9 and 24.9 location and arousal patterns, which megawatts (MW) respectively of Request for Information decreases fat stores essential for electrical power to the New York State overwinter survival. Millions of bats are electric grid. We request data, comments, estimated to have died as a result. information, and suggestions from the White-nose syndrome is resulting in Phase I public, other concerned governmental large population declines in some parts Phase I consists of a 6,605-acre agencies, the scientific community, of the species’ range, including the Tribes, industry, or any other interested generation site and a 2,595-acre northeastern and southeastern United transmission site. The generation site party on this notice. We will consider States. all comments we receive in complying will include 47 wind turbines, The range of the Indiana bat includes approximately 15.2 miles of access with the requirements of NEPA and in much of the eastern United States, the development of the HCP and ITP. roads, 20.3 miles of 34.5-kV electrical including New York. Winter habitat for collector lines, a collection substation, 3 We seek comments particularly the Indiana bat includes caves and meteorological towers, a construction related to: mines that support high humidity and staging area, and an Operations and (1) Information concerning the range, cool, but stable, temperatures. In the Maintenance (O&M) facility, located in distribution, population size, and summer, Indiana bats roost in trees the Town of Denmark in Lewis County, population trends of Indiana bats and (dead, dying, or live trees) with New York. The transmission site will northern long-eared bats in New York exfoliating bark, cracks, crevices, and/or include approximately 8.8 miles of State; hollows. During summer, males roost overhead 115-kV electric transmission (2) Additional biological information alone or in small groups, while females line, to be located in the Towns of concerning Indiana bats, northern long- and their offspring roost in larger Champion and Rutland, in Jefferson eared bats, and other federally listed groups. Indiana bats forage for insects in County, New York, and a Point of species that occur in New York State and along the edges of forested areas Interconnect (POI) substation, to be that could be affected by proposed and wooded stream corridors. located adjacent to the existing National covered activities; The northern long-eared bat has Grid Black River-Lighthouse Hill 115-kV (3) Relevant data and information recently been proposed for listing as an transmission line in the Town of concerning myotid bat interactions with endangered species under the ESA. Rutland, Jefferson County, New York. wind turbine construction and White-nose syndrome is the Phase I construction is anticipated to operation; predominant threat to the species, begin with tree-clearing activities over (4) Current or planned activities in the though other threats may include the winter of 2015–2016, with access project planning area and their possible impacts to hibernacula and summer road and other construction impacts on Indiana bats, northern long- habitat, and disturbance of hibernating commencing in the spring of 2016. eared bats, and other federally listed bats. Northern long-eared bats have been Construction of Phase I is expected to be species in New York State; abundant in the eastern United States completed by December 2016. (5) The presence of facilities within and are often captured in summer mist the project planning area that are nets surveys and detected during Phase II eligible to be listed on the National acoustic surveys. Northern long-eared Phase II consists of up to 15 Register of Historic Places, or whether bats are known to frequent forested additional turbines, along with other historical, archeological, or habitats throughout New York. Similar approximately 5.5 miles of access roads traditional cultural properties may be to Indiana bats, northern long-eared bats and 11 miles of collector lines, to be present; generally hibernate in caves and mines located on approximately 2,050 acres of (6) Any other issues relating to the during the winter. During the summer, leased private lands. The 34.5-kV human environment and potential the bats roost in live trees and snags, electrical collector lines will gather the impacts that we should consider with though they are also known to use electricity from the turbines in the regard to the project planning area, human-made structures such as barns, Town of Pinckney and deliver it to the covered activities, and potential ITP sheds, and bat boxes. collection substation in the Town of issuance. Denmark (to be constructed as part of You may submit your comments and Potential Federal Action Phase I). The turbines, access roads, and materials concerning this notice by one The proposed Federal action that will approximately 5.4 miles of the electrical of the methods listed in the ADDRESSES be analyzed through NEPA will be the collector lines will be located in the section. potential issuance of an ITP to allow Town of Pinckney, Lewis County, New
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York. The remaining 5.6 miles of interpreted to include the natural and A responsiveness summary to address electrical collector lines will be located physical environment and the all substantive comments received on in the Town of Denmark, generally in relationship of people with that the DEIS during the public comment close proximity to infrastructure environment. It will also analyze several period was included as Section 4.0 of associated with Phase I of the Project. alternatives to the proposed Federal the Final Environmental Impact Phase II construction is anticipated to action, including no action and other Statement (FEIS). The FEIS was begin with tree-clearing activities over reasonable courses of action (potentially accepted as complete by the Lead the winter of 2016–2017, with access including minimization and mitigation Agency on July 10, 2014, and is also road and other construction measures not considered in the available at the Project Web site (http:// commencing in the spring of 2017. proposed action). Relevant information www.ownenergy.net/project- Construction of Phase II is expected to provided in response to this notice will development/our-projects/copenhagen- be completed by December 2017. aid in developing the draft HCP and the wind-farm). The Lead Agency issued its The HCP is expected to address both NEPA analysis. Findings Statement on August 19, 2014. construction and operational activities This document provides the rationale associated with the wind energy facility. Prior Public Outreach for the Planning Board’s decision to The covered construction activities in Phase I of the project has already approve issuance of the pending permit the HCP are anticipated to be as follows: undergone public review as part of the applications, and includes discussion of Preconstruction activities (e.g., local permitting process, pursuant to the mitigating measures that will be geotechnical boring, installation of New York State Environmental Quality incorporated as conditions of the sedimentation and erosion control Review Act (SEQRA) and its pending permits and approvals to avoid measures, field demarcation of implementing regulations, 6 NYCRR or minimize adverse environmental previously identified sensitive Part 617. This process was initiated on impacts. resources), staging area construction, May 5, 2012, when Copenhagen Wind Public review of Phase II of the site preparation (e.g., clearing woody Farm, LLC submitted to the Town of Project has not yet been initiated. vegetation from work areas), public road Denmark Planning Board a full However, it is anticipated that the same improvement, access road construction, Environmental Assessment Form (EAF) local permitting process used for Phase turbine foundation construction, and an application for a special use I will be followed for Phase II (i.e., EAF, electrical collector system installation, permit. On July 7, 2012, the Town of DEIS, Public Comment Period, FEIS). wind turbine assembly and erection, Denmark Planning Board forwarded a Next Steps transmission line and POI substation solicitation of Lead Agency status, along In this stage of the project, we are construction, O&M facility construction, with a copy of the EAF document, to seeking information to aid in and turbine commissioning. The potentially interested/involved SEQRA development of the NEPA analysis and covered operational activities in the agencies. No agency objected to the the draft HCP, and to inform what level HCP are anticipated to be as follows: Town of Denmark Planning Board Operation of turbines and associated of environmental analysis would be assuming the role of Lead Agency. The electrical collection and transmission necessary for project implementation. Town of Denmark, as Lead Agency, equipment, scheduled and unscheduled We will then develop a draft NEPA subsequently issued a Positive maintenance, and environmental document based on the ITP application, Declaration on August 7, 2012, requiring management. Copenhagen Wind Farm, Applicant’s draft HCP, any associated the applicant to prepare a Draft LLC anticipates that the activities documents, and public comments Environmental Impact Statement (DEIS). posing the greatest risk of incidental received through this early scoping take of Indiana bats or northern long- The DEIS was accepted as complete effort. We may solicit additional public, eared bats are (1) tree clearing during on June 4, 2013, and copies of the DEIS agency, and Tribal input to identify the construction, and (2) collisions with were subsequently delivered to nature and scope of the environmental operating turbines. They do not involved/interested agencies, and issues that should be addressed during anticipate construction or operation of posted to a Web site managed by NEPA review, following appropriate the wind energy facility will result in OwnEnergy (http://www.ownenergy.net/ public notice. We will then publish a incidental take of any other federally project-development/our-projects/ notice of availability for the draft NEPA listed species in the planning area. copenhagen-wind-farm). Opportunities document and draft HCP and seek Potential minimization and mitigation for detailed agency and public review additional public comment before measures may include removal of were provided during the DEIS public completing our final analysis to suitable roost trees during winter, comment period (June 4, 2013, through determine whether to issue an ITP. operating turbines during periods of less August 13, 2013), including a public bat activity, protection and hearing conducted by the Lead Agency Public Comments enhancement of hibernacula, and on July 9, 2013, at the Copenhagen During this 30-day public comment protection and enhancement of Indiana Central School gymnasium (3020 period (see DATES), the Service invites bat and northern long-eared bat roosting Mechanic Street, Copenhagen, NY). the public to provide comments that and foraging habitat. The proposed Eleven separate ‘‘comment letters’’ will aid our NEPA analysis. You may duration of the ITP is 30 years. (hardcopy, email, and oral comments) submit comments by one of the methods were received, which provided 158 shown under ADDRESSES. NEPA Alternatives individual comments that were The Service has not yet developed considered during the FEIS analysis. Public Availability of Comments any NEPA alternatives to the proposed The comments covered a wide range of We will post all public comments and Federal action (i.e., issuance of an ITP topics addressed in the DEIS. The most information received electronically or conditioned on implementation of the commonly raised questions and via hardcopy on http://regulations.gov. HCP). The NEPA analysis will assess the concerns pertained to biological All comments received, including direct, indirect, and cumulative impacts resources and water resources, names and addresses, will become part of the proposed Federal action on the particularly with regard to potential of the administrative record and will be human environment, comprehensively impacts to birds, bats, and groundwater. available to the public. Before including
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your address, phone number, electronic Services, Bureau of Indian Affairs, 1849 marriage and whether the wife is mail address, or other personal C Street NW., MS–2603–MIB, pregnant (for the court to determine the identifying information in your Washington, DC 20240; email: appropriate level of support that may be comment, you should be aware that [email protected]. required from the non-custodial parent). your entire comment—including your FOR FURTHER INFORMATION CONTACT: (25 CFR 11.601) Two forms are used as personal identifying information—will Katherine Scotta, (202) 208–6711. You part of this information collection, the be publicly available. If you submit a may review the information collection Marriage License Application and the hardcopy comment that includes request online at http:// Dissolution of Marriage Application. personal identifying information, you www.reginfo.gov. Follow the II. Request for Comments may request at the top of your document instructions to review Department of the that we withhold this information from Interior collections under review by On February 9, 2015, BIA published public review. However, we cannot OMB. a notice announcing the renewal of this guarantee that we will be able to do so. information collection and provided a SUPPLEMENTARY INFORMATION: 60-day comment period in the Federal Authority I. Abstract Register (80 FR 7029). There were no This notice is provided pursuant to comments received in response to this The Bureau of Indian Affairs (BIA) is NEPA regulations (40 CFR 1501.7 and notice. seeking renewal of the approval for the 1508.22). The BIA requests your comments on information collection conducted under Dated: March 10, 2015. this collection concerning: (a) The 25 CFR 11.600(c) and 11.606(c). This necessity of this information collection Paul R. Phifer, information collection allows the Clerk for the proper performance of the of the Court of Indian Offenses to collect Assistant Regional Director, Ecological functions of the agency, including Services, Northeast Region. personal information necessary for a whether the information will have Court of Indian Offenses to issue a [FR Doc. 2015–09806 Filed 4–27–15; 8:45 am] practical utility; (b) The accuracy of the marriage license or dissolve a marriage. BILLING CODE 4310–55–P agency’s estimate of the burden (hours Courts of Indian Offenses have been and cost) of the collection of established on certain Indian information, including the validity of DEPARTMENT OF THE INTERIOR reservations under the authority vested the methodology and assumptions used; in the Secretary of the Interior by 5 (c) Ways we could enhance the quality, Bureau of Indian Affairs U.S.C. 301 and 25 U.S.C. 2, 9, and 13, which authorize appropriations for utility, and clarity of the information to [156A2100DD/AAKC001030/ be collected; and (d) Ways we could A0A501010.999900 253G] ‘‘Indian judges.’’ The courts provide for the administration of justice for Indian minimize the burden of the collection of Renewal of Agency Information tribes in those areas where the tribes the information on the respondents. Please note that an agency may not Collection for Law and Order on Indian retain jurisdiction over Indians, conduct or sponsor, and an individual Reservations—Marriage and exclusive of State jurisdiction, but need not respond to, a collection of Dissolution Applications where tribal courts have not been information unless it displays a valid established to exercise that jurisdiction OMB Control Number. AGENCY: Bureau of Indian Affairs, and the tribes has, by resolution or Interior. It is our policy to make all comments constitutional amendment, chosen to available to the public for review at the ACTION: Notice of submission to OMB. use the Court of Indian Offenses. location listed in the ADDRESSES section. Accordingly, Courts of Indian Offenses SUMMARY: In compliance with the Before including your address, phone exercise jurisdiction under 25 CFR 11. Paperwork Reduction Act of 1995, the number, email address or other personal Domestic relations are governed by 25 Bureau of Indian Affairs (BIA) is identifying information in your CFR 11.600, which authorizes the Court submitting to the Office of Management comment, you should be aware that of Indian Offenses to conduct and and Budget (OMB) a request for your entire comment—including your dissolve marriages. In order to obtain a approval for the collection of personal identifying information—may marriage licenses in a Court of Indian information for the Law and Order on be made publicly available at any time. Offenses, applicants must provide the Indian Reservations—Marriage & While you can ask us in your comment six items of information listed in 25 CFR Dissolution Applications, which to withhold your personal identifying 11.600(c), including identifying concerns marriage and dissolution of a information from public review, we information, such a Social Security marriage in a Court of Indian Offenses. cannot guarantee that we will be able to number, information on previous The information collection is currently do so. marriage, relationship to the other authorized by OMB Control Number applicant, and a certificate of the results III. Data 1076–0094, which expires April 30, of any medical examination required by 2015. OMB Control Number: 1076–0094. applicable tribal ordinances or the laws Title: Law and Order on Indian DATES: Interested persons are invited to of the State in which the Indian country Reservations—Marriage & Dissolution submit comments on or before May 28, under the jurisdiction of the Court of Applications, 25 CFR 11. 2015. Indian Offenses is located. To dissolve Brief Description of Collection: ADDRESSES: You may submit comments a marriage, applicants must provide the Submission of this information allows on the information collection to the six items of information listed in 25 CFR applicants to obtain a benefit, namely, Desk Officer for the Department of the 11.606(c), including information on the issuance of a marriage license or a Interior at the Office of Management and occupation and residency (to establish decree of dissolution of a marriage Budget, by facsimile to (202) 395–5806 jurisdiction), information on whether license from the Court of Indian or you may send an email to: the parties have lives apart for at least Offenses. [email protected]. Please 180 days or if there is serious marital Type of Review: Extension of send a copy of your comments to: discord warranting dissolution, and currently approved collection. Katherine Scotta, Office of Justice information on the children of the Respondents: Individuals.
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Number of Respondents: 260 per year, request to the Bureau of Indian Affairs Museum since 1963. No known on average. at the address in this notice by May 28, individuals were identified. The two Frequency of Response: On occasion. 2015. associated funerary objects are an elk Estimated Time per Response: 15 ADDRESSES: Anna Pardo, Museum bone and a small bag of sand and minutes. Program Manager/NAGPRA crushed bone. Estimated Total Annual Hour Burden: Coordinator, U.S. Department of the Geographic, historic, and 65 hours. Interior, Bureau of Indian Affairs, 12220 anthropological evidence indicates that Estimated Total Annual Non-Hour Sunrise Valley Drive, Room 6084, the human remains are Native Dollar Cost: $6,500 (approximately $25 Reston, VA 20191, telephone (703) 390– American. The site (45–CA–26) is a per application for processing fees). 6343, email [email protected]. shell midden site located within the current boundaries of the Makah Indian SUPPLEMENTARY INFORMATION: Notice is Elizabeth K. Appel, Reservation. Burial of human remains in here given in accordance with the Director, Office of Regulatory Affairs and or near shell middens is consistent with Native American Graves Protection and Collaborative Action—Indian Affairs. Native American burial practices in the Repatriation Act (NAGPRA), 25 U.S.C. [FR Doc. 2015–09812 Filed 4–27–15; 8:45 am] Pacific Northwest. This area was 3003, of the completion of an inventory BILLING CODE 4337–15–P historically and prehistorically of human remains and associated occupied by the Makah people for at funerary objects under the control of the least the past 4,000 years. DEPARTMENT OF THE INTERIOR U.S. Department of the Interior, Bureau of Indian Affairs and in the physical Determinations Made by the Bureau of National Park Service custody of the Burke Museum. The Indian Affairs and the Burke Museum [NPS–WASO–NAGPRA– human remains and associated funerary Officials of the Bureau of Indian 18031;PPWOCRADN0–PCU00RP14.R50000] objects were removed from Clallam Affairs and the Burke Museum have County, WA. determined that: Notice of Inventory Completion: U.S. This notice is published as part of the • Pursuant to 25 U.S.C. 3001(9), the Department of the Interior, Bureau of National Park Service’s administrative human remains described in this notice Indian Affairs, Washington, DC, and responsibilities under NAGPRA, 25 represent the physical remains of five the Thomas Burke Memorial U.S.C. 3003(d)(3). The determinations in individuals of Native American Washington State Museum, University this notice are the sole responsibility of ancestry. of Washington, Seattle, WA the museum, institution, or Federal • Pursuant to 25 U.S.C. 3001(3)(A), agency that has control of the Native the two objects described in this notice AGENCY: National Park Service, Interior. American human remains and are reasonably believed to have been ACTION: Notice. associated funerary objects. The placed with or near individual human National Park Service is not responsible remains at the time of death or later as SUMMARY: The U.S. Department of the for the determinations in this notice. Interior, Bureau of Indian Affairs, and part of the death rite or ceremony. • Pursuant to 25 U.S.C. 3001(2), there the Thomas Burke Memorial Consultation is a relationship of shared group Washington State Museum, University A detailed assessment of the human identity that can be reasonably traced of Washington (Burke Museum), have remains was made by the U.S. between the Native American human completed an inventory of human Department of the Interior, Bureau of remains and associated funerary objects remains and associated funerary objects, Indian Affairs and the Burke Museum and the Makah Indian Tribe of the in consultation with the appropriate professional staff in consultation with Makah Indian Reservation. Indian tribes or Native Hawaiian representatives of the Makah Indian organizations, and have determined that Tribe of the Makah Indian Reservation. Additional Requestors and Disposition there is a cultural affiliation between the Lineal descendants or representatives History and Description of the Remains human remains and associated funerary of any Indian tribe or Native Hawaiian objects and present-day Indian tribes or In September 1963, human remains organization not identified in this notice Native Hawaiian organizations. Lineal representing, at minimum, five that wish to request transfer of control descendants or representatives of any individuals were removed from site 45– of these human remains and associated Indian tribe or Native Hawaiian CA–26 on the Pacific Ocean Beach near funerary objects should submit a written organization not identified in this notice Neah Bay adjacent to Makah Bay, request with information in support of that wish to request transfer of control Clallam County, WA. The site (45–CA– the request to Anna Pardo, Museum of these human remains and associated 26) is located within the current Program Manager/NAGPRA funerary objects should submit a written boundaries of the Makah Indian Coordinator, U.S. Department of the request to the Bureau of Indian Affairs. Reservation. In or about September Interior, Bureau of Indian Affairs, 12220 If no additional requestors come 1963, Robert E. Greengo of the Thomas Sunrise Valley Drive, Room 6084, forward, transfer of control of the Burke Memorial Washington State Reston, VA 20191, telephone (703) 390– human remains and associated funerary Museum was directed to the site by Mrs. 6343, email [email protected], by objects to the lineal descendants, Indian Otis Baxter who advised that the wind May 28, 2015. After that date, if no tribes, or Native Hawaiian organizations had been blowing material out of the cut additional requestors have come stated in this notice may proceed. bank. Dr. Greengo found exposed forward, transfer of control of the DATES: Lineal descendants or human bones and other items that had human remains and associated funerary representatives of any Indian tribe or been disturbed by the action of the surf objects to the Makah Indian Tribe of the Native Hawaiian organization not and/or wind. Dr. Greengo returned in Makah Indian Reservation may proceed. identified in this notice that wish to October 1963, in the company of Mr. The Bureau of Indian Affairs is request transfer of control of these and Mrs. Otis Baxter and collected responsible for notifying the Makah human remains and associated funerary bones and objects from the location that Indian Tribe of the Makah Indian objects should submit a written request turned out to be site 45–CA–26. The Reservation that this notice has been with information in support of the collection has been housed at the Burke published.
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Dated: April 1, 2015. U.S.C. 3003(d)(3). The determinations in rest as funerary objects and were obtained Mariah Soriano, this notice are the sole responsibility of from burial mounds. Acting Manager, National NAGPRA Program. the museum, institution, or Federal In the Federal Register (80 FR 6539, [FR Doc. 2015–09912 Filed 4–27–15; 8:45 am] agency that has control of the Native February 5, 2015), paragraph 9, sentence BILLING CODE 4312–50–P American cultural items. The National 1 is corrected by substituting the Park Service is not responsible for the following sentence: determinations in this notice. This notice corrects the number of Officials of the Beneski Museum of Natural DEPARTMENT OF THE INTERIOR History, Amherst College have determined unassociated funerary objects published that: National Park Service in a Notice of Intent to Repatriate in the • Pursuant to 25 U.S.C. 3001(3)(B), the 119 [NPS–WASO–NAGPRA– Federal Register (80 FR 6538–6539, cultural items described above are reasonably 17979;PPWOCRADN0–PCU00RP14.R50000] February 5, 2015). Unrelated work in believed to have been placed with or near the museum collections uncovered this individual human remains at the time of Notice of Intent To Repatriate Cultural additional artifact incorrectly stored. death or later as part of the death rite or Items: Beneski Museum of Natural Transfer of control of the items in this ceremony and are believed, by a History, Amherst College, Amherst, correction notice has not occurred. preponderance of the evidence, to have been removed from a specific burial site of a MA; Correction Correction Native American individual. AGENCY: National Park Service, Interior. In the Federal Register (80 FR 6539, Additional Requestors and Disposition ACTION: Notice; correction. February 5, 2015), paragraph 1, sentence 1 is corrected by substituting the Lineal descendants or representatives SUMMARY: The Beneski Museum of following sentence: of any Indian tribe or Native Hawaiian organization not identified in this notice Natural History, Amherst College has The Beneski Museum of Natural History, corrected a Notice of Intent to Repatriate that wish to claim these cultural items Amherst College (Beneski Museum) holds should submit a written request with published in the Federal Register on 119 cultural items that are documented to February 5, 2015. This notice corrects have been, or can reasonably be inferred to information in support of the claim to the number of unassociated funerary have been unassociated funerary objects that Tekla Harms, NAGPRA Coordinator, objects. Lineal descendants or were removed from the state of Florida. Beneski Museum of Natural History, representatives of any Indian tribe or In the Federal Register (80 FR 6539, Amherst College, Amherst, MA 01002, Native Hawaiian organization not February 5, 2015), paragraph 3, telephone (413) 542–2233, email identified in this notice that wish to sentences 1 and 2 are corrected by [email protected], by May 28, 2015. claim these cultural items should substituting the following sentence: After that date, if no additional claimants have come forward, transfer submit a written request to the Beneski The Beneski Museum holds 38 cultural Museum of Natural History, Amherst of control of the unassociated funerary items obtained from Clarence B. Moore of object to the Miccosukee Tribe of College. If no additional claimants come Philadelphia, most—if not all—received in forward, transfer of control of the 1872. These cultural items are: five stone Indians may proceed. cultural items to the lineal descendants, sinkers and two shell sinkers from 3 miles The Beneski Museum of Natural Indian tribes, or Native Hawaiian east of Marco, Lee County, FL; one shell celt History, Amherst College is responsible organizations stated in this notice may from near Marco, Lee County, FL; six stone for notifying the Miccosukee Tribe of proceed. sinkers or pendants, five shell sinkers or Indians that this notice has been pendants, and five shell beads from Marco published. DATES: Lineal descendants or Island, Ten Thousand Islands, Lee County, representatives of any Indian tribe or FL; five stone sinkers or pendants, five Dated: March 20, 2015. Native Hawaiian organization not whorled shell sinkers or pendants, one awl Mariah Soriano, identified in this notice that wish to of whorled shell, one shell gorget, and one Acting Program Manager, National NAGPRA claim these cultural items should large shell ring from Addison’s Key, near Program. Marco, Lee County, FL; one conch shell cup submit a written request with [FR Doc. 2015–09899 Filed 4–27–15; 8:45 am] from a mound on a key in Gasparilla Sound, information in support of the claim to DeSoto or Charlotte County, FL. BILLING CODE 4312–50–P the Beneski Museum of Natural History, Amherst College at the address in this In the Federal Register (80 FR 6539, notice by May 28, 2015. February 5, 2015), paragraph 8, sentence DEPARTMENT OF THE INTERIOR 1 is corrected by substituting the ADDRESSES: Tekla A. Harms, NAGPRA following sentence: National Park Service Coordinator, Beneski Museum of Natural History, Amherst College, Multiple lines of evidence—guided by [NPS–WASO–NAGPRA–18014; Amherst, MA 01002, telephone (413) tribal consultations—including geographic, PPWOCRADN0–PCU00RP14.R50000] 542–2233, email [email protected]. oral tradition, historical, and aboriginal land claims, demonstrate a shared group identity Notice of Intent To Repatriate Cultural SUPPLEMENTARY INFORMATION: Notice is between these 119 cultural items and the Items: U.S. Department of the Interior, here given in accordance with the modern-day Miccosukee Tribe of Indians; National Park Service, Big Cypress Seminole Tribe of Florida (previously listed Native American Graves Protection and National Preserve, Ochopee, FL Repatriation Act (NAGPRA), 25 U.S.C. as the Seminole Tribe of Florida (Dania, Big 3005, of the intent to repatriate a Cypress, Brighton, Hollywood & Tampa AGENCY: National Park Service, Interior. cultural item under the control of the Reservations)); and The Seminole Nation of Oklahoma. ACTION: Notice. Beneski Museum of Natural History, Amherst College, Amherst, MA that In the Federal Register (80 FR 6539, SUMMARY: The U.S. Department of the meets the definition of unassociated February 5, 2015), paragraph 8, sentence Interior, National Park Service, Big funerary objects under 25 U.S.C. 3001. 4 is corrected by substituting the Cypress National Preserve, in This notice is published as part of the following sentence: consultation with the appropriate National Park Service’s administrative It is reasonable to conclude that all 119 Indian tribes or Native Hawaiian responsibilities under NAGPRA, 25 cultural items listed here were intended to organizations, has determined that the
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cultural items listed in this notice meet listed as the Seminole Tribe of Florida DEPARTMENT OF THE INTERIOR the definition of unassociated funerary (Dania, Big Cypress, Brighton, objects. Lineal descendants or Hollywood & Tampa Reservations)) National Park Service representatives of any Indian tribe or have indicated that the items were types [NPS–WASO–NAGPRA– Native Hawaiian organization not used in funerary contexts. 18016;PPWOCRADN0–PCU00RP14.R50000] identified in this notice that wish to claim these cultural items should Determinations Made by Big Cypress Notice of Inventory Completion: U.S. submit a written request to Big Cypress National Preserve Department of the Interior, National Park Service, Petrified Forest National National Preserve. If no additional Officials of Big Cypress National Park, Petrified Forest, AZ claimants come forward, transfer of Preserve have determined that: control of the cultural items to the lineal • AGENCY: National Park Service, Interior. descendants, Indian tribes, or Native Pursuant to 25 U.S.C. 3001(3)(B), Hawaiian organizations stated in this the 442 cultural items described above ACTION: Notice. are reasonably believed to have been notice may proceed. SUMMARY: The U.S. Department of the DATES: Lineal descendants or placed with or near individual human Interior, National Park Service, Petrified representatives of any Indian tribe or remains at the time of death or later as Forest National Park, has completed an Native Hawaiian organization not part of the death rite or ceremony and inventory of human remains and identified in this notice that wish to are believed, by a preponderance of the associated funerary objects, in claim these cultural items should evidence, to have been removed from a consultation with the appropriate submit a written request with specific burial site of a Native American Indian tribes or Native Hawaiian information in support of the claim to individual. organizations, and has determined that Big Cypress National Preserve at the • Pursuant to 25 U.S.C. 3001(2), there there is a cultural affiliation between the address in this notice by May 28, 2015. is a relationship of shared group human remains and associated funerary ADDRESSES: J.D. Lee, Superintendent, identity that can be reasonably traced objects and present-day Indian tribes or Big Cypress National Preserve, 33110 between the unassociated funerary Native Hawaiian organizations. Lineal Tamiami Trail East, Ochopee, FL 34141, objects and the Miccosukee Tribe of descendants or representatives of any telephone (239) 695–1103, email j_d_ Indians and the Seminole Tribe of Indian tribe or Native Hawaiian [email protected]. Florida (previously listed as the organization not identified in this notice SUPPLEMENTARY INFORMATION: Notice is Seminole Tribe of Florida (Dania, Big that wish to request transfer of control here given in accordance with the Cypress, Brighton, Hollywood & Tampa of these human remains and associated Native American Graves Protection and Reservations)). funerary objects should submit a written request to Petrified Forest National Park. Repatriation Act (NAGPRA), 25 U.S.C. Additional Requestors and Disposition 3005, of the intent to repatriate cultural If no additional requestors come items under the control of the U.S. forward, transfer of control of the Lineal descendants or representatives human remains and associated funerary Department of the Interior, National of any Indian tribe or Native Hawaiian Park Service, Big Cypress National objects to the lineal descendants, Indian organization not identified in this notice tribes, or Native Hawaiian organizations Preserve, Ochopee, FL, that meet the that wish to claim these cultural items stated in this notice may proceed. definition of unassociated funerary should submit a written request with DATES: Lineal descendants or objects under 25 U.S.C. 3001. information in support of the claim to This notice is published as part of the representatives of any Indian tribe or J.D. Lee, Superintendent, Big Cypress Native Hawaiian organization not National Park Service’s administrative National Preserve, 33110 Tamiami Trail responsibilities under NAGPRA, 25 identified in this notice that wish to East, Ochopee, FL 34141, telephone request transfer of control of these U.S.C. 3003(d)(3). The determinations in (239) 695–1103, email [email protected], this notice are the sole responsibility of human remains and associated funerary by May 28, 2015. After that date, if no objects should submit a written request the Superintendent, Big Cypress additional claimants have come National Preserve. with information in support of the forward, transfer of control of the request to Petrified Forest National Park History and Description of the Cultural unassociated funerary objects to the at the address in this notice by May 28, Item(s) Miccosukee Tribe of Indians and the 2015. Seminole Tribe of Florida (previously On an unknown date prior to the ADDRESSES: Brad Traver, listed as the Seminole Tribe of Florida establishment of Big Cypress National Superintendent, Petrified Forest (Dania, Big Cypress, Brighton, Preserve, 442 cultural items were National Park, Box 2217, Petrified Hollywood & Tampa Reservations)) may removed from an unnamed site in Forest, AZ 86028, telephone (928) 524– proceed. Collier County, FL, by D.L. Houghton. In 6228 x225, email [email protected]. 1999, Mr. Houghton donated the objects Big Cypress National Preserve is SUPPLEMENTARY INFORMATION: Notice is to Big Cypress National Preserve and responsible for notifying the here given in accordance with the indicated to park staff the location of Miccosukee Tribe of Indians and the Native American Graves Protection and their removal. The whereabouts of the Seminole Tribe of Florida (previously Repatriation Act (NAGPRA), 25 U.S.C. human remains is not known. The 442 listed as the Seminole Tribe of Florida 3003, of the completion of an inventory unassociated funerary objects are 439 (Dania, Big Cypress, Brighton, of human remains and associated glass beads, 1 beaded silver bracelet, 1 Hollywood & Tampa Reservations)) that funerary objects under the control of the wire beaded bracelet, and 1 metal knife. this notice has been published. U.S. Department of the Interior, The unnamed site exhibits evidence Dated: March 26, 2015. National Park Service, Petrified Forest of historic Seminole/Miccosukee National Park, Petrified Forest, AZ. The occupation including glass, metal, and a Mariah Soriano, human remains and associated funerary number of chickee structures. Both the Acting Manager, National NAGPRA Program. objects were removed from Petrified Miccosukee Tribe of Indians and the [FR Doc. 2015–09942 Filed 4–27–15; 8:45 am] Forest National Park, Apache and Seminole Tribe of Florida (previously BILLING CODE 4312–50–P Navajo Counties, AZ.
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This notice is published as part of the Tohono O’odham Nation of Arizona; later as part of the death rite or National Park Service’s administrative Tonto Apache Tribe of Arizona; and ceremony. responsibilities under NAGPRA, 25 Yavapai-Apache Nation of the Camp • Pursuant to 25 U.S.C. 3001(2), there U.S.C. 3003(d)(3). The determinations in Verde Indian Reservation, Arizona is a relationship of shared group this notice are the sole responsibility of (hereafter referred to as ‘‘The Invited identity that can be reasonably traced the Superintendent, Petrified Forest Tribes’’). between the Native American human National Park. remains and associated funerary objects History and Description of the Remains and the Hopi Tribe of Arizona and Zuni Consultation In 1953, human remains representing, Tribe of the Zuni Reservation, New A detailed assessment of the human at minimum, four individuals were Mexico. remains was made by Petrified Forest removed from AZ Q:1:3 in Apache National Park professional staff in County, AZ, by Fred Wendorf as part of Additional Requestors and Disposition consultation with representatives of the his doctoral research at Harvard Lineal descendants or representatives Fort McDowell Yavapai Nation, University. The human remains and of any Indian tribe or Native Hawaiian Arizona; Hopi Tribe of Arizona; associated funerary objects are in the organization not identified in this notice Hualapai Indian Tribe of the Hualapai physical custody of the Museum of that wish to request transfer of control Indian Reservation, Arizona; Kewa Northern Arizona (MNA) in Flagstaff, of these human remains and associated Pueblo, New Mexico (previously listed AZ. No known individuals were funerary objects should submit a written as the Pueblo of Santo Domingo); Navajo identified. The 2,107 associated request with information in support of Nation, Arizona, New Mexico & Utah; funerary objects are 13 pottery bowls, 1 the request to Brad Traver, Pueblo of Acoma, New Mexico; Pueblo mineral (galena), 6 pottery jars (some Superintendent, Petrified Forest of Santa Ana, New Mexico; and Zuni fragmentary), 2,057 shell beads, 1 stone National Park, Box 2217, Petrified Tribe of the Zuni Reservation, New pendant, 2 stone scrapers, 1 shell Forest, AZ 86028, telephone (928) 524– Mexico (hereafter referred to as ‘‘The pendant, 25 basket fragments, and 1 6228 x225, email [email protected], Consulted Tribes’’). blanket. by May 28, 2015. After that date, if no The following tribes were invited to In 1985, human remains representing, additional requestors have come consult, but did not participate: at minimum, one individual were forward, transfer of control of the Colorado River Indian Tribes of the removed from AZ Q:1:58 in Apache human remains and associated funerary Colorado River Indian Reservation, County, AZ during legally authorized objects to the Hopi Tribe of Arizona and Arizona and California; Fort Mojave excavations. No known individuals Zuni Tribe of the Zuni Reservation, New Indian Tribe of Arizona, California & were identified. The one associated Mexico may proceed. Nevada; Gila River Indian Community funerary object is a pottery bowl. Petrified Forest National Park is of the Gila River Indian Reservation, In 1988, human remains representing, responsible for notifying The Consulted Arizona; Havasupai Tribe of the at minimum, two individuals were Tribes and The Invited Tribes that this Havasupai Reservation, Arizona; Kaibab removed from AZ Q:1:226 in Navajo notice has been published. Band of Paiute Indians of the Kaibab County, AZ, during legally authorized Dated: March 26, 2015. Indian Reservation, Arizona; Las Vegas archeological survey and site Mariah Soriano, Tribe of Paiute Indians of the Las Vegas recordation. No known individuals were Acting Manager, National NAGPRA Program. Indian Colony, Nevada; Moapa Band of identified. The 11 associated funerary Paiute Indians of the Moapa River objects are 2 pottery bowls, 3 pottery [FR Doc. 2015–09939 Filed 4–27–15; 8:45 am] Indian Reservation, Nevada; Ohkay jars, and 6 shell beads. BILLING CODE 4312–50–P Owingeh, New Mexico (previously Archeological site context and types listed as the Pueblo of San Juan); Paiute of funerary objects suggest that all three DEPARTMENT OF THE INTERIOR Indian Tribe of Utah (Cedar Band of sites were occupied by ancestral Paiutes, Kanosh Band of Paiutes, Puebloan peoples. Ethnographic and National Park Service Koosharem Band of Paiutes, Indian archeological evidence, including burial Peaks Band of Paiutes, and Shivwits orientation, body position, and the type [NPS–WASO–NAGPRA– Band of Paiutes) (formerly Paiute Indian and placement of the associated 18035;PPWOCRADN0–PCU00RP14.R50000] Tribe of Utah (Cedar City Band of funerary objects, indicates that the Paiutes, Kanosh Band of Paiutes, Notice of Inventory Completion: State mortuary practices of these ancestral Historical Society of Iowa, Iowa City, IA Koosharem Band of Paiutes, Indian Puebloan peoples correspond closely Peaks Band of Paiutes, and Shivwits with those of the Hopi Tribe of Arizona AGENCY: National Park Service, Interior. Band of Paiutes)); Pascua Yaqui Tribe of and the Zuni Tribe of the Zuni ACTION: Notice. Arizona; Pueblo of Acoma, New Mexico; Reservation, New Mexico. Pueblo of Cochiti, New Mexico; Pueblo SUMMARY: The State Historical Society of of Isleta, New Mexico; Pueblo of Jemez, Determinations Made by Petrified Iowa has completed an inventory of New Mexico; Pueblo of Laguna, New Forest National Park human remains, in consultation with Mexico; Pueblo of Nambe, New Mexico; Officials of Petrified Forest National the appropriate Indian tribes, and has Pueblo of Picuris, New Mexico; Pueblo Park have determined that: determined that there is no cultural of Pojoaque, New Mexico; Pueblo of San • Pursuant to 25 U.S.C. 3001(9), the affiliation between the human remains Felipe, New Mexico; Pueblo of San human remains described in this notice and present-day Indian tribes. Ildefonso, New Mexico; Pueblo of represent the physical remains of seven Representatives of any Indian tribe or Sandia, New Mexico; Pueblo of Santa individuals of Native American Native Hawaiian organization not Clara, New Mexico; Pueblo of Taos, ancestry. identified in this notice that wish to New Mexico; Pueblo of Tesuque, New • Pursuant to 25 U.S.C. 3001(3)(A), request transfer of control of these Mexico; Pueblo of Zia, New Mexico; San the 2,119 objects described in this human remains should submit a written Carlos Apache Tribe of the San Carlos notice are reasonably believed to have request to the State Historical Society of Reservation, Arizona; San Juan been placed with or near individual Iowa. If no additional requestors come Southern Paiute Tribe of Arizona; human remains at the time of death or forward, transfer of control of the
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human remains to the Indian tribes and the Yankton Sioux Tribe of South consist of one scalp lock of long stated in this notice may proceed. Dakota. brownish braids sewn on a leather patch with painted dots on the braids and DATES: Representatives of any Indian History and Description of the Remains tribe or Native Hawaiian organization each braid decorated with quilled not identified in this notice that wish to At an unknown date before 1901, ornaments and one scalp lock of seven request transfer of control of these human remains representing, at hair strands with quilled keepers linked human remains should submit a written minimum, one individual were removed together on leather throngs. No catalog request with information in support of from an unknown location. The human numbers are available and both scalp the request to the State Historical remains consist of a scalp lock found in locks were found in the collection of the Society of Iowa at the address in this the collection of the State Historical State Historical Society of Iowa in 1988. notice by May 28, 2015. Society of Iowa in 1988. Catalog #2274 There is no additional information is attributed to William McMillan and ADDRESSES: Jerome Thompson or available on the human remains. No the record indicates the human remains known individual was identified. No NAGPRA Coordinator, State Historical possibly came from Wounded Knee, SD. Society of Iowa, 600 East Locust, Des associated funerary objects are present. The McMillan collection of firearms, Archival records of the State Moines, IA 50319, telephone (515) 281– Native American objects, and other Historical Society of Iowa describe the 4221, email [email protected]. objects was loaned to the State donation of scalps in 1920 by Mrs. S. D. SUPPLEMENTARY INFORMATION: Notice is Historical Society of Iowa in 1901 and Ryan. The scalps were acquired by Mrs. here given in accordance with the purchased in 1902. There is no Ryan’s father, Colonel David S. Wilson, Native American Graves Protection and additional information available on the of the 6th Iowa Cavalry, at the battle of Repatriation Act (NAGPRA), 25 U.S.C. human remains. No known individual Whitestone Hill, Dakota Territory, in 3003, of the completion of an inventory was identified. No associated funerary September 1863. According to records, of human remains under the control of objects are present. the scalps were taken from the the State Historical Society of Iowa, At an unknown date before 1905, possession of a captured Dakota woman. Iowa City, IA. The human remains were human remains representing, at It is likely these scalps are those listed removed from unknown locations. minimum, one individual were removed above as the two unnumbered scalp This notice is published as part of the from an unknown location. The human locks and catalog #243. National Park Service’s administrative remains consist of a scalp lock with a responsibilities under NAGPRA, 25 short thin braid on a leather patch or Determinations Made by the State U.S.C. 3003(d)(3) and 43 CFR 10.11(d). tanned skin patch found in the Historical Society of Iowa The determinations in this notice are collection of the State Historical Society Officials of the State Historical the sole responsibility of the museum, of Iowa in 1988. Catalog #2456 is Society of Iowa have determined that: institution, or Federal agency that has attributed to Wallace R. Lesser who was • Pursuant to 25 U.S.C. 3001(9), the control of the Native American human an Indian Agent to the Sac and Fox in human remains described in this notice remains. The National Park Service is Iowa from 1890–1894 and also served in are Native American based on catalog not responsible for the determinations the Dakota Territories. The Lesser records and collection practices of the in this notice. collection of Native American objects State Historical Society of Iowa. (mostly Sac and Meskwaki) was • Consultation Pursuant to 25 U.S.C. 3001(9), the purchased by the State Historical human remains described in this notice A detailed assessment of the human Society of Iowa before 1905. A report on represent the physical remains of five remains was made by the State the collections in 1905 describes the individual of Native American ancestry. Historical Society of Iowa professional Lesser collection as ‘‘69 pieces of bead • Pursuant to 25 U.S.C. 3001(2), a staff in consultation with work by the Musqaukie Indians of the relationship of shared group identity representatives of the Assiniboine and Tama reservation.’’ There is no cannot be reasonably traced between the Sioux Tribes of the Fort Peck Indian additional information available on the Native American human remains and Reservation, Montana; Cheyenne River human remains. No known individual any present-day Indian tribe. Sioux Tribe of the Cheyenne River was identified. No associated funerary • Pursuant to 43 CFR 10.11(c)(2)(ii) Reservation, South Dakota; Crow Creek objects are present. and the Iowa NAGPRA Process, transfer Sioux Tribe of the Crow Creek At an unknown date before 1937, of control of the human remains will Reservation, South Dakota; Flandreau human remains representing, at occur according to Iowa law (Code of Santee Sioux Tribe of South Dakota; minimum, one individual were removed Iowa 263B.8). Lower Brule Sioux Tribe of the Lower from an unknown location. The human The Office of the State Archaeologist, Brule Reservation, South Dakota; Lower remains consist of a scalp lock with one University of Iowa administers the Sioux Indian Community in the State of black braid and an animal fur streamer provisions in the Code of Iowa that Minnesota; Oglala Sioux Tribe attached to a leather cylinder found in provide for any human remains over (previously listed as the Oglala Sioux the collection of the State Historical 150 years old to be reburied in a state Tribe of the Pine Ridge Reservation, Society of Iowa in 1988. Catalog #243 cemetery. The Office of the State South Dakota); Prairie Island Indian does not match any collection record, Archaeologist, University of Iowa, and Community in the State of Minnesota; but does appear on a 1937 inventory of the State Historical Society of Iowa have Rosebud Sioux Tribe of the Rosebud objects displayed in a room of the state under their control the human remains Indian Reservation, South Dakota; museum. There is no additional of five Native American individuals Santee Sioux Nation, Nebraska; information available on the human whose cultural affiliation is unknown. Shakopee Mdewakanton Sioux remains. No known individual was These human remains are considered Community of Minnesota; Sisseton- identified. No associated funerary ‘‘culturally unidentifiable’’ under Wahpeton Oyate of the Lake Traverse objects are present. NAGPRA, 43 CFR 10.10 (g). In 2004, the Reservation, South Dakota; Spirit Lake At an unknown date, human remains Iowa Office of the State Archaeologist Tribe, North Dakota; Standing Rock representing, at minimum, two started to develop a process, in Sioux Tribe of North & South Dakota; individuals were removed from an consultation with tribes with a historic Upper Sioux Community, Minnesota; unknown location. The human remains interest in Iowa, for the disposition of
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culturally unidentifiable human The State Historical Society of Iowa is additional requestors come forward, remains. The Native American Graves responsible for notifying the transfer of control of the human remains Protection and Repatriation Review Assiniboine and Sioux Tribes of the Fort and associated funerary objects to the Committee (Review Committee) is Peck Indian Reservation, Montana; lineal descendants, Indian tribes, or responsible for recommending specific Cheyenne River Sioux Tribe of the Native Hawaiian organizations stated in actions for disposition of culturally Cheyenne River Reservation, South this notice may proceed. unidentifiable human remains. Dakota; Crow Creek Sioux Tribe of the In October 2004, the Iowa Office of Crow Creek Reservation, South Dakota; DATES: Lineal descendants or the State Archaeologist, University of Flandreau Santee Sioux Tribe of South representatives of any Indian tribe or Iowa, the State Historical Society of Dakota; Lower Brule Sioux Tribe of the Native Hawaiian organization not Iowa, and the Office of the State Lower Brule Reservation, South Dakota; identified in this notice that wish to Archaeologist Indian Advisory Council Lower Sioux Indian Community in the request transfer of control of these (a group composed of representatives of State of Minnesota; Oglala Sioux Tribe human remains and associated funerary Native American tribes in and from (previously listed as the Oglala Sioux objects should submit a written request Iowa) hosted a tribal conference where Tribe of the Pine Ridge Reservation, with information in support of the 21 federally-recognized tribes and 1 South Dakota); Prairie Island Indian request to the Wisconsin Historical non-federally recognized tribe were Community in the State of Minnesota; Society, Museum Division, at the invited to develop the process for Rosebud Sioux Tribe of the Rosebud address in this notice by May 28, 2015. disposition of culturally unidentifiable Indian Reservation, South Dakota; ADDRESSES: Jennifer Kolb, Wisconsin human remains and associated funerary Santee Sioux Nation, Nebraska; objects in possession of the Office of the Shakopee Mdewakanton Sioux Historical Society, Museum Division, State Archaeologist, University of Iowa, Community of Minnesota; Sisseton- Madison, WI 53703–2707, telephone and the State Historical Society of Iowa, Wahpeton Oyate of the Lake Traverse (608) 264–6434, email jennifer.kolb@ in accordance with Iowa law (Code of Reservation, South Dakota; Spirit Lake wisconsinhistory.org. Iowa 263B.8). Final drafting of the Tribe, North Dakota; Standing Rock SUPPLEMENTARY INFORMATION: Notice is process was conducted through on- Sioux Tribe of North & South Dakota; here given in accordance with the going tribal consultation involving Upper Sioux Community, Minnesota; Native American Graves Protection and phone calls, mail, and email. and the Yankton Sioux Tribe of South Repatriation Act (NAGPRA), 25 U.S.C. On May 30–31, 2006, the process Dakota that this notice has been 3003, of the completion of an inventory developed through consultation was published. considered by the Review Committee. A of human remains and associated Dated: April 2, 2015. June 14, 2006, letter on behalf of the funerary objects under the control of the Review Committee from the Designated Mariah Soriano, Wisconsin Historical Society, Museum Federal Officer provisionally authorized Acting Manager, National NAGPRA Program. Division, Madison, WI. The human the Iowa Office of State Archaeologist to [FR Doc. 2015–09890 Filed 4–27–15; 8:45 am] remains and associated funerary objects proceed with the development of the BILLING CODE 4312–50–P were removed from Grant’s Point process for disposition. In 2007, the Chippewa Cemetery on Madeline Iowa Office of State Archaeologist and Island, Ashland County, WI. DEPARTMENT OF THE INTERIOR the tribes completed the NAGPRA This notice is published as part of the process document. A March 25, 2008, National Park Service National Park Service’s administrative letter from the Assistant Secretary for responsibilities under NAGPRA, 25 Fish and Wildlife and Parks, as the [NPS–WASO–NAGPRA–17920; U.S.C. 3003(d)(3). The determinations in designee for the Secretary of the PPWOCRADN0–PCU00RP14.R50000] this notice are the sole responsibility of Interior, transmitted the authorization Notice of Inventory Completion: the museum, institution, or Federal for the transfer of control according to agency that has control of the Native provisions of the Code of Iowa 263B.8 Wisconsin Historical Society, Museum Division, Madison, WI American human remains and and the NAGPRA process document, associated funerary objects. The subject to publication of a Notice of AGENCY: National Park Service, Interior. National Park Service is not responsible Inventory Completion in the Federal ACTION: Notice. for the determinations in this notice. Register. This notice fulfills that requirement. SUMMARY: The Wisconsin Historical Consultation Society, Museum Division, has Additional Requestors and Disposition completed an inventory of human A detailed assessment of the human Representatives of any Indian tribe or remains and associated funerary objects, remains was made by the Wisconsin Native Hawaiian organization not in consultation with the appropriate Historical Society, Museum Division, identified in this notice that wish to Indian tribes or Native Hawaiian professional staff in consultation with request transfer of control of these organizations, and has determined that representatives of the Bad River Band of human remains should submit a written there is a cultural affiliation between the the Lake Superior Tribe of Chippewa request with information in support of human remains and associated funerary Indians of the Bad River Reservation, the request to Jerome Thompson or objects and present-day Indian tribes or Wisconsin; Lac Courte Oreilles Band of NAGPRA Coordinator, State Historical Native Hawaiian organizations. Lineal Lake Superior Chippewa Indians of Society of Iowa, 600 East Locust, Des descendants or representatives of any Wisconsin; Lac du Flambeau Band of Moines, IA 50319, telephone (515) 281– Indian tribe or Native Hawaiian Lake Superior Chippewa Indians of the 4221, email [email protected], organization not identified in this notice Lac du Flambeau Reservation of by May 28, 2015. After that date, if no that wish to request transfer of control Wisconsin; Red Cliff Band of Lake additional requestors have come of these human remains and associated Superior Chippewa Indians of forward, transfer of control of the funerary objects should submit a written Wisconsin; Sokaogon Chippewa human remains will occur according to request to the Wisconsin Historical Community, Wisconsin; and the St. Iowa law (Code of Iowa 263B.8). Society, Museum Division. If no Croix Chippewa Indians of Wisconsin.
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History and Description of the Remains Determinations Made by the Wisconsin Dated: March 9, 2015. Historical Society, Museum Division Mariah Soriano, In 1961, human remains representing, Acting Manager, National NAGPRA Program. at minimum, two individuals Officials of the Wisconsin Historical [FR Doc. 2015–09909 Filed 4–27–15; 8:45 am] (2009.35.AS12 C3584–C3588, C3590– Society, Museum Division, have BILLING CODE 4312–50–P C3594, C3596–C3600; 2009.35.AS12 determined that: C3589, C3605–C3608, C3610–C3615, • Pursuant to 25 U.S.C. 3001(9), the plus one additional unlabeled related human remains described in this notice DEPARTMENT OF THE INTERIOR fragment F2003.25.2.1) were removed represent the physical remains of two from Grant’s Point Chippewa Cemetery individuals of Native American National Park Service in Ashland County, WI. Leland Cooper ancestry. [NPS–WASO–NAGPRA– from Hamline University in Minnesota, • Pursuant to 25 U.S.C. 3001(3)(A), 17932;PPWOCRADN0–PCU00RP14.R50000] along with several archeology students, the 31 objects described in this notice Notice of Inventory Completion: excavated the Grant’s Point Chippewa are reasonably believed to have been Cemetery site (47–AS–0012). A single California State University, placed with or near individual human Sacramento, Sacramento, CA, and burial was excavated by Cooper’s remains at the time of death or later as students with the aid of collector Al Notice of Intent To Repatriate Cultural part of the death rite or ceremony. Items: California State University, Galazen; a single skull fragment • constitutes the second individual. The Pursuant to 25 U.S.C. 3001(2), there Sacramento, Sacramento, CA; remains and funerary objects were then is a relationship of shared group Correction identity that can be reasonably traced transferred to the Science Museum of between the Native American human AGENCY: National Park Service, Interior. Minnesota. In the mid-1970s, the remains and associated funerary objects ACTION: Notice; correction. remains and funerary objects were and the Bad River Band of the Lake transferred to the Wisconsin Historical SUMMARY: The California State Superior Tribe of Chippewa Indians of Society. No known individuals were University, Sacramento has corrected a the Bad River Reservation, Wisconsin, identified. The 31 associated funerary Notice of Inventory Completion and a and the Red Cliff Band of Lake Superior Notice of Intent to Repatriate Cultural objects include 4 brass buttons; 5 silver Chippewa Indians of Wisconsin. brooches; 1 collection of white glass Items published in the Federal Register beads; 1 lot of fabric fragments; 1 lead Additional Requestors and Disposition on February 4, 2015. This notice and silver brooch fragments; 1 corrects the Indian tribes determined to assemblage of hide, bark, wool, silk, Lineal descendants or representatives be cultural affiliated in both notices. of any Indian tribe or Native Hawaiian thimble, button, and beaded decoration; Lineal descendants or representatives of organization not identified in this notice 1 basket fragment; 1 silver ring; 1 any Indian tribe or Native Hawaiian that wish to request transfer of control musket ball; 3 gunflint flakes; 1 steel fire organization not identified in this notice of these human remains and associated striker; 1 set of tweezers; 1 lot of metal that wish to request transfer of control funerary objects should submit a written of these human remains and cultural awl fragments; 1 knife blade; 1 shot and request with information in support of items should submit a written request to brooch mold; 1 lead fragment; 1 lot of the request to Jennifer Kolb, Wisconsin the California State University, birchbark fragments; 1 lot of cedar wood Historical Society, Museum Division, Sacramento. If no additional requestors fragments and square nails; 1 brass Madison, WI 53703–2707, telephone come forward, transfer of control of the kettle bail; 1 lot of scrapings from brass (608) 264–6434, email Jennifer.kolb@ human remains and cultural items to kettle; 1 brass pail with missing handle; wisconsinhistory.org, by May 28, 2015. the lineal descendants, Indian tribes, or and 1 tin pan. After that date, if no additional Native Hawaiian organizations stated in A relationship of shared group requestors have come forward, transfer this notice may proceed. identity that can be reasonably traced of control of the human remains and DATES: Lineal descendants or between these human remains and associated funerary objects the Bad representatives of any Indian tribe or funerary objects and the Bad River Band River Band of the Lake Superior Tribe Native Hawaiian organization not of the Lake Superior Tribe of Chippewa of Chippewa Indians of the Bad River identified in this notice that wish to Indians of the Bad River Reservation, Reservation, Wisconsin, and the Red request transfer of control of these Wisconsin, and the Red Cliff Band of Cliff Band of Lake Superior Chippewa human remains and cultural items Lake Superior Chippewa Indians of Indians of Wisconsin may proceed. should submit a written request with Wisconsin who are known to have The Wisconsin Historical Society, information in support of the request to inhabited the region during the Historic Museum Division is responsible for the California State University, Period. The Grant’s Point Chippewa notifying the Bad River Band of the Lake Sacramento at the address in this notice Cemetery site was a small Ojibwe Superior Tribe of Chippewa Indians of by May 28, 2015. cemetery that has an adjacent Ojibwe the Bad River Reservation, Wisconsin; ADDRESSES: Orn Bodvarsson, Dean of village that was in use from the late 18th Lac Courte Oreilles Band of Lake the College of Social Sciences and to early 19th century. Consultation Superior Chippewa Indians of Interdisciplinary Studies, CSUS, 6000 J resulted in the identification of the Bad Wisconsin; Lac du Flambeau Band of Street, Sacramento, CA 95819–6109, River Band of the Lake Superior Tribe Lake Superior Chippewa Indians of the telephone (916) 278–4864, email of Chippewa Indians of the Bad River Lac du Flambeau Reservation of [email protected]. Reservation, Wisconsin, and the Red Wisconsin; Red Cliff Band of Lake SUPPLEMENTARY INFORMATION: Notice is Cliff Band of Lake Superior Chippewa Superior Chippewa Indians of here given in accordance with the Indians of Wisconsin as direct Wisconsin; Sokaogon Chippewa Native American Graves Protection and descendants of the occupants of the Community, Wisconsin; and the St. Repatriation Act (NAGPRA), 25 U.S.C. village on Madeline Island. Croix Chippewa Indians of Wisconsin 3003, of the correction of an inventory that this notice has been published. of human remains and the correction of
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a notice of intent to repatriate cultural After that date, if no additional requestors organization not identified in this notice items under the control of the California have come forward, transfer of control of the that wish to claim these human remains State University, Sacramento, CA. human remains to Buena Vista Rancheria of and cultural items should submit a This notice is published as part of the Me-Wuk Indians of California; California Valley Miwok Tribe, California; Chicken written request with information in National Park Service’s administrative Ranch Rancheria of Me-Wuk Indians of support of the claim to Orn Bodvarsson, responsibilities under NAGPRA, 25 California; Ione Band of Miwok Indians of Dean of the College of Social Sciences U.S.C. 3003(d)(3). The determinations in California; Jackson Rancheria of Me-Wuk and Interdisciplinary Studies, CSUS, this notice are the sole responsibility of Indians of California; Shingle Springs Band 6000 J Street, Sacramento, CA 95819– the museum, institution, or Federal of Miwok Indians, Shingle Springs Rancheria 6109, telephone (916) 278–4864, email (Verona Tract), California; Tuolumne Band of agency that has control of the Native [email protected], by May 28, American human remains and cultural Me-Wuk Indians of the Tuolumne Rancheria 2015. After that date, if no additional items. The National Park Service is not of California; United Auburn Indian Community of the Auburn Rancheria of requestors have come forward, transfer responsible for the determinations in California; Wilton Miwok Rancheria, this notice. of control of the human remains and California; and two non-Federally recognized cultural items to the Buena Vista This notice corrects the Indian tribes Native American groups: El Dorado Miwok listed as cultural affiliated as published Rancheria; and Nashville-Eldorado Miwok (if Rancheria of Me-Wuk Indians of in a Notice of Inventory Completion in joined to the request of one or more of the California; California Valley Miwok the Federal Register (80 FR 6118, foregoing Indian tribes) may proceed. Tribe, California; Chicken Ranch February 4, 2015) and a Notice of Intent In the Federal Register (80 FR 6130, Rancheria of Me-Wuk Indians of to Repatriate in the Federal Register (80 February 4, 2015) paragraph 15, California; Ione Band of Miwok Indians FR 6130, February 4, 2015). The notices sentence 1 is corrected by substituting of California; Jackson Rancheria of Me- should have listed the Buena Vista the following sentence: Wuk Indians of California; Shingle Rancheria of Me-Wuk Indians of Springs Band of Miwok Indians, Shingle California; California Valley Miwok Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can Springs Rancheria (Verona Tract), Tribe, California; Chicken Ranch be reasonably traced between the Native California; Tuolumne Band of Me-Wuk Rancheria of Me-Wuk Indians of American human remains and the Buena Indians of the Tuolumne Rancheria of California; Ione Band of Miwok Indians Vista Rancheria of Me-Wuk Indians of California; United Auburn Indian of California; Jackson Rancheria of Me- California; California Valley Miwok Tribe, Community of the Auburn Rancheria of Wuk Indians of California; Tuolumne California; Chicken Ranch Rancheria of Me- California; Wilton Miwok Rancheria, Band of Me-Wuk Indians of the Wuk Indians of California; Ione Band of Miwok Indians of California; Jackson California; and two non-Federally Tuolumne Rancheria of California; recognized Native American groups: El Wilton Miwok Rancheria, California; Rancheria of Me-Wuk Indians of California; Shingle Springs Band of Miwok Indians, Dorado Miwok Rancheria; and and two non-Federally recognized Shingle Springs Rancheria (Verona Tract), Nashville-Eldorado Miwok (if joined to Native American groups: El Dorado California; Tuolumne Band of Me-Wuk the request of one or more of the Miwok Rancheria; and Nashville- Indians of the Tuolumne Rancheria of foregoing Indian tribes) may proceed. Eldorado Miwok as culturally affiliated. California; United Auburn Indian Transfer of control of the items in this Community of the Auburn Rancheria of California State University, correction notice has not occurred. California; Wilton Miwok Rancheria, Sacramento is responsible for notifying California; and two non-Federally recognized the Buena Vista Rancheria of Me-Wuk Correction Native American groups: El Dorado Miwok Indians of California; California Valley In the Federal Register (80 FR 6118, Rancheria; and Nashville-Eldorado Miwok (if joined to the request of one or more of the Miwok Tribe, California; Chicken Ranch February 4, 2015) paragraph 16, foregoing Indian tribes). Rancheria of Me-Wuk Indians of sentence 1 is corrected by substituting In the Federal Register (80 FR 6130, California; Ione Band of Miwok Indians the following sentence: February 4, 2015) paragraph 16, of California; Jackson Rancheria of Me- Pursuant to 25 U.S.C. 3001(2), there is a sentence 2 is corrected by substituting Wuk Indians of California; Shingle relationship of shared group identity that can the following sentence: Springs Band of Miwok Indians, Shingle be reasonably traced between the Native After that date, if no additional requestors Springs Rancheria (Verona Tract), American human remains and the Buena California; Tuolumne Band of Me-Wuk Vista Rancheria of Me-Wuk Indians of have come forward, transfer of control of the California; California Valley Miwok Tribe, human remains to the Buena Vista Rancheria Indians of the Tuolumne Rancheria of California; Chicken Ranch Rancheria of Me- of Me-Wuk Indians of California; California California; United Auburn Indian Wuk Indians of California; Ione Band of Valley Miwok Tribe, California; Chicken Community of the Auburn Rancheria of Miwok Indians of California; Jackson Ranch Rancheria of Me-Wuk Indians of California; Wilton Miwok Rancheria, Rancheria of Me-Wuk Indians of California; California; Ione Band of Miwok Indians of California; Jackson Rancheria of Me-Wuk California; and two non-Federally Shingle Springs Band of Miwok Indians, recognized Native American groups: El Shingle Springs Rancheria (Verona Tract), Indians of California; Shingle Springs Band California; Tuolumne Band of Me-Wuk of Miwok Indians, Shingle Springs Rancheria Dorado Miwok Rancheria; and Indians of the Tuolumne Rancheria of (Verona Tract), California; Tuolumne Band of Nashville-Eldorado Miwok that this California; United Auburn Indian Me-Wuk Indians of the Tuolumne Rancheria notice has been published. of California; United Auburn Indian Community of the Auburn Rancheria of Dated: March 19, 2015. California; Wilton Miwok Rancheria, Community of the Auburn Rancheria of California; and two non-Federally recognized California; Wilton Miwok Rancheria, Mariah Soriano, Native American groups: El Dorado Miwok California; and two non-Federally recognized Acting Manager, National NAGPRA Program. Native American groups: El Dorado Miwok Rancheria; and Nashville-Eldorado Miwok (if [FR Doc. 2015–09897 Filed 4–27–15; 8:45 am] joined to the request of one or more of the Rancheria; and Nashville-Eldorado Miwok (if foregoing Indian tribes). joined to the request of one or more of the BILLING CODE 4312–50–P foregoing Indian tribes) may proceed. In the Federal Register (80 FR 6118, February 4, 2015) paragraph 17, Additional Requestors and Disposition sentence 2 is corrected by substituting Lineal descendants or representatives the following sentence: of any Indian tribe or Native Hawaiian
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DEPARTMENT OF THE INTERIOR Consultation University’s Dr. Arion Mayes, Skeletal A detailed assessment of the human Biology, Dental Anthropology and National Park Service remains was made by the San Forensic Anthropology, has confirmed Bernardino County Museum’s the location and cultural affiliation of [NPS–WASO–NAGPRA– professional staff; Dr. Adella Schroth, this site with the Luiseno people. The 17923;PPWOCRADN0–PCU00RP14.R50000] Curator of Anthropology (retired) and estimated age of the materials from the site represent two distinct periods: Pre- Notice of Inventory Completion: San Eric Scott, Curator of Paleontology, in consultation with representatives of the European Contact, circa 1000 C.E., and Bernardino County Museum, Spanish Colonization through Mexican Pechanga Band of Luiseno Mission Redlands, CA Era California, 1769–1848. The Indians of the Pechanga Reservation, Temeeku Site was utilized as both a California; Dr. Alexis Gray, Forensic AGENCY: National Park Service, Interior. village site as well as a funeral Anthropologist; San Diego State ACTION: Notice. cremation site by the Luiseno Indians. University’s Dr. Arion Mayes, Skeletal SUMMARY: The San Bernardino County Biology, Dental Anthropology and Determinations Made by the San Museum (SBCM) has completed an Forensic Anthropology. Bernardino County Museum inventory of human remains, in History and Description of the Remains Officials of the SBCM have consultation with the appropriate determined that: Indian tribes or Native Hawaiian Between 1950 and 1955, human • Pursuant to 25 U.S.C. 3001(9), the organizations, and has determined that remains representing, at minimum, 2 human remains described in this notice there is a cultural affiliation between the individuals were removed from the represent the physical remains of at human remains and present-day Indian Temeeku site in Riverside County, CA. least 2 individuals of Native American tribes or Native Hawaiian organizations. The human remains were brought into ancestry. Lineal descendants or representatives of the SBCM’s holdings in the early 1950s. • Pursuant to 25 U.S.C. 3001(2), there any Indian tribe or Native Hawaiian The human remains are stored in 16 is a relationship of shared group organization not identified in this notice boxes and include tens of thousands of identity that can be reasonably traced that wish to request transfer of control individual artifacts. No known between the Native American human of these human remains should submit individuals were identified. No remains and the La Jolla Band of a written request to the SBCM. If no associated funerary objects are present. Luiseno Indians, California (previously additional requestors come forward, The documentation of the excavations listed as the La Jolla Band of Luiseno transfer of control of the human remains is extensive and published in the Mission Indians of the La Jolla to the lineal descendants, Indian tribes, following: McCown, B.E. Temeku A Reservation); Pala Band of Luiseno or Native Hawaiian organizations stated Page from the History of the Luisen˜ o Mission Indians of the Pala Reservation, in this notice may proceed. Indians. Redlands, CA: Archaeological California; Pauma Band of Luiseno Survey Association of Southern DATES: Lineal descendants or Mission Indians of the Pauma & Yuima California. 1955; Chartkoff, J.K. and L. representatives of any Indian tribe or Reservation, California; Pechanga Band Kona. Site Record: Ca-Riv-50. Record on Native Hawaiian organization not of Luiseno Mission Indians of the file, Eastern Information Center. 1965; identified in this notice that wish to Pechanga Reservation, California; Stein, M. Site Record: Ca-Riv-50. Record request transfer of control of these Rincon Band of Luiseno Mission on file, Eastern Information Center. human remains should submit a written Indians of the Rincon Reservation, 1981; Bowles, L.L. Site Record: Ca-Riv- request with information in support of California; and the Soboba Band of 50. Record on file, Eastern Information the request to the SBCM at the address Luiseno Indians, California. Center. 1982; Bowden, Cheryl. Site in this notice by May 28, 2015. Record: P–33–000050. Record on file, Additional Requestors and Disposition ADDRESSES: Leonard X. Hernandez, The Resource Agency Department of Lineal descendants or representatives Interim Director, San Bernardino Parks and Recreation Primary Record, of any Indian tribe or Native Hawaiian County Museum, 2024 Orange Tree California. 2002; Carrico, Richard. organization not identified in this notice Lane, Redlands, CA 92374, telephone Strangers in a Stolen Land: Indians in that wish to request transfer of control (909) 387–2220, email San Diego County from Prehistory to the of these human remains should submit [email protected]. New Deal. 2nd edition. San Diego: a written request with information in SUPPLEMENTARY INFORMATION: Notice is Sunbelt Publications. 2008; Masiel- support of the request to Leonard X. here given in accordance with the Zamora, Myra Ruth. Analysis Of ‘E´ xva Hernandez, Interim Director, San Native American Graves Protection and Teme´eku, A Luisen˜ o Indian Village Site Bernardino County Museum, 2024 Repatriation Act (NAGPRA), 25 U.S.C. Named Temeku, Located In Temecula, Orange Tree Lane, Redlands, CA 92374, 3003, of the completion of an inventory California. M.A. Thesis, San Diego State telephone (909) 387–2220, email of human remains under the sole University, Anthropology Department. [email protected], by control of the San Bernardino County 2013. May 28, 2015. After that date, if no Museum. The human remains were The human remains were removed additional requestors have come removed from the Temeeku site in from a known Luiseno village site forward, transfer of control of the Riverside County, CA. located near Temecula, CA. human remains to the La Jolla Band of This notice is published as part of the Archeological records compiled during Luiseno Indians, California (previously National Park Service’s administrative the excavation confirm that the site, listed as the La Jolla Band of Luiseno responsibilities under NAGPRA, 25 Temeeku, is directly related to the Mission Indians of the La Jolla U.S.C. 3003(d)(3). The determinations in Luiseno people. Consultation with the Reservation); Pala Band of Luiseno this notice are the sole responsibility of Pechanga Band of Luiseno Mission Mission Indians of the Pala Reservation, SBCM that has control of the Native Indians of the Pechanga Reservation, California; Pauma Band of Luiseno American human remains. The National California, Cultural Resources Mission Indians of the Pauma & Yuima Park Service is not responsible for the Department; Dr. Alexis Gray, Forensic Reservation, California; Pechanga Band determinations in this notice. Anthropologist; San Diego State of Luiseno Mission Indians of the
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Pechanga Reservation, California; DATES: Lineal descendants or deceased husband found the human Rincon Band of Luiseno Mission representatives of any Indian tribe or remains in Seattle. The human remains Indians of the Rincon Reservation, Native Hawaiian organization not were then given to the Washington State California; or the Soboba Band of identified in this notice that wish to Physical Anthropologist Dr. Guy Tasa, Luiseno Indians, California may request transfer of control of these who determined that the human proceed. human remains and associated funerary remains were originally from the Burke The San Bernardino County Museum object should submit a written request Museum’s collection and returned them is responsible for notifying the La Jolla with information in support of the to the Burke in 2010. No known Band of Luiseno Indians, California request to the Burke Museum at the individuals were identified. The one (previously listed as the La Jolla Band address in this notice by May 28, 2015. associated funerary object is a bone of Luiseno Mission Indians of the La ADDRESSES: Peter Lape, Burke Museum, point, which has been in the Burke’s Jolla Reservation); Pala Band of Luiseno University of Washington, Box 353010, collections since 1946. Mission Indians of the Pala Reservation, Seattle, WA 98195, telephone (206) The human remains have been California; Pauma Band of Luiseno 685–3849 x2, email [email protected]. determined to be Native American Mission Indians of the Pauma & Yuima based on osteological and archeological SUPPLEMENTARY INFORMATION: Reservation, California; Pechanga Band Notice is evidence. While the exact site from of Luiseno Mission Indians of the here given in accordance with the which these human remains were Pechanga Reservation, California; Native American Graves Protection and removed is unknown, the area around Rincon Band of Luiseno Mission Repatriation Act (NAGPRA), 25 U.S.C. Unalaska Bay and Dutch Harbor has Indians of the Rincon Reservation, 3003, of the completion of an inventory numerous documented archeological California; and the Soboba Band of of human remains and associated sites occupied by the Aleut (Unangan) Luiseno Indians, California that this funerary object under the control of the people (Damas, 1984; McCartney, 1998). notice has been published. Burke Museum, Seattle, WA. The Most of these sites are deep midden human remains and associated funerary Dated: March 10, 2015. deposits that date from historic times object were removed from Dutch back 4000 years. During World War II, Mariah Soriano, Harbor, Amaknak Island, Aleutians East Acting Manager, National NAGPRA Program. many of these sites, especially on Borough, AK. Amaknak Island, were impacted by [FR Doc. 2015–09927 Filed 4–27–15; 8:45 am] This notice is published as part of the military projects, and soldiers were BILLING CODE 4312–50–P National Park Service’s administrative known to have collected material responsibilities under NAGPRA, 25 (McCartney, 1998). The one bone point U.S.C. 3003(d)(3). The determinations in DEPARTMENT OF THE INTERIOR funerary object is consistent with this notice are the sole responsibility of material culture from the region and the museum, institution, or Federal National Park Service time period (Damas, 1984; McCartney, agency that has control of the Native 1998). The modern day descendants of [NPS–WASO–NAGPRA– American human remains and 18042;PPWOCRADN0–PCU00RP14.R50000] the Unalaska Bay Aleut (Unangan) are associated funerary object. The National members of the Qawalangin Tribe of Park Service is not responsible for the Unalaska. Notice of Inventory Completion: determinations in this notice. Thomas Burke Memorial Washington Determinations Made by the Burke State Museum, University of Consultation Museum Washington, Seattle, WA A detailed assessment of the human Officials of the Burke Museum have AGENCY: National Park Service, Interior. remains was made by the Burke determined that: ACTION: Notice. Museum professional staff in • Pursuant to 25 U.S.C. 3001(9), the consultation with representatives of human remains described in this notice SUMMARY: The Thomas Burke Memorial Qawalangin Tribe of Unalaska. represent the physical remains of one Washington State Museum, University History and Description of the Remains individual of Native American ancestry. of Washington (Burke Museum), has • Pursuant to 25 U.S.C. 3001(3)(A), completed an inventory of human In 1943, human remains representing, the one object described in this notice remains and associated funerary object, at minimum, one individual were is reasonably believed to have been in consultation with the appropriate removed from a sandpit two miles south placed with or near individual human Indian tribes or Native Hawaiian of the entrance to Dutch Harbor on remains at the time of death or later as organizations, and has determined that Unalaska or Amaknak Island, Aleutians part of the death rite or ceremony. there is a cultural affiliation between the East Borough, AK. These human • Pursuant to 25 U.S.C. 3001(2), there human remains and associated funerary remains were collected by Charles is a relationship of shared group objects and present-day Indian tribes or Joseph Zemalis, who was enlisted in the identity that can be reasonably traced Native Hawaiian organizations. Lineal U.S. Navy at the time, and accessioned between the Native American human descendants or representatives of any by the Burke Museum in 1946 (Burke remains and associated funerary object Indian tribe or Native Hawaiian Accn. #3427). The accession record and the Qawalangin Tribe of Unalaska. organization not identified in this notice noted the human remains came from 30 that wish to request transfer of control inches beneath the surface in a midden, Additional Requestors and Disposition of these human remains and associated along with a bone point. Lineal descendants or representatives funerary object should submit a written In 1974, several sets of human of any Indian tribe or Native Hawaiian request to the Burke Museum. If no remains, including Burke Accn. #3427, organization not identified in this notice additional requestors come forward, were transferred to Seattle University that wish to request transfer of control transfer of control of the human remains from the Burke Museum. Sometime after of these human remains and associated and associated funerary object to the that, the human remains were funerary object should submit a written lineal descendants, Indian tribes, or supposedly found in a warehouse and request with information in support of Native Hawaiian organizations stated in were later given to the New York State the request to Peter Lape, Burke this notice may proceed. Police by a woman who claimed her Museum, University of Washington, Box
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353101, Seattle, WA 98195, telephone ADDRESSES: Peter Lape, Burke Museum, osteological evidence and museum (206) 685–3849 x2, email plape@ University of Washington, Box 353010, collecting and accessioning history. uw.edu, by May 28, 2015. After that Seattle, WA 98195, telephone (206) • Pursuant to 25 U.S.C. 3001(9), the date, if no additional requestors have 685–3849, email [email protected]. human remains described in this notice come forward, transfer of control of the SUPPLEMENTARY INFORMATION: Notice is represent the physical remains of one human remains and associated funerary here given in accordance with the individual of Native American ancestry. • Pursuant to 25 U.S.C. 3001(3)(A), object to Qawalangin Tribe of Unalaska Native American Graves Protection and the one object described in this notice may proceed. Repatriation Act (NAGPRA), 25 U.S.C. is reasonably believed to have been The Burke Museum is responsible for 3003, of the completion of an inventory placed with or near individual human notifying the Qawalangin Tribe of of human remains and associated remains at the time of death or later as Unalaska that this notice has been funerary object under the control of the part of the death rite or ceremony. published. Burke Museum, Seattle, WA. The • Pursuant to 25 U.S.C. 3001(2), a human remains and associated funerary Dated: April 2, 2015. relationship of shared group identity object were removed from Douglas Mariah Soriano, cannot be reasonably traced between the County, WA. Acting Manager, National NAGPRA Program. Native American human remains and This notice is published as part of the [FR Doc. 2015–09922 Filed 4–27–15; 8:45 am] associated funerary object and any National Park Service’s administrative BILLING CODE 4312–50P present-day Indian tribe. responsibilities under NAGPRA, 25 • According to final judgments of the U.S.C. 3003(d)(3) and 43 CFR 10.11(d). Indian Claims Commission, the land DEPARTMENT OF THE INTERIOR The determinations in this notice are from which the Native American human the sole responsibility of the museum, remains and associated funerary object National Park Service institution, or Federal agency that has were removed is the aboriginal land of control of the Native American human the Sanpoil-Nespelem and Okanogan [NPS–WASO–NAGPRA–18043; remains and associated funerary objects. who are represented by the PPWOCRADN0–PCU00RP14.R50000] The National Park Service is not Confederated Tribes of the Colville responsible for the determinations in Reservation, and by the Yakama who are Notice of Inventory Completion: this notice. represented by the Confederated Tribes Thomas Burke Memorial Washington Consultation and Bands of the Yakama Nation. State Museum, University of • Treaties, Acts of Congress, and Washington, Seattle, WA A detailed assessment of the human Executive Orders, indicate that the land remains was made by the Burke AGENCY: National Park Service, Interior. from which the Native American human Museum professional staff in remains and associated funerary object ACTION: Notice. consultation with representatives of the were removed is the aboriginal land of Confederated Tribes and Bands of the the Confederated Tribes and Bands of SUMMARY: The Thomas Burke Memorial Yakama Nation, the Confederated Tribes Washington State Museum, University the Yakama Nation and the of the Colville Reservation, and the Confederated Tribes of the Colville of Washington (Burke Museum), has Wanapum Band of Priest Rapids, a non- completed an inventory of human Reservation. federally recognized Indian group. • Other authoritative governmental remains and associated funerary object, sources indicate that the land from in consultation with the appropriate History and Description of the Remains which the Native American human Indian tribes or Native Hawaiian At an unknown date, human remains remains and associated funerary object organizations, and has determined that representing, at minimum, one were removed is the aboriginal land of there is no cultural affiliation between individual were believed to have been the Confederated Tribes and Bands of the human remains and associated removed from Douglas County, WA. In the Yakama Nation, the Confederated funerary object and any present-day 1995, the human remains were found in Tribes of the Colville Reservation, and Indian tribes or Native Hawaiian the collection with little or no the Wanapum Band, a non-federally organizations. Representatives of any provenience information. A search of recognized Indian group. Indian tribe or Native Hawaiian accession records and archival • Pursuant to 43 CFR 10.11(c)(1), the organization not identified in this notice documents produced no matches to disposition of the human remains and that wish to request transfer of control known human remains collected from associated funerary object may be to the of these human remains and associated Douglas County. These human remains Confederated Tribes and Bands of the funerary object should submit a written are fragmentary and heavily weathered; Yakama Nation, the Confederated Tribes request to the Burke Museum. If no they may have been collected from the of the Colville Reservation, and the additional requestors come forward, surface. Douglas County has many sites Wanapum Band, a non-federally transfer of control of the human remains along the Columbia River in which recognized Indian group (if joined to and associated funerary object to the human remains have been found one or more of the tribes). Indian tribes or Native Hawaiian eroding out from sites. No known organizations stated in this notice may individuals were identified. The one Additional Requestors and Disposition proceed. associated funerary object is a deer Representatives of any Indian tribe or DATES: Representatives of any Indian bone. Native Hawaiian organization not tribe or Native Hawaiian organization identified in this notice that wish to Determinations Made by the Burke not identified in this notice that wish to request transfer of control of these Museum request transfer of control of these human remains and associated funerary human remains and associated funerary Officials of the Burke Museum have object should submit a written request object should submit a written request determined that: with information in support of the with information in support of the • Pursuant to 25 U.S.C. 3001(9), the request to Peter Lape, Burke Museum, request to the Burke Museum at the human remains described in this notice University of Washington, Box 353010, address in this notice by May 28, 2015. are Native American based on Seattle, WA 98195, telephone (206)
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685–3849 x2, email [email protected], by submit a written request with June 28, 1989 and August 8, 1997. The May 28, 2015. After that date, if no information in support of the request to Robert S. Peabody Museum of additional requestors have come the Robert S. Peabody Museum of Archaeology retained control of the forward, transfer of control of the Archaeology at the address in this associated funerary objects. Byers human remains and associated funerary notice by May 28, 2015. describes the excavation of twelve object to the Confederated Tribes and ADDRESSES: Dr. Ryan J. Wheeler, Robert graves containing the burials of 22 to 27 Bands of the Yakama Nation, the S. Peabody Museum of Archaeology, individuals; in some cases human Confederated Tribes of the Colville Phillips Academy, 180 Main Street, remains were not collected. The Reservation, and the Wanapum Band, a Andover, MA 01810, telephone (978) Harvard Peabody has detailed non-federally recognized Indian group 749–4490, email [email protected]. information on the human remains; also (if joined to one or more of the tribes) SUPPLEMENTARY INFORMATION: Notice is see the Harvard Peabody’s two entries may proceed. here given in accordance with the for ‘‘Bluehill Falls, Nevin Shellheap’’ in The Burke Museum is responsible for Native American Graves Protection and the Culturally Unidentifiable (CUI) notifying the Confederated Tribes and Repatriation Act (NAGPRA), 25 U.S.C. Native American Inventories Database Bands of the Yakama Nation, the 3003, of the completion of an inventory maintained on the National NAGPRA Confederated Tribes of the Colville of associated funerary objects under the Program Web site. The 462 associated Reservation, and the Wanapum Band, a control of the Robert S. Peabody funerary objects are stone adze (4), non-federally recognized Indian group, Museum of Archaeology, Phillips antler tool (2), birch bark fragment (9), that this notice has been published. Academy, Andover, MA. The associated pileated woodpecker beak (1), beaver Dated: April 2, 2015. funerary objects were removed from the tooth and tooth fragments (16), stone Mariah Soriano, Nevin site at Blue Hill in Hancock biface (1), faunal remains, teeth and bone fragments (188), animal teeth and Acting Manager, National NAGPRA Program. County, ME. This notice is published as part of the fragments (31), antler flaking tool (1), [FR Doc. 2015–09865 Filed 4–27–15; 8:45 am] bone flaking tool (1), bird bone flute (1), BILLING CODE 4312–50–P National Park Service’s administrative responsibilities under NAGPRA, 25 harpoon foreshaft (3), stone gouge (3), U.S.C. 3003(d)(3). The determinations in hammerstone (6), animal tooth, incisor (4), mink jaw fragments (2), modified DEPARTMENT OF THE INTERIOR this notice are the sole responsibility of the museum, institution, or Federal mineral fragments, iron (1), red ochre National Park Service agency that has control of the Native and soil (1), bone pendant (2), American associated funerary objects. perforated animal teeth and fragments [NPS–WASO–NAGPRA–18066; (34), perforators, awls, daggers, pikes, PPWOCRADN0–PCU00RP14.R50000] The National Park Service is not responsible for the determinations in knives, and needles of bone, including Notice of Inventory Completion: Robert this notice. fragments (100), stone plummet (6), S. Peabody Museum of Archaeology, bone point (2), stone bayonet and Consultation Phillips Academy, Andover, MA fragments (2), bone harpoons (9), stone A detailed assessment of the projectile point (1), polishing stone (1), AGENCY: National Park Service, Interior. associated funerary objects was made by iron pyrites (9), scraper or flesher of ACTION: Notice. the Robert S. Peabody Museum of bone (1), soil sample (2), swordfish Archaeology professional staff in rostrum (1), deer antler socket (1), SUMMARY: The Robert S. Peabody consultation with representatives of the unmodified stone (1), porpoise vertebra Museum of Archaeology has completed Aroostook Band of Micmacs (previously and fragments (12), and hammerstone an inventory of associated funerary listed as the Aroostook Band of Micmac and iron pyrites with fragments (3). An objects, in consultation with the Indians); Houlton Band of Maliseet additional 52 associated funerary appropriate Indian tribes or Native Indians; Passamaquoddy Tribe; and the objects are currently missing; the Hawaiian organizations, and has Penobscot Nation (previously listed as missing associated funerary objects are determined that there is a cultural the Penobscot Tribe of Maine). beaver tooth (2), biface (3), animal bone affiliation between the associated fragment (4), stone gouge (1), funerary objects and present-day Indian History and Description of the miscellaneous faunal remains (18), tribes or Native Hawaiian organizations. Associated Funerary Objects perforated animal tooth fragments (16), Lineal descendants or representatives of In 1936 and 1937, human remains bone perforator (6), and bone point (2). any Indian tribe or Native Hawaiian representing, at minimum, 19 Information about the Nevin site is organization not identified in this notice individuals were removed from the found in Douglas Byers’s report, The that wish to request transfer of control Nevin site, Hancock County, ME. The Nevin Shellheap: Burials and of these associated funerary objects Nevin site is located on Mill Island in Observations (1979), in the extensive should submit a written request to the the town of Blue Hill, along Blue Hill fieldnotes of the Nevin site project on Robert S. Peabody Museum of Bay. The site was investigated by file at the Robert S. Peabody Museum of Archaeology. If no additional requestors Douglas Byers and Frederick Johnson as Archaeology, Lesley Shaw’s article ‘‘A come forward, transfer of control of the part of their study of the Nevin shell Biocultural Evaluation of the Skeletal associated funerary objects to the lineal mound from 1936 through 1940; in Population from the Nevin Site, Blue descendants, Indian tribes, or Native March 1941, the human remains were Hill, Maine’’ (1988), Brian Robinson’s Hawaiian organizations stated in this transferred on loan to the Peabody Ph.D. dissertation Burial Ritual, Groups, notice may proceed. Museum of Archaeology and Ethnology and Boundaries on the Gulf of Maine, DATES: Lineal descendants or at Harvard University, Cambridge, MA 8600–3800 B.P. (2001), Bruce J. Bourque representatives of any Indian tribe or (a completely separate institution from and Harold W. Krueger’s book chapter Native Hawaiian organization not the Robert S. Peabody Museum of ‘‘Dietary Reconstruction from Human identified in this notice that wish to Archaeology and referred to here as the Bone Isotopes for Five Coastal New request transfer of control of these Harvard Peabody) and control was England Populations’’ (1994), and in the associated funerary objects should transferred in two separate instances on files of the Maine Historic Preservation
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Commission, Maine Archaeological certainty that there is no way to affiliate Museum of Archaeology, Phillips Survey (site #042.001). Byers suggests the Nevin site with contemporary tribes Academy, 180 Main Street, Andover, that the site was associated with a tidal to more moderate views that recognize MA 01810, telephone (978) 749–4490, reversing falls, an unusual natural the archeological evidence is equivocal. email [email protected], by May phenomenon created by tidal flow One archeologist interviewed by 28, 2015. After that date, if no funneled through a narrow channel, Newsom expressed the opinion that the additional requestors have come creating high standing waves. Susquehanna Tradition did represent an forward, transfer of control of the Radiocarbon dates and material culture intrusion into the area that lasted for associated funerary objects to the affirm that the Nevin site burials are about 1,000 years and cited their Aroostook Band of Micmacs (previously part of the Late Archaic Late Moorehead research on bone artifacts to support listed as the Aroostook Band of Micmac Burial Tradition, circa 4,000 to 3,700 this statement. That archeologist further Indians); Houlton Band of Maliseet B.P. Burial in a shell mound contributed noted it seemed unlikely that the more Indians; Passamaquoddy Tribe; and the to preservation of both the human ancient population had been completely Penobscot Nation (previously listed as remains and associated funerary objects replaced by Susquehanna people. the Penobscot Tribe of Maine) may of animal bone. Occupation of the Nevin Anthropological perspectives proceed. shell mound pre-dates the interments regarding affiliation of the Wabanaki The Robert S. Peabody Museum of and continued well into the Woodland peoples with the cultures of the Late Archaeology is responsible for notifying period. At least one of the burials from Archaic are consistent with the the Aroostook Band of Micmacs Nevin is believed to be from this later contemporary viewpoint of the (previously listed as the Aroostook Band Woodland occupation (see Shaw, 1988). Wabanaki. Three anthropologists who of Micmac Indians); Houlton Band of Affiliation of the Nevin site associated have worked closely with the Wabanaki Maliseet Indians; Passamaquoddy Tribe; funerary objects with the contemporary were interviewed about the affiliation of and the Penobscot Nation (previously Wabanaki tribes is based on the contemporary Maine tribes and the listed as the Penobscot Tribe of Maine) following lines of evidence: Moorehead Tradition; all three stated that this notice has been published. geographical, biological, archeological, that Wabanaki oral tradition is a reliable Dated: April 7, 2015. linguistic, folklore, and oral tradition. source of information and that Mariah Soriano, Oral history narratives that place the narratives are often tied to specific Acting Manager, National NAGPRA Program. origins of the Penobscot, landscape features, with language and [FR Doc. 2015–09911 Filed 4–27–15; 8:45 am] Passamaquoddy, and Maliseet in Maine stories reflecting a long presence in are often tied to specific places, Maine. Additional information about BILLING CODE 4312–50–P landscape features, and ecological zones each line of evidence used in this characteristic of Maine. These oral determination is on file at the Robert S. DEPARTMENT OF THE INTERIOR history narratives are significant in Peabody Museum of Archaeology. affiliating the Penobscot, National Park Service Passamaquoddy, and Maliseet with the Determinations Made by the Robert S. Nevin site, especially as archeological Peabody Museum of Archaeology [NPS–WASO–NAGPRA–17918; evidence is equivocal regarding Officials of the Robert S. Peabody PPWOCRADN0–PCU00RP14.R50000] connections. Long term occupation and Museum of Archaeology have Notice of Inventory Completion: re-occupation of places, like the Nevin determined that: Thomas Burke Memorial Washington • Pursuant to 25 U.S.C. 3001(3)(A), site, along with the significance of State Museum, University of the 514 objects described in this notice place-names, canoe and trail routes, and Washington, Seattle, WA landscape features reaffirm Wabanaki are reasonably believed to have been connections and may reflect more placed with or near individual human AGENCY: National Park Service, Interior. ancient traditions of aggregation in remains at the time of death or later as ACTION: Notice. certain places. Contemporary part of the death rite or ceremony. Only archeological theory recognizes that the 462 associated funerary objects that SUMMARY: The Thomas Burke Memorial shell mounds, like the Nevin site, as have been located are eligible for Washington State Museum (Burke symbolically charged and highly visible transfer of control at this time. Museum) has completed an inventory of monuments, and also recognize the long • Pursuant to 25 U.S.C. 3001(2), there human remains, in consultation with temporal use of such monuments (for is a relationship of shared group the appropriate Indian tribes or Native example, see Paul R. Fish et al. on shell identity that can be reasonably traced Hawaiian organizations, and has mounds as persistent places in the 2013 between the Native American associated determined that there is a cultural book The Archaeology and Historical funerary objects and the Aroostook affiliation between the human remains Ecology of Small Scale Economies, Band of Micmacs (previously listed as and present-day Indian tribes or Native edited by Victor D. Thompson and the Aroostook Band of Micmac Indians); Hawaiian organizations. Lineal James C. Waggoner Jr.). Continuity Houlton Band of Maliseet Indians; descendants or representatives of any between ancient and contemporary Passamaquoddy Tribe; and the Indian tribe or Native Hawaiian indigenous people is supported by the Penobscot Nation (previously listed as organization not identified in this notice long temporal occupation of the Nevin the Penobscot Tribe of Maine). that wish to request transfer of control shell mound by both Archaic and of these human remains should submit Additional Requestors and Disposition Woodland cultures. a written request to the Burke Museum. Archeologist Bonnie Newsom (2008) Lineal descendants or representatives If no additional requestors come conducted interviews with Maine of any Indian tribe or Native Hawaiian forward, transfer of control of the archeologists regarding their ideas and organization not identified in this notice human remains to the lineal opinions on NAGPRA and affiliation, that wish to request transfer of control descendants, Indian tribes, or Native especially as it relates to the 1000 year of these associated funerary objects Hawaiian organizations stated in this rule proposed by the Maine Historical should submit a written request with notice may proceed. Commission. The opinions of information in support of the request to DATES: Lineal descendants or archeologists range from absolute Dr. Ryan J. Wheeler, Robert S. Peabody representatives of any Indian tribe or
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Native Hawaiian organization not Suttles 1951, and Termaine 1975). SUMMARY: The U.S. Department of the identified in this notice that wish to Lummi Island was determined by the Interior, National Park Service, De Soto request transfer of control of these Indian Claims Commission to be within National Memorial has completed an human remains should submit a written the aboriginal territory of the Lummi. inventory of human remains in request with information in support of The Lummi were signatories to the 1855 consultation with the appropriate the request to the Burke Museum at the Point Elliot Treaty and today are Indian tribes or Native Hawaiian address in this notice by May 28, 2015. represented by the Lummi Tribe of the organizations, and has determined that ADDRESSES: Peter Lape, Burke Museum, Lummi Reservation. there is no cultural affiliation between University of Washington, Box 353010, Determinations Made by the Burke the human remains and any present-day Seattle, WA 98195, telephone (206) Museum Indian tribes or Native Hawaiian 685–3849 x2, [email protected]. organizations. Representatives of any Officials of the Burke Museum have SUPPLEMENTARY INFORMATION: Notice is Indian tribe or Native Hawaiian determined that: organization not identified in this notice here given in accordance with the • Pursuant to 25 U.S.C. 3001(9), the that wish to request transfer of control Native American Graves Protection and human remains described in this notice of these human remains should submit Repatriation Act (NAGPRA), 25 U.S.C. represent the physical remains of one a written request to De Soto National 3003, of the completion of an inventory individual of Native American ancestry. of human remains under the control of • Pursuant to 25 U.S.C. 3001(2), there Memorial. If no additional requestors the Burke Museum, University of is a relationship of shared group come forward, transfer of control of the Washington, Seattle, WA. The human identity that can be reasonably traced human remains to the Indian tribes or remains were removed from Eliza between the Native American human Native Hawaiian organizations stated in Island, Whatcom County, WA. remains and the Lummi Tribe of the this notice may proceed. This notice is published as part of the Lummi Reservation. DATES: Representatives of any Indian National Park Service’s administrative tribe or Native Hawaiian organization responsibilities under NAGPRA, 25 Additional Requestors and Disposition not identified in this notice that wish to U.S.C. 3003(d)(3). The determinations in Lineal descendants or representatives this notice are the sole responsibility of request transfer of control of these of any Indian tribe or Native Hawaiian human remains should submit a written the museum, institution, or Federal organization not identified in this notice request with information in support of agency that has control of the Native that wish to request transfer of control the request to De Soto National American human remains. The National of these human remains should submit Memorial at the address in this notice Park Service is not responsible for the a written request with information in by May 28, 2015. determinations in this notice. support of the request to Peter Lape, Consultation Burke Museum, University of ADDRESSES: Jorge Acevedo, Washington, Box 353010, Seattle, WA Superintendent, De Soto National A detailed assessment of the human 98195, telephone (206) 685–3849 x2, Memorial, P.O. Box 15390, Bradenton, remains was made by the Burke [email protected], by May 28, 2015. After FL 34280, telephone (941) 791–0458, Museum professional staff in that date, if no additional requestors email [email protected]. consultation with representatives of the have come forward, transfer of control Lummi Tribe of the Lummi Reservation; of the human remains to the Lummi SUPPLEMENTARY INFORMATION: Notice is the Nooksack Indian Tribe; and the Tribe of the Lummi Reservation may here given in accordance with the Samish Indian Nation (previously listed proceed. Native American Graves Protection and as the Samish Indian Tribe, The Burke Museum is responsible for Repatriation Act (NAGPRA), 25 U.S.C. Washington). notifying the Lummi Tribe of the 3003, of the completion of an inventory of human remains under the control of History and Description of the Remains Lummi Reservation; the Nooksack Indian Tribe; and the Samish Indian the U.S. Department of the Interior, In 1964, human remains representing, Nation (previously listed as the Samish National Park Service, De Soto National at minimum, one individual were Indian Tribe, Washington) that this Memorial, Bradenton, FL. The human removed from 45–WH–61 on Eliza notice has been published. remains were removed from unknown Island, Whatcom County, WA. These sites in Manatee County, FL. remains were found by Richard C. Dated: February 26, 2015. This notice is published as part of the Anderson of Eastgate Realty Company Melanie O’Brien, National Park Service’s administrative while bulldozing for a runway on Eliza Acting Manager, National NAGPRA Program. responsibilities under NAGPRA, 25 Island. The remains were brought to the [FR Doc. 2015–09900 Filed 4–27–15; 8:45 am] U.S.C. 3003(d)(3) and 43 CFR 10.11(d). Burke Museum for identification and BILLING CODE 4312–50–P then donated to the museum in 1965 The determinations in this notice are (Burke Accn. #1965–27). No known the sole responsibility of the individuals were identified. No funerary DEPARTMENT OF THE INTERIOR Superintendent, De Soto National objects are present. Memorial. National Park Service The human remains have been Consultation determined to be Native American [NPS–WASO–NAGPRA–18019; based on osteological and archeological PPWOCRADN0–PCU00RP14.R50000] A detailed assessment of the human evidence. Site 45–WH–61is a pre- remains was made by De Soto National contact shell midden site on Eliza Notice of Inventory Completion: U.S. Memorial professional staff in Island, a small island located less than Department of the Interior, National consultation with representatives of the a mile to the east of Lummi Island in Park Service, De Soto National Miccosukee Tribe of Indians and the Whatcom County, WA. Historical and Memorial, Bradenton, FL Seminole Tribe of Florida (previously anthropological sources state that Eliza AGENCY: National Park Service, Interior. listed as the Seminole Tribe of Florida Island is within the traditional territory (Dania, Big Cypress, Brighton, ACTION: Notice. of the Lummi (Amoss 1978, Stern 1934, Hollywood & Tampa Reservations)).
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History and Description of the Remains (previously listed as the Seminole Tribe transfer of control of associated funerary On an unknown date, human remains of Florida (Dania, Big Cypress, Brighton, objects to the lineal descendants, Indian representing, at minimum, two Hollywood & Tampa Reservations)). tribes, or Native Hawaiian organizations stated in this notice may proceed. individuals were removed from an Additional Requestors and Disposition unknown site in Manatee County, FL, DATES: Lineal descendants or Representatives of any Indian tribe or representatives of any Indian tribe or by a park visitor. In 2003, these remains Native Hawaiian organization not were discovered in the De Soto National Native Hawaiian organization not identified in this notice that wish to identified in this notice that wish to Memorial archives. No known request transfer of control of these individuals were identified. No request transfer of control of these human remains should submit a written associated funerary objects should associated funerary objects are present. request with information in support of submit a written request with In the 1940s and 1950s, human the request to Jorge Acevedo, information in support of the request to remains representing, at minimum, Superintendent, De Soto National the Arkansas Archeological Survey at three individuals were removed from Memorial, P.O. Box 15390, Bradenton, the address in this notice by May 28, unknown sites in Manatee County, FL, FL 34280, telephone (941) 791–0458, 2015. by a park visitor. The remains were email [email protected], by May donated to De Soto National Memorial 28, 2015. After that date, if no ADDRESSES: George Sabo, Director, in 1997. No known individuals were additional requestors have come Arkansas Archeological Survey, 2475 identified. No associated funerary forward, transfer of control of the North Hatch Avenue, Fayetteville, AR objects are present. human remains to the Miccosukee Tribe 72704, telephone (479) 575–3556. Information from the collectors of Indians and the Seminole Tribe of SUPPLEMENTARY INFORMATION: Notice is indicates that the remains were Florida (previously listed as the here given in accordance with the probably removed from Shaw’s Point Seminole Tribe of Florida (Dania, Big Native American Graves Protection and site. The Shaw’s Point site is a midden Cypress, Brighton, Hollywood & Tampa Repatriation Act (NAGPRA), 25 U.S.C. containing materials from the Woodland Reservations)) may proceed. 3003, of the correction of an inventory to Mississippian period (circa 1000 De Soto National Memorial is of human remains and associated B.C.–A.D. 1650). responsible for notifying the funerary objects under the control of the Determinations Made by De Soto Miccosukee Tribe of Indians and the Arkansas Archeological Survey. The National Memorial Seminole Tribe of Florida (previously human remains and associated funerary listed as the Seminole Tribe of Florida objects were removed from multiple Officials of De Soto National (Dania, Big Cypress, Brighton, counties in Arkansas. Memorial have determined that: Hollywood & Tampa Reservations)) that This notice is published as part of the • Pursuant to 25 U.S.C. 3001(9), the this notice has been published. National Park Service’s administrative human remains described in this notice responsibilities under NAGPRA, 25 are Native American based on Dated: March 31, 2015. U.S.C. 3003(d)(3). The determinations in archeological context and age. Mariah Soriano, this notice are the sole responsibility of • Pursuant to 25 U.S.C. 3001(9), the Acting Manager, National NAGPRA Program. the museum, institution, or Federal human remains described in this notice [FR Doc. 2015–09931 Filed 4–27–15; 8:45 am] agency that has control of the Native represent the physical remains of five BILLING CODE 4312–50–P American human remains and individuals of Native American associated funerary objects. The ancestry. National Park Service is not responsible • Pursuant to 25 U.S.C. 3001(2), a DEPARTMENT OF THE INTERIOR for the determinations in this notice. relationship of shared group identity This notice corrects the number of cannot be reasonably traced between the National Park Service associated funerary objects published in Native American human remains and [NPS–WASO–NAGPRA–17921; a Notice of Inventory Completion in the any present-day Indian tribe. PPWOCRADN0–PCU00RP14.R50000] Federal Register (79 FR 76351–76361, • According to final judgments of the December 22, 2014). In preparing the Indian Claims Commission or the Court Notice of Inventory Completion: associated funerary objects for transfer, of Federal Claims, the land from which Arkansas Archeological Survey, discrepancies were discovered in the the Native American human remains Fayetteville, AR; Correction count of associated funerary objects. were removed is the aboriginal land of AGENCY: National Park Service, Interior. Transfer of control of the items in this the Miccosukee Tribe of Indians and the ACTION: Notice; correction. correction notice has not occurred. Seminole Tribe of Florida (previously listed as the Seminole Tribe of Florida SUMMARY: The Arkansas Archeological Correction (Dania, Big Cypress, Brighton, Survey has corrected an inventory of In the Federal Register (79 FR 76351– Hollywood & Tampa Reservations)). human remains and associated funerary • 76361, December 22, 2014), paragraph 8, Treaties, Acts of Congress, or objects, published in a Notice of sentence 3 is corrected by substituting Executive Orders, indicate that the land Inventory Completion in the Federal the following sentence: from which the Native American human Register on December 22, 2014. This remains were removed is the aboriginal notice corrects the number of associated The nine associated funerary objects land of the Miccosukee Tribe of Indians funerary objects listed in that notice. include nine fragments of two different ceramic vessels. and the Seminole Tribe of Florida Lineal descendants or representatives of (previously listed as the Seminole Tribe any Indian tribe or Native Hawaiian In the Federal Register (79 FR 76351– of Florida (Dania, Big Cypress, Brighton, organization not identified in this notice 76361, December 22, 2014), paragraph Hollywood & Tampa Reservations)). that wish to request transfer of control 79, sentence three and four are corrected • Pursuant to 43 CFR 10.11(c)(1), the of these associated funerary objects by substituting the following sentences: disposition of the human remains may should submit a written request to the No associated funerary objects are present. be to the Miccosukee Tribe of Indians Arkansas Archeological Survey. If no Diagnostic artifacts found at site 3MS4 and the Seminole Tribe of Florida additional requestors come forward, indicate that these human remains were
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probably buried during the Late Woodland Avenue, Fayetteville, AR 72704, SUPPLEMENTARY INFORMATION: Notice is and Early Mississippian periods (A.D. 750– telephone (479) 575–3556, by May 28, here given in accordance with the 950) 2015. After that date, if no additional Native American Graves Protection and In the Federal Register (79 FR 76351– requestors have come forward, transfer Repatriation Act (NAGPRA), 25 U.S.C. 76361, December 22, 2014), paragraph of control of the associated funerary 3003, of the completion of an inventory 111, sentence 3 is corrected by objects to The Quapaw Tribe of Indians of human remains under the control of substituting the following sentence: may proceed. the Arizona State Museum, Tucson, AZ (ASM). The human remains were The two associated funerary objects The Arkansas Archeological Survey is include one Neeley’s Ferry Plain bottle and responsible for notifying The Quapaw removed from sites within the one Neeley’s Ferry Plain effigy bowl. Tribe of Indians that this notice has boundaries of the Fort Apache Indian been published. Reservation, Gila and Navajo Counties, In the Federal Register (79 FR 76351– Dated: March 4, 2015. AZ. 76361, December 22, 2014), paragraph This notice is published as part of the 113, sentence 3 is corrected by Melanie O’Brien, National Park Service’s administrative substituting the following sentence: Acting Manager, National NAGPRA Program. responsibilities under NAGPRA, 25 The eight associated funerary objects [FR Doc. 2015–09929 Filed 4–27–15; 8:45 am] U.S.C. 3003(d)(3). The determinations in include two ceramic bottles, five vessels, and BILLING CODE 4312–50–P this notice are the sole responsibility of one jar. the museum, institution, or Federal agency that has control of the Native In the Federal Register (79 FR 76351– DEPARTMENT OF THE INTERIOR 76361, December 22, 2014), paragraph American human remains. The National Park Service is not responsible for the 128, sentence 3 is corrected by National Park Service substituting the following sentence: determinations in this notice. The 158 associated funerary objects [NPS–WASO–NAGPRA–18044; Consultation include one Barton incised ‘‘Helmet-like’’ PPWOCRADN0–PCU00RP14.R50000] A detailed assessment of the human bowl, one Bell Plain jar, five Mississippi remains was made by the ASM Plain ‘‘Helmet’’ bowls, two Mississippi Plain Notice of Inventory Completion: professional staff in consultation with ‘‘Helmet’’ jars, 23 shell beads, two Old Town Arizona State Museum, University of representatives of the Hopi Tribe of red bottles, five pieces of red ochre, three Arizona, Tucson, AZ Nodena arrow point preform fragments, one Arizona; White Mountain Apache Tribe grooved sandstone maul, one Wallace Incised AGENCY: National Park Service, Interior. of the Fort Apache Indian Reservation, var unspec bowl, one quartz crystal, one Arizona; and the Zuni Tribe of the Zuni ACTION: Notice. Avenue Polychrome var unspec bottle, one Reservation, New Mexico. engraved siltstone pendant, one sandstone SUMMARY: The Arizona State Museum, rubbing/polishing stone, 14 tubular metal History and Description of the Remains beads, three untyped arrow point, four University of Arizona, has completed an inventory of human remains in In 1987, fragmentary human remains Nodena arrow points, two Old Town red representing, at minimum, three ‘‘Helmet’’ bowl, two Mississippi Plain consultation with the appropriate Indian tribes or Native Hawaiian individuals were removed from the miniature deep bowls, eight glass beads, 71 Hilltop Ruin Site, AZ P:14:12(ASM) in metal and brass beads, two metal tinkle organizations, and has determined that cones, one perforator/graver, one Old Town there is a cultural affiliation between the Navajo County, AZ, during a legally- red effigy bowl, one thumbnail scraper, and human remains and present-day Indian authorized survey conducted by the one plain jar. tribes or Native Hawaiian organizations. University of Arizona Archaeological Field School. The human remains were In the Federal Register (79 FR 76351– Lineal descendants or representatives of collected by field school staff during 76361, December 22, 2014), paragraph any Indian tribe or Native Hawaiian survey of several sites that had been 132, sentence 3 is corrected by organization not identified in this notice subjected to vandalism. The human substituting the following sentence: that wish to request transfer of control of these human remains should submit remains were brought to the University The one associated funerary object is a of Arizona at the conclusion of the field gorget. a written request to the Arizona State Museum. If no additional requestors school, but were not accessioned at that In the Federal Register (79 FR 76351– come forward, transfer of control of the time. The human remains were 76361, December 22, 2014), paragraph human remains to the lineal rediscovered by Arizona State Museum 161 is corrected by substituting the descendants, Indian tribes, or Native curators in 2014. No known individuals following paragraph: Hawaiian organizations stated in this were identified. No associated funerary objects are present. Pursuant to 25 U.S.C. 3001(3)(A), the 214 notice may proceed. objects described in this notice are The Hilltop Ruin is a pueblo site of DATES: Lineal descendants or 75 to 100 rooms. The ceramic types reasonably believed to have been placed with representatives of any Indian tribe or or near individual human remains at the time indicate that the village was occupied of death or later as part of the death rite or Native Hawaiian organization not during the period A.D. 1300 to 1400. ceremony. identified in this notice that wish to These characteristics are consistent with request transfer of control of these the archeologically described Upland Additional Requestors and Disposition human remains should submit a written Mogollon or prehistoric Western Pueblo Lineal descendants or representatives request with information in support of traditions. of any Indian tribe or Native Hawaiian the request to the Arizona State In 1987, fragmentary human remains organization not identified in this notice Museum at the address in this notice by representing, at minimum, two that wish to request transfer of control May 28, 2015. individuals were removed from an of these associated funerary objects ADDRESSES: John McClelland, NAGPRA unnamed site, AZ V:2:22(ASM) in should submit a written request with Coordinator, P.O. Box 210026, Arizona Navajo County, AZ, during a legally- information in support of the request to State Museum, University of Arizona, authorized survey conducted by the George Sabo, Director, Arkansas Tucson, AZ 85721, telephone (520) 626– University of Arizona Archaeological Archeological Survey, 2475 North Hatch 2950. Field School. The human remains were
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collected by field school staff during kivas, polished and paint-decorated abandoned. People returned to these survey of several sites that had been ceramics, unpainted corrugated places from time to time, either to subjected to vandalism. The human ceramics, inhumation burials, reoccupy them or for the purpose of remains were brought to the University cradleboard cranial deformation, religious pilgrimages—a practice that of Arizona at the conclusion of the field grooved stone axes, and bone artifacts. has continued to the present-day. school, but were not accessioned at that The combination of the material culture Archeologists have found ceramic time. The human remains were attributes and a subsistence pattern, evidence at shrines in the Upland rediscovered by Arizona State Museum which included hunting and gathering Mogollon region that confirms these curators in 2014. No known individuals augmented by maize agriculture, helps reports. Zuni cultural advisors have were identified. No associated funerary to identify an earlier group. names for plants endemic to the objects are present. Archeologists have also remarked that Mogollon region that do not grow on the AZ V:2:22(ASM) is described as a there are strong similarities between this Zuni Reservation. They also have small pueblo site with a large quantity earlier group and present-day tribes knowledge about traditional medicinal of surface pottery fragments and included in the Western Pueblo and ceremonial uses for these resources, possibly including garden plots. Based ethnographic group, especially the Hopi which has been passed down to them on the ceramic assemblage, the site Tribe of Arizona and the Zuni Tribe of from their ancestors. Furthermore, Hopi likely dates to the late Mogollon period. the Zuni Reservation, New Mexico. The and Zuni cultural advisors have These characteristics are consistent with similarities in ceramic traditions, burial recognized that their ancestors may the archeologically described Upland practices, architectural forms, and have been co-resident at some of the Mogollon or prehistoric Western Pueblo settlement patterns have led sites in this region during their ancestral traditions. archeologists to believe that the migrations. In 1987, fragmentary human remains prehistoric inhabitants of the Mogollon There are differing points of view representing, at minimum, one Rim region migrated north and west to regarding the possible presence of individual were removed from Canyon the Hopi mesas, and north and east to Apache people in the Upland Mogollon Butte Pueblo, AZ V:2:49(ASM) in Gila the Zuni River Valley. Certain objects region during the time that these ancient County, AZ, during a legally-authorized found in Upland Mogollon sites were occupied. Some Apache survey conducted by the University of archeological sites have been found to traditions describe interactions with Arizona Archaeological Field School. have strong resemblances to ritual Ancestral Puebloan people during this The human remains were collected by paraphernalia that are used in time, but according to these stories, field school staff during survey of continuing religious practices by the Puebloan people and Apache people several sites that had been subjected to Hopi and Zuni. Some petroglyphs on were regarded as having separate vandalism. The human remains were the Fort Apache Indian Reservation identities. The White Mountain Apache brought to the University of Arizona at have also persuaded archeologists of Tribe of the Fort Apache Reservation, the conclusion of the field school, but continuities between the earlier Arizona, does not claim cultural were not accessioned at that time. The identified group and current-day affiliation with the human remains from human remains were rediscovered by Western Pueblo people. Biological these ancestral Upland Mogollon sites. Arizona State Museum curators in 2014. information from the site of As reported by Welch and Ferguson No known individuals were identified. Grasshopper Pueblo, which is located in (2005), consultations between the White No associated funerary objects are close proximity to the sites listed above, Mountain Apache Tribe of the Fort present. supports the view that the prehistoric Apache Reservation, Arizona, and the Canyon Butte Pueblo is an L-shaped Navajo Nation, Arizona, New Mexico & masonry building of 40 to 65 rooms, occupants of the Upland Mogollon region had migrated from various Utah; Pueblo of Acoma, New Mexico; with a walled plaza. The architectural and Pueblo of Laguna, New Mexico, forms and ceramic types indicate that locations to the north and west of the region. have indicated that none of these tribes the village was occupied during the wish to pursue claims of affiliation with period A.D. 1275–1400. These Hopi and Zuni oral traditions parallel sites on White Mountain Apache Tribal characteristics are consistent with the the archeological evidence for lands. Finally, the White Mountain archeologically described Upland migration. Migration figures Apache Tribe of the Fort Apache Mogollon or prehistoric Western Pueblo prominently in Hopi oral tradition, Reservation, Arizona, supports the traditions. which refers to the ancient sites, repatriation of human remains from A detailed discussion of the basis for pottery, stone tools, petroglyphs, and these ancestral Upland Mogollon sites cultural affiliation of archeological sites other artifacts left behind by the and is ready to assist the Hopi Tribe of in the region where the above sites are ancestors as ‘‘Hopi Footprints.’’ This Arizona and Zuni Tribe of the Zuni located may be found in ‘‘Cultural migration history is complex and Reservation, New Mexico, in their Affiliation Assessment of White detailed, and includes traditions reburial. Mountain Apache Tribal Lands (Fort relating specific clans to the Mogollon Apache Indian Reservation),’’ by John R. region. Hopi cultural advisors have also Determinations Made by the Arizona Welch and T.J. Ferguson (2005). To identified medicinal and culinary plants State Museum summarize, archeologists have used the at archeological sites in the region. Officials of the Arizona State Museum terms Upland Mogollon or prehistoric Their knowledge about these plants was have determined that: Western Pueblo to define the passed down to them from the ancestors • Pursuant to 25 U.S.C. 3001(9), the archeological complexes represented by who inhabited these ancient sites. human remains described in this notice the sites listed above. Material culture Migration is also an important attribute represent the physical remains of 6 characteristics of these traditions of Zuni oral tradition, and includes individuals of Native American include a temporal progression from accounts of Zuni ancestors passing ancestry. earlier pit houses to later masonry through the Upland Mogollon region. • Pursuant to 25 U.S.C. 3001(2), there pueblos, villages organized in room The ancient villages mark the routes of is a relationship of shared group blocks of contiguous dwellings these migrations. Zuni cultural advisors identity that can be reasonably traced associated with plazas, rectangular remark that the ancient sites were not between the Native American human
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remains and the Hopi Tribe of Arizona DATES: Lineal descendants or on several occasions (including three and Zuni Tribe of the Zuni Reservation, representatives of any Indian tribe or visits during the years 2008 to 2010) to New Mexico. Native Hawaiian organization not view many items, including the three identified in this notice that wish to kachina masks and the stone axe listed Additional Requestors and Disposition claim these cultural items should in this notice. The review of the School Lineal descendants or representatives submit a written request with for Advanced Research, Indian Arts of any Indian tribe or Native Hawaiian information in support of the claim to Research Center’s documentation, in organization not identified in this notice the School for Advanced Research, addition to physical inspections by that wish to request transfer of control Indian Arts Research Center at the Pueblo of Jemez representatives, has of these human remains should submit address in this notice by May 28, 2015. resulted in confirmation from the a written request with information in ADDRESSES: Brian Vallo, Director, Pueblo of Jemez’s traditional leaders support of the request to John School for Advanced Research, Indian that the four items are of Pueblo of McClelland, NAGPRA Coordinator, Arts Research Center, P.O. Box 2188, Jemez origin, supporting cultural Arizona State Museum, University of Santa Fe, NM 87504–2188, telephone affiliation, as well as determining that Arizona, Tucson, AZ 85721, telephone (505) 954–7271, email [email protected]. the four items meet the criteria for both (520) 626–2950, by May 28, 2015. After sacred objects and objects of cultural SUPPLEMENTARY INFORMATION: Notice is that date, if no additional requestors patrimony. The School for Advanced here given in accordance with the have come forward, transfer of control Research, Indian Arts Research Center Native American Graves Protection and of the human remains to the Hopi Tribe records, including catalog cards and Repatriation Act (NAGPRA), 25 U.S.C. of Arizona and Zuni Tribe of the Zuni other provenance information, indicate 3005, of the intent to repatriate cultural Reservation, New Mexico may proceed. these objects to be of Pueblo of Jemez items under the control of the School for The Arizona State Museum is origin, further supporting the claim by Advanced Research, Indian Arts responsible for notifying the Hopi Tribe the Pueblo of Jemez. On December 24, Research Center, Santa Fe, NM, that of Arizona; White Mountain Apache 2014, the Pueblo of Jemez submitted a meet the definition of sacred objects and Tribe of the Fort Apache Indian repatriation request from the Governor objects of cultural patrimony under 25 Reservation, Arizona; and Zuni Tribe of for three of the sacred objects and U.S.C. 3001. the Zuni Reservation, New Mexico that objects of cultural patrimony (IAF.C220, This notice is published as part of the this notice has been published. IAF.C221, and IAF.C282, the three National Park Service’s administrative kachina masks). On February 19, 2015, Dated: April 2, 2015. responsibilities under NAGPRA, 25 the Pueblo of Jemez submitted a Mariah Soriano, U.S.C. 3003(d)(3). The determinations in repatriation request from the Tribal Acting Manager, National NAGPRA Program. this notice are the sole responsibility of Cultural Properties Project Manager for [FR Doc. 2015–09863 Filed 4–27–15; 8:45 am] the museum, institution, or Federal the fourth sacred object and object of BILLING CODE 4312–50–P agency that has control of the Native cultural patrimony (IAF.C243, the stone American cultural items. The National axe). Park Service is not responsible for the DEPARTMENT OF THE INTERIOR determinations in this notice. Determinations Made by the School for Advanced Research, Indian Arts National Park Service History and Description of the Cultural Research Center Items [NPS–WASO–NAGPRA–18065; Officials of the School for Advanced PPWOCRADN0–PCU00RP14.R50000] In 1944, Mrs. Frank Applegate Research, Indian Arts Research Center donated two kachina masks (IAF.C220 have determined that: Notice of Intent To Repatriate Cultural and IAF.C221) and one stone axe with • Items: School for Advanced Research, Pursuant to 25 U.S.C. 3001(3)(C), a wooden handle (IAF.C243) to the the 4 cultural items described above are Indian Arts Research Center, Santa Fe, School for Advanced Research, Indian NM specific ceremonial objects needed by Arts Research Center. According to traditional Native American religious AGENCY: National Park Service, Interior. documentation, the two masks and the leaders for the practice of traditional ACTION: Notice. axe belonged to the Jemez Warrior Native American religions by their Society at the Pueblo of Jemez. The present-day adherents. SUMMARY: The School for Advanced School for Advanced Research, Indian • Pursuant to 25 U.S.C. 3001(3)(D), Research, Indian Arts Research Center, Arts Research Center has no the 4 cultural items described above in consultation with the appropriate documentation on how Mrs. Applegate have ongoing historical, traditional, or Indian tribes or Native Hawaiian came to own the items. cultural importance central to the organizations, has determined that the In 1958, Roy Tilghman donated one Native American group or culture itself, cultural items listed in this notice meet round mask (IAF.C282) to the School for rather than property owned by an the definition of sacred objects and Advanced Research, Indian Arts individual. objects of cultural patrimony. Lineal Research Center. According to • Pursuant to 25 U.S.C. 3001(2), there descendants or representatives of any documentation, the mask is from the is a relationship of shared group Indian tribe or Native Hawaiian Pueblo of Jemez. The School for identity that can be reasonably traced organization not identified in this notice Advanced Research, Indian Arts between the sacred objects and Pueblo that wish to claim these cultural items Research Center has no documentation of Jemez, New Mexico. should submit a written request to the on how Mr. Tilghman came to own the School for Advanced Research, Indian item. Additional Requestors and Disposition Arts Research Center. If no additional The four cultural items have each Lineal descendants or representatives claimants come forward, transfer of been identified as both sacred objects of any Indian tribe or Native Hawaiian control of the cultural items to the lineal and objects of cultural patrimony. organization not identified in this notice descendants, Indian tribes, or Native Pueblo of Jemez representatives have that wish to claim these cultural items Hawaiian organizations stated in this visited the School for Advanced should submit a written request with notice may proceed. Research, Indian Arts Research Center information in support of the claim to
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Brian Vallo, Director, School for identified in this notice that wish to human remains at the time of death or later Advanced Research, Indian Arts request transfer of control of these as part of the death rite or ceremony. Research Center, P.O. Box 2188, Santa human remains and associated funerary Additional Requestors and Disposition Fe, NM 87504–2188, telephone (505) objects should submit a written request 954–7271, email [email protected], by May with information in support of the Lineal descendants or representatives 28, 2015. After that date, if no request to the Jean Lafitte National of any Indian tribe or Native Hawaiian additional claimants have come Historical Park and Preserve at the organization not identified in this notice forward, transfer of control of the sacred address in this notice by May 28, 2015. that wish to request transfer of control of these human remains and associated objects and objects of cultural ADDRESSES: Lance Hatten, patrimony to the Pueblo of Jemez, New funerary objects should submit a written Superintendent, Jean Lafitte National request with information in support of Mexico, may proceed. Historical Park and Preserve, 365 Canal The School for Advanced Research, the request to Lance Hatten, Street, Suite 2400, New Orleans, LA Superintendent, Jean Lafitte National Indian Arts Research Center is 70130–1142, telephone (504) 589–3882, responsible for notifying the Pueblo of _ Historical Park and Preserve, 365 Canal email lance [email protected]. Street, Suite 2400, New Orleans, LA Jemez, New Mexico, that this notice has SUPPLEMENTARY INFORMATION: Notice is been published. 70130–1142, telephone (504) 589–3882, here given in accordance with the email [email protected], by May 28, Dated: April 7, 2015. Native American Graves Protection and 2015. After that date, if no additional Mariah Soriano, Repatriation Act (NAGPRA), 25 U.S.C. requestors have come forward, transfer Acting Manager, National NAGPRA Program. 3003, of the correction of an inventory of control of the human remains and [FR Doc. 2015–09864 Filed 4–27–15; 8:45 am] of human remains and associated associated funerary objects to the BILLING CODE 4312–50–P funerary objects under the control of Chitimacha Tribe of Louisiana and Jean Lafitte National Historical Park and Tunica-Biloxi Indian Tribe may Preserve, New Orleans, LA. The human proceed. DEPARTMENT OF THE INTERIOR remains and associated funerary objects Jean Lafitte National Historical Park were removed from Bayou des Familles, and Preserve is responsible for notifying National Park Service Jefferson Parish, LA. the Alabama-Coushatta Tribe of Texas This notice is published as part of the [NPS–WASO–NAGPRA–18011; (previously listed as the Alabama- PPWOCRADN0–PCU00RP14.R50000] National Park Service’s administrative Coushatta Tribes of Texas); Alabama- responsibilities under NAGPRA, 25 Quassarte Tribal Town; Chitimacha Notice of Inventory Completion for U.S.C. 3003(d)(3). The determinations in Tribe of Louisiana; Coushatta Tribe of Native American Human Remains and this notice are the sole responsibility of Louisiana; Jena Band of Choctaw Associated Funerary Objects in the the Superintendent, Jean Lafitte Indians; Mississippi Band of Choctaw Possession of the U.S. Department of National Historical Park and Preserve. Indians; The Choctaw Nation of the Interior, National Park Service, This notice corrects the number and Oklahoma; and Tunica-Biloxi Indian Jean Lafitte National Historical Park descriptions of associated funerary Tribe that this notice has been and Preserve, New Orleans, LA; objects published in a Notice of published. Correction Inventory Completion in the Federal Register (66 FR 51471, October 9, 2001). Dated: February 20, 2015. AGENCY: National Park Service, Interior. Re-evaluation of materials in Melanie O’Brien, ACTION: Notice; correction. preparation for repatriation revealed Acting Manager, National NAGPRA Program. additional funerary objects. In addition, [FR Doc. 2015–09892 Filed 4–27–15; 8:45 am] SUMMARY: The U.S. Department of the it was discovered that one object had BILLING CODE 4312–50–P Interior, National Park Service, Jean been inadvertently omitted from the Lafitte National Historical Park and published notice and others had not Preserve, has corrected an inventory of been appropriately described. Transfer DEPARTMENT OF THE INTERIOR human remains and associated funerary of control of the items in this correction National Park Service objects, published in a Notice of notice has not occurred. Inventory Completion in the Federal [NPS–WASO–NAGPRA– Register on October 9, 2001. This notice Correction 18015;PPWOCRADN0–PCU00RP14.R50000] corrects the number and descriptions of In the Federal Register (66 FR 51471– associated funerary objects. Lineal 51472, October 9, 2001), paragraph four, Notice of Inventory Completion: U.S. descendants or representatives of any sentence four is corrected by Department of the Interior, National Indian tribe or Native Hawaiian substituting the following sentence: Park Service, Big Cypress National organization not identified in this notice Preserve, Ochopee, FL The 96 associated funerary objects are 21 that wish to request transfer of control fragments of a Baytown Plain ceramic vessel, AGENCY: National Park Service, Interior. of these human remains and associated 1 untyped vessel fragment, 39 shells, 13 ACTION: Notice. funerary objects should submit a written muskrat teeth, 11 gar scales, 2 reptile bones, request to Jean Lafitte National 2 turtle bones, 3 bird bones, and 4 SUMMARY: The U.S. Department of the Historical Park and Preserve. If no unidentified animal bones. Interior, National Park Service, Big additional requestors come forward, In the Federal Register (66 FR 51471– Cypress National Preserve, has transfer of control of the human remains 51472, October 9, 2001), paragraph nine, completed an inventory of human and associated funerary objects to the sentence two is corrected by remains, in consultation with the lineal descendants, Indian tribes, or substituting the following sentence: appropriate Indian tribes or Native Native Hawaiian organizations stated in Hawaiian organizations, and has this notice may proceed. The superintendent of Jean Lafitte National Historical Park and Preserve has determined determined that there is no cultural DATES: Lineal descendants or that, pursuant to 43 CFR 10.2 (d)(2), the 96 affiliation between the human remains representatives of any Indian tribe or objects listed above are reasonably believed and any present-day Indian tribes or Native Hawaiian organization not to have been placed with or near individual Native Hawaiian organizations.
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Representatives of any Indian tribe or periods. No known individuals were remains were removed from test pits Native Hawaiian organization not identified. No associated funerary excavated during a magnetometer identified in this notice that wish to objects are present. survey. No known individuals were request transfer of control of these At an unknown date between 1977 identified. No associated funerary human remains should submit a written and 1981, human remains representing, objects are present. request to Big Cypress National at minimum, one individual were Cultural affiliation of the human Preserve. If no additional requestors removed from site 8CR493 in Collier remains described above could not be come forward, transfer of control of the County, FL, which dates to the Late determined due to uncertain burial human remains to the Indian tribes or Archaic (3000–1000 BC). The remains provenience, lack of culturally affiliated Native Hawaiian organizations stated in were removed from a posthole test on historic artifacts, and/or the antiquity of this notice may proceed. the south edge of the site during a park the remains. DATES: Representatives of any Indian site survey. No known individuals were identified. No associated funerary Determinations Made by Big Cypress tribe or Native Hawaiian organization National Preserve not identified in this notice that wish to objects are present. request transfer of control of these In 1977, human remains representing, Officials of Big Cypress National at minimum, one individual were human remains should submit a written Preserve have determined that: removed from Hinson Mounds in • Pursuant to 25 U.S.C. 3001(9), the request with information in support of Collier County, FL. The remains were human remains described in this notice the request to Big Cypress National removed from several spoil piles from are Native American based on Preserve at the address in this notice by the upper levels of Mound A or B provenience within known Native May 28, 2015. during a park site survey. Hinson American sites and the antiquity of the ADDRESSES: J.D. Lee, Superintendent, Mounds contains material from the remains. Big Cypress National Preserve, 33110 Glades I (late) to Glades III A period (AD • Pursuant to 25 U.S.C. 3001(9), the Tamiami Trail East, Ochopee, FL 34141, 500–1400). No known individuals were human remains described in this notice _ _ telephone (239) 695–1103, email j d identified. No associated funerary represent the physical remains of 14 [email protected]. objects are present. individuals of Native American SUPPLEMENTARY INFORMATION: Notice is In 1978, human remains representing, ancestry. here given in accordance with the at minimum, five individuals were • Pursuant to 25 U.S.C. 3001(2), a Native American Graves Protection and removed from East Crossing Mound in relationship of shared group identity Repatriation Act (NAGPRA), 25 U.S.C. Collier County, FL, which dates to Late cannot be reasonably traced between the 3003, of the completion of an inventory Glades II–III (AD 1100–1700). The Native American human remains and of human remains under the control of remains were recovered during a site any present-day Indian tribe. the U.S. Department of the Interior, survey from a shallow test pit • According to final judgments of the National Park Service, Big Cypress previously dug by looters. No known Indian Claims Commission or the Court National Preserve, Ochopee, FL. The individuals were identified. No of Federal Claims, the land from which human remains were removed from Big associated funerary objects are present. the Native American human remains Cypress National Preserve, Collier and In 1978, human remains representing, were removed is the aboriginal land of Dade Counties, FL. at minimum, one individual were the Miccosukee Tribe of Indians and the This notice is published as part of the removed from the Komara site in Collier Seminole Tribe of Florida (previously National Park Service’s administrative County, FL, which dates to an listed as the Seminole Tribe of Florida responsibilities under NAGPRA, 25 indeterminate prehistoric period. The (Dania, Big Cypress, Brighton, U.S.C. 3003(d)(3) and 43 CFR 10.11(d). remains were removed from a probe test Hollywood & Tampa Reservations)). The determinations in this notice are of a sand mound. No known individuals • Treaties, Acts of Congress, or the sole responsibility of the were identified. No associated funerary Executive Orders, indicate that the land Superintendent, Big Cypress National objects are present. from which the Native American human Preserve. In 1978, human remains representing, remains were removed is the aboriginal at minimum, one individual were land of the Miccosukee Tribe of Indians Consultation removed from the Orange Blossom site and the Seminole Tribe of Florida A detailed assessment of the human in Collier County, FL, which dates to an (previously listed as the Seminole Tribe remains was made by Big Cypress indeterminate prehistoric period. The of Florida (Dania, Big Cypress, Brighton, National Preserve professional staff in remains were removed from the root Hollywood & Tampa Reservations)). consultation with representatives of the spoil of an overturned tree during a site • Pursuant to 43 CFR 10.11(c)(1), the Miccosukee Tribe of Indians and the survey. No known individuals were disposition of the human remains may Seminole Tribe of Florida (previously identified. No associated funerary be to the Miccosukee Tribe of Indians listed as the Seminole Tribe of Florida objects are present. and the Seminole Tribe of Florida (Dania, Big Cypress, Brighton, In 1978, human remains representing, (previously listed as the Seminole Tribe Hollywood & Tampa Reservations)). at minimum, one individual, were of Florida (Dania, Big Cypress, Brighton, removed from the Big Daddy site in Hollywood & Tampa Reservations)). History and Description of the Remains Collier County, FL, which dates to an At an unknown date, human remains indeterminate prehistoric period. The Additional Requestors and Disposition representing, at minimum, two remains were removed from a test pit Representatives of any Indian tribe or individuals were removed from Panther during an excavation of the site. No Native Hawaiian organization not Mound in Collier County, FL. The known individuals were identified. No identified in this notice that wish to remains were removed by a visitor associated funerary objects are present. request transfer of control of these before the establishment of the park. In In 1981, human remains representing, human remains should submit a written 1999, the visitor donated the remains to at minimum, two individuals were request with information in support of the park. Panther Mound contains removed from Bear Island Mound in the request to J.D. Lee, Superintendent, material from the Glades II–III (AD 750– Collier County, FL, which dates to an Big Cypress National Preserve, 33110 1700) and Seminole III (AD 1900–1940) indeterminate prehistoric period. The Tamiami Trail East, Ochopee, FL 34141,
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telephone (239) 695–1103, email j_d_ human remains and associated funerary (hereafter referred to as ‘‘The Invited [email protected], by May 28, 2015. After that objects should submit a written request Tribes’’). date, if no additional requestors have with information in support of the History and Description of the Remains come forward, transfer of control of the request to Isle Royale National Park at human remains to the Miccosukee Tribe the address in this notice by May 28, In 1940 and 1960, human remains of Indians and the Seminole Tribe of 2015. representing, at minimum, two individuals were removed from Massee Florida (previously listed as the ADDRESSES: Phyllis Green, Seminole Tribe of Florida (Dania, Big Superintendent, Isle Royale National Rockshelter in Keweenaw County, MI. Cypress, Brighton, Hollywood & Tampa Park, 800 East Lakeshore Drive, Archeologists Dennis Glen Cooper and Reservations)) may proceed. Houghton, MI 49931–1896, telephone Fred Dustin collected remains in 1940. Big Cypress National Preserve is (906) 482–0984, email Phyllis_Green@ In 1960, additional remains were responsible for notifying the nps.gov. removed during a University of Miccosukee Tribe of Indians and the Michigan Museum of Anthropology SUPPLEMENTARY INFORMATION: Seminole Tribe of Florida (previously Notice is archeology project. The remains are listed as the Seminole Tribe of Florida here given in accordance with the small, poorly preserved, and consist (Dania, Big Cypress, Brighton, Native American Graves Protection and mostly of fragments of small bones. No Hollywood & Tampa Reservations)) that Repatriation Act (NAGPRA), 25 U.S.C. known individuals were identified. The this notice has been published. 3003, of the completion of an inventory 11 associated funerary objects are 1 of human remains and associated biface projectile point and 10 Dated: March 26, 2015. funerary objects under the control of the fragmentary bird bones. Mariah Soriano, U.S. Department of the Interior, The Massee Rockshelter site is the Acting Manager, National NAGPRA Program. National Park Service, Isle Royale only known Native American burial site [FR Doc. 2015–09940 Filed 4–27–15; 8:45 am] National Park, Houghton, MI. The located on the main island at Isle Royale BILLING CODE 4312–50–P human remains and associated funerary National Park. A calibrated radiocarbon objects were removed from Isle Royale date of AD 1270–1400 indicates a Late National Park in Keweenaw County, MI. Woodland, Early Historic time period DEPARTMENT OF THE INTERIOR This notice is published as part of the for the remains. There is insufficient National Park Service’s administrative material to make a definitive cultural National Park Service responsibilities under NAGPRA, 25 affiliation determination. [NPS–WASO–NAGPRA–18012; U.S.C. 3003(d)(3) and 43 CFR 10.11(d). PPWOCRADN0–PCU00RP14.R50000] The determinations in this notice are Determinations Made by Isle Royale the sole responsibility of the National Park Notice of Inventory Completion: U.S. Superintendent, Isle Royale National Officials of Isle Royale National Park Department of the Interior, National Park. have determined that: Park Service, Isle Royale National • Pursuant to 25 U.S.C. 3001(9), the Consultation Park, Houghton, MI human remains described in this notice A detailed assessment of the human are Native American based on the AGENCY: National Park Service, Interior. remains was made by Isle Royale attributes of the prehistoric archeology ACTION: Notice. National Park professional staff in site from which they were removed. consultation with representatives of the • Pursuant to 25 U.S.C. 3001(9), the SUMMARY: The U.S. Department of the Keweenaw Bay Indian Community, human remains described in this notice Interior, National Park Service, Isle Michigan; Lac Vieux Desert Band of represent the physical remains of two Royale National Park, has completed an Lake Superior Chippewa Indians of individuals of Native American inventory of human remains and Michigan; Minnesota Chippewa Tribe, ancestry. associated funerary objects, in Minnesota—Bois Forte Band (Nett • Pursuant to 25 U.S.C. 3001(3)(A), consultation with the appropriate Lake); Minnesota Chippewa Tribe, the 11 objects described in this notice Indian tribes or Native Hawaiian Minnesota—Grand Portage Band; are reasonably believed to have been organizations, and has determined that Minnesota Chippewa Tribe, placed with or near individual human there is no cultural affiliation between Minnesota—Mille Lacs Band; Saginaw remains at the time of death or later as the human remains and associated Chippewa Indian Tribe of Michigan; part of the death rite or ceremony. The funerary objects and any present-day and Sault Ste. Marie Tribe of Chippewa National Park Service intends to convey Indian tribes or Native Hawaiian Indians, Michigan (hereafter referred to the associated funerary objects to the organizations. Representatives of any as ‘‘The Consulted Tribes’’). tribes pursuant to 16 U.S.C. 18f–2. Indian tribe or Native Hawaiian The following tribes were invited to • Pursuant to 25 U.S.C. 3001(2), a organization not identified in this notice consult, but declined to do so: Bad River relationship of shared group identity that wish to request transfer of control Band of the Lake Superior Tribe of cannot be reasonably traced between the of these human remains and associated Chippewa Indians of the Bad River Native American human remains and funerary objects should submit a written Reservation, Wisconsin; Bay Mills associated funerary objects and any request to Isle Royale National Park. If Indian Community, Michigan; Lac present-day Indian tribe. no additional requestors come forward, Courte Oreilles Band of Lake Superior • Treaties, Acts of Congress, or transfer of control of the human remains Chippewa Indians of Wisconsin; Lac du Executive Orders, indicate that the land and associated funerary objects to the Flambeau Band of Lake Superior from which the Native American human Indian tribes or Native Hawaiian Chippewa Indians of the Lac du remains were removed is the aboriginal organizations stated in this notice may Flambeau Reservation of Wisconsin; land of the Bad River Band of the Lake proceed. Minnesota Chippewa Tribe, Superior Tribe of Chippewa Indians of DATES: Representatives of any Indian Minnesota—Fond du Lac Band; Red the Bad River Reservation, Wisconsin; tribe or Native Hawaiian organization Cliff Band of Lake Superior Chippewa Keweenaw Bay Indian Community, not identified in this notice that wish to Indians of Wisconsin; and St. Croix Michigan; Lac Courte Oreilles Band of request transfer of control of these Chippewa Indians of Wisconsin Lake Superior Chippewa Indians of
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Wisconsin; Lac du Flambeau Band of Minnesota; Minnesota Chippewa Tribe, Repatriation Act (NAGPRA), 25 U.S.C. Lake Superior Chippewa Indians of the Minnesota—Grand Portage Band; 3005, of the intent to repatriate cultural Lac du Flambeau Reservation of Minnesota Chippewa Tribe, items under the control of the San Wisconsin; Lac Vieux Desert Band of Minnesota—Mille Lacs Band; Red Cliff Bernardino County Museum that meet Lake Superior Chippewa Indians of Band of Lake Superior Chippewa the definition of cultural items under 25 Michigan; Minnesota Chippewa Tribe, Indians of Wisconsin; and St. Croix U.S.C. 3001. Minnesota—Fond du Lac Band; Chippewa Indians of Wisconsin may This notice is published as part of the Minnesota Chippewa Tribe, proceed. National Park Service’s administrative Minnesota—Grand Portage Band; Isle Royale National Park is responsibilities under NAGPRA, 25 Minnesota Chippewa Tribe, responsible for notifying The Consulted U.S.C. 3003(d)(3). The determinations in Minnesota—Mille Lacs Band; Red Cliff Tribes and The Invited Tribes that this this notice are the sole responsibility of Band of Lake Superior Chippewa notice has been published. the San Bernardino County Museum. The National Park Service is not Indians of Wisconsin; and St. Croix Dated: March 18, 2015. Chippewa Indians of Wisconsin. responsible for the determinations in • Pursuant to 43 CFR 10.11(c)(1), the Mariah Soriano, this notice. disposition of the human remains and Acting Manager, National NAGPRA Program. History and Description of the Cultural associated funerary objects may be to [FR Doc. 2015–09868 Filed 4–27–15; 8:45 am] Item(s) the Bad River Band of the Lake Superior BILLING CODE 4312–50–P Tribe of Chippewa Indians of the Bad Between 1950 and 1955, cultural River Reservation, Wisconsin; items were removed from the Temeeku Keweenaw Bay Indian Community, DEPARTMENT OF THE INTERIOR site in Riverside County, CA. The Michigan; Lac Courte Oreilles Band of cultural items were brought into the National Park Service Lake Superior Chippewa Indians of SBCM’s holdings in the early 1950’s. Wisconsin; Lac du Flambeau Band of [NPS–WASO–NAGPRA–17924; The cultural items are stored in 16 Lake Superior Chippewa Indians of the PPWOCRADN0–PCU00RP14.R50000] boxes and include tens of thousands of Lac du Flambeau Reservation of individual artifacts. Wisconsin; Lac Vieux Desert Band of Notice of Intent To Repatriate Cultural The documentation of the excavations Lake Superior Chippewa Indians of Items: San Bernardino County is extensive and published in the Michigan; Minnesota Chippewa Tribe, Museum, Redlands, CA following: McCown, B.E. Temeku A Page from the History of the Luisen˜ o Minnesota—Fond du Lac Band; AGENCY: National Park Service, Interior. Minnesota Chippewa Tribe, Indians. Redlands, CA: Archaeological ACTION: Notice. Minnesota—Grand Portage Band; Survey Association of Southern Minnesota Chippewa Tribe, SUMMARY: The San Bernardino County California. 1955; Chartkoff, J. K. and L. Minnesota—Mille Lacs Band; Red Cliff Museum (SBCM), in consultation with Kona. Site Record: Ca-Riv-50. Record on Band of Lake Superior Chippewa the appropriate Indian tribes or Native file, Eastern Information Center. 1965; Indians of Wisconsin; and St. Croix Hawaiian organizations, has determined Stein, M. Site Record: Ca-Riv-50. Record Chippewa Indians of Wisconsin. that the cultural items listed in this on file, Eastern Information Center. notice meet the definition of cultural 1981; Bowles, L. L. Site Record: Ca-Riv- Additional Requestors and Disposition 50. Record on file, Eastern Information items under 25 U.S.C. 3001. Lineal Center. 1982; Bowden, Cheryl. Site Representatives of any Indian tribe or descendants or representatives of any Record: P–33–000050. Record on file, Native Hawaiian organization not Indian tribe or Native Hawaiian The Resource Agency Department of identified in this notice that wish to organization not identified in this notice Parks and Recreation Primary Record, request transfer of control of these that wish to claim these cultural items California. 2002; Carrico, Richard. human remains and associated funerary should submit a written request to the Strangers in a Stolen Land: Indians in objects should submit a written request SBCM. If no additional claimants come San Diego County from Prehistory to the with information in support of the forward, transfer of control of the request to Phyllis Green, New Deal. 2nd edition. San Diego: cultural items to the lineal descendants, Superintendent, Isle Royale National Sunbelt Publications. 2008; Masiel- Indian tribes, or Native Hawaiian Park, 800 East Lakeshore Drive, Zamora, Myra Ruth. Analysis Of ‘E´ xva organizations stated in this notice may Houghton, MI 49931–1896, telephone Teme´eku, A Luisen˜ o Indian Village Site proceed. (906) 482–0984, email Phyllis_Green@ Named Temeku, Located In Temecula, nps.gov, by May 28, 2015. After that DATES: Lineal descendants or California. M.A. Thesis, San Diego State date, if no additional requestors have representatives of any Indian tribe or University, Anthropology Department. come forward, transfer of control of the Native Hawaiian organization not 2013. human remains and associated funerary identified in this notice that wish to The cultural items were removed from objects to the Bad River Band of the claim these cultural items should a known Luiseno village site. Lake Superior Tribe of Chippewa submit a written request with Archeological records compiled during Indians of the Bad River Reservation, information in support of the claim to the excavation confirm that the site, Wisconsin; Keweenaw Bay Indian the SBCM at the address in this notice Temeeku, is directly related to the Community, Michigan; Lac Courte by May 28, 2015. Luiseno people. Consultation with the Oreilles Band of Lake Superior ADDRESSES: Leonard X. Hernandez, Pechanga Band of Luiseno Mission Chippewa Indians of Wisconsin; Lac du Interim Director, San Bernardino Indians of the Pechanga Reservation, Flambeau Band of Lake Superior County Museum, 2024 Orange Tree California, Cultural Resources Chippewa Indians of the Lac du Lane, Redlands, CA 92374, telephone Department; Dr. Alexis Gray, Forensic Flambeau Reservation of Wisconsin; Lac (909) 387–2220, email Anthropologist; San Diego State Vieux Desert Band of Lake Superior [email protected]. University’s Dr. Arion Mayes, Skeletal Chippewa Indians of Michigan; SUPPLEMENTARY INFORMATION: Notice is Biology, Dental Anthropology and Minnesota Chippewa Tribe, here given in accordance with the Forensic Anthropology, has confirmed Minnesota—Fond du Lac Band, Native American Graves Protection and the location and cultural affiliation of
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this site with the Luiseno people. Pechanga Reservation, California; Historical Society of Iowa at the address Through consultation, the SBCM has Rincon Band of Luiseno Mission in this notice by May 28, 2015. determined that all of the items in this Indians of the Rincon Reservation, ADDRESSES: Jerome Thompson, State collection meet the definition of cultural California; or the Soboba Band of Curator or NAGPRA Point of Contact, items under 25 U.S.C. 3001 and include Luiseno Indians, California may 600 East Locust, Des Moines, IA 50319, unassociated funerary objects, sacred proceed. telephone (515) 281–4221, email objects, and/or objects of cultural The San Bernardino County Museum [email protected]. patrimony. Pechanga Band of Luiseno is responsible for notifying the La Jolla Mission Indians of the Pechanga Band of Luiseno Indians, California SUPPLEMENTARY INFORMATION: Notice is Reservation, California, has made a (previously listed as the La Jolla Band here given in accordance with the request for repatriation of all of these of Luiseno Mission Indians of the La Native American Graves Protection and cultural items. Jolla Reservation); Pala Band of Luiseno Repatriation Act (NAGPRA), 25 U.S.C. Mission Indians of the Pala Reservation, 3005, of the intent to repatriate a Determinations Made by the San cultural item under the control of the Bernardino County Museum California; Pauma Band of Luiseno Mission Indians of the Pauma & Yuima State Historical Society of Iowa, Des Officials of the SBCM have Reservation, California; Pechanga Band Moines, IA, that meets the definition of determined that: an object of cultural patrimony under 25 • of Luiseno Mission Indians of the Pursuant to 25 U.S.C. 3001(3), the Pechanga Reservation, California; U.S.C. 3001. items described above meet the Rincon Band of Luiseno Mission This notice is published as part of the definition of cultural items and include Indians of the Rincon Reservation, National Park Service’s administrative unassociated funerary objects, sacred California; and the Soboba Band of responsibilities under NAGPRA, 25 objects, and/or objects of cultural Luiseno Indians, California, that this U.S.C. 3003(d)(3). The determinations in patrimony. notice has been published. this notice are the sole responsibility of • Pursuant to 25 U.S.C. 3001(2), there the museum, institution, or Federal is a relationship of shared group Dated: March 10, 2015. agency that has control of the Native identity that can be reasonably traced Mariah Soriano, American cultural items. The National between the unassociated funerary Acting Manager, National NAGPRA Program. Park Service is not responsible for the objects, sacred objects, and/or objects of [FR Doc. 2015–09910 Filed 4–27–15; 8:45 am] determinations in this notice. cultural patrimony and the La Jolla BILLING CODE 4312–50–P Band of Luiseno Indians, California History and Description of the Cultural (previously listed as the La Jolla Band Item(s) of Luiseno Mission Indians of the La DEPARTMENT OF THE INTERIOR Jolla Reservation); Pala Band of Luiseno At some time after April 13, 1931, the Mission Indians of the Pala Reservation, National Park Service State Historical Society of Iowa California; Pauma Band of Luiseno purchased a grizzly bear claw necklace [NPS–WASO–NAGPRA–18037; from Sam Slick, a member of the Mission Indians of the Pauma & Yuima PPWOCRADN0–PCU00RP14.R50000] Reservation, California; Pechanga Band Meskwaki Tribe (Sac & Fox Tribe of the of Luiseno Mission Indians of the Notice of Intent To Repatriate a Mississippi in Iowa). Correspondence Pechanga Reservation, California; Cultural Item: State Historical Society related to the purchase between curator Rincon Band of Luiseno Mission of Iowa, Des Moines, IA Edgar R. Harlan and Sam Slick describe Indians of the Rincon Reservation, the necklace and its origin. The California; and the Soboba Band of AGENCY: National Park Service, Interior. necklace was cataloged a B1729 and has Luiseno Indians, California. ACTION: Notice. been in control of the museum since 1931. The necklace is made of otter fur Additional Requestors and Disposition SUMMARY: The State Historical Society of with thirty-one grizzly bear claws Lineal descendants or representatives Iowa, in consultation with the separated by glass beads. The otter fur of any Indian tribe or Native Hawaiian appropriate Indian tribes or Native is decorated with two heart-shaped and organization not identified in this notice Hawaiian organizations, has determined one square beaded applique. that wish to claim these cultural items that the cultural item listed in this During consultation, Johnathan should submit a written request with notice meets the definition of an object Buffalo, Director of Historic information in support of the claim to of cultural patrimony. Lineal Preservation, for the Sac & Fox Tribe of Leonard X. Hernandez, Interim Director, descendants or representatives of any the Mississippi in Iowa, explained that San Bernardino County Museum, 2024 Indian tribe or Native Hawaiian several bear claw necklaces belonging to Orange Tree Lane, Redlands, CA 92374, organization not identified in this notice different clans were sold or otherwise telephone (909) 387–2220, email that wish to claim the cultural item left the tribe during the time period [email protected], by should submit a written request to the between 1920 and 1940. The necklaces May 28, 2015. After that date, if no State Historical Society of Iowa. If no were passed down in the families of the additional claimants have come additional claimants come forward, different clans and each clan held a forward, transfer of control of the transfer of control of the cultural item to position on the traditional tribal cultural items to the La Jolla Band of the lineal descendants, Indian tribes, or council. The tribe provided evidence Luiseno Indians, California (previously Native Hawaiian organizations stated in that the necklace is an object of cultural listed as the La Jolla Band of Luiseno this notice may proceed. patrimony having ongoing historical, Mission Indians of the La Jolla DATES: Lineal descendants or traditional, or cultural importance to the Reservation); Pala Band of Luiseno representatives of any Indian tribe or tribe. The necklace is part of a group of Mission Indians of the Pala Reservation, Native Hawaiian organization not necklaces that symbolizes tribal California; Pauma Band of Luiseno identified in this notice that wish to governance and is inalienable. Tribal Mission Indians of the Pauma & Yuima claim the cultural item should submit a member, Sam Slick, as an individual, Reservation, California; Pechanga Band written request with information in did not have the right to sell the of Luiseno Mission Indians of the support of the claim to the State necklace.
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Determinations Made by the State organization not identified in this notice museum’s accession ledger. In Historical Society of Iowa that wish to claim these cultural items subsequent years, 11 items have been Officials of the State Historical should submit a written request to the found in the collection with tags bearing Society of Iowa have determined that: Brooklyn Museum. If no additional numbers matching the Wurth inventory • Pursuant to 25 U.S.C. 3001(3)(D), claimants come forward, transfer of list. Given the small number of Laguna the single cultural item described above control of the cultural items to the lineal items in the collection, it is logical to has ongoing historical, traditional, or descendants, Indian tribes, or Native assume that items matching this list’s cultural importance central to the Hawaiian organizations stated in this description belong to this 1910 group. Native American group or culture itself, notice may proceed. Culin’s expedition reports also rather than property owned by an DATES: Lineal descendants or document his visit to Laguna Pueblo in individual. representatives of any Indian tribe or 1903, his meeting there with clerk • Pursuant to 25 U.S.C. 3001(2), there Native Hawaiian organization not Lorenzo Wurth, and the fact that Wurth is a relationship of shared group identified in this notice that wish to had a collection of masks and sacred identity that can be reasonably traced claim these cultural items should items that interested Culin. The 24 between the object of cultural patrimony submit a written request with sacred objects and objects of cultural and the Sac & Fox Tribe of the information in support of the claim to patrimony proposed for repatriation are: Mississippi in Iowa. the Brooklyn Museum at the address in One mask piece, five Katsina Friends, this notice by May 28, 2015. 11 prayer sticks tied in pairs of two Additional Requestors and Disposition ADDRESSES: Susan Kennedy Zeller, each, and seven single prayer sticks. Lineal descendants or representatives Associate Curator of Native American The review of available of any Indian tribe or Native Hawaiian Art, Brooklyn Museum, 200 Eastern documentation, in addition to physical organization not identified in this notice Parkway, Brooklyn, NY 11238–6052, inspections by two Pueblo of Laguna that wish to claim these cultural items telephone (718) 501–6282, email delegations, has resulted in should submit a written request with [email protected]. confirmation from the Pueblo of Laguna religious leaders that the cultural items information in support of the claim to SUPPLEMENTARY INFORMATION: Notice is Jerome Thompson, State Curator or are of Pueblo of Laguna origin. The here given in accordance with the Pueblo of Laguna asserts that a NAGPRA Point of Contact, 600 East Native American Graves Protection and Locust, Des Moines, IA 50319, relationship of shared group identity Repatriation Act (NAGPRA), 25 U.S.C. exists between the Pueblo of Laguna in telephone (515) 281–4221, email 3005, of the intent to repatriate cultural [email protected], by May 28, 1910, and the present-day Pueblo of items under the control of the Brooklyn Laguna. The Katsina Friends were 2015. After that date, if no additional Museum, Brooklyn, NY, that meet the claimants have come forward, transfer created within the Pueblo of Laguna definition of sacred objects and objects religious system with construction of control of the object of cultural of cultural patrimony under 25 U.S.C. patrimony to the Sac & Fox Tribe of the techniques still in use today. In addition 3001. to the positive identification by the Mississippi in Iowa may proceed This notice is published as part of the Laguna Pueblo religious leaders that the The State Historical Society of Iowa is National Park Service’s administrative cultural items are of Laguna Pueblo responsible for notifying the Sac & Fox responsibilities under NAGPRA, 25 origin, cultural affiliation with the Tribe of the Mississippi in Iowa that this U.S.C. 3003(d)(3). The determinations in Pueblo of Laguna is evident by these notice has been published. this notice are the sole responsibility of diagnostic features. Dated: April 2, 2015. the museum, institution, or Federal Mariah Soriano, agency that has control of the Native Determinations Made by the Brooklyn Acting Manager, National NAGPRA Program. American cultural items. The National Museum Park Service is not responsible for the [FR Doc. 2015–09921 Filed 4–27–15; 8:45 am] Officials of the Brooklyn Museum determinations in this notice. have determined that: BILLING CODE 4312–50–P • History and Description of the Cultural Pursuant to 25 U.S.C. 3001(3)(C), Items the 24 cultural items described above DEPARTMENT OF THE INTERIOR are specific ceremonial objects needed Between 1903 and 1910, 24 cultural by traditional Native American religious National Park Service items were removed from the Pueblo of leaders for the practice of traditional Laguna in Cibola, Valencia, Bernalillo, Native American religions by their [NPS–WASO–NAGPRA– and Sandoval Counties, NM. Through 17978;PPWOCRADN0–PCU00RP14.R50000] present-day adherents. research of museum records and • Pursuant to 25 U.S.C. 3001(3)(D), archives, every indication is that these Notice of Intent to Repatriate Cultural the 24 cultural items described above Laguna items were collected by Lorenzo Items: Brooklyn Museum, Brooklyn, have ongoing historical, traditional, or Wurth, former clerk in Bebo’s Store NY cultural importance central to the located near Laguna Pueblo, and Native American group or culture itself, AGENCY: National Park Service, Interior. purchased from him by the Brooklyn rather than property owned by an ACTION: Notice. Museum’s curator Stewart Culin in individual. 1910. A letter from Wurth to Culin • Pursuant to 25 U.S.C. 3001(2), there SUMMARY: The Brooklyn Museum, in (April 19, 1908) offers items for sale, is a relationship of shared group consultation with the appropriate and a Wurth inventory of some 160 identity that can be reasonably traced Indian tribes or Native Hawaiian items dated October 3, 1909, was also between the sacred objects and objects organizations, has determined that the sent to Culin. The inventory list of cultural patrimony and the Pueblo of cultural items listed in this notice meet provides general descriptions such as Laguna, New Mexico. the definition of sacred objects and ‘‘dance Mask,’’ and ‘‘sacred mask’’ and objects of cultural patrimony. Lineal ‘‘prayer sticks.’’ A museum accession Additional Requestors and Disposition descendants or representatives of any number ‘‘11478’’ was assigned to this Lineal descendants or representatives Indian tribe or Native Hawaiian entire collection in October 1910 in the of any Indian tribe or Native Hawaiian
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organization not identified in this notice Pennsylvania Avenue NW., Washington, (a) Recommending priorities for that wish to claim these cultural items DC 20530, by email at Andrew.J.Bruck@ standards development; (b) reviewing should submit a written request with usdoj.gov, or by phone at (202) 305– and recommending endorsement of information in support of the claim to 3481. guidance identified or developed by Susan Kennedy Zeller, Associate FOR FURTHER INFORMATION CONTACT: subject-matter experts; (c) developing Curator of Native American Art, Andrew Bruck, Counsel to the Deputy proposed guidance concerning the Brooklyn Museum, 200 Eastern Attorney General, 950 Pennsylvania intersection of forensic science and the Parkway, Brooklyn, NY 11238–6052, Avenue NW., Washington, DC 20530, by courtroom; (d) developing policy telephone (718) 501–6282, email email at [email protected], or recommendations, including a uniform [email protected], by by phone at (202) 305–3481. code of professional responsibility and May 28, 2015. After that date, if no SUPPLEMENTARY INFORMATION: The minimum requirements for training, additional claimants have come National Commission on Forensic accreditation and/or certification; and forward, transfer of control of the sacred Science was chartered on April 23, 2013 (e) identifying and assessing the current objects and objects of cultural and is co-chaired by the Department of and future needs of the forensic sciences patrimony to the Pueblo of Laguna may Justice and National Institute of to strengthen their disciplines and meet proceed. Standards and Technology. The growing demand. The Brooklyn Museum is responsible Commission provides recommendations Members will be appointed by the for notifying the Pueblo of Laguna that and advice to the Department of Justice Attorney General in consultation with this notice has been published. concerning national methods and the Director of the National Institute of Dated: March 20, 2015. strategies for: strengthening the validity Standards and Technology and the vice- Mariah Soriano, and reliability of the forensic sciences chairs of the Commission. Additional Acting Manager, National NAGPRA Program. (including medico-legal death members will be selected to fill [FR Doc. 2015–09925 Filed 4–27–15; 8:45 am] investigation); enhancing quality vacancies to maintain a balance of assurance and quality control in BILLING CODE 4312–50–P perspective and diversity of forensic science laboratories and units; experiences, including Federal, State, identifying and recommending and Local forensic science service scientific guidance and protocols for DEPARTMENT OF JUSTICE providers; research scientists and evidence seizure, testing, analysis, and academicians; Federal, State, Local [Docket No. ODAG 154] reporting by forensic science prosecutors, defense attorneys and laboratories and units; and identifying judges; law enforcement; and other National Commission on Forensic and assessing other needs of the forensic relevant stakeholders. Members will Science Notice of Charter Renewal and science communities to strengthen their also be selected specifically to support Solicitation of Applications for disciplines and meet the increasing the inclusion of digital evidence. DOJ Additional Commission Membership demands generated by the criminal and encourages submissions from applicants civil justice systems at all levels of AGENCY: Department of Justice. with respect to diversity of government. Commission membership backgrounds, professions, ethnicities, ACTION: Notice of Charter Renewal and includes Federal, State, and Local gender, and geography. The Solicitation of Applications for forensic science service providers; Additional Commission Membership for Commission shall consist of research scientists and academicians; approximately 30 voting members. the National Commission on Forensic prosecutors, defense attorneys, and Science. Members will serve without judges; law enforcement; and other compensation. The Commission relevant backgrounds. The Commission SUMMARY: In accordance with title 41 of generally meets four times each year at reports to the Attorney General, who the U.S. Code of Federal Regulations, approximately three-month intervals. through the Deputy Attorney General, section 102–3.65(a), notice is hereby shall direct the work of the Commission Applications: Any qualified person given that the Charter for the National in fulfilling its mission. The renewed may apply to be considered for Commission on Forensic Science was charter removes the prohibition on appointment to this advisory committee. renewed for an additional two-year developing or recommending guidance Each application should include: (1) A period on April 23, 2015. The Attorney regarding digital evidence. The renewed resume or curriculum vitae; (2) a General has determined that the charter additionally states that the statement of interest describing the National Commission on Forensic Attorney General will refer applicant’s relevant experience; and (3) Science is necessary and in the public recommendations regarding a statement of support from the interest in connection with the measurement standards and priorities applicant’s employer. Potential performance of duties of the Department for standards development to the candidates may be asked to provide of Justice and these duties can best be Director of the National Institute of detailed information as necessary performed through the advice and Standards and Technology, as the regarding financial interests, counsel of this group. This Attorney General deems appropriate. employment, and professional determination follows consultation with The initial solicitation of applications affiliations to evaluate possible sources the Committee Management Secretariat, for Commission membership was of conflicts of interest. The application General Services Administration. This announced on February 22, 2013 period will remain open through May notice announces the solicitation of (‘‘Notice of Establishment of the 28, 2015. The applications must be sent applications for additional Commission National Commission on Forensic in one complete package, by email, to membership. Science and Solicitation of Applications Andrew Bruck (contact information DATES: Applications must be received for Commission Membership, 78 FR above) with the subject line of the email on or before May 28, 2015. 12355). This notice announces the entitled, ‘‘NCFS Membership 2015.’’ ADDRESSES: All applications should be solicitation of the application for Other sources, in addition to the submitted to: Andrew Bruck, Counsel to additional Commission membership. Federal Register notice, may be utilized the Deputy Attorney General, 950 The duties of the Commission include: in the solicitation of applications.
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Dated: April 22, 2015. refer to United States v. ExxonMobil Inventory. This inventory provides Andrew Bruck, Pipeline Company, D.J. Ref. No. 90–5– information on service contract actions Designated Federal Official, National 1–1–10862. All comments must be over $25,000 that were made in FY Commission on Forensic Science. submitted no later than thirty (30) days 2014. The information is organized by [FR Doc. 2015–09934 Filed 4–27–15; 8:45 am] after the publication date of this notice. function to show how contracted BILLING CODE 4410–18–P Comments may be submitted either by resources are distributed throughout the email or by mail: agency. The inventory has been developed in accordance with guidance DEPARTMENT OF JUSTICE To submit comments: Send them to: issued on November 5, 2010, and Notice of Lodging of Proposed December 19, 2011, by the Office of By email ...... pubcomment- Management and Budget’s Office of Consent Decree Under the Clean Water [email protected]. Act Federal Procurement Policy (OFPP). By mail ...... Assistant Attorney General OFPP’s guidance is available at http:// Notice is hereby given that, for a U.S. DOJ—ENRD P.O. Box 7611 www.whitehouse.gov/sites/default/files/ period of 30 days, the United States will Washington, D.C. 20044– omb/procurement/memo/service- receive public comments on a proposed 7611. contract-inventories-guidance- Consent Decree in United States and 11052010.pdf and http:// State of Arkansas v. ExxonMobil During the public comment period, www.whitehouse.gov/sites/default/files/ Pipeline Company and Mobil Pipe Line the proposed Consent Decree may be omb/procurement/memo/service- Company (Civil Action No. 4:13–cv– examined and downloaded at this contract-inventory-guidance.pdf. The 0355), which was lodged with the Justice Department Web site: http:// National Science Foundation has posted United States District Court for the www.usdoj.gov/enrd/ its (1) FY 2014 Service Contract Eastern District of Arkansas on April 22, _ Consent Decrees.html. We will provide Inventory Detail, (2) FY 2014 Service 2015. a paper copy of the proposed Consent Contract Inventory Summary, (3) FY This case concerns a March 2013 oil Decree upon written request and spill from the Pegasus Pipeline, which 2013 Service Contract Inventory payment of reproduction costs. Please Analysis Report, (4) FY 2014 Service is a crude oil pipeline owned and mail your request and payment to: Contract Inventory Supplement Report operated by the defendants (collectively, Consent Decree Library, U.S. DOJ– and (5) FY 2014 Plan for Analyzing the ‘‘ExxonMobil’’). The spill occurred after ENRD, P.O. Box 7611, Washington, DC the pipeline ruptured in the town of 20044–7611. Service Contract Inventory on the Mayflower, Arkansas, sending several Please enclose a check or money order National Science Foundation homepage thousand barrels of oil through a for $8.50 (25 cents per page at the following links: neighborhood, creek, wetlands, and a reproduction cost) payable to the United http://www.nsf.gov/publications/ cove of Lake Conway. A Complaint in States Treasury. pub_summ.jsp?ods_key=nsf15067 this case was filed jointly by the United Thomas Carroll, (Service Contract Inventory Detail for States and the State of Arkansas against FY 2014) ExxonMobil on June 13, 2013, alleging Assistant Section Chief, Environmental violations of sections 301(a) and Enforcement Section, Environment and http://www.nsf.gov/publications/ _ _ 311(b)(7)(A) of the Clean Water Act, 33 Natural Resources Division. pub summ.jsp?ods key=nsf15068 U.S.C. 1311(a), 1321(b)(7)(A), and State [FR Doc. 2015–09762 Filed 4–27–15; 8:45 am] (Service Contract Inventory Summary claims pursuant to the Arkansas Water BILLING CODE 4410–15–P for FY 2014) and Air Pollution Control Act and the http://www.nsf.gov/publications/ Arkansas Hazardous Waste Management pub_summ.jsp?ods_key=nsf15069 Act. ARK. CODE ANN. section 8–7–201 NATIONAL SCIENCE FOUNDATION (Service Contract Inventory Analysis et seq.; ARK. CODE ANN. section 8–4– Public Availability of the National Report for FY 2013) 101 et seq.; ARK. CODE ANN. section Science Foundation FY 2014 Service http://www.nsf.gov/publications/ 8–4–101 et seq. The Complaint seeks the Contract Inventory and Associated _ _ assessment of civil penalties and pub summ.jsp?ods key=nsf15071 Documents injunctive relief for the alleged CWA (Service Contract Inventory Supplement Report for FY2014) and State law violations. AGENCY: National Science Foundation. The Consent Decree proposes to ACTION: Notice of Public Availability of http://www.nsf.gov/publications/ resolve this civil action by requiring FY 2014 Service Contract Inventories pub_summ.jsp?ods_key=nsf15070 (Plan ExxonMobil to perform corrective and associated documents. for Analyzing the Service Contract measures focused on pipeline safety and Inventory for FY 2014) spill response preparedness, pay a SUMMARY: In accordance with Section federal civil penalty of $3.19 million 743 of Division C of the Consolidated FOR FURTHER INFORMATION CONTACT: and a state civil penalty of $1 million, Appropriations Act of 2010 (Pub. L. Questions regarding the service contract fund a supplemental environmental 111–117), the National Science inventory should be directed to Richard project focused on improving water Foundation is publishing this notice to Pihl in the BFA/DACS at 703–292–7395 quality in Lake Conway worth $600,000, advise the public of the availability of or [email protected]. and pay state litigation costs of (1) the FY 2014 Service Contract Dated: April 23, 2015. Inventory Detail, (2) the FY 2014 $280,000. Suzanne Plimpton, The publication of this notice opens Service Contract Inventory Summary, a period for public comment on the (3) the FY 2013 Service Contract Reports Clearance Officer, National Science proposed Consent Decree. Comments Inventory Analysis Report, (4) the FY Foundation. should be addressed to the Assistant 2014 Service Contract Inventory [FR Doc. 2015–09807 Filed 4–27–15; 8:45 am] Attorney General, Environment and Supplement Report and, (5) the FY 2014 BILLING CODE 7555–01–P Natural Resources Division, and should Plan for Analyzing the Service Contract
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NUCLEAR REGULATORY for Docket ID NRC–2008–0091. Address pursuant to section 103 of the Atomic COMMISSION questions about NRC dockets to Carol Energy Act of 1954, as amended, and Gallagher; telephone: 301–415–3463; part 52 of title 10 of the Code of Federal [Docket Nos. 52–012 and 52–013; NRC– email: [email protected]. For Regulations (10 CFR), ‘‘Licenses, 2008–0091] technical questions, contact the Certifications, and Approvals for Nuclear Innovation North America individual listed in the FOR FURTHER Nuclear Power Plants,’’ to construct and LLC; South Texas Project, Units 3 and INFORMATION CONTACT section of this operate two additional units (Units 3 4 document. and 4) at the STP Electric Generating • NRC’s Agencywide Documents Station site in Matagorda County near AGENCY: Nuclear Regulatory Access and Management System Bay City, Texas. The additional units Commission. (ADAMS): You may obtain publicly are based on the U.S. Advanced Boiling ACTION: Combined license application; available documents online in the Water Reactor design, which is certified availability. ADAMS Public Documents collection at in 10 CFR part 52, appendix A. The http://www.nrc.gov/reading-rm/ NRC published a notice of receipt and SUMMARY: On September 20, 2007, adams.html. To begin the search, select availability for an application for a COL South Texas Project Nuclear Operating ‘‘ADAMS Public Documents’’ and then in the Federal Register on December 5, Company (STPNOC) submitted to the select ‘‘Begin Web-based ADAMS 2007 (72 FR 68597). In a letter dated U.S. Nuclear Regulatory Commission Search.’’ For problems with ADAMS, January 19, 2011, STPNOC notified the (NRC) an application for combined please contact the NRC’s Public NRC that, effective January 24, 2011, licenses (COLs) for two additional units Document Room (PDR) reference staff at NINA became the lead applicant for (Units 3 and 4) at the South Texas 1–800–397–4209, 301–415–4737, or by STP, Units 3 and 4. As such, NINA Project (STP) Electric Generating Station email to [email protected]. The assumed responsibility for the design, site in Matagorda County near Bay City, ADAMS accession number for each construction and licensing of STP, Units Texas. The NRC published a notice of document referenced (if it available in 3 and 4. The application is currently receipt and availability for this COL ADAMS) is provided the first time that under review by the NRC. application in the Federal Register on a document is referenced. For the An applicant may seek a COL in December 5, 2007. In a letter dated convenience of the reader, the ADAMS accordance with subpart C of 10 CFR January 19, 2011, STPNOC notified the accession numbers are provided in a part 52. The information submitted by NRC that, effective January 24, 2011, table in the ‘‘Availability of Documents’’ the applicant includes certain Nuclear Innovation North America LLC section of this document. administrative information, such as • (NINA) became the lead applicant for NRC’s PDR: You may examine and financial qualifications submitted STP, Units 3 and 4. This notice is being purchase copies of public documents at pursuant to 10 CFR 52.77, as well as published to notify the public of the the NRC’s PDR, Room O1–F21, One technical information submitted availability of the COL application for White Flint North, 11555 Rockville pursuant to 10 CFR 52.79. This notice STP, Units 3 and 4. Pike, Rockville, Maryland 20852. is being provided in accordance with DATES: The COL application is available FOR FURTHER INFORMATION CONTACT: Tom the requirements in 10 CFR 50.43(a)(3). on April 28, 2015. Tai, telephone: 301–415–8484, email: Availability of Documents ADDRESSES: Please refer to Docket ID [email protected]; or Luis Betancourt, NRC–2008–0091 when contacting the telephone: 301–415–6145, email: The documents identified in the NRC about the availability of [email protected]. Both are staff following table are available to information regarding this document. of the Office of New Reactors, U.S. interested persons through the ADAMS You may access publicly-available Nuclear Regulatory Commission, Public Documents collection. A copy of information related to this action by the Washington, DC 20555–0001. the COL application is also available for following methods: SUPPLEMENTARY INFORMATION: On public inspection at the NRC’s PDR and • Federal Rulemaking Web site: Go to September 20, 2007, the NRC received at http://www.nrc.gov/reactors/new- http://www.regulations.gov and search a COL application from STPNOC, filed reactors/col.html.
ADAMS Document Accession No.
South Texas Project, Units 3 and 4, Combined License Application, Revision 0, September 20, 2007 ...... ML072830407 South Texas Project, Units 3 and 4, Supplement to Combined License Application ‘‘Safeguards Information,’’ Part 8, Revi- sion 0, September 26, 2007 ...... ML072740461 South Texas Project, Units 3 and 4, Supplement to Combined License Application Revision 0, October 15, 2007 ...... ML072960352 South Texas Project, Units 3 and 4, Supplement to Combined License Application Revision 0, October 18, 2007 ...... ML072960489 South Texas Project, Units 3 and 4, Supplement to Combined License Application Revision 0, November 13, 2007 ...... ML073200992 South Texas Project, Units 3 and 4, Supplement to Combined License Application Revision 0, November 21, 2007 ...... ML073310616 South Texas Project, Units 3 and 4, Combined License Application, Revision 1, January 31, 2008 ...... ML080700399 South Texas Project, Units 3 and 4, Submittal of Supplement to Combined License Application ‘‘Safeguards Information,’’ Part 8, Revision 1, January 31, 2008 ...... ML080420090 South Texas Project, Units 3 and 4, Combined License Application, Revision 2, September 24, 2008 ...... ML082830938 South Texas Project, Units 3 and 4, Submittal of Supplement to Combined License Application ‘‘Safeguards Information,’’ Part 8, Revision 2, September 24, 2008 ...... ML082730700 South Texas Project, Units 3 and 4, Submittal of Combined License Application, ‘‘Proprietary Information,’’ Part 10, Revision 2, December 11, 2008 ...... ML083530131 South Texas Project, Units 3 and 4, Combined License Application, Revision 3, September 16, 2009 ...... ML092930393 South Texas Project, Units 3 and 4, Submittal of Supplement to Combined License Application ‘‘Safeguards Information,’’ Part 8, Revision 3, July 15, 2010 ...... ML102010268 South Texas Project, Units 3 and 4, Combined License Application, Revision 4, October 5, 2010 ...... ML102861292
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ADAMS Document Accession No.
South Texas Project, Units 3 and 4, Submittal of Supplement to Combined License Application ‘‘Safeguards Information,’’ Part 8, Revision 4, February 3, 2011 ...... ML110400425 South Texas Project, Units 3 and 4, Update to Change in Lead Applicant, January 19, 2011 ...... ML110250369 South Texas Project, Units 3 and 4, Combined License Application, Revision 5, January 26, 2011 ...... ML110340451 South Texas Project, Units 3 and 4, Submittal of Supplement to Combined License Application ‘‘Safeguards Information,’’ Part 8, Revision 5, August 30, 2011 ...... ML11243A171 South Texas Project, Units 3 and 4, Combined License Application, Revision 6, August 30, 2011 ...... ML11252A505 South Texas Project, Units 3 and 4, Combined License Application, Revision 7, February 1, 2012 ...... ML12048A714 South Texas Project, Units 3 and 4, Combined License Application, Revision 8, September 17, 2012 ...... ML12291A415 South Texas Project, Units 3 and 4, Combined License Application, Revision 9, April 17, 2013 ...... ML13115A094 South Texas Project, Units 3 and 4, Combined License Application, Revision 10, October 29, 2013 ...... ML13310A599 South Texas Project, Units 3 and 4, Combined License Application, Revision 11, October 21, 2014 ...... ML14307A876
Dated at Rockville, Maryland, this 22nd hard copies of each presentation or NUCLEAR REGULATORY day of April 2015. handout should be provided to the DFO COMMISSION For the Nuclear Regulatory Commission. thirty minutes before the meeting. In [NRC–2015–0104] Samuel Lee, addition, one electronic copy of each Chief, Licensing Branch 2, Division of New presentation should be emailed to the Biweekly Notice; Applications and Reactor Licensing, Office of New Reactors. DFO one day before the meeting. If an Amendments to Facility Operating [FR Doc. 2015–09904 Filed 4–27–15; 8:45 am] electronic copy cannot be provided Licenses and Combined Licenses BILLING CODE 7590–01–P within this timeframe, presenters Involving No Significant Hazards should provide the DFO with a CD Considerations containing each presentation at least AGENCY: Nuclear Regulatory NUCLEAR REGULATORY thirty minutes before the meeting. COMMISSION Commission. Electronic recordings will be permitted ACTION: Biweekly notice. Advisory Committee on Reactor only during those portions of the Safeguards (ACRS); Meeting of the meeting that are open to the public. SUMMARY: Pursuant to Section 189a. (2) ACRS Subcommittee on Planning and Detailed procedures for the conduct of of the Atomic Energy Act of 1954, as Procedures; Notice of Meeting and participation in ACRS meetings amended (the Act), the U.S. Nuclear were published in the Federal Register Regulatory Commission (NRC) is The ACRS Subcommittee on Planning on October 13, 2014 (79 FR 59307). publishing this regular biweekly notice. and Procedures will hold a meeting on The Act requires the Commission to May 6, 2015, Room T–2B3, 11545 Information regarding changes to the publish notice of any amendments Rockville Pike, Rockville, Maryland. agenda, whether the meeting has been issued, or proposed to be issued and The meeting will be open to public canceled or rescheduled, and the time grants the Commission the authority to attendance with the exception of a allotted to present oral statements can issue and make immediately effective portion that may be closed pursuant to be obtained by contacting the identified any amendment to an operating license 5 U.S.C. 552b(c)(2) and (6) to discuss DFO. Moreover, in view of the or combined license, as applicable, organizational and personnel matters possibility that the schedule for ACRS upon a determination by the that relate solely to the internal meetings may be adjusted by the Commission that such amendment personnel rules and practices of the Chairman as necessary to facilitate the involves no significant hazards ACRS, and information the release of conduct of the meeting, persons consideration, notwithstanding the which would constitute a clearly planning to attend should check with pendency before the Commission of a unwarranted invasion of personal the DFO if such rescheduling would request for a hearing from any person. privacy. result in a major inconvenience. This biweekly notice includes all The agenda for the subject meeting If attending this meeting, please enter notices of amendments issued, or shall be as follows: through the One White Flint North proposed to be issued from April 2, Wednesday, May 6, 2015—12:00 p.m. Building, 11555 Rockville Pike, 2015, to April 14, 2015. The last Until 1:00 p.m. Rockville, MD. After registering with biweekly notice was published on April The Subcommittee will discuss security, please contact Mr. Theron 14, 2015. proposed ACRS activities and related Brown (240–888–9835) to be escorted to DATES: Comments must be filed by May matters. The Subcommittee will gather the meeting room. 28, 2015. A request for a hearing must information, analyze relevant issues and Dated: April 16, 2015. be filed by June 29, 2015. facts, and formulate proposed positions Mark L. Banks, ADDRESSES: You may submit comments and actions, as appropriate, for by any of the following methods (unless Chief, Technical Support Branch, Advisory deliberation by the Full Committee. this document describes a different Committee on Reactor Safeguards. Members of the public desiring to method for submitting comments on a provide oral statements and/or written [FR Doc. 2015–09862 Filed 4–27–15; 8:45 am] specific subject): comments should notify the Designated BILLING CODE 7590–01–P • Federal Rulemaking Web site: Go to Federal Official (DFO), Quynh Nguyen http://www.regulations.gov and search (Telephone 301–415–5844 or Email: for Docket ID NRC–2015–0104. Address [email protected]) five days prior questions about NRC dockets to Carol to the meeting, if possible, so that Gallagher; telephone: 301–415–3463; arrangements can be made. Thirty-five email: [email protected]. For
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technical questions, contact the The NRC posts all comment derating or shutdown of the facility. individual listed in the FOR FURTHER submissions at http:// Should the Commission take action INFORMATION CONTACT section of this www.regulations.gov as well as entering prior to the expiration of either the document. the comment submissions into ADAMS. comment period or the notice period, it • Mail comments to: Cindy Bladey, The NRC does not routinely edit will publish in the Federal Register a Office of Administration, Mail Stop: comment submissions to remove notice of issuance. Should the OWFN–12–H08, U.S. Nuclear identifying or contact information. Commission make a final No Significant Regulatory Commission, Washington, If you are requesting or aggregating Hazards Consideration Determination, DC 20555–0001. comments from other persons for any hearing will take place after For additional direction on obtaining submission to the NRC, then you should issuance. The Commission expects that information and submitting comments, inform those persons not to include the need to take this action will occur see ‘‘Obtaining Information and identifying or contact information that very infrequently. Submitting Comments’’ in the they do not want to be publicly A. Opportunity to Request a Hearing SUPPLEMENTARY INFORMATION section of disclosed in their comment submission. and Petition for Leave to Intervene this document. Your request should state that the NRC FOR FURTHER INFORMATION CONTACT: does not routinely edit comment Within 60 days after the date of Sandra Figueroa, Office of U.S. Nuclear submissions to remove such information publication of this notice, any person(s) Regulatory Commission, Washington DC before making the comment whose interest may be affected by this 20555–0001; telephone: 301–415–1262, submissions available to the public or action may file a request for a hearing email: [email protected]. entering the comment submissions into and a petition to intervene with respect ADAMS. to issuance of the amendment to the SUPPLEMENTARY INFORMATION: subject facility operating license or II. Notice of Consideration of Issuance I. Obtaining Information and combined license. Requests for a of Amendments to Facility Operating Submitting Comments hearing and a petition for leave to Licenses and Combined Licenses and intervene shall be filed in accordance A. Obtaining Information Proposed No Significant Hazards with the Commission’s ‘‘Agency Rules Please refer to Docket ID NRC–2015– Consideration Determination of Practice and Procedure’’ in 10 CFR 0104 when contacting the NRC about The Commission has made a part 2. Interested person(s) should the availability of information for this proposed determination that the consult a current copy of 10 CFR 2.309, action. You may obtain publicly- following amendment requests involve which is available at the NRC’s PDR, available information related to this no significant hazards consideration. located at One White Flint North, Room action by any of the following methods: Under the Commission’s regulations in O1–F21, 11555 Rockville Pike (first • Federal Rulemaking Web site: Go to § 50.92 of Title 10 of the Code of Federal floor), Rockville, Maryland 20852. The http://www.regulations.gov and search Regulations (10 CFR), this means that NRC’s regulations are accessible for Docket ID NRC–2015–0104. operation of the facility in accordance electronically from the NRC Library on • NRC’s Agencywide Documents with the proposed amendment would the NRC’s Web site at http:// Access and Management System not (1) involve a significant increase in www.nrc.gov/reading-rm/doc- (ADAMS): You may obtain publicly- the probability or consequences of an collections/cfr/. If a request for a hearing available documents online in the accident previously evaluated, or (2) or petition for leave to intervene is filed ADAMS Public Documents collection at create the possibility of a new or by the above date, the Commission or a http://www.nrc.gov/reading-rm/ different kind of accident from any presiding officer designated by the adams.html. To begin the search, select accident previously evaluated; or (3) Commission or by the Chief ‘‘ADAMS Public Documents’’ and then involve a significant reduction in a Administrative Judge of the Atomic select ‘‘Begin Web-based ADAMS margin of safety. The basis for this Safety and Licensing Board Panel, will Search.’’ For problems with ADAMS, proposed determination for each rule on the request and/or petition; and please contact the NRC’s Public amendment request is shown below. the Secretary or the Chief Document Room (PDR) reference staff at The Commission is seeking public Administrative Judge of the Atomic 1–800–397–4209, 301–415–4737, or by comments on this proposed Safety and Licensing Board will issue a email to [email protected]. The determination. Any comments received notice of a hearing or an appropriate ADAMS accession number for each within 30 days after the date of order. document referenced (if it is available in publication of this notice will be As required by 10 CFR 2.309, a ADAMS) is provided the first time that considered in making any final petition for leave to intervene shall set it is mentioned in the SUPPLEMENTARY determination. forth with particularity the interest of INFORMATION section. Normally, the Commission will not the petitioner in the proceeding, and • NRC’s PDR: You may examine and issue the amendment until the how that interest may be affected by the purchase copies of public documents at expiration of 60 days after the date of results of the proceeding. The petition the NRC’s PDR, Room O1–F21, One publication of this notice. The should specifically explain the reasons White Flint North, 11555 Rockville Commission may issue the license why intervention should be permitted Pike, Rockville, Maryland 20852. amendment before expiration of the 60- with particular reference to the day period provided that its final following general requirements: (1) the B. Submitting Comments determination is that the amendment name, address, and telephone number of Please include Docket ID NRC–2015– involves no significant hazards the requestor or petitioner; (2) the 0104, facility name, unit number(s), consideration. In addition, the nature of the requestor’s/petitioner’s application date, and subject in your Commission may issue the amendment right under the Act to be made a party comment submission. prior to the expiration of the 30-day to the proceeding; (3) the nature and The NRC cautions you not to include comment period should circumstances extent of the requestor’s/petitioner’s identifying or contact information that change during the 30-day comment property, financial, or other interest in you do not want to be publicly period such that failure to act in a the proceeding; and (4) the possible disclosed in your comment submission. timely way would result, for example in effect of any decision or order which
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may be entered in the proceeding on the request for hearing, a petition for leave Information Exchange System, users requestor’s/petitioner’s interest. The to intervene, any motion or other will be required to install a Web petition must also identify the specific document filed in the proceeding prior browser plug-in from the NRC’s Web contentions which the requestor/ to the submission of a request for site. Further information on the Web- petitioner seeks to have litigated at the hearing or petition to intervene, and based submission form, including the proceeding. documents filed by interested installation of the Web browser plug-in, Each contention must consist of a governmental entities participating is available on the NRC’s public Web specific statement of the issue of law or under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/e- fact to be raised or controverted. In accordance with the NRC’s E-Filing rule submittals.html. addition, the requestor/petitioner shall (72 FR 49139; August 28, 2007). The E- Once a participant has obtained a provide a brief explanation of the bases Filing process requires participants to digital ID certificate and a docket has for the contention and a concise submit and serve all adjudicatory been created, the participant can then statement of the alleged facts or expert documents over the internet, or in some submit a request for hearing or petition opinion which support the contention cases to mail copies on electronic for leave to intervene. Submissions and on which the requestor/petitioner storage media. Participants may not should be in Portable Document Format intends to rely in proving the contention submit paper copies of their filings (PDF) in accordance with the NRC’s at the hearing. The requestor/petitioner unless they seek an exemption in guidance available on the NRC’s public must also provide references to those accordance with the procedures Web site at http://www.nrc.gov/site- specific sources and documents of described below. help/e-submittals.html. A filing is which the petitioner is aware and on To comply with the procedural considered complete at the time the which the requestor/petitioner intends requirements of E-Filing, at least ten 10 documents are submitted through the to rely to establish those facts or expert days prior to the filing deadline, the NRC’s E-Filing system. To be timely, an opinion. The petition must include participant should contact the Office of electronic filing must be submitted to sufficient information to show that a the Secretary by email at the E-Filing system no later than 11:59 genuine dispute exists with the [email protected], or by telephone p.m. Eastern Time on the due date. applicant on a material issue of law or at 301–415–1677, to request (1) a digital Upon receipt of a transmission, the E- fact. Contentions shall be limited to identification (ID) certificate, which Filing system time-stamps the document matters within the scope of the allows the participant (or its counsel or and sends the submitter an email notice amendment under consideration. The representative) to digitally sign confirming receipt of the document. The contention must be one which, if documents and access the E-Submittal E-Filing system also distributes an email proven, would entitle the requestor/ server for any proceeding in which it is notice that provides access to the petitioner to relief. A requestor/ participating; and (2) advise the document to the NRC’s Office of the petitioner who fails to satisfy these Secretary that the participant will be General Counsel and any others who requirements with respect to at least one submitting a request or petition for have advised the Office of the Secretary contention will not be permitted to hearing (even in instances in which the that they wish to participate in the participate as a party. participant, or its counsel or proceeding, so that the filer need not Those permitted to intervene become representative, already holds an NRC- serve the documents on those parties to the proceeding, subject to any issued digital ID certificate). Based upon participants separately. Therefore, limitations in the order granting leave to this information, the Secretary will applicants and other participants (or intervene, and have the opportunity to establish an electronic docket for the their counsel or representative) must participate fully in the conduct of the hearing in this proceeding if the apply for and receive a digital ID hearing. Secretary has not already established an certificate before a hearing request/ If a hearing is requested, the electronic docket. petition to intervene is filed so that they Commission will make a final Information about applying for a can obtain access to the document via determination on the issue of no digital ID certificate is available on the the E-Filing system. significant hazards consideration. The NRC’s public Web site at http:// A person filing electronically using final determination will serve to decide www.nrc.gov/site-help/e-submittals/ the NRC’s adjudicatory E-Filing system when the hearing is held. If the final getting-started.html. System may seek assistance by contacting the determination is that the amendment requirements for accessing the E- NRC Meta System Help Desk through request involves no significant hazards Submittal server are detailed in the the ‘‘Contact Us’’ link located on the consideration, the Commission may NRC’s ‘‘Guidance for Electronic NRC’s public Web site at http:// issue the amendment and make it Submission,’’ which is available on the www.nrc.gov/site-help/e- immediately effective, notwithstanding agency’s public Web site at http:// submittals.html, by email to the request for a hearing. Any hearing www.nrc.gov/site-help/e- [email protected], or by a toll- held would take place after issuance of submittals.html. Participants may free call at 1–866–672–7640. The NRC the amendment. If the final attempt to use other software not listed Meta System Help Desk is available determination is that the amendment on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern request involves a significant hazards NRC’s E-Filing system does not support Time, Monday through Friday, consideration, then any hearing held unlisted software, and the NRC Meta excluding government holidays. would take place before the issuance of System Help Desk will not be able to Participants who believe that they any amendment unless the Commission offer assistance in using unlisted have a good cause for not submitting finds an imminent danger to the health software. documents electronically must file an or safety of the public, in which case it If a participant is electronically exemption request, in accordance with will issue an appropriate order or rule submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper under 10 CFR part 2. accordance with the E-Filing rule, the filing requesting authorization to participant must file the document continue to submit documents in paper B. Electronic Submissions (E-Filing) using the NRC’s online, Web-based format. Such filings must be submitted All documents filed in NRC submission form. In order to serve by: (1) first class mail addressed to the adjudicatory proceedings, including a documents through the Electronic Office of the Secretary of the
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Commission, U.S. Nuclear Regulatory see the ‘‘Obtaining Information and 3. Do the proposed changes involve a Commission, Washington, DC 20555– Submitting Comments’’ section of this significant reduction in the margin of safety? 0001, Attention: Rulemaking and document. Response: No. Adjudications Staff; or (2) courier, The design, operation, testing methods, Dominion Nuclear Connecticut, Inc., and acceptance criteria for systems, express mail, or expedited delivery Docket No. 50–336, Millstone Power structures, and components, specified in service to the Office of the Secretary, Station, Unit 2, New London County, applicable codes and standards (or Sixteenth Floor, One White Flint North, Connecticut alternatives approved for use by the NRC) 11555 Rockville Pike, Rockville, will continue to be met as described in the Maryland 20852, Attention: Rulemaking Date of amendment request: October plant licensing basis (including the final and Adjudications Staff. Participants 22, 2014. A publicly-available version is safety analysis report and bases to TS), since filing a document in this manner are in ADAMS under Accession No. these are not affected by changes to the responsible for serving the document on ML14301A112. surveillance frequencies. Similarly, there is all other participants. Filing is Description of amendment request: no impact to safety analysis acceptance considered complete by first-class mail The amendment would revise the criteria as described in the plant licensing as of the time of deposit in the mail, or Millstone Power Station, Unit 2 (MPS2) basis. To evaluate a change in the relocated technical specification (TS) by surveillance frequency, DNC will perform a by courier, express mail, or expedited probabilistic risk evaluation using the delivery service upon depositing the relocating surveillance frequencies to a guidance contained in NRC approved NEI document with the provider of the licensee-controlled program. 04–10, Rev. 1, in accordance with the service. A presiding officer, having Basis for proposed no significant Surveillance Frequency Control Program. NEI granted an exemption request from hazards consideration determination: 04–10, Rev. 1, methodology provides using E-Filing, may require a participant As required by 10 CFR 50.91(a), the reasonable acceptance guidelines and or party to use E-Filing if the presiding licensee has provided its analysis of the methods for evaluating the risk increase of officer subsequently determines that the issue of no significant hazards proposed changes to surveillance frequencies reason for granting the exemption from consideration, which is presented consistent with Regulatory Guide 1.177. use of E-Filing no longer exists. below: Therefore, the proposed changes do not involve a significant reduction in a margin of Documents submitted in adjudicatory 1. Do the proposed changes involve a safety. proceedings will appear in the NRC’s significant increase in the probability or electronic hearing docket which is consequences of any accident previously The NRC staff has reviewed the available to the public at http:// evaluated? licensee’s analysis and, based on this ehd1.nrc.gov/ehd/, unless excluded Response: No. review, it appears that the three pursuant to an order of the Commission, The proposed changes relocate the standards of 10 CFR 50.92(c) are or the presiding officer. Participants are specified frequencies for periodic satisfied. Therefore, the NRC proposes requested not to include personal surveillance requirements to licensee control to determine that the amendment under a new Surveillance Frequency Control privacy information, such as social Program. Surveillance frequencies are not an request involves no significant hazards security numbers, home addresses, or initiator to any accident previously consideration. home phone numbers in their filings, evaluated. As a result, the probability of any Attorney for licensee: Lillian M. unless an NRC regulation or other law accident previously evaluated is not Cuoco, Senior Counsel, Dominion requires submission of such significantly increased. The systems and Resources Services, Inc., 120 Tredegar information. However, a request to components required by the TSs for which Street, RS–2, Richmond, VA 23219. intervene will require including the surveillance frequencies are relocated are still required to be operable, meet the Acting NRC Branch Chief: Michael I. information on local residence in order Dudek. to demonstrate a proximity assertion of acceptance criteria for the surveillance interest in the proceeding. With respect requirements, and be capable of performing Dominion Nuclear Connecticut, Inc., any mitigation function assumed in the Docket No. 50–423, Millstone Power to copyrighted works, except for limited accident analysis. As a result, the excerpts that serve the purpose of the consequences of any accident previously Station, Unit 3, New London County, adjudicatory filings and would evaluated are not significantly increased. Connecticut constitute a Fair Use application, Therefore, the proposed changes do not Date of amendment request: October participants are requested not to include involve a significant increase in the 14, 2014. A publicly-available version is copyrighted materials in their probability or consequences of an accident in ADAMS under Accession No. submission. previously evaluated. Petitions for leave to intervene must 2. Do the proposed changes create the ML14294A454. be filed no later than 60 days from the possibility of a new or different kind of Description of amendment request: date of publication of this notice. accident from any previously evaluated? The amendment would revise the Requests for hearing, petitions for leave Response: No. Millstone Power Station, Unit 3 (MPS3) No new or different [kinds of] accidents Surveillance Requirement (SR) 4.4.4.2 to to intervene, and motions for leave to result from utilizing the proposed changes. file new or amended contentions that remove the requirement to perform the The changes do not involve a physical surveillance for a pressurizer power- are filed after the 60-day deadline will alteration of the plant (i.e., no new or not be entertained absent a different type of equipment will be installed) operated relief valve (PORV) block valve determination by the presiding officer or a change in the methods governing normal that is being maintained closed in that the filing demonstrates good cause plant operation. In addition, the changes do accordance with technical specification by satisfying the three factors in 10 CFR not impose any new or different (TS) 3.4.4 Action a. 2.309(c)(1)(i)–(iii). requirements. The changes do not alter Basis for proposed no significant For further details with respect to assumptions made in the safety analysis. The hazards consideration determination: these license amendment applications, proposed changes are consistent with the As required by 10 CFR 50.91(a), the safety analysis assumptions and current plant see the application for amendment operating practice. licensee has provided its analysis of the which is available for public inspection Therefore, the proposed changes do not issue of no significant hazards in ADAMS and at the NRC’s PDR. For create the possibility of a new or different consideration, with NRC staff revisions additional direction on accessing kind of accident from any accident provided in [brackets], which is information related to this document, previously evaluated. presented below:
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Criterion 1 These barriers include the fuel cladding, the addition of any new plant equipment or Will operation of the facility in accordance reactor coolant system, and the containment systems, nor does it alter the assumptions of with the proposed amendment involve a system. These barriers are not significantly any accident analyses. The proposed change significant increase in the probability or affected by the changes proposed herein. The does not adversely affect accident initiators consequences of an accident previously margin of safety is established through the or precursors, nor does it alter the design evaluated? design of the plant structures, systems, and assumptions, conditions, and configuration Response: No. components, the parameters within which or the manner in which the plant is operated The block valve for the pressurizer PORV the plant is operated, and the establishment and maintained. is not a potential accident initiator. of setpoints for the actuation of equipment Therefore, the proposed change does not Therefore, not requiring a surveillance of the relied upon to respond to an event, and involve a significant increase in the block valve while it is being used to isolate thereby protect the fission product barriers. probability or consequences of an accident its associated PORV will not increase the The proposed amendment to the surveillance previously evaluated. probability of an accident previously requirement for the pressurizer PORV block 2. Does the proposed amendment create evaluated. Not requiring the surveillance of valve does not affect the assumptions in any the possibility of a new or different kind of the block valve may slightly reduce the accident analysis. accident from any accident previously probability of a loss of coolant accident from Therefore, the proposed amendment does evaluated? a stuck open PORV since it will eliminate the not involve a significant reduction in a Response: No. challenge to the PORV from the pressure margin of safety. The proposed change to BSEP’s EAL transient that results from cycling the block The NRC staff has reviewed the scheme to adopt the NRC-endorsed guidance valve. licensee’s analysis and, based on this in NEI 99–01, Revision 6, does not authorize The PORVs are credited in the MPS3 Final any physical changes to the plant systems or Safety Analysis Report (FSAR), Chapter 15, review, it appears that the three equipment. The proposed change will not ‘‘Accident Analysis,’’ for event mitigation standards of 10 CFR 50.92(c) are introduce failure modes that could result in (Section 15.5.1, Inadvertent Operation of the satisfied. Therefore, the NRC proposes a new accident, and the change does not alter Emergency Core Cooling System during to determine that the amendment assumptions made in the safety analysis. The Power, and Section 15.5.2, CVCS [chemical request involves no significant hazards proposed change will not alter the design and volume control system] Malfunction that consideration. configuration, or method of operation of Increases Reactor Coolant Inventory). Not Attorney for licensee: Lillian M. plant equipment beyond its normal performing the surveillance on the block Cuoco, Senior Counsel, Dominion functional capabilities. The BSEP ERO valve does not significantly reduce the Resource Services, Inc., 120 Tredegar [Emergency Response Organization] assurance that the block valve is capable of functions will continue to be performed as opening to allow operation of the PORV. The Street, RS–2, Richmond, VA 23219. Acting NRC Branch Chief: Michael I. required. The proposed change does not block valves have been demonstrated by create any new credible failure mechanisms, operating experience to be reliable and are Dudek. malfunctions, or accident initiators. also subject to the motor-operated valve Duke Energy Progress, Inc., Docket Nos. Therefore, the proposed change does not testing program. Consequently, the proposed 50–325 and 50–324, Brunswick Steam create the possibility of a new or different amendment does not significantly reduce the Electric Plant, Units 1 and 2 (BSEP), kind of accident from those that have been confidence that the block valve can be previously evaluated. opened to permit automatic or manual Brunswick County, North Carolina 3. Does the proposed amendment involve actuation of the PORV to depressurize the Date of amendment request: January a significant reduction in a margin of safety? RCS. 30, 2015. A publicly-available version is Response: No. Therefore, the proposed amendment does in ADAMS under Accession No. The proposed change to BSEP’s EAL not involve a significant increase in the scheme does not alter or exceed a design probability or consequences of an accident ML15044A198. Description of amendment request: basis or safety limit. There is no change being previously evaluated. made to safety analysis assumptions, safety The amendments would revise the Criterion 2 limits, or limiting safety system settings that emergency action levels (EALs) from a Will operation of the facility in accordance would adversely affect plant safety as a result scheme based on Revision 5 of Nuclear of the proposed change. The proposed with this proposed amendment create the Energy Institute (NEI) 99–01 possibility of a new or different kind of change does not affect the Technical accident from any accident previously ‘‘Methodology for Development of Specifications or the operating license. There evaluated? Emergency Action Levels,’’ to a scheme are no changes to setpoints or environmental Response: No. based on NRC-endorsed Revision 6 of conditions of any SSC or the manner in The proposed amendment only affects the NEI 99–01, ‘‘Development of Emergency which any SSC is operated. Margins of safety performance of the surveillance test for the Action Levels for Non-Passive are unaffected by the proposed change to block valve and does not involve any adopt the NEI 99–01, Revision 6, EAL Reactors.’’ scheme guidance. The applicable physical alteration of plant equipment or Basis for proposed no significant introduce any operating configurations not requirements or 10 CFR 50.47 and 10 CFR 50, hazards consideration determination: Appendix E will continue to be met. previously evaluated. The pressurizer PORV As required by 10 CFR 50.91(a), the block valves provide isolation for a Therefore, the proposed change does not postulated stuck-open or leaking PORV. licensee has provided its analysis of the involve any reduction in a margin of safety. Isolation is satisfied with the block valve issue of no significant hazards The NRC staff has reviewed the closed in accordance with TS 3.4.4 Action a. consideration, with NRC staff revisions licensee’s analysis and, based on this Therefore, the proposed amendment does provided in [brackets], which is review, it appears that the three not create the possibility of a new or different presented below: kind of accident from any previously standards of 10 CFR 50.92(c) are evaluated. 1. Does the proposed amendment involve satisfied. Therefore, the NRC proposes a significant increase in the probability or to determine that the amendment Criterion 3 consequences of an accident previously request involves no significant hazards Will operation of the facility in accordance evaluated? consideration. with this proposed amendment involve a Response: No. Attorney for licensee: David T. significant reduction in the margin of safety? The proposed change to the BSEP Response: No. emergency action levels does not impact the Conley, Associate General Counsel II— Margin of safety is related to the physical function of plant structures, Legal Department, Progress Energy confidence in the ability of the fission systems, or components (SSC) or the manner Service Company, LLC, P.O. Box 1551, product barriers to perform their design in which SCCs perform their design function. Raleigh, NC 27602. functions during and following an accident. The proposed change does not authorize the NRC Branch Chief: Shana R. Helton.
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Duke Energy Progress, Inc., Docket Nos. Critical Power Correlation, Revision 1, March 0.1 percent of the rods are expected to be in 50–325 and 50–324, Brunswick Steam 2014, continues to ensure that the SLMCPR boiling transition if the MCPR Safety Limit is Electric Plant, Units 1 and 2, Brunswick [safety limit minimum critical power ratio], not exceeded). County, North Carolina setpoint, and core operating limit values Meeting the fuel design criterion that at determined using NRC-approved methods least 99.9 percent of all fuel rods in the core Date of amendment request: February continue to satisfy the acceptance criteria do not experience boiling transition and 19, 2015. A publicly-available version is that at least 99.9 percent of all fuel rods in establishing core operating limits ensures the in ADAMS under Accession No. the core do not experience boiling transition. margin of safety required by the fuel design ML15075A021. Based on these considerations, the proposed criterion is maintained. Therefore, the Description of amendment request: change does not involve a significant proposed amendments do not result in a significant reduction in the margin of safety. The amendments would (1) revise increase in the consequences of a previously analyzed accident. The NRC staff has reviewed the Technical Specifications (TSs) by 2. Does the proposed change create the replacing AREVA Topical Report ANP– possibility of a new or different kind of licensee’s analysis and, based on this 10298PA, ‘‘ACE/ATRIUM 10XM Critical accident from any accident previously review, it appears that the three Power Correlation,’’ Revision 0, March evaluated? standards of 10 CFR 50.92(c) are 2010, with Revision 1, March 2014, of Response: No. satisfied. Therefore, the NRC staff the same topical report; and (2) revise Creation of the possibility of a new or proposes to determine that the Appendix B, ‘‘Additional Conditions,’’ different kind of accident requires creating amendment request involves no by removing the license condition one or more new accident precursors. New significant hazards consideration. accident precursors may be created by issued by Amendment Nos. 262 and 290 Attorney for licensee: David T. modifications of plant configuration, Conley, Associate General Counsel II— for Units 1 and Unit 2, respectively. including changes in allowable modes of Basis for proposed no significant operation. The proposed amendments do Legal Department, Progress Energy hazards consideration determination: neither. Core operating limit values are Service Company, LLC, P.O. Box 1551, As required by 10 CFR 50.91(a), the calculated using NRC-approved methodology Raleigh, NC 27602. licensee has provided its analysis of the identified in the TS. AREVA Topical Report NRC Branch Chief: Shana R. Helton. issue of no significant hazards ANP–10298PA, Revision 0, is an NRC- Entergy Operations, Inc., System Energy approved methodology listed in TS 5.6.5.b consideration, which is presented Resources, Inc., South Mississippi below: for determining core operating limits. Replacing the analytical methodology Electric Power Association, and Entergy 1. Does the proposed change involve a described in Topical Report ANP–10298PA, Mississippi, Inc., Docket No. 50–416, significant increase in the probability or Revision 0, with the methodology contained Grand Gulf Nuclear Station, Unit 1, consequences of an accident previously in ANP–10298P–A, Revision 1, will ensure Claiborne County, Mississippi evaluated? that (1) core operating limits are no longer Date of amendment request: Response: No. affected by the K-factor calculation issue The probability of an evaluated accident is described in AREVA Operability Assessment December 15, 2014. A publicly-available derived from the probabilities of the CR 2011–2274, Revision 1, and (2) the version is in ADAMS under Accession individual precursors to that accident. The current level of fuel protection is maintained No. ML14351A069. proposed license amendments only involve by continuing to ensure that the fuel design Description of amendment request: an update to a currently-approved safety criterion is met (i.e., that at least 99.9 The proposed amendment would revise methodology for determining core operating percent of all fuel rods in the core do not the requirements of Technical limits. As such, the proposed license experience boiling transition if the MCPR Specification (TS) 3.6.4.3, ‘‘Standby Gas amendments do not involve any plant [minimum critical power ratio] Safety Limit modifications or operational changes that Treatment (SGT) System,’’ and TS 3.7.3, is not exceeded). could affect system reliability or ‘‘Control Room Fresh Air (CRFA) The update of AREVA analytical performance, or that could affect the System,’’ to operate the ventilation methodology does not involve any new probability of operator error. As such, the modes of plant operation or any plant systems with charcoal filters from 10 proposed changes do not affect any modifications and does not directly or hours each month to 15 minutes each postulated accident precursors. Since no month, consistent with Technical individual precursors of an accident are indirectly affect the failure modes of any affected, the proposed license amendments plant systems or components. Specification Task Force (TSTF) traveler do not involve a significant increase in the Therefore, the proposed changes do not TSTF–522, Revision 0, ‘‘Revise probability of a previously analyzed event. create the possibility of a new or different Ventilation System Surveillance The consequences of an evaluated accident kind of accident from any accident Requirements to Operate for 10 hours are determined by the operability of plant previously evaluated. per Month.’’ The Notice of Availability systems designed to mitigate those 3. Does the proposed change involve a and model safety evaluation of TSTF– consequences. significant reduction in a margin of safety? Response: No. 522, Revision 0, were published in the AREVA Topical Report ANP–10298P–A, Federal Register on September 20, 2012 ACE/ATRIUM 10XM Critical Power The SLMCPR ensures that at least 99.9 Correlation, Revision 1, March 2014, is being percent of the fuel rods do not experience (77 FR 58421). adopted to resolve a previously identified boiling transition during normal operation Basis for proposed no significant concern with the calculation of the K-factor, and anticipated operational occurrences, if hazards consideration determination: which is a modelling parameter that the SLMCPR is not exceeded. Topical Report As required by 10 CFR 50.91(a), the characterizes the effect on critical power ratio ANP–10298PA is listed as an NRC-approved licensee has provided its analysis of the of radial fuel rod peaking distribution within analytical method in Technical Specification issue of no significant hazards a fuel bundle. Adoption of AREVA Topical 5.6.5.b. Replacing the analytical methodology consideration, with NRC staff revisions described in Topical Report ANP–10298PA, Report ANP–10298P–A, ACE/ATRIUM 10XM provided in [brackets], which is Critical Power Correlation, Revision 1, also Revision 0, with the methodology contained eliminates the need to perform a in ANP–10298P–A, Revision 1, will ensure presented below: confirmatory evaluation as described in the that (1) core operating limits are no longer 1. Does the proposed change involve a Appendix B license condition issued as part affected by the K-factor calculation issue significant increase in the probability or of License Amendments 262 and 290 for described in AREVA Operability Assessment consequences of an accident previously Units 1 and 2. Therefore, the license CR 2011–2274, Revision 1, and (2) the evaluated? condition is being eliminated. current level of fuel protection is maintained Response: No. The adoption of AREVA Topical Report by continuing to ensure that the fuel design The proposed change replaces an existing ANP–10298P–A, ACE/ATRIUM 10XM safety criterion is met (i.e., that no more than Surveillance Requirement to operate the
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BWR [boiling water reactor]/6 SGT System satisfied. Therefore, the NRC proposes Analysis Plus (MELLLA+) reloads following and CRFA Systems equipped with electric to determine that the amendment the approval of the MELLLA+ license heaters for a continuous 10 hour period every request involves no significant hazards amendment request. As such, adding this 31 days with a requirement to operate the consideration. reference to TS 5.6.5.b, is administrative in systems for 15 continuous minutes with nature. heaters operating, if needed. Attorney for licensee: Joseph A. Therefore, it is concluded that this change These systems are not accident initiators Aluise, Associate General Counsel— does not involve a significant increase in the and therefore, these changes do not involve Nuclear, Entergy Services, Inc., 639 probability or consequences of an accident a significant increase in the probability of an Loyola Avenue, New Orleans, Louisiana previously evaluated. accident. The proposed system and filter 70113. 2. Does the proposed change create the testing changes are consistent with current NRC Branch Chief: Meena K. Khanna. possibility of a new or different kind of regulatory guidance for these systems and accident from any accident previously will continue to assure that these systems Entergy Operations, Inc., System Energy evaluated? perform their design function which may Resources, Inc., South Mississippi Response: No. include mitigating accidents. Thus the Electric Power Association, and Entergy The licensee proposes to add LTR NEDC– change does not involve a significant Mississippi, Inc., Docket No. 50–416, 33075P–A, Revision 8, to TS 5.6.5.b as increase in the consequences of an accident. Grand Gulf Nuclear Station, Unit 1 Reference 27. The licensee demonstrated the Therefore, it is concluded that this change (GGNS), Claiborne County, Mississippi applicability of this LTR for the GGNS in its does not involve a significant increase in the submittal dated September 25, 2013. Adding probability or consequences of an accident Date of amendment request: January this approved LTR to TS 5.6.5.b will allow previously evaluated. 6, 2015, as supplemented by letter dated the licensee to use the approved DSS–CD 2. Does the proposed change create the March 27, 2015. Publicly-available methodology for preparing the COLR for the possibility of a new or different kind of versions are in ADAMS under MELLLA+ reloads following the approval of accident from any accident previously Accession Nos. ML15006A238 and the MELLLA+ license amendment request. evaluated? ML15089A126, respectively. As such, adding this reference to TS 5.6.5.b, Response: No. Description of amendment request: is administrative in nature. The proposed change replaces an existing Therefore, it is concluded that this change Surveillance Requirement to operate the The amendment would revise Technical does not create the possibility of a new or BWR/6 SGT System and CRFA Systems Specification (TS) 5.6.5.b, ‘‘Core different kind of accident from any accident equipped with electric heaters for a Operating Limits Report [COLR]’’ by previously evaluated. continuous 10 hour period every 31 days adding the following reference, NEDC– 3. Does the proposed change involve a with a requirement to operate the systems for 33075P–A, Revision 8, ‘‘GE Hitachi significant reduction in a margin of safety? 15 continuous minutes with heaters Boiling Water Reactor Detect and Response: No. operating, if needed. Suppress Solution—Confirmation The licensee proposes to add LTR NEDC– The change proposed for these ventilation Density [DSS–CD].’’ 33075P–A, Revision 8, to TS 5.6.5.b as systems does not change any system Basis for proposed no significant Reference 27. The licensee demonstrated the operations or maintenance activities. Testing applicability of this LTR for the GGNS in its requirements will be revised and will hazards consideration determination: submittal dated September 25, 2013. Adding continue to demonstrate that the Limiting As required by 10 CFR 50.91(a), the this approved LTR to TS 5.6.5.b will allow Conditions for Operation are met and the licensee has provided its analysis of the the licensee to use the approved DSS–CD system components are capable of issue of no significant hazards methodology for preparing the COLR for the performing their intended safety functions. consideration. The NRC staff has MELLLA+ reloads following the approval of The change does not create new failure reviewed the licensee’s analysis against the MELLLA+ license amendment request. modes or mechanisms and no new accident the standards of 10 CFR 50.92(c). The As such, adding this reference to TS 5.6.5.b, precursors are generated. NRC staff’s review is presented below: is administrative in nature. Therefore, it is concluded that this change Therefore, it is concluded that this change does not create the possibility of a new or 1. Does the proposed change involve a does not involve a significant reduction in a different kind of accident from any accident significant increase in the probability or margin of safety. consequences of an accident previously previously evaluated. The NRC staff has reviewed the 3. Does the proposed change involve a evaluated? significant reduction in a margin of safety? Response: No. licensee’s analysis and, based on this Response: No. The NRC staff completed its review of review, it appears that the three The proposed change replaces an existing NEDC–33075P–A, Revision 6, ‘‘General standards of 10 CFR 50.92(c) are Surveillance Requirement to operate the Electric Boiling Water Reactor Detect and satisfied. Therefore, the NRC staff BWR/6 SGT System and CRFA Systems Suppress Solution—Confirmation Density,’’ a proposes to determine that the equipped with electric heaters for a licensing topical report (LTR) and issued its amendment request involves no continuous 10 hour period every 31 days safety evaluation on January 25, 2008 significant hazards consideration. with a requirement to operate the systems for (ADAMS Accession No. ML080310388). The NRC staff had concluded that this LTR is Attorney for licensee: Joseph A. 15 continuous minutes with heaters Aluise, Associate General Counsel— operating, if needed. acceptable for referencing in licensing The design basis for the ventilation applications for nuclear power plants to the Nuclear, Entergy Services, Inc., 639 systems’ heaters is to heat the incoming air extent specified and under the limitations Loyola Avenue, New Orleans, Louisiana which reduces the relative humidity. The delineated in the accepted versions of the 70113. heater testing change proposed will continue LTR. In addition, by letter dated November NRC Branch Chief: Meena K. Khanna. 19, 2013, LTR NEDE–33075P, Revision 8, has to demonstrate that the heaters are capable of Florida Power and Light Company, heating the air and will perform their design been approved for use in future licensing function. The proposed change is consistent actions. The licensee proposes to add NEDC– Docket Nos. 50–250 and 50–251, Turkey with [the NRC’s] regulatory guidance. 33075P–A, Revision 8, to TS 5.6.5.b as Point Nuclear Generating Units 3 and 4, Therefore, it is concluded that this change Reference 27. The licensee demonstrated the Miami-Dade County, Florida does not involve a significant reduction in a applicability of this LTR for the GGNS in its Date of amendment request: margin of safety. submittal dated September 25, 2013 (ADAMS Accession No. ML13269A140). Adding this December 23, 2014. A publicly-available The NRC staff has reviewed the approved LTR to the TS 5.6.5.b will allow the version is in ADAMS under Accession licensee’s analysis and, based on this licensee to use the approved DSS–CD No. ML15029A297. review, it appears that the three methodology for preparing the COLR for the Description of amendment request: standards of 10 CFR 50.92(c) are Maximum Extended Load Line Limit The amendments would modify the
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Technical Specifications (TSs) related to of the plant. The proposed change does not consideration, which is presented Completion Times (CTs) for Required involve a physical alteration of the plant (no below: new or different kind of equipment will be Actions (RAs) to provide the option to 1. Does the proposed change involve a calculate a longer, risk-informed CT installed). Therefore, the proposed change does not significant increase in the probability or (RICT). A new program, the Risk- create the possibility of a new or different consequences of an accident previously Informed Completion Time Program, kind of accident from any accident evaluated? would be added to TS Section 6.0, previously evaluated. Response: No. The proposed amendment provides an ‘‘Administrative Controls.’’ The 3. Does the proposed change involve a analysis of the FLB [feedwater line break] methodology for using the RICT significant reduction in the margin of safety? accident assuming the worst-case conditions Response: No. Program is described in Nuclear Energy that could result in pressurizer filling The proposed change permits the Institute (NEI) 06–09, ‘‘Risk-Informed wherein water relief through the PSVs extension of Completion Times provided risk Technical Specifications Initiative 4b, [pressurizer safety valves] may challenge the is assessed and managed in accordance with Risk-Managed Technical Specifications integrity of the reactor coolant boundary. The the NRC approved Risk-Informed Completion purpose of the pressurizer filling analysis is (RMTS) Guidelines,’’ Revision 0–A Time Program. The proposed change (ADAMS Accession No. ML12286A322). to determine the operator actions that implements a risk-informed configuration preclude water relief through the PSVs if a Adherence to NEI 06–09 would be management program to assure that adequate required by the RICT Program. The FLB accident has occurred. The pressurizer margins of safety are maintained. Application filling analysis assumes an accident occurs licensee stated that the proposed of these new specifications and the and evaluates the plant response to the amendments would be consistent with configuration management program accident; therefore, the proposed amendment Technical Specification Task Force considers cumulative effects of multiple results in no change in the probability of an (TSTF) Traveler 505 TSTF–505, systems or components being out of service accident previously evaluated. Revision 1, ‘‘Provide Risk-Informed and does so more effectively than the current The proposed amendment does not change TS. Therefore, the proposed change does not Extended Completion Times—RITSTF any design functions of existing structures, involve a significant reduction in a margin of systems and components (SSCs) and does not [Risk Informed TSTF] Initiative 4b’’ safety. (ADAMS Accession No. ML111650552). increase the likelihood of the malfunction of The NRC staff has reviewed the an SSC. The operator actions added by the The licensee requested that not all the amendment are designed to ensure the modified RAs in TSTF–505 be included licensee’s analysis and, based on this review, it appears that the three capability of SSCs to perform their design in the amendments. The licensee also function by ensuring a PORV [power requested that some plant-specific RAs standards of 50.92(c) are satisfied. operated relief valve] is available to provide be included in the amendments that Therefore, the NRC proposes to reactor coolant pressure relief and by were not included in TSTF–505. The determine that the amendment request terminating the pressurizer filling event Federal Register notice published on involves no significant hazards before water is relieved from the PSVs. March 15, 2012 (77 FR 15399), consideration. Therefore, the proposed change does not involve a significant increase in the announced the availability of TSTF– Attorney for licensee: William S. Blair, Managing Attorney—Nuclear, probability or consequence of an accident 505, Revision 1. previously evaluated. Basis for proposed no significant Florida Power & Light Company, 700 Universe Blvd., MS LAW/JB, Juno 2. Does the proposed change create the hazards consideration determination: possibility of a new or different accident As required by 10 CFR 50.91(a), the Beach, Florida 33408–0420. from any accident previously evaluated? licensee provided its analysis of the NRC Branch Chief: Shana R. Helton. Response: No. issue of no significant hazards Pacific Gas and Electric Company The proposed amendment does not change consideration, which is presented (PGandE), Docket Nos. 50–275 and 50– any design functions of existing SSCs and below: does not affect the SSCs’ operation or ability 323, Diablo Canyon Nuclear Power to perform their design function. The new 1. Does the proposed change involve a Plant, Units 1 and 2, San Luis Obispo FLB pressurizer filling analysis identifies significant increase in the probability or County, California operator actions that will prevent water relief consequences of an accident previously Date of amendment request: February through the PSVs. Simulator runs for the FLB evaluated? 25, 2015. A publicly-available version is pressurizer filling scenario have Response: No. demonstrated that operator actions credited The proposed change permits the in ADAMS under Accession No. in the analysis are consistently completed in extension of Completion Times provided the ML15056A773. time to prevent water relief through the associated risk is assessed and managed in Description of amendment request: PSVs. accordance with the NRC approved Risk- The amendments propose to incorporate Therefore the proposed change does not Informed Completion Time Program. The into the licensing basis an analysis of create the possibility of a new or different proposed change does not involve a pressurizer reaching a water-solid accident from any accident previously significant increase in the probability of an (filled) condition associated with the evaluated. accident previously evaluated because the main feedwater pipe rupture accident 3. Does the proposed change involve a change involves no change to the plant or its summarized in Updated Final Safety significant reduction in a margin of safety? modes of operation. The proposed change Response: No. does not increase the consequences of an Analysis Report (UFSAR) Section The UFSAR (Section 15.4.2.2.3) currently accident because the design-basis mitigation 15.4.2.2. Further, the proposed credits the SSI [spurious safety injection] function of the affected systems is not amendments involve the addition of pressurizer filling analysis (in UFSAR changed and the consequences of an accident time critical operator actions and Section 15.2.15.3) for the FLB pressurizer during the extended Completion Time are no modifications of the PG&E Design Class filling condition. The results of the new FLB different from those during the existing I backup nitrogen accumulators, which pressurizer filling analysis indicate the Completion Time. are credited in the new pressurizer response time for the operator action to 2. Does the proposed change create the filling analysis. ensure a PORV available during a FLB is not possibility of a new or different kind of bounded by the existing analysis for the SSI accident from any accident previously Basis for proposed no significant pressurizer filling event. In addition, the evaluated? hazards consideration determination: analysis determined the PORVs need to cycle Response: No. As required by 10 CFR 50.91(a), the longer than accommodated by the current The proposed change does not change the licensee has provided its analysis of the nitrogen supply to prevent water relief design, configuration, or method of operation issue of no significant hazards through the PSVs.
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The new analysis identifies operator Because, this proposed change requirements information for new/existing actions to mitigate the pressurizer filling requires a departure from Tier 1 process piping lines. Adding or updating the condition specific to a FLB accident. information in the Westinghouse ASME Section III piping line name/number Simulator runs for a FLB scenario have or functional capability requirements in the demonstrated that operator actions credited Advanced Passive 1000 design control tables would not affect any radioactive in the analysis are consistently completed in document (DCD), the licensee also material barrier. No safety analysis or design time to prevent water relief through the requested an exemption from the basis acceptance limit/criterion is challenged PSVs. requirements of the Generic DCD Tier 1 or exceeded by the proposed changes, thus, The new FLB analysis credits an increased in accordance with the provisions of no margin of safety is reduced. number of PORV water-relief cycles, which part 52, appendix D, section III.B of Therefore, the proposed amendment does will be provided by modifications to increase Title 10 of the Code of Federal not involve a significant reduction in a the nitrogen supply to the PORV[s]. The Regulations (10 CFR), ‘‘Design margin of safety. PORVs have been qualified to perform the The NRC staff has reviewed the increased number of water-relief cycles and Certification Rule for the AP1000 are environmentally qualified to withstand Design, Scope and Contents.’’ licensee’s analysis and, based on this the harsh environment that could result from Basis for proposed no significant review, it appears that the three a FLB. Increasing the required number of hazards consideration determination: standards of 10 CFR 50.92(c) are PORV water-relief cycles does not alter the As required by 10 CFR 50.91(a), the satisfied. Therefore, the NRC proposes overall thermal hydraulic response of the licensee has provided its analysis of the to determine that the amendment RCS [reactor coolant system] and, therefore, issue of no significant hazards request involves no significant hazards has no effect on overall atmospheric steam consideration, which is presented consideration. releases. The PORV relief is not a source of Attorney for licensee: Ms. Kathryn M. radiological release since the RCS fluid below: Sutton, Morgan, Lewis & Bockius LLC, remains inside containment and therefore is 1. Does the proposed amendment involve a negligible source of radiological release to a significant increase in the probability or 1111 Pennsylvania Avenue NW., the environment. consequences of an accident previously Washington, DC 20004–2514. Therefore, the proposed amendment does evaluated? NRC Branch Chief: Lawrence not involve a significant reduction in a Response: No. Burkhart. margin of safety. The COL Appendix C Tables and III. Notice of Issuance of Amendments The NRC staff has reviewed the corresponding plant-specific Tier 1 Tables proposed changes involve updating piping to Facility Operating Licenses and licensee’s analysis and, based on this line name/number or functional capability Combined Licenses review, it appears that the three requirements. These changes do not affect standards of 10 CFR 50.92(c) are During the period since publication of any system design function. Adding or the last biweekly notice, the satisfied. Therefore, the NRC proposes updating information for existing ASME to determine that the amendment Section III piping does not involve (i.e., Commission has issued the following requests involve no significant hazards cannot affect) any accident initiating event or amendments. The Commission has consideration. component failure, thus, the probabilities of determined for each of these Attorney for licensee: Jennifer Post, the accidents previously evaluated are not amendments that the application Esq., Pacific Gas and Electric Company, affected. The maximum allowable leakage complies with the standards and rate specified in the Technical Specifications P.O. Box 7442, San Francisco, California requirements of the Atomic Energy Act is unchanged, and radiological material of 1954, as amended (the Act), and the 94120. release source terms are not affected, thus, NRC Branch Chief: Michael T. the radiological releases in the accident Commission’s rules and regulations. Markley. analyses are not affected. The Commission has made appropriate findings as required by the Act and the South Carolina Electric and Gas Therefore, the proposed amendment does not involve a significant increase in the Commission’s rules and regulations in Company Docket Nos. 52–027 and 52– probability or consequences of an accident 10 CFR Chapter I, which are set forth in 028, Virgil C. Summer Nuclear Station previously evaluated. the license amendment. (VCSNS) Units 2 and 3, Fairfield 2. Does the proposed amendment create A notice of consideration of issuance County, South Carolina the possibility of a new or different kind of of amendment to facility operating Date of amendment request: accident from any accident previously license or combined license, as evaluated? December 18, 2014. A publicly-available Response: No. applicable, proposed no significant version is in ADAMS under Accession The COL Appendix C Tables and hazards consideration determination, No. ML14353A107. corresponding plant-specific Tier 1 Tables and opportunity for a hearing in Description of amendment request: proposed changes to update piping line connection with these actions, was The proposed change would amend name/number or functional capability published in the Federal Register as Combined License Nos. NPF–93 and requirements do not adversely affect the indicated. NPF–94 for the VCSNS Units 2 and 3 by design or quality of any structure, system, or Unless otherwise indicated, the revising line number information in Tier component. Adding or updating ASME Commission has determined that these 1 and promote consistency with the Section III piping line information for amendments satisfy the criteria for existing process piping lines to a licensing Updated Final Safety Analysis Report table does not create a new fault or sequence categorical exclusion in accordance (UFSAR) Tier 2 information. The line of events that could result in a radioactive with 10 CFR 51.22. Therefore, pursuant number information includes the material release. to 10 CFR 51.22(b), no environmental Automatic Depressurization System, the Therefore, the proposed amendment does impact statement or environmental Passive Containment Cooling System, not create the possibility of a new or different assessment need be prepared for these the Passive Core Cooling System, the kind of accident from any accident amendments. If the Commission has Normal Residual Heat Removal System, previously evaluated. prepared an environmental assessment the Containment Air Filtration System, 3. Does the proposed amendment involve under the special circumstances Spent Fuel Pool Cooling System, and a significant reduction in a margin of safety? Response: No. provision in 10 CFR 51.22(b) and has the Sanitary Discharge System piping The COL Appendix C Tables and made a determination based on that line numbers to reflect the as-designed corresponding plant-specific Tier 1 Tables assessment, it is so indicated. configuration resulting from changes in proposed changes involve updating piping For further details with respect to the piping layout or rerouting. line name/number or functional capability action see (1) the applications for
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amendment, (2) the amendment, and (3) Specification 3.7.1, ‘‘Standby Service Date of initial notice in Federal the Commission’s related letter, Safety Water (SW) System and Ultimate Heal Register: March 2, 2015 (80 FR 11236). Evaluation and/or Environmental Sink (UHS),’’ TS Surveillance The supplemental letters provided Assessment as indicated. All of these Requirement 3.7.1.1 related to verifying additional information that clarified the items can be accessed as described in that the average water level in the UHS application, did not expand the scope of the ‘‘Obtaining Information and spray ponds is the average of the level the application as originally noticed, Submitting Comments’’ section of this in both ponds. and did not change the NRC staff’s document. Date of issuance: April 15, 2015. original proposed no significant hazards Effective date: As of its date of consideration determination as Duke Energy Carolinas, LLC, Docket issuance and shall be implemented published in the Federal Register. Nos. 50–413 and 50–414, Catawba within 10 days from the date of The Commission’s related evaluation Nuclear Station, Units 1 and 2, York issuance. of the amendment and final NSHC County, South Carolina; Duke Energy Amendment No.: 233. A publicly- determination are contained in a Safety Carolinas, LLC, Docket Nos. 50–369 and available version is in ADAMS under Evaluation dated April 2, 2015. 50–370, McGuire Nuclear Station, Units Accession No. ML15076A122; No significant hazards consideration 1 and 2, Mecklenburg County, North documents related to this amendment comments received: Yes. The comments Carolina are listed in the Safety Evaluation are addressed in the Safety Evaluation Date of application for amendments: enclosed with the amendment. referenced above. Renewed Facility Operating License May 31, 2012, as supplemented by Exelon Generation Company, LLC, No. NPF–21: The amendment revised letters dated March 13, 2013, and Docket Nos. STN 50–456 and STN 50– the Facility Operating License and November 25, 2014. 457, BraidwoodStation, Units 1 and 2, Brief description of amendments: The Technical Specifications. Will County, Illinois; Exelon Generation amendments approve a conditional Date of initial notice in Federal Company, LLC, Docket Nos. STN 50–454 exception to the end of cycle moderator Register: September 5, 2014 (79 FR and STN 50–455, Byron Station, Units 1 temperature coefficient surveillance 53085). The supplemental letter dated and 2, Ogle County, Illinois; Exelon requirement if certain conditions are December 23, 2014, provided additional Generation Company, LLC, Docket No. met. information that clarified the Date of issuance: April 14, 2015. application, did not expand the scope of 50–461, Clinton Power Station, Unit 1, Effective date: As of the date of the application as originally noticed, DeWitt County, Illinois; Exelon issuance and shall be implemented and did not change the staff’s original Generation Company, LLC, Docket Nos. within 30 days of issuance. proposed no significant hazards 50–10, 50–237 and 50–249, Dresden Amendment Nos.: 275, 271, 278, and consideration determination as Nuclear Power Station, Units 1, 2 and 3, 258. A publicly-available version of the published in the Federal Register. Grundy County, Illinois; Exelon application is in ADAMS under The Commission’s related evaluation Generation Company, LLC, Docket Nos. Accession No. ML12153A328; of the amendment is contained in a 50–373 and 50–374, LaSalle County documents related to these amendments Safety Evaluation dated April 15, 2015. Station, Units 1 and 2, LaSalle County, are listed in the Safety Evaluation No significant hazards consideration Illinois; Exelon Generation Company, enclosed with the amendments. comments received: No. LLC, Docket Nos. 50–254 and 50–265, Renewed Facility Operating License Quad Cities Nuclear Power Station, Entergy Nuclear Operations, Inc., Nos. NPF–35, NPF–52, NPF–9, and Units 1 and 2, Rock Island County, Docket No. 50–247, Indian Point NPF–17: Amendments revised the Illinois Nuclear Generating Unit 2, Westchester Renewed Facility Operating licenses Date of application for amendments: County, New York and Technical Specifications. August 11, 2014 (ADAMS Accession Date of initial notice in Federal Date of amendment request: February No. ML14224A245). Register: February 5, 2013 (78 FR 12, 2015, as supplemented by letters Brief description of amendments: The 8198). The licensee’s March 13, 2013, dated March 10, and April 1, 2015. amendments revise the description of and November 25, 2014, supplements Brief description of amendment: The the Emergency Response Organization provided clarifying information that did amendment revised the acceptance requalification training frequency for not change the scope of the proposed criteria for Surveillance Requirement Exelon personnel defined in Exelon’s amendment as described in the original 3.1.4.2 for Control Rod G–3. The change governing Emergency Plans for the notice of proposed action published in defers subsequent testing of Control Rod named stations from ‘‘annually’’ to the Federal Register, and did not G–3 until repaired during the next ‘‘once per calendar year not to exceed change the initial proposed no forced outage of sufficient duration 18 months between training sessions.’’ significant hazards consideration prior to the refuel outage of 2016 or Date of issuance: April 8, 2015. determination. during the refuel outage of 2016. Effective date: As of the date of The Commission’s related evaluation Date of issuance: April 2, 2015. issuance and shall be implemented of the amendments is contained in a Effective date: As of the date of within 90 days from the date of Safety Evaluation dated April 14, 2015. issuance, and shall be implemented issuance. No significant hazards consideration within 30 days. Amendment Nos.: 182, 182, 188, 188, comments received: No. Amendment No.: 280. A publicly- 203, 44, 243, 236, 213, 199, 256, and available version is in ADAMS under 251. A publicly-available version is in Energy Northwest, Docket No. 50–397, Accession No. ML15083A490; ADAMS under Accession No. Columbia Generating Station, Benton documents related to this amendment ML14323A522. Documents related to County, Washington are listed in the Safety Evaluation these amendments are listed in the Date of application for amendment: enclosed with the amendment. Safety Evaluation enclosed with the August 22, 2014, as supplemented by Facility Operating License Nos. DPR– amendments. letter dated December 23, 2014. 26: The amendment revised the Facility Facility Operating License Nos. NPF– Brief description of amendment: The Operating License and the Technical 72, NPF–77, NPF–37, NPF–66, NPF- 62, amendment changed Technical Specifications. DPR–2, DPR–19, DPR–25, NPF–11, NPF–
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18, DPR–29, DPR–30: The amendments amendment revised TS 5.5.12, changes are consistent with the NRC revised the Licenses. ‘‘Containment Leakage Rate Testing approved Technical Specification Task Date of initial notice in Federal Program,’’ Item a, by deleting reference Force (TSTF) Standard Technical Register: September 30, 2014 (79 FR to the BVPS–1 exemption transmittal Specification change TSTF–427, 58815). letter dated December 5, 1984 (ADAMS ‘‘Allowance for Non-Technical The Commission’s related evaluation Accession No. ML003766713), and Specification Barrier Degradation on of the amendments is contained in a requiring compliance with Nuclear Supported System OPERABILITY,’’ Safety Evaluation dated April 8, 2015. Energy Institute (NEI) topical report NEI Revision 2. No significant hazards consideration 94–01, Revision 3–A, ‘‘Industry Date of issuance: April 6, 2015. comments received: No. Guideline for Implementing Effective date: As of the date of issuance and shall be implemented Exelon Generation Company, LLC, Performance-Based Option of 10 CFR within 90 days of issuance. Docket No. 50–219, Oyster Creek part 50, Appendix J,’’ (ADAMS Amendment Nos.: 327—Unit 1; 310— Nuclear Generating Station, Ocean Accession No. ML12221A202) instead Unit 2. A publicly-available version is County, New Jersey of Regulatory Guide 1.163, ‘‘Performance-Based Containment Leak in ADAMS under Accession No. Date amendment request: April 30, Test Program,’’ (ADAMS Accession No. ML15076A226; documents related to 2014, as supplemented by letter dated ML003740058) including listed these amendments are listed in the October 16, 2014. exceptions. In summary, the Safety Evaluation enclosed with the Brief description of amendment: The amendment allows extension of the amendments. amendment revised Oyster Creek Type A Reactor Containment Integrated Renewed Facility Operating License Nuclear Generating Station (OCNGS) Leak test, required by 10 CFR part 50, Nos. DPR–58 and DPR–74: Amendments Technical Specifications (TS) 4.5M, Appendix J, interval to one test in 15 revise the Renewed Facility Operating ‘‘Shock Suppressors (Snubbers),’’ to years and an extension of the Type C Licenses and Technical Specifications. conform the TS to the revised OCNGS test interval to 75 months, with a Date of initial notice in Federal Snubber Inspection Program. permissible extension period of 9 Register: March 3, 2015 (80 FR 11478). Date of issuance: April 3, 2015. months (total of 84 months) for non- The Commission’s related evaluation Effective date: As of the date of routine emergent conditions, based on of the amendment is contained in a issuance and shall be implemented acceptable performance history of the Safety Evaluation dated April 6, 2015. within 60 days. containment test as defined in NEI 94– No significant hazards consideration Amendment No.: 286. A publicly- 01, Revision 3–A. comments received: No. available version is in ADAMS under Date of Issuance: April 8, 2015. South Carolina Electric and Gas Accession No. ML15040A721; Effective date: As of the date of documents related to this amendment Company, South Carolina Public issuance and shall be implemented Service Authority, Docket No. 50–395, are listed in the Safety Evaluation within 30 days of issuance. enclosed with the amendments. Virgil C. Summer Nuclear Station, Unit Amendment Nos.: 293 and 180. A 1, Fairfield County, South Carolina Renewed Facility Operating License publicly-available version is in ADAMS No. DPR–16: Amendment revised the under Accession No. ML14322A461. Date of amendment request: April 7, Facility Operating License and Facility Operating License Nos DPR– 2014, as supplemented by letters dated Technical Specifications. 66 and NPF–73: Amendments revised October 3, 2014, and March 18, 2015. Date of initial notice in Federal the Facility Operating License and Date of issuance: April 13, 2015. Register: July 8, 2014 (79 FR 38590). Technical Specifications. Brief description of amendment: The The supplemental letter dated October Date of initial notice in Federal amendment approves a revision to the 16, 2014, provided additional Register: August 5, 2014 (79 FR 45477). emergency action levels from a scheme information that clarified the The supplemental letters dated based on NEI 99–01, Revision 5, application, did not expand the scope of November 4, 2014, and March 23, 2015, ‘‘Methodology for Development of the application as originally noticed, provided additional information that Emergency Action Levels’’ to a scheme and did not change the staff’s original clarified the application, did not expand based on NEI 99–01, Revision 6, proposed no significant hazards the scope of the application as originally ‘‘Development of Emergency Action consideration determination as noticed, and did not change the staff’s Levels for Non-Passive Reactors.’’ published in the Federal Register. original proposed no significant hazards Effective date: As of the date of its The Commission’s related evaluation consideration determination as issuance and shall be implemented of the amendments is contained in a published in the Federal Register. within 180 days of issuance. Safety Evaluation dated April 3, 2015. The Commission’s related evaluation Amendment No.: 200. A publicly- No significant hazards consideration of the amendment is contained in a available version is in ADAMS under comments received: No. Safety Evaluation dated April 8, 2015. Accession No. ML15063A355; documents related to this amendment FirstEnergy Nuclear Operating No significant hazards consideration comments received: No. are listed in the Safety Evaluation Company, et al., Docket Nos. 50–334 enclosed with the amendment. and 50–412, Beaver Valley Power Indiana Michigan Power Company, Renewed Facility Operating License Station, Units 1 and 2, Beaver County, Docket Nos. 50–315 and 50–316, Donald No. NPF–12: Amendment revised the Pennsylvania C. Cook Nuclear Plant, Units 1 and 2, Renewed Facility Operating License. Date of amendment request: April 16, Berrien County, Michigan Date of initial notice in Federal 2014, as supplemented by letters dated Date of amendment requests: Register: June 6, 2014 (79 FR 32771). November 4, 2014, and March 23, 2015. February 6, 2015. The supplemental letters dated October Description of amendment request: Brief description of amendments: The 3, 2014, and March 18, 2015, provided The amendment changed the Beaver amendments modified the technical additional information that clarified the Valley Power Station Units 1 and 2 specifications requirements for application, did not expand the scope of (BVPS–1 and BVPS–2) technical unavailable barriers by adding limiting the application as originally noticed, specifications (TS). Specifically, the condition for operation 3.0.8. The and did not change the staff’s original
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proposed no significant hazards are listed in the Safety Evaluation For the Nuclear Regulatory Commission. consideration determination as enclosed with the amendments. Louise Lund, published in the Federal Register. Facility Combined Licenses Nos. NPF– Acting Director, Division of Operating Reactor The Commission’s related evaluation 91 and NPF–92: Amendment revised the Licensing, Office of Nuclear Reactor of the amendment is contained in a Facility Combined Licenses. Regulation. Safety Evaluation dated April 13, 2015. Date of initial notice in Federal [FR Doc. 2015–09758 Filed 4–27–15; 8:45 am] No significant hazards consideration Register: September 30, 2014 (79 FR BILLING CODE 7590–01–P comments received: No. 58812). The supplemental letter dated Southern Nuclear Operating Company, December 12, 2014, provided additional NUCLEAR REGULATORY Inc., Docket Nos. 50–348 and 50–364, information that clarified the COMMISSION Joseph M. Farley Nuclear Plant, Units 1 application, did not expand the scope of the application as originally noticed, and 2, Houston County, Alabama Advisory Committee on Reactor and did not change the staff’s original Safeguards (ACRS); Meeting of the Date of application for amendment: proposed no significant hazards ACRS Subcommittee on Reliability & June 3, 2014. consideration determination as PRA; Notice of Meeting Brief description of amendments: The published in the Federal Register. amendments revise the Technical The Commission’s related evaluation Specification Limiting Condition for The ACRS Subcommittee on of the amendment is contained in a Operation 3.3.1 and Surveillance Reliability & PRA will hold a meeting Safety Evaluation dated April 1, 2015. Requirement 3.2.4.2 related to the on May 5, 2015, Room T–2B1, 11545 reactor trip system instrumentation. No significant hazards consideration Rockville Pike, Rockville, Maryland. Date of issuance: April 8, 2015. comments received: No. The meeting will be open to public Effective date: As of its date of Southern Nuclear Operating Company, attendance. issuance and shall be implemented Docket Nos. 52–025 and 52–026, Vogtle The agenda for the subject meeting within 120 days from the date of Electric Generating Plant, Units 3 and 4, shall be as follows: issuance. Burke County, Georgia Tuesday, May 5, 2015—1:00 p.m. Until Amendment Nos.: Unit 1—197, Unit 5:00 p.m. 2—193. A publicly-available version is Date of amendment request: July 29, in ADAMS under Accession No. 2014, and supplemented by the letter The Subcommittee will discuss the ML15028A165, documents related to dated November 5, 2014. progress made on the treatment of these amendments are listed in the Brief description of amendment: The uncertainty in risk-informed decision Safety Evaluation enclosed with the license amendment revised the making. The Subcommittee will hear amendments. Combined Licenses (COLs) with regard presentations by and hold discussions Facility Operating License Nos. NPF– to Tier 1 material and promoted with the NRC staff and other interested 2 and NPF–8: The amendments revised consistency with the Updated Final persons regarding this matter. The the Renewed Facility Operating Safety Analysis Report Tier 2. Subcommittee will gather information, Licenses and Technical Specifications. Date of issuance: February 13, 2015. analyze relevant issues and facts, and Date of initial notice in Federal Effective date: As of the date of formulate proposed positions and Register: July 22, 2014 (79 FR 42551). issuance and shall be implemented actions, as appropriate, for deliberation The Commission’s related evaluation within 30 days of issuance. by the Full Committee. of the amendments is contained in a Amendment No.: 30. A publicly- Members of the public desiring to Safety Evaluation dated April 8, 2015. available version is in ADAMS under provide oral statements and/or written No significant hazards consideration Accession No. ML14350B012; comments should notify the Designated comments received: No. documents related to these amendments Federal Official (DFO), John Lai (Telephone 301–415–5197 or Email: Southern Nuclear Operating Company, are listed in the Safety Evaluation enclosed with the amendments. [email protected]) five days prior to the Docket Nos. 52–025 and 52–026, Vogtle meeting, if possible, so that appropriate Facility Combined Licenses Nos. NPF– Electric Generating Plant, Units 3 and 4, arrangements can be made. Thirty-five 91 and NPF–92: Amendment revised the Burke County, Georgia hard copies of each presentation or Facility Combined Licenses. Date of amendment request: July 14, handout should be provided to the DFO Date of initial notice in Federal 2014, and supplemented by the letter thirty minutes before the meeting. In Register: September 30, 2014 (79 FR dated December 12, 2014. addition, one electronic copy of each 58812). The supplemental letter dated Brief description of amendment: The presentation should be emailed to the November 5, 2014, provided additional license amendment revised the DFO one day before the meeting. If an information that clarified the Combined Licenses (COLs) to modify electronic copy cannot be provided application, did not expand the scope of the fire area fire barriers of the turbine within this timeframe, presenters the application as originally noticed, building switchgear rooms of the should provide the DFO with a CD and did not change the staff’s original turbine building to accommodate the containing each presentation at least proposed no significant hazards revised layout of the low and medium thirty minutes before the meeting. consideration determination as voltage switchgear and associated Electronic recordings will be permitted published in the Federal Register. equipment. only during those portions of the Date of issuance: April 1, 2015. The Commission’s related evaluation meeting that are open to the public. Effective date: As of the date of of the amendment is contained in a Detailed procedures for the conduct of issuance and shall be implemented Safety Evaluation dated February 13, and participation in ACRS meetings within 30 days of issuance. 2015. were published in the Federal Register Amendment No.: 32. A publicly- No significant hazards consideration on October 13, 2014 (79 FR 59307). available version is in ADAMS under comments received: No. Detailed meeting agendas and meeting Accession No. ML15037A045; Dated at Rockville, Maryland, this 20th day transcripts are available on the NRC documents related to these amendments of April 2015. Web site at http://www.nrc.gov/reading-
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rm/doc-collections/acrs. Information ADDRESSES: Please refer to Docket ID Essential Program Control Program to regarding topics to be discussed, NRC–2009–0076 when contacting the the technical specifications of the Idaho changes to the agenda, whether the NRC about the availability of Spent Fuel Facility to conform to those meeting has been canceled or information regarding this document. of Three Mile Island, Unit 2, and Fort rescheduled, and the time allotted to You may obtain publicly-available St. Vrain, and allow the Idaho Spent present oral statements can be obtained information related to this document Fuel Facility to make changes to the from the Web site cited above or by using any of the following methods: Quality Assurance Program, the contacting the identified DFO. • Federal Rulemaking Web site: Go to Radiological Environmental Monitoring Moreover, in view of the possibility that http://www.regulations.gov and search Program, and the Training Program. the schedule for ACRS meetings may be for Docket ID NRC–2009–0076. Address In a letter to DOE dated March 9, adjusted by the Chairman as necessary questions about NRC dockets to Carol 2015, NRC notified DOE that the to facilitate the conduct of the meeting, Gallagher; telephone: 301–415–3463; application was acceptable to begin a persons planning to attend should check email: [email protected]. For technical review (ADAMS Accession with these references if such technical questions, contact the No. ML15068A382). The NRC’s Office of rescheduling would result in a major individual listed in the FOR FURTHER Nuclear Materials Safety and Safeguards inconvenience. INFORMATION CONTACT section of this has docketed this application under If attending this meeting, please enter document. Docket No. 72–25. If the NRC approves through the One White Flint North • NRC’s Agencywide Documents the amendment, the approval will be building, 11555 Rockville Pike, Access and Management System documented in an amendment to NRC Rockville, MD. After registering with (ADAMS): You may obtain publicly Materials License No. SNM–2512. The security, please contact Mr. Theron available documents online in the Commission will approve the license Brown (Telephone 240–888–9835) to be ADAMS Public Documents collection at amendment if it determines that the escorted to the meeting room. http://www.nrc.gov/reading-rm/ request complies with the standards and Dated: April 15, 2015. adams.html. To begin the search, select requirements of the Atomic Energy Act ‘‘ADAMS Public Documents’’ and then of 1954, as amended, and the NRC’s Mark L. Banks, select ‘‘Begin Web-based ADAMS rules and regulations, and make Chief, Technical Support Branch, Advisory Search.’’ For problems with ADAMS, findings consistent with the National Committee on Reactor Safeguards. please contact the NRC’s Public Environmental Policy Act and part 51 of [FR Doc. 2015–09859 Filed 4–27–15; 8:45 am] Document Room (PDR) reference staff at title 10 of the Code of Federal BILLING CODE 7590–01–P 1–800–397–4209, 301–415–4737, or by Regulations (10 CFR). These findings email to [email protected]. The will be documented in a Safety Evaluation Report. NUCLEAR REGULATORY ADAMS accession number for each COMMISSION document referenced in this document II. Opportunity To Request a Hearing (if that document is available in [Docket No. 72–25; NRC–2009–0076] ADAMS) is provided the first time that The Commission may issue either a a document is referenced. notice of hearing or a notice of proposed Department of Energy; Idaho Spent • NRC’s PDR: You may examine and action and opportunity for hearing in Fuel Facility Independent Spent Fuel purchase copies of public documents at accordance with 10 CFR 72.46(b)(1) or, Storage Installation the NRC’s PDR, Room O1–F21, One if a determination is made that the amendment does not present a genuine AGENCY: Nuclear Regulatory White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. issue as to whether public health and Commission. safety will be significantly affected, take FOR FURTHER INFORMATION CONTACT: Jose ACTION: License amendment application; immediate action on the amendment in docketing. R. Cuadrado, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear accordance with 10 CFR 72.46(b)(2), and provide notice of the action taken and SUMMARY: The U.S. Nuclear Regulatory Regulatory Commission, Washington, an opportunity for interested persons to Commission (NRC) has docketed a DC 20555–0001; telephone: 301–415– request a hearing on whether the action license amendment application from the 0606; email: [email protected]. should be rescinded or modified. Department of Energy (DOE or the SUPPLEMENTARY INFORMATION: licensee) for amendment of Materials Dated at Rockville, Maryland, this 17th day License No. SNM–2512, for the Idaho I. Introduction of April 2015. Spent Fuel Facility independent spent By letter dated February 17, 2015, For the Nuclear Regulatory Commission. fuel storage installation located on the DOE submitted to the NRC an Michele Sampson, Idaho National Engineering Laboratory application to amend the technical Chief, Spent Fuel Licensing Branch, Division in Butte County, Idaho. If granted, the specifications for the Idaho Spent Fuel of Spent Fuel Management, Office of Nuclear amendment would revise the technical Facility ISFSI, located on the Idaho Material Safety and Safeguards. specifications for the Idaho Spent Fuel National Engineering Laboratory in [FR Doc. 2015–09872 Filed 4–27–15; 8:45 am] Facility independent spent fuel storage Butte County, Idaho (ADAMS Accession BILLING CODE 7590–01–P installation (ISFSI) to add the Essential No. ML15068A008). Materials License Program Control Program. The addition No. SNM–2512 authorizes the licensee of the Essential Program Control to receive, store, and transfer spent NUCLEAR REGULATORY Program would conform the technical nuclear fuel elements from the Peach COMMISSION specifications to those of Three Mile Bottom Unit 1 reactor and various Advisory Committee on Reactor Island, Unit 2, and Fort St. Vrain, and TRIGA reactors; reflector modules and Safeguards (ACRS); Meeting of the allow the Idaho Spent Fuel Facility to rods from the Shippingport reactor; and ACRS Subcommittee on Fukushima; make changes to the Quality Assurance associated radioactive materials and Notice of Meeting Program, the Radiological components related to the fuel elements’ Environmental Monitoring Program, and receipt, transfer, and storage. The The ACRS Subcommittee on the Training Program. proposed amendment would add the Fukushima will hold a meeting on May
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6, 2015, Room T–2B1, 11545 Rockville persons planning to attend should check [Note: A portion of this meeting may be Pike, Rockville, Maryland. with these references if such closed in order to discuss and protect The meeting will be open to public rescheduling would result in a major information designated as proprietary, attendance. inconvenience. pursuant to 5 U.S.C. 552b(c)(4).] The agenda for the subject meeting If attending this meeting, please enter shall be as follows: through the One White Flint North Friday, May 8, 2015, Conference Room building, 11555 Rockville Pike, T2–B1, 11545 Rockville Pike, Rockville, Wednesday, May 6, 2015—8:30 a.m. Maryland until 5:00 p.m. Rockville, MD. After registering with security, please contact Mr. Theron 8:30 a.m.–10:00 a.m.: Future ACRS The Subcommittee will review and Brown (Telephone 240–888–9835) to be Activities/Report of the Planning and discuss draft Regulatory Guides DG– escorted to the meeting room. Procedures Subcommittee (Open/ 1301, 1317, and 1319, and associated Closed)—The Committee will discuss NEI documents that support the Dated: April 16, 2015. Mark L. Banks, the recommendations of the Planning Mitigation of Beyond-Design-Basis and Procedures Subcommittee regarding Rulemaking, and draft Interim Staff Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards. items proposed for consideration by the Guidance and associated NEI Full Committee during future ACRS Documents in support of Phase 2 of [FR Doc. 2015–09857 Filed 4–27–15; 8:45 am] BILLING CODE 7590–01–P Meetings, and matters related to the Order EA–13–109, Reliable Hardened conduct of ACRS business, including Vents. The Subcommittee will hear anticipated workload and member presentations by and hold discussions assignments. Note: A portion of this with the NRC staff and other interested NUCLEAR REGULATORY meeting may be closed pursuant to 5 persons regarding this matter. The COMMISSION U.S.C. 552b(c)(2) and (6) to discuss Subcommittee will gather information, Advisory Committee on Reactor organizational and personnel matters analyze relevant issues and facts, and Safeguards; Notice of Meeting that relate solely to internal personnel formulate proposed positions and rules and practices of ACRS, and actions, as appropriate, for deliberation In accordance with the purposes of information the release of which would by the Full Committee. sections 29 and 182b of the Atomic Members of the public desiring to Energy Act (42 U.S.C. 2039, 2232b), the constitute a clearly unwarranted provide oral statements and/or written Advisory Committee on Reactor invasion of personal privacy. comments should notify the Designated Safeguards (ACRS) will hold a meeting 10:00 a.m.–10:15 a.m.: Reconciliation Federal Official (DFO), Kathy Weaver on May 7–9, 2015, 11545 Rockville Pike, of ACRS Comments and (Telephone 301–415–6236 or Email: Rockville, Maryland. Recommendations (Open)—The [email protected]) five days prior Committee will discuss the responses to the meeting, if possible, so that Thursday, May 7, 2015, Conference from the NRC Executive Director for appropriate arrangements can be made. Room T2–B1, 11545 Rockville Pike, Operations to comments and Thirty-five hard copies of each Rockville, Maryland recommendations included in recent presentation or handout should be 8:30 a.m.–8:35 a.m.: Opening ACRS reports and letters. provided to the DFO thirty minutes Remarks by the ACRS Chairman 10:30 a.m.–12:00 p.m.: Preparation for before the meeting. In addition, one (Open)—The ACRS Chairman will make Meeting with the Commission (Open)— electronic copy of each presentation opening remarks regarding the conduct The Committee will discuss topics in should be emailed to the DFO one day of the meeting. preparation for the meeting with the before the meeting. If an electronic copy 8:35 a.m.–10:30 a.m.: Grand Gulf Commission. cannot be provided within this MELLLA+ License Amendment (Open/ 2:00 p.m.–6:00 p.m.: Preparation of timeframe, presenters should provide Closed)—The Committee will hear ACRS Reports (Open)—The Committee the DFO with a CD containing each presentations by and hold discussions will continue its discussion of proposed presentation at least thirty minutes with representatives of Entergy and the ACRS reports on matters discussed before the meeting. Electronic staff regarding the safety evaluation during this meeting. Note: A portion of recordings will be permitted only associated with the Grand Gulf this meeting may be closed in order to during those portions of the meeting MELLLA+ license amendment request. discuss and protect information that are open to the public. Detailed Note: A portion of this meeting may be designated as proprietary, pursuant to 5 procedures for the conduct of and closed in order to discuss and protect U.S.C. 552b(c)(4). participation in ACRS meetings were information designated as proprietary, pursuant to 5 U.S.C. 552b(c)(4). Saturday, May 9, 2015, Conference published in the Federal Register on Room T2–B1, 11545 Rockville Pike, October 13, 2014 (79 FR 59307). 10:45 a.m.–12:15 p.m.: RG 1.27, Rockville, Maryland Detailed meeting agendas and meeting ‘‘Ultimate Heat Sink for Nuclear Power transcripts are available on the NRC Plants,’’ Rev.3 (Open)—The Committee 8:30 a.m.–11:30 a.m.: Preparation of Web site at http://www.nrc.gov/reading- will hear presentations by and hold ACRS Reports (Open)—The Committee rm/doc-collections/acrs. Information discussions with representatives of the will continue its discussion of proposed regarding topics to be discussed, staff regarding the latest proposed ACRS reports. Note: A portion of this changes to the agenda, whether the revision to RG 1.27. meeting may be closed in order to meeting has been canceled or 1:15 p.m.–2:15 p.m.: Update on discuss and protect information rescheduled, and the time allotted to Reactor Oversight Process (ROP) designated as proprietary, pursuant to 5 present oral statements can be obtained (Open)—The Committee will hear a U.S.C. 552b(c)(4). from the Web site cited above or by briefing by Member Skillman regarding 11:30 a.m.–12:00 p.m.: Miscellaneous contacting the identified DFO. the Reactor Oversight Process. (Open)—The Committee will continue Moreover, in view of the possibility that 2:15 p.m.–6:00 p.m.: Preparation of its discussion related to the conduct of the schedule for ACRS meetings may be ACRS Reports (Open)—The Committee Committee activities and specific issues adjusted by the Chairman as necessary will discuss proposed ACRS reports on that were not completed during to facilitate the conduct of the meeting, matters discussed during this meeting. previous meetings.
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Procedures for the conduct of and this service. Individuals or receive an automatic email reply participation in ACRS meetings were organizations requesting this service confirming receipt, then contact us at published in the Federal Register on will be responsible for telephone line 301–415–1677. October 13, 2014 (79 FR 59307). In charges and for providing the • Fax comments to: Secretary, U.S. accordance with those procedures, oral equipment and facilities that they use to Nuclear Regulatory Commission at 301– or written views may be presented by establish the video teleconferencing 415–1101. members of the public, including link. The availability of video • representatives of the nuclear industry. teleconferencing services is not Mail comments to: Secretary, U.S. Persons desiring to make oral statements guaranteed. Nuclear Regulatory Commission, should notify Quynh Nguyen, Cognizant Washington, DC 20555–0001, ATTN: Dated at Rockville, Maryland, this 22nd Rulemakings and Adjudications Staff. ACRS Staff (Telephone: 301–415–5844, day of April 2015. • Email: [email protected]), five For the Nuclear Regulatory Commission. Hand deliver comments to: 11555 days before the meeting, if possible, so Andrew L. Bates, Rockville Pike, Rockville, Maryland that appropriate arrangements can be 20852, between 7:30 a.m. and 4:15 p.m. Advisory Committee Management Officer. made to allow necessary time during the (Eastern Time) Federal workdays; meeting for such statements. In view of [FR Doc. 2015–09867 Filed 4–27–15; 8:45 am] telephone: 301–415–1677. BILLING CODE 7590–01–P the possibility that the schedule for For additional direction on obtaining ACRS meetings may be adjusted by the information and submitting comments, Chairman as necessary to facilitate the see ‘‘Obtaining Information and conduct of the meeting, persons NUCLEAR REGULATORY Submitting Comments’’ in the planning to attend should check with COMMISSION SUPPLEMENTARY INFORMATION section of the Cognizant ACRS staff if such [Docket No. 50–302; NRC–2011–0024] this document. rescheduling would result in major inconvenience. Crystal River Nuclear Generating Plant, FOR FURTHER INFORMATION CONTACT: Thirty-five hard copies of each Unit 3; Consideration of Approval of Michael D. Orenak, Office of Nuclear presentation or handout should be Transfer of License and Conforming Reactor Regulation, telephone: 301– provided 30 minutes before the meeting. Amendment 415–3229, email: Michael.Orenak@ In addition, one electronic copy of each AGENCY: Nuclear Regulatory nrc.gov; U.S. Nuclear Regulatory presentation should be emailed to the Commission. Commission, Washington, DC 20555– Cognizant ACRS Staff one day before 0001. meeting. If an electronic copy cannot be ACTION: Application for direct transfer of provided within this timeframe, license; opportunity to comment, SUPPLEMENTARY INFORMATION: presenters should provide the Cognizant request a hearing, and petition for leave to intervene. I. Obtaining Information and ACRS Staff with a CD containing each Submitting Comments presentation at least 30 minutes before SUMMARY: The U.S. Nuclear Regulatory the meeting. Commission (NRC) received and is A. Obtaining Information In accordance with subsection 10(d) considering approval of an application Please refer to Docket ID NRC–2011– of Public Law 92–463 and 5 U.S.C. filed by Duke Energy Florida, Inc. (DEF) 552b(c), certain portions of the March 0024 when contacting the NRC about on November 7, 2014. The application the availability of information regarding 6th, May 7th, May 8th and May 9th seeks NRC approval of the direct meetings may be closed, as specifically for this action. You may obtain publicly- transfer of Facility Operating License noted above. Use of still, motion available information related to this DPR–72 for Crystal River Nuclear picture, and television cameras during action by any of the following methods: Generating Plant, Unit 3, from eight the meeting may be limited to selected • minority co-owners to DEF. The NRC is Federal Rulemaking Web site: Go to portions of the meeting as determined also considering amending the facility http://www.regulations.gov and search by the Chairman. Electronic recordings operating license for administrative for Docket ID NRC–2011–0024. will be permitted only during the open purposes to reflect the proposed • NRC’s Agencywide Documents portions of the meeting. ACRS meeting agendas, meeting transfer. Access and Management System transcripts, and letter reports are DATES: Comments must be filed by May (ADAMS): You may obtain publicly available through the NRC Public 28, 2015. A request for a hearing must available documents online in the Document Room at pdr.resource@ be filed by May 18, 2015. ADAMS Public documents collection at http://www.nrc.gov/reading-rm/ nrc.gov, or by calling the PDR at 1–800– ADDRESSES: You may submit comments adams.html. To begin the search, select 397–4209, or from the Publicly by any of the following methods (unless ‘‘ADAMS Public Documents’’ and then Available Records System (PARS) this document describes a different select ‘‘Begin Web-based ADAMS component of NRC’s document system method for submitting comments on a Search.’’ For problems with ADAMS, (ADAMS) which is accessible from the specific subject): NRC Web site at http://www.nrc.gov/ • Federal Rulemaking Web site: Go to please contact the NRC’s Public reading-rm/adams.html or http:// http://www.regulations.gov and search Document Room (PDR) reference staff at www.nrc.gov/reading-rm/doc- for Docket ID NRC–2011–0024. Address 1–800–397–4209, 301–415–4737, or by collections/ACRS/. questions about NRC dockets to Carol email to [email protected]. The Video teleconferencing service is Gallagher; telephone: 301–415–3463; application for direct transfer of license available for observing open sessions of email: [email protected]. For is available in ADAMS under Accession ACRS meetings. Those wishing to use technical questions contact the No. ML14321A450. this service should contact Mr. Theron individual listed in the FOR FURTHER • NRC’s PDR: You may examine and Brown, ACRS Audio Visual Technician INFORMATION CONTACT section of this purchase copies of public documents at (301–415–8066), between 7:30 a.m. and document. the NRC’s PDR, Room O1–F21, One 3:45 p.m. (ET), at least 10 days before • Email comments to: White Flint North, 11555 Rockville the meeting to ensure the availability of [email protected]. If you do not Pike, Rockville, Maryland 20852.
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B. Submitting Comments is otherwise consistent with applicable the NRC’s public Web site at http:// Please include Docket ID NRC–2011– provisions of law, regulations, and www.nrc.gov/reading-rm/doc- 0024 in the subject line of your orders issued by the Commission. collections/cfr/. Before issuance of the proposed As required by 10 CFR 2.309, a comment submission. conforming license amendment, the request for hearing or petition for leave The NRC cautions you not to include Commission will have made findings to intervene must set forth with identifying or contact information that required by the Atomic Energy Act of particularity the interest of the you do not want to be publicly 1954, as amended (the Act), and the petitioner in the proceeding and how disclosed in your comment submission. Commission’s regulations. that interest may be affected by the The NRC will post all comment As provided in 10 CFR 2.1315, unless results of the proceeding. The hearing submissions at http:// otherwise determined by the request or petition must specifically www.regulations.gov as well as enter the Commission with regard to a specific explain the reasons why intervention comment submissions into ADAMS. application, the Commission has should be permitted, with particular The NRC does not routinely edit determined that any amendment to the reference to the following general comment submissions to remove license of a utilization facility, which requirements: (1) the name, address, and identifying or contact information. does no more than conform the license telephone number of the requestor or If you are requesting or aggregating to reflect the transfer action, involves no petitioner; (2) the nature of the comments from other persons for significant hazards consideration. No requestor’s/petitioner’s right under the submission to the NRC, then you should contrary determination has been made Act to be made a party to the inform those persons not to include with respect to this specific license proceeding; (3) the nature and extent of identifying or contact information that amendment application. In light of the the requestor’s/petitioner’s property, they do not want to be publicly generic determination reflected in 10 financial, or other interest in the disclosed in their comment CFR 2.1315, no public comments with proceeding; and (4) the possible effect of submissions. Your request should state respect to significant hazards any decision or order which may be that the NRC does not routinely edit considerations are being solicited, entered in the proceeding on the comment submissions to remove such notwithstanding the general comment requestor’s/petitioner’s interest. The information before making the comment procedures contained in 10 CFR 50.91. hearing request or petition must also submissions available to the public or III. Opportunity To Comment include the specific contentions that the entering the comment submissions into requestor/petitioner seeks to have ADAMS. Within 30 days from the date of litigated at the proceeding. II. Introduction publication of this notice, persons may For each contention, the requestor/ submit written comments regarding the petitioner must provide a specific The NRC is considering the issuance license transfer application, as provided statement of the issue of law or fact to of an order under section 50.80 of title for in 10 CFR 2.1305. The Commission be raised or controverted, as well as a 10 of the Code of Federal Regulations will consider and, if appropriate, brief explanation of the basis for the (10 CFR) approving the direct transfer of respond to these comments, but such contention. Additionally, the requestor/ interests in Facility Operating License comments will not otherwise constitute petitioner must demonstrate that the DPR–72 for Crystal River Nuclear part of the decisional record. Comments issue raised by each contention is Generating Plant, Unit 3, to the extent should be submitted as described in the within the scope of the proceeding and held by eight minority co-owners, to ADDRESSES section of this document. is material to the findings that the NRC DEF. The NRC is also considering must make to support the granting of a amending the facility operating license IV. Opportunity To Request a Hearing and Petition for Leave To Intervene license amendment in response to the for administrative purposes to reflect application. The hearing request or the proposed transfer. Within 20 days from the date of petition must also include a concise The DEF currently holds 91.78 publication of this notice, any person(s) statement of the alleged facts or expert percent ownership interest in Crystal whose interest may be affected by the opinion that support the contention and River Nuclear Generating Plant, Unit 3. Commission’s action on the application on which the requestor/petitioner Following approval of the proposed may request a hearing and intervention intends to rely at the hearing, together direct transfer of control of the license, via electronic submission through the with references to those specific sources DEF would acquire the combined 6.52 NRC’s E-filing system. Requests for a and documents. The hearing request or percent interest in the facility held by hearing and petitions for leave to petition must provide sufficient the eight minority co-owners. The intervene should be filed in accordance information to show that a genuine remaining 1.70 percent is held by with the Commission’s rules of practice dispute exists with the applicant on a Seminole Electric Cooperative, Inc. set forth in Subpart C ‘‘Rules of General material issue of law or fact, including No physical changes to Crystal River Applicability: Hearing Requests, references to specific portions of the Nuclear Generating Plant, Unit 3, or Petitions to Intervene, Availability of application for amendment that the operational changes are being proposed Documents, Selection of Specific petitioner disputes and the supporting in the application. Hearing Procedures, Presiding Officer reasons for each dispute. If the The NRC’s regulations at 10 CFR Powers, and General Hearing requestor/petitioner believes that the 50.80 state that no license, or any right Management for NRC Adjudicatory application for amendment fails to thereunder, shall be transferred, directly Hearings,’’ of 10 CFR part 2. In contain information on a relevant matter or indirectly, through transfer of control particular, such requests and petitions as required by law, the requestor/ of the license, unless the Commission must comply with the requirements set petitioner must identify each failure and gives its consent in writing. The forth in 10 CFR 2.309, which is the supporting reasons for the Commission will approve an available at the NRC’s PDR, located at requestor’s/petitioner’s belief. Each application for the direct transfer of a O1F21, 11555 Rockville Pike (first contention must be one which, if license if the Commission determines floor), Rockville, Maryland 20852. The proven, would entitle the requestor/ that the proposed transferee is qualified NRC’s regulations are accessible petitioner to relief. A requestor/ to hold the license, and that the transfer electronically from the NRC Library on petitioner who does not satisfy these
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requirements for at least one contention make a limited appearance are If a participant is electronically will not be permitted to participate as a requested to inform the Secretary of the submitting a document to the NRC in party. Commission by June 29, 2015. accordance with the E-Filing rule, the Those permitted to intervene become participant must file the document V. Electronic Submissions (E-Filing) parties to the proceeding, subject to any using the NRC’s online, Web-based limitations in the order granting leave to All documents filed in NRC submission form. In order to serve intervene, and have the opportunity to adjudicatory proceedings, including a documents through the Electronic participate fully in the conduct of the request for hearing, a petition for leave Information Exchange System, users hearing with respect to resolution of to intervene, any motion or other will be required to install a Web that person’s admitted contentions, document filed in the proceeding prior browser plug-in from the NRC’s Web including the opportunity to present to the submission of a request for site. Further information on the Web- evidence and to submit a cross- hearing or petition to intervene, and based submission form, including the examination plan for cross-examination documents filed by interested installation of the Web browser plug-in, of witnesses, consistent with NRC governmental entities participating is available on the NRC’s public Web regulations, policies, and procedures. under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/e- The Atomic Safety and Licensing Board accordance with the NRC’s E-Filing rule submittals.html. will set the time and place for any (72 FR 49139; August 28, 2007). The E- Once a participant has obtained a prehearing conferences and evidentiary Filing process requires participants to digital ID certificate and a docket has hearings, and the appropriate notices submit and serve all adjudicatory been created, the participant can then will be provided. documents over the internet, or in some submit a request for hearing or petition Requests for hearing, petitions for cases to mail copies on electronic for leave to intervene. Submissions leave to intervene, and motions for leave storage media. Participants may not should be in Portable Document Format to file contentions after the deadline in submit paper copies of their filings (PDF) in accordance with NRC guidance 10 CFR 2.309(b) will not be entertained unless they seek an exemption in available on the NRC’s public Web site absent a determination by the presiding accordance with the procedures at http://www.nrc.gov/site-help/e- officer that the new or amended filing described below. submittals.html. A filing is considered demonstrates good cause by satisfying To comply with the procedural complete at the time the documents are the three factors in 10 CFR 2.309(c)(1). requirements of E-Filing, at least ten 10 submitted through the NRC’s E-Filing A State, local governmental body, days prior to the filing deadline, the system. To be timely, an electronic Federally-recognized Indian tribe, or participant should contact the Office of filing must be submitted to the E-Filing agency thereof may submit a petition to the Secretary by email at system no later than 11:59 p.m. Eastern the Commission to participate as a party [email protected], or by telephone Time on the due date. Upon receipt of under 10 CFR 2.309(h)(1). The petition at 301–415–1677, to request (1) a digital a transmission, the E-Filing system should state the nature and extent of the identification (ID) certificate, which time-stamps the document and sends petitioner’s interest in the proceeding. allows the participant (or its counsel or the submitter an email notice The petition should be submitted to the representative) to digitally sign confirming receipt of the document. The Commission by May 18, 2015. The documents and access the E-Submittal E-Filing system also distributes an email petition must be filed in accordance server for any proceeding in which it is notice that provides access to the with the filing instructions in section IV participating; and (2) advise the document to the NRC’s Office of the of this document, and should meet the Secretary that the participant will be General Counsel and any others who requirements for petitions for leave to submitting a request or petition for have advised the Office of the Secretary intervene set forth in this section, hearing (even in instances in which the that they wish to participate in the except that under section 2.309(h)(2) a participant, or its counsel or proceeding, so that the filer need not State, local governmental body, or representative, already holds an NRC- serve the documents on those Federally-recognized Indian tribe, or issued digital ID certificate). Based upon participants separately. Therefore, agency thereof does not need to address this information, the Secretary will applicants and other participants (or the standing requirements in 10 CFR establish an electronic docket for the their counsel or representative) must 2.309(d) if the facility is located within hearing in this proceeding if the apply for and receive a digital ID its boundaries. A State, local Secretary has not already established an certificate before a hearing request/ governmental body, Federally- electronic docket. petition to intervene is filed so that they recognized Indian tribe, or agency Information about applying for a can obtain access to the document via thereof may also have the opportunity to digital ID certificate is available on the the E-Filing system. participate under 10 CFR 2.315(c). NRC’s public Web site at http:// A person filing electronically using If a hearing is granted, any person www.nrc.gov/site-help/e-submittals/ the NRC’s adjudicatory E-Filing system who does not wish, or is not qualified, getting-started.html. System may seek assistance by contacting the to become a party to the proceeding requirements for accessing the E- NRC Meta System Help Desk through may, in the discretion of the presiding Submittal server are detailed in the the ‘‘Contact Us’’ link located on the officer, be permitted to make a limited NRC’s ‘‘Guidance for Electronic NRC’s public Web site at http:// appearance pursuant to the provisions Submission,’’ which is available on the www.nrc.gov/site-help/e- of 10 CFR 2.315(a). A person making a agency’s public Web site at http:// submittals.html, by email to limited appearance may make an oral or www.nrc.gov/site-help/e- [email protected], or by a toll- written statement of position on the submittals.html. Participants may free call at 1–866–672–7640. The NRC issues, but may not otherwise attempt to use other software not listed Meta System Help Desk is available participate in the proceeding. A limited on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern appearance may be made at any session NRC’s E-Filing system does not support Time, Monday through Friday, of the hearing or at any prehearing unlisted software, and the NRC Meta excluding government holidays. conference, subject to the limits and System Help Desk will not be able to Participants who believe that they conditions as may be imposed by the offer assistance in using unlisted have a good cause for not submitting presiding officer. Persons desiring to software. documents electronically must file an
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exemption request, in accordance with November 7, 2014 (ADAMS Accession carrying out the responsibilities and 10 CFR 2.302(g), with their initial paper No. ML14321A450). functions listed in section 1(b) of the E. filing requesting authorization to Dated at Rockville, Maryland, this 22nd O. The meetings are open to the public. continue to submit documents in paper day of April 2015. Please contact the Office of Personnel format. Such filings must be submitted For the Nuclear Regulatory Commission. Management at the address shown by: (1) First class mail addressed to the Meena K. Khanna, below if you wish to present material to Office of the Secretary of the Chief, Plant Licensing IV–2 and the Council at the meeting. The manner Commission, U.S. Nuclear Regulatory Decommissioning Transition Branch, and time prescribed for presentations Commission, Washington, DC 20555– Division of Operating Reactor Licensing, may be limited, depending upon the 0001, Attention: Rulemaking and Office of Nuclear Reactor Regulation. number of parties that express interest Adjudications Staff; or (2) courier, [FR Doc. 2015–09907 Filed 4–27–15; 8:45 am] in presenting information. express mail, or expedited delivery BILLING CODE 7590–01–P FOR FURTHER INFORMATION CONTACT: Tim service to the Office of the Secretary, Curry, Deputy Associate Director for Sixteenth Floor, One White Flint North, Partnership and Labor Relations, Office 11555 Rockville Pike, Rockville, OFFICE OF PERSONNEL of Personnel Management, 1900 E Street Maryland 20852, Attention: Rulemaking MANAGEMENT NW., Room 7H28, Washington, DC and Adjudications Staff. Participants 20415. Phone (202) 606–2930 or email filing a document in this manner are National Council on Federal Labor- at [email protected]. responsible for serving the document on Management Relations Meeting For the National Council. all other participants. Filing is considered complete by first-class mail AGENCY: Office of Personnel Katherine Archuleta, as of the time of deposit in the mail, or Management. Director. by courier, express mail, or expedited ACTION: Notice of meeting. [FR Doc. 2015–09842 Filed 4–27–15; 8:45 am] delivery service upon depositing the BILLING CODE 6325–39–P SUMMARY: The National Council on document with the provider of the Federal Labor-Management Relations service. A presiding officer, having plans to meet on Wednesday, May 20, granted an exemption request from 2015. using E-Filing, may require a participant SECURITIES AND EXCHANGE The meeting will start at 10:00 a.m. COMMISSION or party to use E-Filing if the presiding EDT and will be held at the General officer subsequently determines that the Services Administration (GSA), 1800 F reason for granting the exemption from [Release No. 34–74783; File No. SR–BX– Street NW., Room 1459, Washington, 2015–021] use of E-Filing no longer exists. DC 20405. This is a change from the Documents submitted in adjudicatory previous location announced in a Self-Regulatory Organizations; Notice proceedings will appear in the NRC’s Federal Register notice published of Filing and Immediate Effectiveness electronic hearing docket which is February 2, 2015 at 80 FR 5589. of Proposed Rule Change by NASDAQ available to the public at http:// Interested parties should consult the OMX BX, Inc. Relating to NASDAQ ehd1.nrc.gov/ehd/, unless excluded Council Web site at www.lmrcouncil.gov OMX BX Equities Market Participant pursuant to an order of the Commission, for the latest information on Council Registration and Sponsored Access or the presiding officer. Participants are activities, including changes in meeting requested not to include personal logistics. April 22, 2015. privacy information, such as social The Council is an advisory body Pursuant to Section 19(b)(1) of the security numbers, home addresses, or composed of representatives of Federal Securities Exchange Act of 1934 home phone numbers in their filings, employee organizations, Federal (‘‘Act’’),1 and Rule 19b–4 thereunder,2 unless an NRC regulation or other law management organizations, and senior notice is hereby given that on April 16, requires submission of such Government officials. The Council was 2015, NASDAQ OMX BX, Inc. (‘‘BX’’ or information. However, a request to established by E. O. 13522, entitled, ‘‘Exchange’’) filed with the Securities intervene will require including ‘‘Creating Labor-Management Forums to and Exchange Commission (‘‘SEC’’ or information on local residence in order Improve Delivery of Government ‘‘Commission’’) the proposed rule to demonstrate a proximity assertion of Services,’’ which was signed by the change as described in Items I and II, interest in the proceeding. With respect President on December 9, 2009. Along below, which Items have been prepared to copyrighted works, except for limited with its other responsibilities, the by the Exchange. The Commission is excerpts that serve the purpose of the Council assists in the implementation of publishing this notice to solicit adjudicatory filings and would Labor Management Forums throughout comments on the proposed rule change constitute a Fair Use application, the Government and makes from interested persons. participants are requested not to include recommendations to the President on I. Self-Regulatory Organization’s copyrighted materials in their innovative ways to improve delivery of Statement of the Terms of Substance of submission. services and products to the public the Proposed Rule Change The Commission will issue a notice or while cutting costs and advancing order granting or denying a hearing employee interests. The Council is co- The Exchange proposes to amend request or intervention petition, chaired by the Director of the Office of Rule 4611, entitled ‘‘NASDAQ OMX BX designating the issues for any hearing Personnel Management and the Deputy Equities Market Participant that will be held and designating the Director for Management of the Office of Registration’’ and adopt a new Rule Presiding Officer. A notice granting a Management and Budget. 4615, entitled ‘‘Sponsored Participants.’’ hearing will be published in the Federal At its meetings, the Council will The Exchange requests that the Register and served on the parties to the continue its work in promoting Commission waive the 30-day operative hearing. cooperative and productive For further details with respect to this relationships between labor and 1 15 U.S.C. 78s(b)(1). application, see the application dated management in the executive branch, by 2 17 CFR 240.19b–4.
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delay period contained in Exchange Act not operate an options market. In 2012, By-Laws, Rules and procedures of the Rule 19b–4(f)(6)(iii).3 BX received approval to establish a new Exchange, the Sponsored Participant The text of the proposed rule change options market.4 At this time, the shall do so as if such Sponsored is available on the Exchange’s Web site Exchange intends to apply the Participant were an Exchange member. at http:// provisions of Rule 4611 to all of its The Sponsored Participant shall nasdaqomxbx.cchwallstreet.com, at the members similar to the NASDAQ Stock maintain, keep current and provide to principal office of the Exchange, and at Market LLC (‘‘Nasdaq’) Rule 4611.5 The the Sponsoring Member a list of the Commission’s Public Reference Exchange is removing all references to individuals authorized to obtain access Room. ‘‘Equities’’ in Rule 4611 and adding the to the Exchange on behalf of the word ‘‘BX,’’ where appropriate, to apply II. Self-Regulatory Organization’s Sponsored Participant. The Sponsored the Rule to all members of the Statement of the Purpose of, and Participant shall familiarize its Exchange, including equities and Statutory Basis for, the Proposed Rule authorized individuals with all of the options members. Change Sponsored Participant’s obligations The Exchange also proposes to under this Rule and will assure that In its filing with the Commission, the relocate the rule applicable to they receive appropriate training prior Exchange included statements Sponsored Participant from Rule to any use or access to the Exchange. concerning the purpose of and basis for 4611(d) to a new Rule 4615 to create a The Sponsored Participant may not the proposed rule change and discussed separate rule and apply the rule to both permit anyone other than authorized any comments it received on the equity and options members. Today, individuals to use or obtain access to proposed rule change. The text of these 4611(d) refers solely to equity members the Exchange.6 The Sponsored statements may be examined at the of the Exchange. The Exchange proposes Participant shall take reasonable places specified in Item IV below. The to title the new rule ‘‘Sponsored security precautions to prevent Exchange has prepared summaries, set Participants.’’ unauthorized use or access to the forth in sections A, B, and C below, of A Sponsored Participant is an entity Exchange, including unauthorized entry the most significant aspects of such with authorized electronic access to the of information into the Exchange, and statements. Exchange for the entry and execution of agrees that it is responsible for any and orders. A Sponsored Participant trades A. Self-Regulatory Organization’s all orders, trades and other messages under a Sponsoring Member’s execution and instructions entered, transmitted or Statement of the Purpose of, and and clearing identity pursuant to a received under identifiers, passwords Statutory Basis for, the Proposed Rule sponsorship arrangement. The rules and security codes of authorized Change continue to require the Sponsoring individuals, and for the trading and Member to take responsibility for the 1. Purpose other consequences thereof. The Sponsored Participant’s activity on the The purpose of the proposed rule Sponsored Participant acknowledges its Exchange. Similar to current Rule change is to amend Rule 4611, entitled responsibility to establish adequate 4611(d), the relocated rule text imposes ‘‘NASDAQ OMX BX Equities Market procedures and controls that permit it to the same responsibilities as the current Participant Registration’’ to: (i) Amend effectively monitor its employees’, rule for Sponsored Participants, except this rule, which today applies solely to agents’ and Participants’ use and access that members conducting an options members conducting an equities to the Exchange for compliance with the business on the Exchange will also have business on the Exchange, to apply to terms of this agreement. Finally, the the ability to offer Sponsored Access. the rule text to members conducting an By way of background, new Rule Sponsored Participant shall pay when options business on the Exchange; and 4615, similar to Rule 4611(d) continues due all amounts, if any, payable to (ii) delete 4611(d) pertaining to to require the following elements for the Sponsoring Member, the Exchange, or Sponsored Access and relocate the text Sponsored Access. First, the Sponsored any other third parties that arise from to new Rule 4615 and also apply the Participant and its Sponsoring Member the Sponsored Participant’s access to rule to members transacting an options must have entered into and maintained and use of the Exchange. Such amounts business. an Access Agreement with the include, but are not limited to Exchange Rule 4611 today applies Exchange. The Sponsoring Member applicable exchange and regulatory fees. solely to the BX Equities market. This must designate the Sponsored Third, the Sponsoring Member must rule explains the various conditions that Participant by name in an addendum to provide the Exchange with a Sponsored registration with the Exchange shall be the Access Agreement. Second, there Participant Addendum to its Access conditioned upon initially and then must be a Sponsored Participant Agreement acknowledging its subsequently imposing a continuing Agreement between the Sponsoring responsibility for the orders, executions obligation to comply with the Member and the Sponsored Participant and actions of its Sponsored Participant requirements. The requirements include that contains certain sponsorship at issue. a relationship with a clearing agency, provisions, enumerated in full in Rule The Exchange would apply the compliance with Rules and procedures 4615(b)(ii). The orders of the Sponsored Sponsored Participant rule to members for use of the Trading System, rules Participant are binding in all respects on concerning equipment usage, and conducting an options business on the the Sponsoring Member. The Exchange. Today the rule applies solely compliance with rules regarding the Sponsoring Member is responsible for acceptance and settlement of a trade. to members conducting an equities the actions of the Sponsored Participant. business on the Exchange. The Rule 4611 requires reporting of In addition to the Sponsoring Member noncompliance by the member and Exchange intends to offer sponsored being required to comply with the access in the same manner as NASDAQ permits the Exchange to impose Exchange Certificate of Incorporation, temporary restrictions to address a system problem. At the time this rule 6 If the Exchange determines that an authorized 4 See Securities Exchange Act Release No. 67256 individual has caused a Member to violate the was adopted in 2008 the Exchange did (Jun 26, 2012), 77 FR 39277 (July 2, 2012) (SR–BX– Exchange’s Rules, the Exchange could direct the 2012–030). Member to suspend or withdraw the person’s status 3 17 CFR 240.19b–4(f)(6)(iii). 5 See Nasdaq Rule 4611(d). as an authorized individual.
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to members conducting an options and with the Section 6(b)(5) requirement C. Self-Regulatory Organization’s an equities business.7 that the rules of a national securities Statement on Comments on the The Exchange is removing all exchange be designed to not permit Proposed Rule Change Received From references to ‘‘Equities’’ in Rule 4611 unfair discrimination between Members, Participants, or Others and adding the word ‘‘BX,’’ where customer, issuers, brokers or dealers.12 appropriate, to apply the Rule to all No written comments were either New Rule 4615 continues to make clear solicited or received. members of the Exchange, equities and the obligations of the Sponsoring options members. Members. III. Date of Effectiveness of the 2. Statutory Basis Proposed Rule Change and Timing for The Exchange believes that the Commission Action The Exchange believes that its changes proposed herein should serve proposal is consistent with Section 6(b) to help market participants seeking Because the foregoing proposed rule of the Act 8 in general, and furthers the access to its marketplace. The Exchange change does not significantly affect the objectives of Section 6(b)(5) of the Act 9 believes that proposed Rule 4615, protection of investors or the public in particular, in that it is designed to similar to current Rule 4611(d), allows interest; does not impose any significant promote just and equitable principles of the Exchange to receive from burden on competition; and by its terms trade, to remove impediments to and Sponsoring Members certain does not become operative for 30 days from the date on which it was filed, or perfect the mechanism of a free and information in a uniform format, which such shorter time as the Commission open market and a national market aids the Exchange’s efforts to monitor may designate, it has become effective system, and, in general to protect and regulate BX’s markets and its pursuant to Section 19(b)(3)(A) 13 of the investors and the public interest, by members and aids the prevention of Act and Rule 19b–4(f)(6) thereunder.14 continuing to permit market fraudulent and manipulative practices. participants gain access to a At any time within 60 days of the marketplace. Specifically, the Exchange The Exchange believes that the filing of the proposed rule change, the believes the proposed rule change is proposed rule change is designed to Commission summarily may consistent with the Section 6(b)(5) avoid unfair discrimination among temporarily suspend such rule change if requirements that the rules of an members, as the proposed rule change it appears to the Commission that such exchange be designed to promote just provides for the Exchange to impose action is necessary or appropriate in the and equitable principles of trade, to requirements on members in an public interest, for the protection of prevent fraudulent and manipulative objective manner. The proposed investors, or otherwise in furtherance of acts, to foster cooperation and amendments extend the requirements in the purposes of the Act. If the coordination with persons engaged in Rule 4611 and the access in new Rule Commission takes such action, the regulating, clearing, settling, processing 4615 to both equity and options Commission shall institute proceedings information with respect to, and members. Finally, the proposed rule to determine whether the proposed rule facilitating transactions in securities, to change will help remove impediments change should be approved or remove impediments to and to perfect to and promote a free and open market disapproved. the mechanism for a free and open and a national market system because it IV. Solicitation of Comments market and a national market system, is consistent with rules in place at other and, in general, to protect investors and exchanges and imposes substantially Interested persons are invited to the public interest.10 similar requirements on its members. submit written data, views, and With respect to Rule 4611, the arguments concerning the foregoing, proposed amendments would permit B. Self-Regulatory Organization’s including whether the proposed rule the Rule to be equally applicable to all Statement on Burden on Competition change is consistent with the Act. members of the Exchange, equity and Comments may be submitted by any of The Exchange does not believe that options. Today, the rule applies solely the following methods: the proposed rule change will impose to equity members. The Exchange any burden on competition that is not Electronic Comments intends to offer uniform access and permit members conducting an equities necessary or appropriate in furtherance • Use the Commission’s Internet and options business on the Exchange to of the purposes of the Act. Rule 4611 comment form (http://www.sec.gov/ similarly offer Sponsored Access as is obligations would apply uniformly to rules/sro.shtml); or the case today on the Nasdaq market both equity and options members. • Send an email to rule- with new Rule 4615.11 Similarly, the Similarly, new Rule 4615 will treat all [email protected]. Please include File Exchange intends to impose equal members, equity and options members, Number SR–BX–2015–021 on the obligations for accessing the System on in a uniform fashion. The proposed rule subject line. change seeks to provide clear guidelines members conducting either an equities Paper Comments or an options business with revised Rule on the responsibilities of all parties that 4611. The Exchange believes that provide Sponsored Access as well as the • Send paper comments in triplicate applying these rules in a uniform responsibilities owed by Sponsored to Brent J. Fields, Secretary, Securities manner to all members (equity and Members. The proposed rule is similar and Exchange Commission, 100 F Street options) would result in uniform to other exchange rules. NE., Washington, DC 20549–1090. application of Exchange rules. The proposed rule change does not Additionally, the Exchange believes impose any undue burden on 13 15 U.S.C. 78s(b)(3)(A). the proposed rule changes are consistent 14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– competition, rather it seeks to uniformly 4(f)(6) requires a self-regulatory organization to give apply both Rule 4611 and new Rule the Commission written notice of its intent to file 7 See Nasdaq Rule 4611(d). 4615 to all members, equity and the proposed rule change at least five business days 8 15 U.S.C. 78f(b). options. prior to the date of filing of the proposed rule 9 15 U.S.C. 78f(b)(5). change, or such shorter time as designated by the 10 Id. Commission. The Exchange has satisfied this 11 See Nasdaq Rule 4611(d). 12 Id. requirement.
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All submissions should refer to File and Exchange Commission SECURITIES AND EXCHANGE Number SR–BX–2015–021. This file (‘‘Commission’’), pursuant to Section COMMISSION number should be included on the 19(b)(1) of the Securities Exchange Act [Release No. 34–74794; File No. 600–34] subject line if email is used. To help the of 1934 (‘‘Act’’) 1 and Rule 19b–4 Commission process and review your thereunder,2 a proposed rule change to Self-Regulatory Organizations; SS&C comments more efficiently, please use amend the Exchange’s rules relating to Technologies, Inc.; Notice of Filing of only one method. The Commission will equipment and communication devices Application for Exemption From post all comments on the Commission’s used on the Exchange’s trading floor. Registration as a Clearing Agency Internet Web site (http://www.sec.gov/ The proposed rule change was rules/sro.shtml). Copies of the published for comment in the Federal April 23, 2015. submission, all subsequent Register on March 10, 2015.3 The I. Introduction amendments, all written statements Commission received no comment On April 15, 2013, SS&C with respect to the proposed rule letters on this proposal. Technologies, Inc. (‘‘SS&C’’) filed with change that are filed with the 4 Commission, and all written Section 19(b)(2) of the Act provides the Securities and Exchange communications relating to the that within 45 days of the publication of Commission (‘‘Commission’’) an proposed rule change between the notice of the filing of a proposed rule application on Form CA–1 for Commission and any person, other than change, or within such longer period up exemption from registration as a those that may be withheld from the to 90 days as the Commission may clearing agency pursuant to Section 17A public in accordance with the designate if it finds such longer period of the Securities Exchange Act of 1934 provisions of 5 U.S.C. 552, will be to be appropriate and publishes its (‘‘Exchange Act’’) and Rule 17Ab2–1 available for Web site viewing and reasons for so finding or as to which the thereunder. SS&C amended its printing in the Commission’s Public self-regulatory organization consents, application on August 12, 2013, Reference Room, 100 F Street NE., the Commission shall either approve the December 23, 2014, and March 30, 2015. Washington, DC 20549, on official proposed rule change, disapprove the SS&C is requesting an exemption from business days between the hours of proposed rule change, or institute clearing agency registration in 10:00 a.m. and 3:00 p.m. Copies of the proceedings to determine whether the connection with its proposal to offer an filing also will be available for proposed rule change should be electronic trade confirmation (‘‘ETC’’) inspection and copying at the principal disapproved. The 45th day for this filing service and a matching service. The office of the Exchange. All comments is April 24, 2015. Commission is publishing this notice in received will be posted without change; The Commission is extending the 45- order to solicit comments from interested persons on the exemption the Commission does not edit personal day time period for Commission action request.1 The Commission will consider identifying information from on the proposed rule change. The any comments it receives in making its submissions. You should submit only Commission finds that it is appropriate determination whether to grant SS&C’s information that you wish to make to designate a longer period within request for an exemption from clearing available publicly. All submissions which to take action on the proposed agency registration. should refer to File Number SR–BX– rule change so that it has sufficient time 2015–021 and should be submitted on to consider this proposed rule change. II. Background or before May 19, 2015. The proposed rule change would, A. SS&C Organization For the Commission, by the Division of among other things, eliminate the Trading and Markets, pursuant to delegated requirement for members to obtain SS&C was incorporated in the State of authority.15 approval from the Exchange before Delaware on March 29, 1996. SS&C’s Brent J. Fields, using any new communication device headquarters are in Windsor, Secretary. on the trading floor. Connecticut, with offices in 20 locations [FR Doc. 2015–09764 Filed 4–27–15; 8:45 am] across the United States. SS&C has Accordingly, the Commission, additional offices in Toronto and other BILLING CODE 8011–01–P pursuant to Section 19(b)(2) of the Act,5 locations throughout the world, and is designates June 8, 2015 as the date by a global provider of financial services- which the Commission should either SECURITIES AND EXCHANGE related solutions to investment approve or disapprove, or institute COMMISSION management, banking, and other proceedings to determine whether to financial sector clients. All control and [Release No. 34–74786; File No. SR–CBOE– disapprove, the proposed rule change direction over SS&C is vested in SS&C 2015–022] (File No. SR–CBOE–2015–022). Technologies Holdings, Inc., SS&C’s parent company and a public holding Self-Regulatory Organizations; For the Commission, by the Division of company listed on NASDAQ (symbol Chicago Board Options Exchange, Trading and Markets, pursuant to delegated 6 SSNC).2 Incorporated; Notice of Designation of authority. Brent J. Fields, SS&C proposes to provide ETC a Longer Period for Commission services and matching services for fixed- Action on Proposed Rule Change Secretary. income and equity trades as described Related to Equipment and [FR Doc. 2015–09766 Filed 4–27–15; 8:45 am] Communication on the Exchange’s BILLING CODE 8011–01–P 1 The descriptions set forth in this notice Trading Floor regarding the structure and operations of SS&C have been largely derived from information contained in 1 15 U.S.C. 78s(b)(1). April 22, 2015. SS&C’s amended Form CA–1 application and 2 On February 20, 2015, the Chicago 17 CFR 240.19b–4. publicly available sources. The application and 3 See Securities Exchange Act Release No. 74438 Board Options Exchange, Incorporated non-confidential exhibits thereto are available on (March 4, 2015), 80 FR 12671. the Commission’s Web site. (‘‘Exchange’’) filed with the Securities 4 15 U.S.C. 78s(b)(2). 2 See Form CA–1 at p. 111 (Exhibit C, providing 5 15 U.S.C. 78s(b)(2). a graphic description of SS&C’s organizational 15 17 CFR 200.30–3(a)(12). 6 17 CFR 200.30–3(a)(31). structure).
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in its Form CA–1 application. An record is granted. Further, SS&C has providing independent matching overview of SS&C’s proposed matching confirmed with external counsel that services must either register with the service is presented in Part III below. implementation of the intercompany Commission as a clearing agency or All matching service activities would be agreement would not violate the obtain an exemption from registration performed by SS&C’s subsidiary, SS&C Canadian Personal Information pursuant to Section 17A of the Technologies Canada Corp. (‘‘SS&C Protection and Electronic Documents Exchange Act and Rule 17Ab2–1 Canada’’). The policies and operations Act or the Ontario Business Records thereunder.9 In 2001, the Commission of SS&C Canada are overseen by its Protection Act.3 This would allow for granted an exemption from registration officers and directors, and are subject to the disclosure of personal information as a clearing agency to Omgeo, a control by SS&C’s parent, SS&C by SS&C Canada to SS&C (U.S.). subsidiary of The Depository Trust and Technologies Holdings, Inc. SS&C SS&C’s directors and officers maintain Clearing Corporation (‘‘DTCC’’) and Canada will perform the matching direct control over SS&C and will Thomson Financial, to conduct ETC and services in Mississauga, Canada, oversee the business of SS&C’s proposed matching services.10 SS&C has applied through its software-enabled service, matching service. The board of directors for a similar exemption from registration SSCNet, which is a global trade network includes a standing audit committee as a clearing agency to provide ETC and linking investment managers, broker- and, from time to time, special matching services. dealers, clearing agencies, custodians, committees formed to address specific 4 III. SS&C’s Proposed Matching Service and interested parties. Client support for issues. SS&C is owned principally by these services will be rendered through public shareholders, including William In its application for exemption from SS&C’s offices in the United States, the C. Stone, who controls approximately registration as a clearing agency, SS&C United Kingdom, and Australia. SS&C 20% of the shares and has indirect states it will provide ETC and matching will coordinate support activity, which control of SS&C.5 services for broker-dealers and includes help desk facilities and call B. Matching as a Clearing Agency institutional customers that will allow and issue tracking through a shared Function such entities to streamline client call database, and relationship communications and process allocation On April 6, 1998, the Commission management. SS&C and SS&C Canada and post-trade information for fixed- issued an interpretive release regarding will maintain an intercompany income and equity trades for depository matching services 6 (the ‘‘Matching agreement setting forth respective eligible U.S. securities.11 According to Release’’).7 In the Matching Release, the services and obligations. SS&C, users of its services will gain Commission concluded that matching access to a matching utility that is In addition to the conditions set forth constitutes a clearing agency function, in this notice, SS&C has made the affordable, flexible in handling either specifically the ‘‘comparison of data part or all of the trade matching cycle, following representations regarding its respecting the terms of settlement of and easily interfaced with other operations: (i) SS&C shall obtain securities transactions,’’ within the matching utilities. Its matching service contractual commitments from its meaning of Section 3(a)(23)(A) of the allows users to route an order to a customers permitting it to provide Exchange Act.8 Therefore, any person information to the Ontario Securities broker, receive an execution notice from the broker, and enter trade details and Commission, the Commission, and other 3 As the draft intercompany agreement is third parties; (ii) SS&C shall make governed by Connecticut law, and as external allocations so that SS&C’s matching available SS&C Canada employees in counsel are not qualified to practice in Connecticut, service can generate a matched Canada or the United States for in providing these opinions they have assumed that confirmation and send an affirmed the provisions of the Agreement have the same confirmation to the depository at the interview by the Commission subject to meaning under Connecticut law as they would reasonable notice, provided that such under Ontario and Canadian law. Depository Trust Company (‘‘DTC’’)— action does not impose unreasonable 4 For example, SS&C maintains an Information the full lifecycle of a trade. Security Policy as well as a Confidentiality and SS&C’s matching service will offer hardship under applicable immigration Privacy Policy to ensure customer information is law on such employees; (iii) as set forth both block level matching and detail protected. The SS&C Board of Directors and 12 in the intercompany agreement, SS&C executive officers are ultimately responsible for level matching. The block level shall provide the Commission access to Information Security. The Vice President of matching, also known as trade level information related to SS&C’s matching Security coordinates the Information Security matching, is an optional first step that activities within SS&C. requires a broker-dealer to submit a final system and ETC services, including 5 See Form CA–1 at p. 112 (Exhibit D). cumulative notice of execution (‘‘NOE’’) those documents it receives from its 6 The term ‘‘matching service’’ as used here service provider, SS&C Canada (the means an electronic service to centrally match trade information between a broker-dealer and its the Exchange Act to any clearing agency that may ‘‘Business Activities Information’’); (iv) be required to register with the Commission solely SS&C Canada shall provide on the same institutional customer. 7 See Confirmation and Affirmation of Securities as a result of providing Collateral Management business day to SS&C at its headquarters Trades; Matching, Exchange Act Release No. 34– Services, Trade Matching Services, Tear Up and in Windsor, Connecticut electronically 39829 (Apr. 6, 1998), 63 FR 17943 (Apr. 13, 1998). Compression Services, and/or substantially similar services for security-based swaps’’). The order 8 In addition, on July 1, 2011, the Commission generated Business Activities facilitated the Commission’s identification of published a conditional temporary exemption from Information, in whatever form SS&C entities that operate in that area and that clearing agency registration for entities that perform accordingly may fall within the clearing agency shall specify, including regularly and for security-based swap transactions certain post- definition. automatically generated and ad hoc trade processing services, including matching 9 reports, books and records, services. See Exchange Act Release No. 34–64796 See 15 U.S.C. 78q–1 and 17 CFR 240.17Ab2–1. 10 correspondence, memoranda, papers, (Jul. 1, 2011), 76 FR 39963 (Jul. 7, 2011) (providing See Global Joint Venture Matching Services— an exemption from registration under Section US, LLC; Order Granting Exemption From notices, accounts and other such 17A(b) of the Exchange Act, and stating that ‘‘[t]he Registration as a Clearing Agency, Exchange Act records; and (v) SS&C Canada shall send Commission is using its authority under section 36 Release No. 34–44188 (Apr. 17, 2001), 66 FR 20494 to SS&C at its headquarters in Windsor, of the Exchange Act to provide a conditional (Apr. 23, 2001) (‘‘Omgeo Exemptive Order’’). On Connecticut all manually generated temporary exemption, until the compliance date for July 24, 2013, DTCC announced that it had entered the final rules relating to registration of clearing into an agreement with Thomson Financial to Business Activities Information, in agencies that clear security-based swaps pursuant to acquire full ownership of Omgeo. whatever form SS&C shall specify, no sections 17A(i) and (j) of the Exchange Act, from 11 See Form CA–1 at p. 129 (Exhibit S). later than the business day on which the the registration requirement in section 17A(b)(1) of 12 See id. at p. 118 (Exhibit J).
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on the trade date, which will be direct members of SS&C’s network During that time, SS&C states that it has matched against the aggregated totals of SSCNet once the trade enters the maintained open interoperability the corresponding allocations submitted network, or after the match. If a conditions and has provided the on the trade date by the investment custodian is responsible for affirming a assurance to participants and regulators manager.13 During import of the trade trade, it can be released to them abroad of a secure, reliable service.19 Its data, the matching service validates key immediately. SSCNet utility offers a post-trade, pre- fields, and if errors are found, the trade Standing instructions are provided settlement ETC and affirmation service is placed in a reprocess queue and through the Delivery Instruction for all constituents in the institutional displayed within a reprocess blotter to Database (‘‘DIDB’’), which is fully trade process, including investment allow for manual data correction or integrated into SSCNet, and provides a managers, broker-dealers, custodians, resubmission. The matching service will repository for settlement instructions and other interested parties.20 allow the investment manager and the across asset classes, including foreign In sum, SS&C believes that users of its broker-dealer to configure a match exchange and term deposits. Rather than service in the United States will ‘‘gain agreement to determine whether to requiring users to attach instructions to access to a matching utility that is require block level matching, which portfolios directly, or maintaining affordable, a utility that will strengthen instrument types are eligible for block portfolios within the DIDB, a cross- the industry-wide business continuity level matching, and which fields are referencing mechanism is used to efforts in the institutional trading area eligible as well. For example, the ensure portfolios are synchronized with and will allow users to choose the best the proper set of instructions. In counterparties may choose to match matching process for their purposes.’’ 21 addition, local cross-referencing allows proceeds based on gross or net amounts. SS&C also believes that the flexibility each user to maintain its own set of The investment manager is allowed to offered by its SSCNet service ‘‘will currency codes, transaction type set tolerances against certain fields allow easy interfacing with other identifiers, counterparty codes, and (such as accrued, commission, fees, matching utilities and therefore offer portfolio identifiers, ensuring that the price, or settlement amount) on either market participants a greater choice in responsibility for maintenance rests an actual or percentage basis, and if the selecting their matching provider.’’ 22 details submitted by the broker-dealer with each user.15 SSCNet is also fall within the accepted tolerance range, integrated into the Society for B. Conditions to Exemption From the details are deemed to be accepted by Worldwide Interbank Financial Registration the investment manager. SS&C’s Telecommunication (‘‘SWIFT’’) matching service considers all matches Network, allowing users to SS&C represents in its Form CA–1 within tolerance to be partially communicate with parties outside the that it would comply with the list of matched, with exact matches to be fully SSCNet platform.16 For example, some conditions found below regarding its matched, and matches outside of the users desire receiving transactions from operations and interoperability with 23 tolerance (or submitted details without a batch facility, rather than SSCNet’s other matching providers. The a corresponding entry by the real-time message system. Users can Commission preliminarily believes that counterparty) to be unmatched. select the output format for batch the conditions are important tools to Detail level matching occurs either at communications (SSCNet proprietary, facilitate effective systems once or after the block level matching SWIFT, ISITC, or DTC affirmation interoperability. By establishing a process is complete. Upon receipt of an format), as well as when the batch framework that allows the customers of allocation, a broker-dealer can generate should be submitted. Once a transaction multiple service providers to conduct a confirmation for delivery to the is exported from SSCNet, it is marked in transactions without having to join each investment manager and capture within the audit trail. matching provider, the Commission SS&C’s matching service. The Finally, central time stamping and a preliminarily believes that the confirmation is subject to validation of full audit trail are available for all interoperability conditions help its key fields, and any errors are transactions, with transaction histories returned to the broker-dealer through a maintained online for a minimum of 45 19 See id. at p. 129 (Exhibit S). reprocess blotter. Like the block level days and accessible in an online archive 20 See id. at p. 118 (Exhibit J). matching process, the detail level for up to 10 years.17 21 See id. at p. 129 (Exhibit S). matching process allows the investment Other than the above matching 22 See id. service, SS&C’s Form CA–1 application 23 See id. In addition, on November 19, 2014, the manager to determine which fields must Commission adopted Regulation Systems be matched, and within what tolerance indicates that it will not perform any Compliance and Integrity (‘‘Reg SCI’’), which would such matches should be set. The same other functions of a clearing agency require ‘‘SCI entities’’ to comply with requirements partially matched, exact match and requiring registration under Section 17A for policies and procedures with respect to their of the Exchange Act,18 such as net automated systems that support the performance of unmatched results apply to the detail their regulated activities. See Exchange Act Release level matching process as they do in the settlement, maintaining a balance of No. 34–73639 (Nov. 19, 2014), 79 FR 72251, 72271 block level matching process. However, open positions between buyers and (Dec. 5, 2014). Rule 1000(a) of Reg SCI would define because additional time is required to sellers, marking securities to the market, an ‘‘SCI entity’’ to include, among other things, a prepare and submit allocations or or handling funds or securities. registered clearing agency and an exempt clearing agency subject to the Commission’s Automation confirmations, there is a ‘‘Waiting to be IV. SS&C’s Request for an Exemption Review Policies (‘‘ARP’’). In particular, the term Matched’’ period that can be established ‘‘exempt clearing agency subject to ARP’’ includes by the investment manager, which A. Introduction ‘‘an entity that has received from the Commission allows trades to be matched within this an exemption from registration as a clearing agency In its Form CA–1 application, SS&C under Section 17A of the Exchange Act, and whose period (approximately thirty minutes), notes that it has engaged in ETC and exemption contains conditions that relate to the with other trades appearing as settlement services for over 20 years. Commission’s [ARP] Policies, or any Commission unmatched.14 Trades can be released to regulation that supersedes or replaces such policies.’’ The Commission notes that the below custodian or interested parties that are 15 See id. at p. 119 (Exhibit J). conditions would meet the definition described in 16 See id. Rule 1000(a) of Reg SCI, requiring an exempt 13 See id. 17 See id. clearing agency subject to ARP to meet the 14 See id. 18 See id. at p. 118 (Exhibit J). applicable requirements set forth in Reg SCI.
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facilitate the linking of clearance and to SS&C’s matching service and the ETC communicate with all end-user clients settlement facilities.24 service. of all matching services, regardless of (6) SS&C shall supply the which matching service completes trade C.1. Operational Conditions Commission or its designee with matching prior to settlement. (1) Before beginning the commercial periodic reports regarding the (3) If any intellectual property operation of its matching service, SS&C affirmation rates for institutional proprietary to SS&C is necessary to shall provide the Commission with an transactions effected by institutional develop, build, and operate links or audit report that addresses all the areas investors that utilize its matching interfaces to SS&C’s matching service, discussed in the Commission’s service and ETC service.26 as described in these conditions, SS&C Automation Review Policies (‘‘ARP’’).25 (7) SS&C shall preserve a copy or shall license such intellectual property (2) SS&C shall provide the record of all trade details, allocation to other matching services seeking Commission with annual reports and instructions, central trade matching linkage to SS&C on fair and reasonable any associated field work prepared by results, reports and notices sent to terms for use in such links or interfaces. competent, independent audit customers, service agreements, reports (4) SS&C shall not engage in any personnel that are generated in regarding affirmation rates that are sent activity inconsistent with the purposes accordance with the annual risk to the Commission or its designee, and of Section 17A(a)(2) of the Exchange 27 assessment of the areas set forth in the any complaint received from a Act, which section seeks the ARP. SS&C shall provide the customer, all of which pertain to the establishment of linked or coordinated Commission (beginning in its first year operation of its matching service and facilities for clearance and settlement of of operation) with annual audited ETC service. SS&C shall retain these transactions. In particular, SS&C will financial statements prepared by records for a period of not less than five not engage in activities that would competent independent audit years, the first two years in an easily prevent any other matching service from personnel. accessible place. operating a matching service that it has (3) SS&C shall report all significant (8) SS&C shall not perform any developed independently from SS&C’s systems outages to the Commission. If it clearing agency function (such as net matching service. appears that the outage may extend for (5) SS&C shall support industry settlement, maintaining a balance of thirty minutes or longer, SS&C shall standards in each of the following open positions between buyers and report the systems outage immediately. categories: Communication protocols sellers, or marking securities to the If it appears that the outage will be (e.g., TCP/IP, SNA); message and file market) other than as permitted in an resolved in less than thirty minutes, transfer protocols and software (e.g., exemption issued by the Commission. SS&C shall report the systems outage FIX, WebSphere MQ, SWIFT); message (9) Before beginning the commercial within a reasonable time after the outage format standards (e.g., FIX); and operation of its matching service, SS&C has been resolved. message languages and metadata (e.g., shall provide the Commission with (4) SS&C shall provide the XML). However, SS&C need not support copies of the intercompany agreement Commission with 20 business days all existing industry standards or those advance notice of any material changes between SS&C and SS&C Canada and listed above by means of example. that SS&C makes to the matching shall notify the Commission of any Within three months of regulatory service or ETC service. These changes material changes to the service approval, SS&C shall make publicly will not require the Commission’s agreement. known those standards supported by approval before they are implemented. C.2. Interoperability Conditions SS&C’s matching service. To the extent (5) SS&C shall respond and require its that SS&C decides to support other (1) SS&C shall develop, in a timely service providers to respond to requests industry standards, including new and and efficient manner, fair and from the Commission for additional modified standards, SS&C shall make reasonable linkages between SS&C’s information relating to the matching these standards publicly known upon matching service and other matching service and ETC service, and provide making such decision or within three access to the Commission to conduct services that are registered with the months of updating its system to on-site inspections of all facilities Commission or that receive or have support such new standards, whichever (including automated systems and received from the Commission an is sooner. Any translation to/from these systems environment), records, and exemption from clearing agency published standards necessary to personnel related to the matching registration that, at a minimum, allow communicate with SS&C’s system shall service and the ETC service. The parties to trades that are processed be performed by SS&C without any requests for information shall be made through one or more matching services significant delay or service degradation and the inspections shall be conducted to communicate through one or more of the linked parties’ services. solely for the purpose of reviewing the appropriate effective interfaces with (6) SS&C shall make all reasonable matching service’s and the ETC service’s other matching services. efforts to link with each other matching operations and compliance with the (2) SS&C shall devise and develop service in a timely and efficient manner, federal securities laws and the terms interfaces with other matching services as specified below. Upon written and conditions in any exemptive order that enable end-user clients or any request, SS&C shall negotiate with each issued by the Commission with respect service that represents end-user clients other matching service to develop and to SS&C (‘‘end-user representative’’) to build an interface that allows the two to 24 See 15 U.S.C. 78q–1(a)(1)(D). gain a single point of access to SS&C link matching services (‘‘interface’’). 25 See Exchange Act Release Nos. 34–27445 (Nov. and other matching services. Such SS&C shall involve neutral industry 16, 1989), 54 FR 48703 (Nov. 24, 1989) (‘‘ARP I’’), interfaces must link with each other participants in all negotiations to build and 34–29185 (May 9, 1991), 56 FR 22490 (May 15, matching service so that an end-user 1991) (‘‘ARP II’’); see also Memorandum from the or develop interfaces and, to the extent Securities and Exchange Commission Division of client of one matching service can feasible, incorporate input from such Market Regulation to SROs and NASDAQ (June 1, participants in determining the 2001) (‘‘Guidance for Systems Outages and System 26 DTC submits monthly affirmation/confirmation Change Notifications’’), available at http:// reports to the appropriate self-regulatory specifications and architecture of such www.sec.gov/divisions/marketreg/sro-guidance-for- organizations. The Commission anticipates a systems-outage-06-01-2001.pdf. similar schedule for SS&C. 27 15 U.S.C. 78q–1(a)(2)(A)(ii).
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interfaces. Absent adequate business or within 20 days of receiving a request for and reasonable interface charges: (i) The technological justification,28 SS&C and such specifications and commercial variable cost incurred for forwarding the requesting other matching service rules. Such specifications shall contain trade and account information to other shall conclude negotiations and reach a all the information necessary to enable matching services; (ii) the average cost binding agreement to develop and build any other matching services not already associated with the development of an interface within 120 calendar days of linked to SS&C through an interface to links to end-users and end-user SS&C’s receipt of the written request. establish a linkage with SS&C through representatives; and (iii) SS&C’s This 120-day period may be extended an interface or a substantially similar interface charges to other matching upon the written agreement of both interface. SS&C shall link to any other services. (B) The following factors shall SS&C and the other matching service matching service, if the other matching not be considered in determining fair engaged in negotiations. For each other service so opts, through an interface and reasonable interface charges: (i) The matching service with whom SS&C substantially similar to any interface respective cost incurred by SS&C or the reaches a binding agreement to develop and its corresponding commercial rules other matching service in creating and and build an interface, SS&C shall begin that SS&C is currently operating. SS&C maintaining interfaces; (ii) the value operating such interface within 90 days shall begin operating such substantially that SS&C or the other matching service of reaching a binding agreement and similar interface and commercial rules contributes to the relationship; (iii) the receiving all the information necessary with the other matching service within opportunity cost associated with the to develop and operate it. This 90-day 90 days of receiving all the information loss of profits to SS&C that may result period may be extended upon the necessary to operate that link. This 90- from competition from other matching written agreement of both SS&C and the day period may be extended upon the services; (iv) the cost of building, other matching service. For each written agreement of both SS&C and the maintaining, or upgrading SS&C’s interface and within the same time other matching service that plans to use matching service; or (v) the cost of SS&C must negotiate and begin that link. building, maintaining, or upgrading operating each interface, SS&C and the (8) SS&C and respective other value added services to SS&C’s other matching service shall agree to matching services shall bear their own matching service. (C) In any event, the ‘‘commercial rules’’ for coordinating the costs of building and maintaining an interface charges shall not be set at a provision of matching services through interface, unless otherwise negotiated level that unreasonably deters entry or their respective interfaces, including by the parties. otherwise diminishes price or non-price commercial rules: (A) Allocating (9) SS&C shall provide to all other competition with SS&C by other responsibility for performing matching matching services and end-user matching services. services; and (B) allocating liability for representatives that maintain linkages (13) SS&C shall not charge its service failures. SS&C shall also involve with SS&C sufficient advance notice of customers more for use of its matching neutral industry participants in any material changes, updates, or service when one or more negotiating applicable commercial rules revisions to its interfaces to allow all counterparties are customers of other and, to the extent feasible, take input parties who link to SS&C through matching services than SS&C charges its from such participants into account in affected interfaces to modify their customers for use of its matching service agreeing to commercial rules. At a systems as necessary and avoid system when all counterparties are customers of minimum, each interface shall enable downtime, interruption, or system SS&C. SS&C shall not charge customers SS&C and the other matching service to degradation. any additional amount for forwarding to transfer between them all trade and (10) SS&C and each other matching or receiving trade and account account information necessary to fulfill service shall negotiate fair and information from other matching their respective matching reasonable charges and terms of services called for under applicable responsibilities as set forth in their payment for the use of their interface commercial rules. commercial rules (‘‘trade and account with respect to the sharing of trade and (14) SS&C shall maintain its quality, information’’). Absent an adequate account information (‘‘interface capacity, and service levels in the business or technological justification, charges’’). In any fee schedule adopted interfaces with other matching services SS&C shall develop and operate each under conditions C.2(10), C.2(11), or (‘‘matching services linkages’’) without interface without imposing conditions C.2(12) herein, SS&C’s interface charges bias in performance relative to similar that negatively impact the other shall be equal to the interface charges of transactions processed completely matching service’s ability to innovate its the respective other matching service. within SS&C’s service. SS&C shall matching service or develop and offer (11) If SS&C and the other matching preserve and maintain all raw data and other value-added services relating to its service cannot reach agreement on fair records necessary to prepare reports matching service or that negatively and reasonable interface charges within tabulating separately the processing and impact the other matching service’s 60 days of receipt of the written request, response times on a trade-by-trade basis ability to compete effectively against SS&C and the other matching service for (A) completing its matching service SS&C. shall submit to binding arbitration when all counterparties are customers of (7) In order to facilitate fair and under the rules promulgated by the SS&C; (B) completing its matching reasonable linkages between SS&C and American Arbitration Association. The service when one or more other matching services, SS&C shall arbitration panel shall have 60 days to counterparties are customers of other publish or make available to any other establish a fee schedule. The arbitration matching services; or (C) forwarding matching service the specifications for panel’s establishment of a fee schedule trade information to other matching any interface and its corresponding shall be binding on SS&C and the other services called for under applicable commercial rules that are in operation matching service unless and until the commercial rules. SS&C shall retain the fee schedule is subsequently modified data and records for a period not less 28 The failure of neutral industry participants to or abrogated by the Commission or than six years. Sufficient information be available or to submit their input within the 120 SS&C and the other matching service shall be maintained to demonstrate that day or 90 day time periods set forth in this the requirements of condition C.2(15) paragraph shall not constitute an adequate business mutually agree to renegotiate. or technological justification for failing to adhere to (12)(A) The following parameters below are being met. SS&C and its the requirements set forth in this paragraph. shall be considered in determining fair service providers shall provide the
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Commission with reports regarding the the Commission with reports every six also states that, upon its own motion or time it takes SS&C to process trades and months sufficient to document SS&C’s upon a clearing agency’s application, forward information under various adherence to the obligations relating to the Commission may conditionally or circumstances within 30 days of the interfaces set forth in conditions C.2(6) unconditionally exempt said clearing Commission’s request for such reports. through C.2(13) and C.2(16) above. agency from any provisions of Section However, SS&C shall not be responsible SS&C shall incorporate into such reports 17A or the rules or regulations for identifying the specific cause of any information including but not limited to thereunder if the Commission finds that delay in performing its matching service (A) all other matching services linked to such exemption is consistent with the where the fault for such delay is not SS&C; (B) the time, effort, and cost public interest, the protection of attributable to SS&C. required to establish each link between investors, and the purposes of Section (15) SS&C shall process trades or SS&C and other matching services; (C) 17A, including the prompt and accurate facilitate the processing of trades by any proposed links between SS&C and clearance and settlement of securities other matching services on a first-in- other matching services as well as the transactions and the safeguarding of time priority basis. For example, if status of such proposed links; (D) any securities and funds. SS&C receives trade and account failure or inability to establish such In the Matching Release, the information that SS&C is required to proposed links or fee schedules for Commission stated that an entity that forward to other matching services interface charges; (E) any written limited its clearing agency functions to under applicable commercial rules complaint received from other matching providing matching services might not (‘‘pass-through information’’) prior to services relating to its established or have to be subject to the full range of receiving trade and account information proposed links with SS&C; and (F) if clearing agency regulation. The from SS&C’s customers necessary to SS&C failed to adhere to any of the Matching Release stated that the provide matching services for a trade in obligations relating to interfaces set Commission anticipated that an entity which all parties are customers of SS&C forth in conditions C.2(6) through seeking an exemption from clearing (‘‘intra-hub information’’), SS&C shall C.2(13) and C.2(16) above, its agency registration for matching would forward the pass-through information to explanation for such failure. The be required to: (1) Provide the the designated other matching service Commission shall treat information Commission with information on its prior to processing the intra-hub submitted in accordance with this matching services and notice of material information. If, on the other hand, the condition as confidential, non-public changes to its matching services; (2) information were to come in the reverse information, subject to the provisions of establish an electronic link to a order, SS&C shall process the intra-hub applicable law. If any other matching registered clearing agency that provides information before forwarding the pass- service seeks to link with SS&C more for the settlement of its matched trades; through information. than five years after issuance of an (3) allow the Commission to inspect its (16) SS&C shall sell access to its exemptive order issued by the facilities and records; and (4) make databases, systems or methodologies for Commission with respect to SS&C’s periodic disclosures to the Commission transmitting settlement instructions matching service, SS&C shall notify the regarding its operations. (including settlement instructions from In 2001, the Commission approved an Commission of the other matching investment managers, broker-dealers, application by Omgeo, then a joint service’s request to link with SS&C and custodian banks) and/or venture between DTCC and Thomson within ten days of receiving such transmitting trade and account Financial, for an exemption from request. In addition, SS&C shall provide information to and receiving registration as a clearing agency to reports to the Commission in authorization responses from settlement provide matching services.30 Omgeo’s accordance with this paragraph agents on fair and reasonable terms to exemption from clearing agency commencing six months after the initial other matching services and end-user registration was subject to conditions request for linkage is made until one representatives. Such access shall that were substantially similar to the year after SS&C and the other matching permit other matching services and end- conditions set forth in Part IV.C above. user representatives to draw information service begin operating their interface. from those databases, systems, and The Commission reserves the right to B. SS&C’s Compliance With Statutory methodologies for transmitting request reports from SS&C at any time. Standards settlement instructions and/or SS&C shall provide the Commission SS&C’s matching service would be the transmitting trade and account with such updated reports within thirty only clearing agency function that it information to and receiving days of the Commission’s request. would perform under an exemptive authorization responses from settlement (18) SS&C shall also publish or make order. SS&C believes that the agents for use in their own matching available upon request to any end-user undertakings it has proposed as a services or end-user representatives’ representative the necessary condition of obtaining an exemption services. The links necessary for other specifications, protocols, and from clearing agency registration are matching services and end-user architecture of any interface created by consistent with the public interest, the representatives to access SS&C’s SS&C for any end-user representative. protection of investors, and the databases, systems or methodologies for V. Statutory Standards purposes of Section 17A of the transmitting settlement instructions Exchange Act. and/or transmitting trade and account A. Statutory Process for Registering or SS&C represents in its Form CA–1 information to and receiving Exempting Clearing Agencies that it will comply with all of the authorization responses from settlement Section 17A(b)(1) of the Exchange Act conditions described in Part IV.C above. agents will comply with conditions requires all clearing agencies to register Preliminarily, the Commission does not C.2(3), C.2(5), C.2(9), C.2(14) and C.2(15) with the Commission before performing believe, however, that SS&C, in the above. any of the functions of a clearing absence of performing the functions of (17) For the first five years from the agency.29 However, Section 17A(b)(1) a clearing agency other than the date of an exemptive order issued by the matching service described here, raises Commission with respect to SS&C’s 29 See 15 U.S.C. 78q–1(b) and 17 CFR 240.17Ab2– matching service, SS&C shall provide 1. 30 See supra note 10.
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the same concerns as an entity that appropriate in furtherance of the agency registration? Why or why not? performs a wider range of clearing purposes of Section 17A of the Should the proposed condition to agency functions. For example, SS&C Exchange Act. develop an interface with another would not be operating as a self- VI. Solicitation of Comments matching service provider be made regulatory organization with the powers mandatory, rather than only upon to enforce its rules against its members. Interested persons are invited to request from another provider? Accordingly, the Commission submit written data, views, and preliminarily believes it may not be arguments concerning the foregoing, 8. Would the links and interfaces with necessary to require SS&C to satisfy all including whether the proposed other matching services as described in of the standards for registrants under exemption is consistent with the public SS&C’s application have a positive or Section 17A of the Exchange Act interest, the protection of investors, and negative effect on end-user clients of all because the proposed conditions should the purposes of Section 17A of the matching services, regardless of which establish a sufficiently robust regulatory Exchange Act. To the extent possible, matching service completes trade framework. Further, the Commission commenters are requested to provide matching prior to settlement? Why or preliminarily believes that granting empirical data and other factual support why not? SS&C an exemption from registration as for their views. In addition, the Comments may be submitted by any a clearing agency would be consistent Commission seeks comment generally of the following methods: with the Commission’s past practice, on the following issues: and that additional matching service 1. In light of the passage of time since Electronic Comments the adoption of the Omgeo Exemptive providers should promote innovation • and reduce costs for investors. Order, developments in technology and Use the Commission’s Internet In evaluating SS&C’s application, the enhancements in market practices, are comment form (http://www.sec.gov/ Commission intends to consider the proposed conditions to the rules/proposed.shtml); or whether SS&C is so organized and has exemptive order appropriate? • Send an email to rule-comments@ the capacity to be able to facilitate Specifically, are all of the conditions sec.gov. Please include File Number prompt and accurate matching services. designed to facilitate interoperability 600–34 on the subject line; or Subject to the specific operational, necessary? Could the Commission interoperability and access conditions to continue to promote the purposes of Paper Comments which it has agreed, the Commission Section 17A of the Exchange Act by • preliminarily believes this to be the additional modification or elimination Send paper comments in triplicate case. Because the service is flexible in of some or all of the conditions? If so, to Brent J. Fields, Secretary, Securities handling part or all of the trade which conditions should be modified or and Exchange Commission, 100 F Street matching cycle, SS&C states that its eliminated? NE., Washington, DC 20549–1090. All proposed service ‘‘will allow easy 2. What, if any, effect will moving submissions should refer to File interfacing with other matching utilities from a single provider to two or more Number 600–34. and therefore offer market participants a providers have on the efficiency of the To help us process and review your greater choice in selecting their trade settlement process? comments more efficiently, please use matching provider.’’ SS&C also states 3. What, if any, impact will the only one method. The Commission will that the proposed matching service will introduction of a second provider have post all comments on the Commission’s provide improved and automated on pricing, quality of service, and Internet Web site (http://www.sec.gov/ verification which eliminates obstacles innovation? rules/other.shtml). to settlement as well as losses created by 4. Will the introduction of one or input and data errors, and further states more additional providers increase or Copies of the submission, all that its proposed matching service will reduce risk in the marketplace? subsequent amendments, all written strengthen industry-wide business 5. Does SS&C’s application for statements with respect to the continuity efforts in the institutional exemption from registration help application that are filed with the trading space.31 SS&C believes that achieve the underlying policy objectives Commission, and all written market participants seek flexibility and of the Exchange Act? Why or why not? communications relating to the choice in selecting their matching In particular, please address whether application between the Commission provider and the resulting granting an exemption from registration and any person, other than those that improvements to reliability and stability does or does not further the goals of may be withheld from the public in in the post-trade space would flow from promoting investor protection and the accordance with the provisions of 5 its service offering. integrity of the securities markets. U.S.C. 552, will be available for Web The Commission requests comment 6. Are the proposed conditions to the site viewing and printing in the exemptive order sufficient to promote on whether the conditions are sufficient Commission’s Public Reference Section, to promote the purposes of Section 17A the purposes of Section 17A of the 100 F Street NE., Washington, DC 20549 of the Exchange Act and to allow the Exchange Act and to allow the Commission to adequately monitor the Commission to adequately monitor the on official business days between the effects of SS&C’s proposed activities on effects of SS&C’s proposed activities on hours of 10:00 a.m. and 3:00 p.m. the national system for the clearance the national system for the clearance All comments received will be posted and settlement of securities and settlement of securities without change; the Commission does transactions. In addition, the transactions? Why or why not? not edit personal identifying Commission invites commenters to 7. Would the links and interfaces with information from submissions. You address whether granting SS&C an other matching services as described in should submit only information that exemption from clearing agency SS&C’s application have a positive or you wish to make available publicly. All negative effect on other matching registration would impose any burden submissions should refer to File services that are registered with the on competition that is not necessary or Number 600–34 and should be Commission or that receive from the submitted on or before May 28, 2015. 31 See Form CA–1 at p. 129 (Exhibit S). Commission an exemption from clearing
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For the Commission by the Division of Exchange Commission, 100 F Street NE., Commission (‘‘SEC’’ or ‘‘Commission’’) Trading and Markets, pursuant to delegated Washington, DC 20549–1090. the proposed rule change as described authority.32 All submissions should refer to File No. in Items I and II, below, which Items Brent J. Fields, 265–29. This file number should be have been prepared by NASDAQ. The Secretary. included on the subject line if email is Commission is publishing this notice to [FR Doc. 2015–09841 Filed 4–27–15; 8:45 am] used. To help us process and review solicit comments on the proposed rule BILLING CODE 8011–01–P your statement more efficiently, please change from interested persons. use only one method. The Commission will post all statements on the I. Self-Regulatory Organization’s SECURITIES AND EXCHANGE Commission’s Internet Web site at Statement of the Terms of Substance of COMMISSION (http://www.sec.gov/comments/265–29/ the Proposed Rule Change NASDAQ proposes to amend Rule [Release No. 34–74793; File No. 265–29] 265–29.shtml). Statements also will be available for 4611, entitled ‘‘Nasdaq Market Center Equity Market Structure Advisory Web site viewing and printing in the Participant Registration’’ and adopt a Committee Commission’s Public Reference Room, new Rule 4615, entitled ‘‘Sponsored 100 F Street NE., Room 1580, Participants.’’ AGENCY: Securities and Exchange Washington, DC 20549, on official The text of the proposed rule Commission. business days between the hours of change is available on the Exchange’s ACTION: Notice of Meeting. 10:00 a.m. and 3:00 p.m. All statements Web site at http:// received will be posted without change; www.nasdaq.cchwallstreet.com, at the SUMMARY: The Securities and Exchange we do not edit personal identifying principal office of the Exchange, and at Commission Equity Market Structure information from submissions. You the Commission’s Public Reference Advisory Committee is providing notice should submit only information that Room. that it will hold a public meeting on you wish to make available publicly. Wednesday, May 13, 2015, in Multi- II. Self-Regulatory Organization’s FOR FURTHER INFORMATION CONTACT: Purpose Room LL–006 at the Statement of the Purpose of, and Arisa Tinaves Kettig, Special Counsel, at Commission’s headquarters, 100 F Statutory Basis for, the Proposed Rule (202) 551–5676, Division of Trading and Street NE., Washington, DC The meeting Change Markets, Securities and Exchange will begin at 9:30 a.m. (EDT) and will Commission, 100 F Street NE., In its filing with the Commission, the be open to the public, except for a Washington, DC 20549–7010. Exchange included statements period of approximately 90 minutes concerning the purpose of and basis for SUPPLEMENTARY INFORMATION: In when the Committee will meet in an the proposed rule change and discussed accordance with section 10(a) of the administrative work session during any comments it received on the Federal Advisory Committee Act, 5 lunch. The public portions of the proposed rule change. The text of these U.S.C.-App. 1, and the regulations meeting will be webcast on the statements may be examined at the thereunder, Stephen Luparello, Commission’s Web site at www.sec.gov. places specified in Item IV below. The Designated Federal Officer of the Persons needing special Exchange has prepared summaries, set Committee, has ordered publication of accommodations to take part because of forth in sections A, B, and C below, of this notice. a disability should notify the contact the most significant aspects of such person listed below. The public is Dated: April 23, 2015. statements. invited to submit written statements to Brent J. Fields, A. Self-Regulatory Organization’s the Committee. The agenda for the Committee Management Officer. meeting was announced on April 17, Statement of the Purpose of, and [FR Doc. 2015–09792 Filed 4–27–15; 8:45 am] Statutory Basis for, the Proposed Rule 2015 and will focus on Rule 611 of SEC BILLING CODE 8011–01–P Regulation NMS. Change DATES: The public meeting will be held 1. Purpose on Wednesday, May 13, 2015. Written SECURITIES AND EXCHANGE The purpose of the proposed rule statements should be received on or COMMISSION change is to amend Rule 4611, entitled before May 11, 2015. [Release No. 34–74784; File No. SR– ‘‘Nasdaq Market Center Participant ADDRESSES: The meeting will be held at NASDAQ–2015–034] Registration’’ to relocate 4611(d), the Commission’s headquarters, 100 F pertaining to Sponsored Access, to a Street NE., Washington, DC. Written Self-Regulatory Organizations; The new Rule 4615, entitled ‘‘Sponsored statements may be submitted by any of NASDAQ Stock Market LLC; Notice of Participants,’’ and adopt rule text the following methods: Filing and Immediate Effectiveness of similar to other exchanges.3 The Proposed Rule Change Relating to Electronic Statements Exchange does not believe that this NASDAQ Market Center Participant • proposed rule change will impact Use the Commission’s Internet Registration and Sponsored Access market participants currently accessing submission form (http://www.sec.gov/ the System pursuant to Rule 4611. rules/other.shtml); or April 22, 2015. On January 13, 2010, the Commission • Pursuant to Section 19(b)(1) of the Send an email message to rule- approved the Exchange’s current rule.4 [email protected]. Please include File Securities Exchange Act of 1934 1 2 Number 265–29 on the subject line; or (‘‘Act’’), and Rule 19b–4 thereunder, 3 The proposed rule text is similar to NASDAQ notice is hereby given that on April 20, Paper Statements OMX PHLX LLC (‘‘Phlx’’) Rule 1094, the 2015, The NASDAQ Stock Market LLC International Securities Exchange LLC (‘‘ISE’’) Rule • Send paper statements to Brent J. (‘‘NASDAQ’’ or ‘‘Exchange’’) filed with 706, the Chicago Board Options Exchange Fields, Federal Advisory Committee Incorporated (‘‘CBOE’’) Rule 6.20A and NYSE the Securities and Exchange ARCA, Inc. (‘‘NYSE Arca’’) Rule 7.29. Management Officer, Securities and 4 Securities Exchange Act Release No. 61345 1 15 U.S.C. 78s(b)(1). (January 13, 2010), 75 FR 3263 (January 20, 2010) 32 17 CFR 200.30–3(a)(16). 2 17 CFR 240.19b–4. Continued
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On November 3, 2010, the Commission The Exchange intends to remove 5 in addition to relevant exchange adopted Rule 15c3–5 which governs risk current Rule 4611(d) and adopt a new provisions where they are members. management controls by broker-dealers Rule 4515 with provisions related to The rule text is the current Rule with market access.5 At this time, the Sponsored Access similar to that of 4611(d)(3) requires a Sponsoring Exchange proposes to modify its current other exchanges.6 The new proposed Member that provides Sponsored rule to conform the rule text to that of rule text similarly permits members Access to execute and maintain other exchanges. Specifically, this conducting, either an equity or options agreements with each Sponsored proposed rule change would conform business, to permit authorized access to Participant containing the commitments rule text related to Sponsored Access by the Exchange by Sponsored Participants noted in Rule 4611(d)(3)(i) through (v). eliminating provisions already covered provided they enter into a Sponsored The proposed rule would require the by 15c3–5. The current rule applies to Participant Agreement with the Sponsored Participant to enter into and members conducting either an equities Exchange. Similar to current Rule maintain customer agreements with one or an options business. 4611(d), the Sponsored Participant and or more Sponsoring Members A Sponsored Participant is an entity its Sponsoring Member must enter into establishing proper relationship(s) and with authorized electronic access to the and maintain an agreement whereby the account(s) through which the Sponsored Exchange for the entry and execution of Sponsoring Member would continue to Participant may trade on the Nasdaq orders. A Sponsored Participant trades be responsible for orders entered into Market Center in accordance with under a Sponsoring Member’s execution the System by the Sponsored Participant provisions set forth in Rule 4615(b)(ii). and clearing identity pursuant to a as well as all actions taken by the In addition, proposed Rule sponsorship arrangement. The proposed Sponsored Participant. The Sponsored 4615(b)(ii)(D) requires the Sponsored rule continues to require the Sponsoring Member shall continue to be bound to Participant to maintain, keep current Member to take responsibility for the comply with Exchange’ governance and provide to the Sponsoring Member Sponsored Participant’s activity on the documents, Bylaws, Rules and a list of individuals authorized to obtain Exchange. procedures. The Sponsored Participant access to the Nasdaq Market Center on Today, Nasdaq Rule 4611 provides is required to provide a list of behalf of the Sponsored Participant. that members that enter into an individuals authorized to access the This list of authorized persons is not arrangement with another person or Nasdaq Market Center on behalf of the required under the current rules. entity to provide that person with access Sponsored Participant and provide 2. Statutory Basis to Nasdaq or otherwise allow such training to these individuals. The person to route its orders to Nasdaq Sponsored Member must continue to The Exchange believes that its using the member’s market participant restrict access to unauthorized persons, proposal is consistent with Section 6(b) identifier, to provide such access are take reasonable security precautions to of the Act 8 responsible for all trading conducted in general, and furthers the prevent unauthorized access, have in objectives of Section 6(b)(5) of the Act 9 pursuant to that arrangement to the place adequate procedures and controls same extent as trading directly in particular, in that it is designed to to monitor use and access to the Nasdaq promote just and equitable principles of conducted by the member for Stock Market and pay fees that are customers. Consequently, the member is trade, to remove impediments to and owed. The Sponsoring Member must perfect the mechanism of a free and responsible for implementing policies provide the Exchange with Notice of and procedures for supervising and open market and a national market Consent acknowledging its system, and, in general to protect monitoring trading effected pursuant to responsibility for the orders, executions the arrangement to ensure that it is in investors and the public interest, by and actions of its Sponsored Participant continuing to permit market compliance with all applicable federal at issue. The requirements specified securities laws and rules and Exchange participants gain access to a with new Rule 4615(d), other than the marketplace. Specifically, the Exchange rules. A Sponsoring Member is required list of individuals and the Notice of to execute and maintain agreements believes the proposed rule change is Consent, are currently required today in consistent with the Section 6(b)(5) with each Sponsored Participants and Rule 4611. The Exchange’s new Rule commit to various Regulatory requirements that the rules of an requires a list of individuals and the exchange be designed to promote just requirements and provided access to consent that were previously not book and records and financial and equitable principles of trade, to required by Rule. The rule text of prevent fraudulent and manipulative information. Financial limits are current Rule 4611(d), pertaining to imposed on Sponsored Participants. acts, to foster cooperation and financial and regulatory controls, is coordination with persons engaged in Requirements are specified with respect being removed. Members continue to be to permissible technology. Other regulating, clearing, settling, processing obligated to adhere to financial and information with respect to, and arrangements with Third Party regulatory controls as specified in Rule Providers must also be documented and facilitating transactions in securities, to 15c3–5. New Rule 4615 specifies the remove impediments to and to perfect contain the commitments specified in obligations of Sponsoring Members and Rule 4611(d)(3)(B). Rule 4611(d)(4) the mechanism for a free and open Sponsoring Participants relative to market and a national market system, specified financial controls to monitor accessing the Nasdaq Market Center. and control the Sponsored Access to and, in general, to protect investors and This new rule is consistent with rules of 10 limit financial exposure. Rule 4611(d)(5) the public interest. Additionally, the other exchanges.7 Market participants specifies regulatory control to Exchange believes the proposed rule are required to comply with Rule 15c3– effectively monitor and control change is consistent with the Section compliance with Regulatory 6(b)(5) requirement that the rules of a 6 Requirements. The proposed rule text is similar to NASDAQ national securities exchange be OMX PHLX LLC (‘‘Phlx’’) Rule 1094, the designed to not permit unfair International Securities Exchange LLC (‘‘ISE’’) Rule (SR–NASDAQ–2008–104) (‘‘NASDAQ Sponsored 706, the Chicago Board Options Exchange Access Approval Order’’). Incorporated (‘‘CBOE’’) Rule 6.20A and NYSE 8 15 U.S.C. 78f(b). 5 Securities Exchange Act Release No. 63241, 75 ARCA, Inc. (‘‘NYSE Arca’’) Rule 7.29. 9 15 U.S.C. 78f(b)(5). FR 69792 (November 15, 2010). 7 Id. 10 15 U.S.C. 78f(b)(5).
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discrimination between customer, of Sponsoring Members that provide • Send an email to rule- issuers, brokers or dealers.11 Sponsored Access as well as the [email protected]. Please include File The Commission adopted Rule 15c3– responsibilities owed by Sponsoring Number SR–NASDAQ–2015–034 on the 5 under the Act, which, among other Members, with respect to Sponsored subject line. things, requires broker-dealers Participants, to the Exchange. providing others with access to an The proposed rule change does not Paper Comments exchange or alternative trading system impose any undue burden on • Send paper comments in triplicate to establish, document, and maintain a competition, rather it seeks to enable to Brent J. Fields, Secretary, Securities system of risk management controls and market participants to gain access to the and Exchange Commission, 100 F Street supervisory procedures reasonably marketplace. NE., Washington, DC 20549–1090. designed to manage the financial, C. Self-Regulatory Organization’s regulatory, and other risks of providing Statement on Comments on the All submissions should refer to File 12 such access. Rule 15c3–5 requires Proposed Rule Change Received From Number SR–NASDAQ–2015–034. This members to have in place certain pre- Members, Participants, or Others file number should be included on the trade risk controls filters for sponsored subject line if email is used. To help the orders, prior to those order being sent to No written comments were either solicited or received. Commission process and review your the Exchange to ensure that regulatory comments more efficiently, please use and financial risk controls. Pursuant to III. Date of Effectiveness of the only one method. The Commission will Rule 15c3–5, broker-dealers with market Proposed Rule Change and Timing for post all comments on the Commission’s access are obligated to establish, Commission Action Internet Web site (http://www.sec.gov/ document, and maintain a system of risk Because the foregoing proposed rule rules/sro.shtml). Copies of the management controls and supervisory change does not: (i) significantly affect submission, all subsequent procedures reasonably designed to the protection of investors or the public amendments, all written statements manage financial, regulatory, and other interest; (ii) impose any significant with respect to the proposed rule risks of this business activity. burden on competition; and (iii) become The Exchange believes that the change that are filed with the operative for 30 days from the date on Commission, and all written changes proposed herein should which it was filed, or such shorter time continue to offer market participants communications relating to the as the Commission may designate, it has proposed rule change between the access to its marketplace. The Exchange become effective pursuant to Section Commission and any person, other than believes that proposed Rule 4615 19(b)(3)(A) of the Act 13 and those that may be withheld from the continues to require members to provide subparagraph (f)(6) of Rule 19b–4 requisite information concerning thereunder.14 public in accordance with the sponsored arrangements, which aids the At any time within 60 days of the provisions of 5 U.S.C. 552, will be Exchange’s efforts to monitor and filing of the proposed rule change, the available for Web site viewing and regulate Nasdaq’s markets and aids the Commission summarily may printing in the Commission’s Public prevention of fraudulent and temporarily suspend such rule change if Reference Room, 100 F Street NE., manipulative practices. it appears to the Commission that such Washington, DC 20549, on official The Exchange believes that the action is necessary or appropriate in the business days between the hours of proposed rule change is designed to public interest, for the protection of 10:00 a.m. and 3:00 p.m. Copies of the avoid unfair discrimination among investors, or otherwise in furtherance of filing will also be available for members, as the proposed rule change the purposes of the Act. If the inspection and copying at the principal provides for the Exchange to impose Commission takes such action, the office of the Exchange. All comments requirements on members in an Commission shall institute proceedings received will be posted without change; objective manner. Finally, the proposed to determine whether the proposed rule the Commission does not edit personal rule change will help remove change should be approved or identifying information from impediments to and promote a free and disapproved. submissions. You should submit only open market and a national market system because it is consistent with IV. Solicitation of Comments information that you wish to make available publicly. All submissions rules in place at other exchanges and Interested persons are invited to imposes similar requirements on its submit written data, views, and should refer to File Number SR– members. arguments concerning the foregoing, NASDAQ–2015–034 and should be submitted on or before May 19, 2015. B. Self-Regulatory Organization’s including whether the proposed rule Statement on Burden on Competition change is consistent with the Act. For the Commission, by the Division of Comments may be submitted by any of Trading and Markets, pursuant to delegated The Exchange does not believe that the following methods: authority.15 the proposed rule change will impose Brent J. Fields, any burden on competition that is not Electronic Comments necessary or appropriate in furtherance • Use the Commission’s Internet Secretary. of the purposes of the Act. The comment form (http://www.sec.gov/ [FR Doc. 2015–09765 Filed 4–27–15; 8:45 am] proposed rule for Sponsored Access will rules/sro.shtml); or BILLING CODE 8011–01–P continue to treat all members, equity and options, in a uniform fashion. The 13 15 U.S.C. 78s(b)(3)(A). proposed rule change seeks to provide 14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– clear guidelines on the responsibilities 4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days 11 Id. prior to the date of filing of the proposed rule 12 See Securities Exchange Act Release No. 63241 change, or such shorter time as designated by the (November 3, 2010), 75 FR 69792 (November 15, Commission. The Exchange has satisfied this 2010). requirement. 15 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE WisdomTree Asset Management, Inc. such as bonds and notes; 8 and (ii) other COMMISSION will be the investment adviser debt obligations and certain derivatives (‘‘Adviser’’) to the Fund, and Western and other instruments based on Debt [Release No. 34–74780; File No. SR– NASDAQ–2015–012] Asset Management Company will serve Instruments or currency, each as as sub-adviser (‘‘Sub-Adviser’’). State described below. Under normal market Self-Regulatory Organizations; The Street Bank and Trust Company will conditions,9 the Fund intends to invest NASDAQ Stock Market LLC; Order serve as the administrator, custodian, at least 80% of its net assets in Debt Granting Approval of Proposed Rule and transfer agent for the Trust, and Instruments (but not more than 35% of Change, as Modified by Amendment ALPS Distributors, Inc. will serve as the Fund assets in derivatives that are Debt No. 1 Thereto, Relating to the Listing distributor. Instruments). and Trading of the Shares of the The Exchange represents that neither Specifically, the Fund intends to WisdomTree Western Unconstrained the Adviser nor Sub-Adviser is invest in the following Debt Bond Fund of the WisdomTree Trust registered as, or is affiliated with, a Instruments: (1) Instruments broker-dealer.6 The Exchange also denominated in U.S. dollars or local April 22, 2015. represents that the Shares will be currencies; (2) securities or other debt I. Introduction subject to Nasdaq Rule 5735, which sets obligations issued by corporations or forth the initial and continued listing agencies that may receive financial On February 18, 2015, The NASDAQ support or backing from local Stock Market LLC (‘‘Nasdaq’’ or criteria applicable to Managed Fund Shares, and that for initial and government; (3) securities or other debt ‘‘Exchange’’) filed with the Securities obligations issued by supranational continued listing, the Fund must be in and Exchange Commission organizations, such as the European compliance with Rule 10A–3 under the (‘‘Commission’’), pursuant to Section Investment Bank, International Bank for Act.7 19(b)(1) of the Securities Exchange Act Reconstructions and Development, the of 1934 (‘‘Act’’) 1 and Rule 19b–4 The Exchange has made the following International Finance Corporation, or thereunder,2 a proposed rule change to representations and statements in other regional development banks; (4) list and trade the shares (‘‘Shares’’) of describing the Fund and its investment ‘‘Government securities,’’ as defined in the WisdomTree Western strategy, including, among other things, Section 3(a)(42) of the Act Unconstrained Bond Fund (‘‘Fund’’) portfolio holdings and investment (‘‘Government Securities’’); (5) under Nasdaq Rule 5735. The proposed restrictions. securities issued or guaranteed by non- rule change was published for comment A. The Exchange’s Description of the U.S. governments, agencies, and in the Federal Register on March 11, Principal Investments of the Fund instrumentalities; (6) municipal 2015.3 On March 18, 2015, the Exchange securities (including taxable and tax- filed Amendment No. 1 to the proposed According to the Exchange, the Fund exempt municipal securities), as defined rule change.4 The Commission received seeks to provide a high level of total in Section 3(a)(29) of the Act; (7) no comments on the proposal. This return consisting of both income and ‘‘Putable’’ bonds (bonds that give the order grants approval of the proposed capital appreciation. The Fund intends holder the right to sell the bond to the rule change, as modified by Amendment to achieve its investment objective issuer prior to the bond’s maturity), No. 1 thereto. through direct and indirect investments when the put date is within a 24 month in ‘‘Debt Instruments,’’ which will II. Description of the Proposed Rule period; and ‘‘busted’’ convertible include: (i) Fixed income securities, Change securities (convertible securities that are trading well below their conversion The Exchange proposes to list and under the Securities Act of 1933 (‘‘Securities Act’’) values minimizing the likelihood that trade Shares of the Fund under Nasdaq and the Investment Company Act of 1940 (‘‘1940 they will ever reach their convertible Rule 5735, which governs the listing Act’’) (File Nos. 333–132380 and 811–21864). The prices prior to maturity); (8) loan Exchange also represents that the Trust has and trading of Managed Fund Shares on 10 obtained an order from the Commission granting participation notes; (9) zero-coupon the Exchange. The Shares will be certain exemptive relief under the 1940 Act offered by the WisdomTree Trust (‘‘Exemptive Order’’). In compliance with Nasdaq 8 The Fund may invest in fixed income securities (‘‘Trust’’), which is registered with the Rule 5735(b)(5), which applies to Managed Fund that have variable or floating interest rates which Commission as an investment company Shares based on an international or global portfolio, are readjusted on set dates (such as the last day of the Trust’s application for exemptive relief under the month or calendar quarter) in the case of and has filed a registration statement on the 1940 Act states that the Fund will comply with variable rates or whenever a specified interest rate Form N–1A (‘‘Registration Statement’’) the federal securities laws in accepting securities change occurs in the case of a floating rate with the Commission on behalf of the for deposits and satisfying redemptions with instrument. Variable or floating interest rates Fund.5 redemption securities, including that the securities generally reduce changes in the market price of accepted for deposits and the securities used to securities from their original purchase price satisfy redemption requests are sold in transactions because, upon readjustment, such rates 1 15 U.S.C. 78s(b)(1). that would be exempt from registration under the approximate market rates. Accordingly, as interest 2 17 CFR 240.19b–4. Securities Act. rates decrease or increase, the potential for capital 3 See Securities Exchange Act Release No. 74448 6 See Nasdaq Rule 5735(g). The Exchange states appreciation or depreciation is less for variable or (Mar. 5, 2015), 80 FR 12832 (‘‘Notice’’). that, in the event (a) the Adviser or the Sub-Adviser floating rate securities than for fixed rate 4 In Amendment No. 1 to the proposed rule becomes newly affiliated with a broker-dealer or obligations. change, the Exchange clarified the use of the registers as a broker-dealer, or (b) any new adviser 9 The term ‘‘under normal market conditions’’ defined terms ‘‘Debt Instruments’’ and ‘‘Money or sub-adviser is a registered broker-dealer or includes, but is not limited to, the absence of Market Securities,’’ and removed certain technical becomes affiliated with a broker-dealer, the extreme volatility or trading halts in the fixed redundancies. Because Amendment No. 1 to the Adviser, the Sub-Adviser, or any new adviser or income markets or the financial markets generally; proposed rule change seeks to make certain sub-adviser, as the case may be, will implement a operational issues causing dissemination of clarifications and technical corrections, and does fire wall with respect to its relevant personnel or inaccurate market information; or force majeure not materially affect the substance of the proposed its broker-dealer affiliate, as applicable, regarding type events such as systems failure, natural or man- rule change or raise unique or novel regulatory access to information concerning the composition made disaster, act of God, armed conflict, act of issues, Amendment No. 1 does not require notice of or changes to the portfolio, and will be subject terrorism, riot or labor disruption or any similar and comment. to procedures designed to prevent the use and intervening circumstance. 5 According to the Exchange, the Trust has filed dissemination of material, non-public information 10 According to the Exchange, the Fund may an amendment to its Registration Statement on regarding the portfolio. invest in loan participation notes that have a Form N–1A for the Fund, dated December 19, 2014, 7 See 17 CFR 240.10A–3. minimum outstanding principal amount of $200
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securities and interest-only securities; maturities of any length. The Fund will forward currency contracts; 18 (4) (10) debt securities linked to inflation seek to keep the average effective currency swaps; 19 (5) interest rate rates of the U.S. and non-U.S. countries; duration of its portfolio between –5 and swaps; (6) listed currency options; and (11) repurchase agreements backed by 10 years under normal market (7) listed options on futures contracts on Government Securities and non-U.S. conditions. Effective duration is an Debt Instruments. government securities; 11 (12) bank indication of an investment’s interest The Fund may invest in combinations loans (including senior loans); (13) rate risk or how sensitive an investment of investments that provide similar Money Market Securities; 12 and (14) or a fund is to changes in interest rates. exposure to local currency debt, such as mortgage-backed securities (including Generally, a fund or instrument with a investment in U.S. dollar denominated commercial mortgage-backed securities, longer effective duration is more bonds combined with forward currency collateralized mortgage obligations, sensitive to interest rate fluctuations, positions or swaps.20 Forward currency adjustable rate mortgage back securities, and, therefore, more volatile, than a contracts and swap positions can be and interest-only mortgage-backed similar fund with a shorter effective incorporated with bonds denominated securities, including, in each case, duration. To potentially protect the in non-U.S. currencies to hedge bond agency mortgage-backed securities, GSE- Fund against the impact of rising rates, exposures back into U.S. dollars. issued or guaranteed mortgage-backed the Adviser or Sub-Adviser may take the Conversely, forward currency contracts securities, and privately issued duration of the Fund below zero and swap positions can be implemented mortgage-backed securities) and asset- through strategic short positions in in combination with U.S. dollar backed securities.13 instruments such as U.S. Treasury denominated bonds to create local The Fund intends to invest in Debt futures (subject to the Fund’s limits on currency bond exposures. Additionally, Instruments originating primarily in investments in derivative instruments as the Fund’s use of forward contracts and developed and emerging markets described below). A negative duration swaps may be combined with countries.14 The Fund’s exposure to any suggests that the Fund may benefit from investments in short-term, high quality single corporate issuer generally will be a rise in rates.15 The Fund’s actual U.S. Money Market Securities in a limited to 10% of the Fund’s assets, and portfolio duration may be longer or manner designed to provide exposure to the Fund’s exposure to any single shorter depending on market similar investments in local currency 21 sovereign issuer generally will be conditions. deposits. limited to 25% of the Fund’s assets (excluding exempted securities as In addition, the Fund may invest, in which the Exchange has in place a comprehensive defined in Section 3(a)(12) of the Act). the aggregate, up to 35% of its assets in surveillance sharing agreement. In addition, the Fund’s exposure to any the following derivatives, which are also 18 According to the Exchange, the Fund may enter Debt Instruments (with no more than into forward currency contracts in order to ‘‘lock one country (other than the United in’’ the exchange rate between the currency it will States) generally will be limited to 30% 20% of the Fund’s investments in deliver and the currency it will receive for the of the Fund’s assets, though this derivative instruments that are not duration of the contract. The Fund will invest only percentage may change from time to within the definition of ‘‘Debt in currencies, and instruments that provide Instruments’’): (1) Credit-linked notes; 16 exposure to such currencies, that have significant time in response to economic events foreign exchange turnover and are included in the and changes to the respective credit (2) listed futures contracts on Debt Bank for International Settlements Triennial Central 17 ratings of the Debt Instruments in such Instruments; (3) non-deliverable Bank Survey, December 2013 (‘‘BIS Survey’’). The country. Fund may invest in currencies, and instruments The Fund may invest in Debt 15 Negative duration would occur when the total that provide exposure to such currencies, selected duration of the Fund’s liabilities (e.g., through short from the top 40 currencies (as measured by Instruments with effective or final positions in U.S. government securities or related percentage share of average daily turnover for the futures positions) is less than the total duration of applicable month and year) included in the BIS million that the Adviser or Sub-Adviser deems to the Fund’s assets. Survey. be liquid. 16 The Fund will invest no more than 25% of its 19 See id. 11 The Fund may enter into repurchase net assets in credit-linked notes. 20 To the extent practicable, the Fund will invest agreements with counterparties that are deemed to 17 According to the Exchange, the Adviser has in swaps cleared through the facilities of a present acceptable credit risks, and may enter into registered with the Commodity Futures Trading centralized clearing house. The Fund may also reverse repurchase agreements, which involve the Commission as a commodity pool operator under invest in Money Market Securities that would serve sale of securities held by the Fund subject to its the Commodity Exchange Act with regard to the as collateral for the futures contracts and swap agreement to repurchase the securities at an agreed Fund. The futures contracts in which the Fund may agreements. upon date or upon demand and at a price reflecting invest will be listed on exchanges in the United 21 According to the Exchange, the Fund will seek, a market rate of interest. States, Brazil, Chile, Germany, Hong Kong, Mexico, where possible, to use counterparties, as applicable, 12 ‘‘Money Market Securities’’ include: Short- Singapore, South Korea, or the United Kingdom. whose financial status is such that the risk of term, high quality securities issued or guaranteed Each of the futures exchange’s primary financial default is reduced; however, the risk of losses by the U.S. government or non-U.S. governments, markets regulators are signatories to the resulting from default is still possible. The Adviser their agencies and instrumentalities; repurchase International Organization of Securities or the Sub-Adviser will evaluate the agreements backed by U.S. government securities Commissions (‘‘IOSCO’’) Multilateral Memorandum creditworthiness of counterparties on an ongoing and non-U.S. government securities; money market of Understanding (‘‘MMOU’’), which is a multi- basis. In addition to information provided by credit mutual funds; and deposit and other obligations of party information sharing arrangement among agencies, the Adviser’s or the Sub-Adviser’s U.S. and non-U.S. banks and financial institutions. financial regulators. Both the Commission and the analysis will evaluate each approved counterparty In the event the Fund engages in these temporary Commodity Futures Trading Commission are using various methods of analysis and may consider defensive strategies that are inconsistent with its signatories to the IOSCO MMOU. In addition, the such factors as the counterparty’s liquidity, its investment strategies, the Fund’s ability to achieve futures contracts in which the Fund may invest in reputation, the Adviser’s or the Sub-Adviser’s past its investment objectives may be limited. the United States, Germany, Hong Kong, Singapore, experience with the counterparty, its known 13 The Fund may invest up to 20% of its net South Korea, or the United Kingdom will be listed disciplinary history, and its share of market assets, in the aggregate, in privately issued on exchanges that are members of the Intermarket participation. The Adviser or Sub-Adviser will also mortgage-backed securities and privately-issued Surveillance Group (‘‘ISG’’), which includes attempt to mitigate the Fund’s respective credit risk ABS. Debt Instruments will also include debt affiliates of LIFFE Administration and Management, by transacting only with large, well-capitalized securities which are secured with collateral Eurex Frankfurt A.G., the Hong Kong Exchanges & institutions using measures designed to determine consisting of mortgage-backed securities or asset- Clearing Ltd., the Korea Exchange, the Singapore the creditworthiness of the counterparty. The backed securities. Exchange, Ltd., NASDAQ OMX BX, and NASDAQ Adviser or Sub-Adviser will take various steps to 14 The Fund may invest up to 50% of Fund assets OMX PHLX LLC. At least 90% of Fund assets that limit counterparty credit risk. The Fund will enter in securities issued by issuers that are organized in are invested in exchange-traded derivative into over-the-counter non-centrally cleared or maintain their principal place of business in instruments will be invested in instruments that instruments only with financial institutions that emerging market countries. trade in markets that are members of ISG or with Continued
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The Fund will use derivative derivative instruments involving B. The Exchange’s Description of the instruments primarily to hedge interest obligations to third parties (i.e., Other Investments of the Fund rate risk and actively manage interest instruments other than purchase rate exposure and, as described below, options). With respect to certain kinds As noted above, under normal market to hedge foreign currency risk and of derivative transactions entered into conditions, no more than 35% of the actively manage foreign currency by the Fund that involve obligations to Fund’s investments will be in derivative exposure. The Fund may also use make future payments to third parties, instruments, with no more than 20% of derivative instruments to enhance including, but not limited to, futures the Fund’s investments in derivative returns, as a substitute for, or to gain and forward contracts, swap contracts, instruments that are not within the exposure to, a position in an underlying the purchase of securities on a when- definition of ‘‘Debt Instruments.’’ The asset, to reduce transaction costs, to issued or delayed-delivery basis, or Fund may invest in the following maintain full market exposure (which reverse repurchase agreements, the derivative instruments that are not means to adjust the characteristics of its Fund, in accordance with applicable within the definition of ‘‘Debt investments to more closely federal securities laws, rules, and Instruments’’: (1) Listed futures approximate those of the markets in interpretations thereof, will ‘‘set aside’’ contracts (other than on Debt which it invests), to manage cash flows, liquid assets, or engage in other Instruments); 26 (2) total return swaps; or to preserve capital. The Fund’s use of measures to ‘‘cover’’ open positions (3) credit default swaps; and (4) listed derivative instruments will be with respect to such transactions. options on futures contracts (other than collateralized by investments in Money The Exchange represents that 27 Market Securities and other liquid Debt liquidity will be an important factor in on Debt Instruments). Instruments. All Money Market the Fund’s security selection process.24 In addition, the Fund may invest up Securities acquired by the Fund will be Under normal market conditions, at to 20% of its net assets in one or more rated investment grade,22 except that the least 80% of the Fund’s net assets that of the following instruments: (a) Fund may invest in unrated Money are invested in Debt Instruments will be Securities of other investment Market Securities that are deemed by invested in Debt Instruments that are companies (including exchange-traded the Adviser or Sub-Adviser to be of issued by issuers with outstanding debt products (‘‘ETPs’’), such as other comparable quality to Money Market of at least $200 million (or the foreign ETFs; 28 (b) debt instruments that do not Securities rated investment grade.23 currency equivalent thereof). In fall within the meaning of ‘‘Debt The Exchange represents that the addition, while the Fund will be Instruments’’ above, including bank Fund’s investments in derivative actively-managed and will not be tied to loans, banker’s acceptances, bank time an index, the Exchange represents that instruments will be made in accordance deposits, commercial paper, and with the 1940 Act and consistent with the Fund’s investment portfolio will certificates of deposit issued against the Fund’s investment objectives and meet the criteria for non-actively funds deposited in a bank or savings policies, and will not be used to managed, index-based, fixed income enhance leverage. The Fund will exchange-traded funds (‘‘ETFs’’) comply with the regulatory contained in Nasdaq Rule issuers that have a worldwide market value of its 25 outstanding common equity held by non-affiliates requirements of the Commission to 5705(a)(4)(A). of $700 million or more (Rule 5705(a)(4)(A)(vi)(c)). maintain assets as ‘‘cover,’’ maintain 26 See supra note 16. 24 In reaching liquidity decisions, the Adviser or segregate accounts, and make margin 27 See id. Sub-Adviser may consider the following factors: payments when it takes positions in 28 The frequency of trades and quotes for the security; The Exchange states that ETPs in which the the number of dealers wishing to purchase or sell Fund may invest include, without limitation: meet certain credit quality standards and the security and the number of other potential Portfolio Depository Receipts and Index Fund monitoring policies. The Fund may also use various purchasers; dealer undertakings to make a market Shares (as described in Nasdaq Rule 5705); techniques to minimize credit risk, including early in the security; and the nature of the security and Securities Linked to the Performance of Indexes and termination or reset and payment, using different the nature of the marketplace in which it trades Commodities (as described in Nasdaq Rule 5710); counterparties, and limiting the net amount due (e.g., the time needed to dispose of the security, the Index-Linked Exchangeable Notes; Equity Gold from any individual counterparty. The Fund method of soliciting offers and the mechanics of Shares; Trust Certificates; Commodity-Based Trust generally will collateralize over-the-counter, non- transfer). Shares; Currency Trust Shares; Commodity Index centrally- cleared instruments with cash or certain 25 See Exchange Rule 5705(a)(4)(A). The Fund Trust Shares; Commodity Futures Trust Shares; securities. Such collateral will generally be held for will meet the following requirements of Rule the benefit of the counterparty in a segregated tri- Partnership Units; Trust Units; Managed Trust 5705(a)(4)(A): (i) The index or portfolio must Securities; and Currency Warrants (as described in party account at the custodian to protect the consist of fixed income securities (which are Nasdaq Rule 5711); Alpha-Index Linked Securities counterparty against non-payment by the Fund. In generally defined to include Debt Instruments) (as described in Nasdaq Rule 5712); Equity-Linked the event of a default by the counterparty, and the (Rule 5705(a)(4)(A)(i)); (ii) components that in the Fund is owed money in the over-the-counter non- aggregate account for at least 75% of the weight of Debt Securities (as described in Nasdaq Rule 5715); centrally cleared instruments transaction, the Fund the index or portfolio must each have a minimum Trust Issued Receipts (as described in Nasdaq Rule will seek withdrawal of the collateral from the original principal amount outstanding of $100 5720); Index Warrants (as described in Nasdaq Rule segregated account and may incur certain costs million or more (Rule 5705(a)(4)(A)(ii)); (iii) a 5725); Securities Not Otherwise Specified (as exercising its right with respect to the collateral. component may be a convertible security, however, described in Nasdaq Rule 5730); Managed Fund 22 The term ‘‘investment grade,’’ for purposes of once the convertible security converts to an Shares (as described in Nasdaq Rule 5735); and Money Market Securities, means securities rated A1 underlying equity security, the component is closed-end funds. According to the Exchange, the or A2 by one or more Nationally Recognized removed from the index or portfolio (Rule ETPs in which the Fund may invest all will be Statistical Rating Organizations (‘‘NRSROs’’). 5705(a)(4)(A)(iii)); (iv) no component fixed-income listed and traded on U.S. registered exchanges. The 23 The determination that an unrated security is security (excluding Treasury Securities) will Fund will invest in the securities of registered of comparable quality to a rated security (including, represent more than 30% of the weight of the index investment company ETPs consistent with the as applicable, an investment grade security) by the or portfolio, and the five highest weighted requirements of Section 12(d)(1) of the 1940 Act or Adviser or Sub-Adviser will be based on, among component fixed-income securities do not in the any rule, regulation, or order of the Commission or other factors, a comparison between the unrated aggregate account for more than 65% of the weight security and securities issued by similarly situated of the index or portfolio (Rule 5705(a)(4)(A)(iv)); (v) interpretation thereof. The ETPs in which the Fund companies to determine where in the spectrum of an underlying index or portfolio (excluding may invest will primarily be indexed-based ETFs credit quality the unrated security would fall. The exempted securities) must include securities from that hold substantially all of their assets in Adviser or Sub-Adviser would also perform an a minimum of 13 non-affiliated issuers (Rule securities representing a specific index. While the analysis of the unrated security and its issuer 5705(a)(4)(A)(v)); and (vi) component securities that Fund may invest in ETPs, the Fund will not invest similar, to the extent possible, to that performed by in the aggregate account for at least 90% of the in leveraged or inverse leveraged (e.g., 2X, –2X) a NRSRO in rating similar securities and issuers. weight of the index or portfolio must be from ETPs.
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and loan association; (c) U.S. and non- Revenue Code of 1986, as amended. In with the requirements of Section 6(b)(5) U.S. equity securities; 29 and (d) cash.30 addition to satisfying the RIC of the Act,34 which requires, among In addition, in response to adverse diversification requirements, no other things, that the Exchange’s rules market, economic, political, or other portfolio security held by the Fund be designed to prevent fraudulent and conditions the Fund reserves the right to (other than U.S. government securities) manipulative acts and practices, to invest in U.S. government securities, will represent more than 30% of the promote just and equitable principles of Money Market Securities, and cash, weight of the Fund’s portfolio and the trade, to foster cooperation and without limitation, as determined by the five highest weighted portfolio coordination with persons engaged in Adviser or Sub-Adviser. securities of the Fund (other than U.S. facilitating transactions in securities, to C. The Exchange’s Description of government securities) will not, in the remove impediments to and perfect the Investment Restrictions of the Fund aggregate, account for more than 65% of mechanism of a free and open market the weight of the Fund’s portfolio. For and a national market system, and, in The Fund will invest only in these purposes, the Fund may treat general, to protect investors and the corporate bonds that the Adviser or Sub- repurchase agreements collateralized by public interest. The Commission also Adviser deems to be sufficiently liquid. U.S. government securities as U.S. finds that the proposal to list and trade The Fund will only buy performing debt government securities. the Shares on the Exchange is consistent securities and not distressed debt. The Fund may hold up to an aggregate with Section 11A(a)(1)(C)(iii) of the Generally, a corporate bond will be of 15% of its net assets in illiquid assets Act,35 which sets forth the finding of required to have $150 million or more (calculated at the time of investment), Congress that it is in the public interest par amount outstanding and significant including Rule 144A securities deemed and appropriate for the protection of par value traded to be considered as an illiquid by the Adviser or Sub-Adviser. investors and the maintenance of fair eligible investment. Economic and other The Fund will monitor its portfolio and orderly markets to assure the conditions may, from time to time, lead liquidity on an ongoing basis to availability to brokers, dealers, and to a decrease in the average par amount determine whether, in light of current investors of information with respect to outstanding of bond issuances. circumstances, an adequate level of quotations for, and transactions in, Therefore, although the Fund does not liquidity is being maintained, and will securities. intend to do so, it may invest up to 5% consider taking appropriate steps in Quotation and last-sale information of its net assets in corporate bonds with order to maintain adequate liquidity if, will be available via Nasdaq proprietary less than $150 million par amount through a change in values, net assets, quote and trade services, as well as in outstanding if (1) the Adviser or Sub- or other circumstances, more than 15% accordance with the Unlisted Trading Adviser deems such security to be of the Fund’s net assets are held in Privileges and the Consolidated Tape sufficiently liquid based on its analysis illiquid assets. Illiquid assets include Association plans for the Shares and of the market for such security (based securities subject to contractual or other any underlying ETPs.36 In addition, the on, for example, broker-dealer restrictions on resale and other Intraday Indicative Value (as defined in quotations or its analysis of the trading instruments that lack readily available Nasdaq Rule 5735(c)(3)), which will be history of the security or the trading markets as determined in accordance based upon the current value of the history of other securities issued by the with Commission staff guidance. components of the Disclosed Portfolio issuer), (2) such investment is deemed Additional information regarding the (as defined in Nasdaq Rule 5735(c)(2)), by the Adviser or Sub-Adviser to be in Trust, Fund, and Shares, including will be available on the NASDAQ OMX the best interest of the Fund, and (3) investment strategies and restrictions, Information LLC proprietary index data such investment is deemed consistent risks, creation and redemption service,37 and will be updated and with the Fund’s goal of providing procedures, fees, portfolio holdings widely disseminated and broadly exposure to a broad range of countries disclosure policies, distributions and displayed at least every 15 seconds and issuers. taxes, calculation of net asset value per during the Regular Market Session.38 The Fund will not concentrate 25% or share (‘‘NAV’’), availability of During hours when the markets for local more of the value of its total assets information, trading rules and halts, and debt and other assets in the Fund’s (taken at market value at the time of surveillance procedures, among other portfolio are closed, the Intraday each investment) in any one industry, as things, can be found in the Notice, Indicative Value will be updated at least that term is used in the 1940 Act (except Registration Statement, and Exemptive every 15 seconds during the Regular that this restriction does not apply to Order, as applicable.31 Market Session to reflect currency obligations issued by the U.S. exchange fluctuations. government or its respective agencies III. Discussion and Commission On each business day, before and instrumentalities or government- Findings commencement of trading in Shares in sponsored enterprises). The Fund After careful review, the Commission the Regular Market Session on the intends to qualify each year as a finds that the proposed rule change is Exchange, the Trust will disclose on its regulated investment company (‘‘RIC’’) consistent with the requirements of Web site (www.wisdomtree.com) the under Subchapter M of the Internal Section 6 of the Act 32 and the rules and identities and quantities of the portfolio regulations thereunder applicable to a of securities and other assets 29 The equity securities in which the Fund may national securities exchange.33 In (‘‘Disclosed Portfolio,’’ as defined in invest will be limited to securities that trade on particular, the Commission finds that Nasdaq Rule 5732(c)(2)) held by the markets that are members of the ISG. The Fund may the proposed rule change is consistent invest in non-U.S. equity securities by means of 34 American Depository Receipts, European 15 U.S.C. 78f(b)(5). Depository Receipts, and Global Depository 31 See Notice, supra note 3; see also Registration 35 15 U.S.C. 78k–1(a)(1)(C)(iii). Receipts. Statement and Exemptive Order, supra note 5 and 36 See Notice, supra note 3, 80 FR at 12839. 30 According to the Exchange, the Fund may accompanying text. 37 According to the Exchange, the NASDAQ OMX engage in foreign currency transactions, and may 32 15 U.S.C. 78(f). Global Index Data Service is the NASDAQ OMX invest directly in foreign currencies in the form of 33 In approving this proposed rule change, the global index data feed service, offering real-time bank and financial institution deposits and Commission notes that it has considered the updates, daily summary messages, and access to certificates of deposit denominated in a specified proposed rule’s impact on efficiency, competition, widely followed indexes and ETFs. See id. non-U.S. currency. and capital formation. See 15 U.S.C. 78c(f). 38 See id.
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Fund that will form the basis for the the Shares will be continually available issuer of the Shares that the NAV per Fund’s calculation of NAV at the end of on a real-time basis throughout the day Share will be calculated daily and that the business day.39 The NAV of the on brokers’ computer screens and other the NAV and the Disclosed Portfolio Fund will normally be determined as of electronic services.41 The previous day’s will be made available to all market the close of the regular trading session closing price and trading volume participants at the same time.48 Further, on the Exchange (ordinarily 4:00 p.m. information for the Shares will be trading in the Shares will be subject to ET) on each business day.40 Information published daily in the financial section Nasdaq 5735(d)(2)(D), which sets forth regarding market price and volume of of newspapers.42 Pricing information for circumstances under which trading in ETFs and exchange-traded derivatives the Shares may be halted.49 The 39 On a daily basis, the Fund will disclose on the and other instruments will be available Exchange may also halt trading in the Fund’s Web site the following information from the exchanges on which they trade Shares if trading is not occurring in the regarding each portfolio holding, as applicable to the type of holding: Ticker symbol, CUSIP number and from major market vendors. Pricing securities or the financial instruments or other identifier, if any; a description of the information for Debt Instruments, constituting the Disclosed Portfolio or if holding (including the type of holding); the identity forward currency contracts, spot other unusual conditions or of the security or other asset or instrument currencies, and debt instruments that do circumstances detrimental to the underlying the holding, if any; for options, the option strike price; quantity held (as measured by, not fall within the meaning of ‘‘Debt maintenance of a fair and orderly for example, par value, notional value or number Instruments’’ as defined above will be market are present.50 Further, the of shares, contracts or units); maturity date, if any; available from major broker-dealer Commission notes that the Reporting coupon rate, if any; effective date, if any; market firms, major market data vendors, or Authority that provides the Disclosed value of the holding; and the percentage weighting of the holding in the Fund’s portfolio. See id. The Pricing Services, as applicable. Money Portfolio must implement and maintain, Web site and information will be publicly available market funds are typically priced once or be subject to, procedures designed to at no charge. See id. each business day, and their prices will prevent the use and dissemination of 40 See id., 80 FR at 12838. The Exchange notes be available through the applicable material, non-public information that, for purposes of calculating the Fund’s NAV regarding the actual components of the per Share, the Fund’s investment will generally be fund’s Web site or from major market 51 valued using market valuations. In the event that vendors.43 Intra-day, executable price portfolio. The Exchange states that it current market valuations are not readily available quotations on Debt Instruments as well has a general policy prohibiting the or such valuations do not reflect current market as derivative instruments are available distribution of material, non-public value, the Trust’s procedures require the Pricing 44 information by its employees.52 The Committee to determine an asset’s fair value if a from major broker-dealer firms. Intra- market price is not readily available in accordance day price information is available Exchange also states that neither the with the 1940 Act. Bank deposits held in U.S. through subscription services, such as Adviser nor Sub-Adviser is registered dollars will be valued at their actual dollar amount; Bloomberg and Thomson Reuters, as, or affiliated with, a broker-dealer.53 bank deposits held in foreign currencies will be converted into U.S. dollars and valued at their which can be accessed by Authorized 48 See id. actual amounts in U.S. dollars. According to the Participants and other investors.45 In 49 Adviser, Debt Instruments (as well as debt addition, State Street Bank and Trust See id., 80 FR at 12840. 50 See id. See also Nasdaq Rule 5735(d)(2)(C) instruments not within the meaning of ‘‘Debt Company, through the National Instruments’’), will generally be valued using prices (providing additional considerations for the received from independent Pricing Services as of Securities Clearing Corporation, will suspension of trading in or removal from listing of the announced closing time for trading in fixed- make available on each business day, Managed Fund Shares on the Exchange). With income instruments in the respective market or immediately prior to the opening of respect to trading halts, the Exchange may consider all relevant factors in exercising its discretion to exchange. Exchange traded assets (including business on the Exchange’s Core without limitation, equity securities, listed futures halt or suspend trading in the Shares of the Fund. contracts, listed currency options, listed options on Trading Session (currently 9:30 a.m. Nasdaq will halt or pause trading in the Shares futures, and ETPs) will be valued at the last Eastern time), the list of names and the under the conditions specified in Nasdaq Rules reported sale price or the official closing price on 4120 and 4121, including the trading pauses under required number or amount of each Nasdaq Rules 4120(a)(11) and (12). Trading also that exchange where the security or other security and/or the amount of cash, to instrument is primarily traded on the day that the may be halted because of market conditions or for valuation is made. Shares of money market funds be included in the current ‘‘Fund reasons that, in the view of the Exchange, make will be valued at their net asset values as reported Deposit’’ (based on information at the trading in the Shares inadvisable. See id. on the applicable fund’s Web site or to major end of the previous business day) for the 51 See Nasdaq Rule 5735(d)(2)(B)(ii). 52 market vendors. With respect to derivative Fund.46 The Fund’s Web site will See Notice, supra note 3, 80 FR at 12840. instruments, if, however, neither the last sales price 53 See supra note 6 and accompanying text. The nor the official closing price is available, each of include a form of the prospectus for the Exchange further represents that an investment these derivative instruments will be valued at either Fund and additional data relating to adviser to an open-end fund is required to be the last reported sale price or official closing price NAV and other applicable quantitative registered under the Investment Advisers Act of as of the close of regular trading of the principal information.47 1940 (‘‘Advisers Act’’). As a result, the Adviser, the market on which the instrument is listed consistent Sub-Adviser, and their related personnel are subject with the primary benchmark. Spot currencies and The Commission further believes that to the provisions of Rule 204A–1 under the non-exchange–traded derivatives, including non- the proposal to list and trade the Shares Advisers Act relating to codes of ethics. This Rule deliverable forward currency contracts, currency is reasonably designed to promote fair requires investment advisers to adopt a code of swaps, interest rate swaps, total return swaps, credit disclosure of information that may be ethics that reflects the fiduciary nature of the default swaps, and credit-linked notes, will relationship to clients as well as compliance with normally be valued on the basis of quotes obtained necessary to price the Shares applicable federal securities laws as defined in Rule from brokers and dealers or Pricing Services using appropriately and to prevent trading 204A–1(e)(4). Accordingly, procedures designed to data reflecting the earlier closing of the principal when a reasonable degree of prevent the communication and misuse of markets for those assets. International Data transparency cannot be assured. The nonpublic information by an investment adviser Corporation is expected to be the primary price must be consistent with Rule 204A–1 under the source for the Fund’s assets. The Fund may also Commission notes that the Exchange Advisers Act. In addition, Rule 206(4)–7 under the rely, however, on other recognized third-party will obtain a representation from the Advisers Act makes it unlawful for an investment pricing sources, including, without limitation, adviser to provide investment advice to clients Bloomberg, WM Reuters, JP Morgan, Markit, and JJ 41 See id., 80 FR at 12839. unless such investment adviser has (i) adopted and Kenney, to provide prices for certain asset 42 See id. implemented written policies and procedures categories, including, among others, currency reasonably designed to prevent violation, by the 43 See id., 80 FR at 12840. swaps, forward currency contracts, spot currencies, investment adviser and its supervised persons, of 44 and corporate securities, in each case as See id., 80 FR at 12842. the Advisers Act and the Commission rules adopted determined, from time to time, by the Fund’s board 45 See id. thereunder; (ii) implemented, at a minimum, an of trustees. Each of these pricing sources is a 46 See id., 80 FR at 12837. annual review regarding the adequacy of the ‘‘Pricing Service’’ for purposes of this Fund. 47 See id., 80 FR at 12842. policies and procedures established pursuant to
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The Financial Industry Regulatory Shares to customers; (c) how and by (10) The Fund may invest in loan Authority (‘‘FINRA’’), on behalf of the whom information regarding the participation notes that have a Exchange, will communicate as needed Intraday Indicative Value and Disclosed minimum outstanding principal amount regarding trading in the Shares and the Portfolio are disseminated; (d) the risks of $200 million that the Adviser or Sub- U.S and non-U.S. equity securities, involved in trading the Shares during Adviser deems to be liquid. In addition, ETPs, listed options, and listed futures the Pre-Market and Post-Market the Fund will invest no more than 25% contracts and other instruments held by Sessions when an updated Intraday of its net assets in credit-linked notes. the Fund with other markets and other Indicative Value will not be calculated (11) At least 90% of Fund assets that entities that are members of the ISG or or publicly disseminated; (e) the are invested in exchange-traded with which the Exchange has in place requirement that members deliver a derivative instruments will be invested a comprehensive surveillance sharing prospectus to investors purchasing in instruments that trade in markets that agreement. FINRA, on behalf of the newly issued Shares prior to or are members of ISG or with which the Exchange, may obtain trading concurrently with the confirmation of a Exchange has in place a comprehensive information regarding trading in the transaction; and (f) trading information. surveillance sharing agreement. In Shares and the U.S. and non-U.S. equity (4) Trading in the Shares will be addition, the equity securities in which securities, ETPs, listed options, listed subject to the existing trading the Fund may invest will be limited to futures contracts, and other instruments surveillances, administered by both securities that trade on markets that are held by the Fund from such markets and Nasdaq and also FINRA on behalf of the members of the ISG. other entities. FINRA, on behalf of the Exchange, which are designed to detect (12) The Fund will invest only in Exchange, also is able to obtain trading violations of Exchange rules and currencies, and instruments that 56 information regarding certain Debt applicable federal securities laws. provide exposure to such currencies, Instruments held by the Fund reported These procedures are adequate to that have significant foreign exchange to FINRA’s Trade Reporting and properly monitor Exchange trading of turnover and are included in the BIS 54 Compliance Engine. In addition, the the Shares in all trading sessions and to Survey. The Fund may invest in Exchange may obtain information deter and detect violations of Exchange currencies, and instruments that regarding trading in the Shares and the rules and applicable federal securities provide exposure to such currencies, exchange-traded securities and laws. selected from the top 40 currencies (as instruments held by the Fund from (5) For initial and continued listing, measured by percentage share of average markets and other entities that are the Fund must be in compliance with 57 daily turnover for the applicable month members of ISG or with which the Rule 10A–3 under the Act. and year) included in the BIS Survey. (6) A minimum of 100,000 Shares will Exchange has in place a comprehensive (13) The Adviser or the Sub-Adviser 55 be outstanding at the commencement of surveillance sharing agreement. will evaluate the creditworthiness of The Exchange represents that it deems trading on the Exchange. counterparties on an ongoing basis. In the Shares to be equity securities, thus (7) Under normal circumstances, the addition to information provided by rendering trading in the Shares subject Fund will invest at least 80% of its net credit agencies, the Adviser’s or the to the Exchange’s existing rules assets in Debt Instruments, and no more Sub-Adviser’s analysis will evaluate governing the trading of equity than 35% of Fund assets in derivatives each approved counterparty using securities. In support of this proposal, that are Debt Instruments. In addition, various methods of analysis and may the Exchange has also made the the Fund will invest no more than 20% consider such factors as the following representations: of its net assets in derivative counterparty’s liquidity, its reputation, (1) The Shares will be subject to Rule instruments that are not Debt the Adviser’s or the Sub-Adviser’s past 5735, which sets forth the initial and Instruments. experience with the counterparty, its continued listing criteria applicable to (8) The Fund may hold up to an known disciplinary history, and its Managed Fund Shares. aggregate of 15% of its net assets in (2) The Exchange has appropriate illiquid assets (calculated at the time of share of market participation. The rules to facilitate transactions in the investment), including Rule 144A Adviser or Sub-Adviser will also Shares during all trading sessions. securities deemed illiquid by the attempt to mitigate the Fund’s (3) Prior to the commencement of Adviser or Sub-Adviser. The Fund will respective credit risk by transacting only trading of the Shares, the Exchange will monitor its portfolio liquidity on an with large, well-capitalized institutions inform its members in an Information ongoing basis to determine whether, in using measures designed to determine Circular of the special characteristics light of current circumstances, an the creditworthiness of the and risks associated with trading the adequate level of liquidity is being counterparty. The Adviser or Sub- Shares. Specifically, the Information maintained, and will consider taking Adviser will take various steps to limit Circular will discuss the following: (a) appropriate steps in order to maintain counterparty credit risk. The procedures for purchases and adequate liquidity if through a change (14) Under normal market conditions, redemptions of Shares in Creation Units in values, net assets, or other at least 80% of the Fund’s net assets that (and that Shares are not individually circumstances, more than 15% of the are invested in Debt Instruments will be redeemable); (b) Nasdaq Rule 2310, Fund’s net assets are held in illiquid invested in Debt Instruments that are which imposes suitability obligations on assets. issued by issuers with outstanding debt Nasdaq members with respect to (9) While the Fund may invest in of at least $200 million (or the foreign recommending transactions in the ETPs, the Fund will not invest in currency equivalent thereof). In leveraged or inverse leveraged ETPs. addition, while the Fund will be subparagraph (i) above and the effectiveness of their actively-managed and will not be tied to implementation; and (iii) designated an individual 56 According to the Exchange, FINRA surveils an index, the Exchange represents that (who is a supervised person) responsible for trading on the Exchange pursuant to a regulatory the Fund’s investment portfolio will administering the policies and procedures adopted services agreement. The Exchange is responsible for meet the criteria for non-actively under subparagraph (i) above. FINRA’s performance under this regulatory services 54 See Notice, supra note 3, 80 FR at 12840. agreement. See Notice, supra note 3, 80 FR at managed, index-based, fixed income 55 For a list of the current members of ISG, see 12840. ETFs contained in Nasdaq Rule www.isgportal.org. 57 17 CFR 240.10A–3. 5705(a)(4)(A).
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(15) The Fund may invest up to 20% U.S. Small Business Administration, Incident: Severe Winter Storm. of its net assets, in the aggregate, in 409 3rd Street SW., Suite 6050, incident period: 02/15/2015 through privately issued mortgage backed Washington, DC 20416. 02/17/2015. securities and privately-issued ABSs. SUPPLEMENTARY INFORMATION: Notice is Effective Date: 04/20/2015. (16) The Exchange represents that the hereby given that as a result of the Physical Loan Application Deadline Fund’s investments in derivative Administrator’s disaster declaration, Date: 06/19/2015. Economic Injury (EIDL) Loan instruments will be made in accordance applications for disaster loans may be Application Deadline Date: 01/20/2016. with the 1940 Act and consistent with filed at the address listed above or other the Fund’s investment objectives and locally announced locations. ADDRESSES: Submit completed loan policies, and will not be used to The following areas have been applications to: U.S. Small Business enhance leverage. determined to be adversely affected by Administration, Processing and The Commission notes that the Fund the disaster: Disbursement Center, 14925 Kingsport and the Shares must comply with the Primary Counties: Duval. Road, Fort Worth, TX 76155. requirements of Nasdaq Rule 5735 to be Contiguous Counties: FOR FURTHER INFORMATION CONTACT: A. initially and continuously listed and Florida: Baker, Clay, Nassau, Saint Escobar, Office of Disaster Assistance, traded on the Exchange. This approval Johns. U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, order is based on all of the Exchange’s The Interest Rates are: representations and description of the Washington, DC 20416. Fund, including those set forth above Percent SUPPLEMENTARY INFORMATION: Notice is and in the Notice. hereby given that as a result of the For Physical Damage: President’s major disaster declaration on IV. Conclusion Homeowners With Credit Avail- 04/20/2015, Private Non-Profit It is therefore ordered, pursuant to able Elsewhere ...... 3.625 organizations that provide essential Section 19(b)(2) of the Act,58 that the Homeowners Without Credit services of governmental nature may file proposed rule change (SR–NASDAQ– Available Elsewhere ...... 1.813 Businesses With Credit Avail- disaster loan applications at the address 2015–012), as modified by Amendment able Elsewhere ...... 6.000 listed above or other locally announced No. 1 thereto, be, and it hereby is, Businesses Without Credit locations. approved. Available Elsewhere ...... 4.000 The following areas have been For the Commission, by the Division of Non-Profit Organizations With determined to be adversely affected by Trading and Markets, pursuant to delegated Credit Available Elsewhere ... 2.625 the disaster: authority.59 Non-Profit Organizations With- Primary Counties: Banks, Barrow, out Credit Available Else- Brent J. Fields, Dawson, Elbert, Forsyth, Franklin, where ...... 2.625 Secretary. Habersham, Hall, Jackson, Lumpkin, For Economic Injury: Madison, Oglethorpe, Pickens, [FR Doc. 2015–09763 Filed 4–27–15; 8:45 am] Businesses & Small Agricultural Stephens, White. BILLING CODE 8011–01–P Cooperatives Without Credit The Interest Rates are: Available Elsewhere ...... 4.000 Non-Profit Organizations With- Percent SMALL BUSINESS ADMINISTRATION out Credit Available Else- where ...... 2.625 For Physical Damage: [Disaster Declaration # 14282 and # 14283] Non-Profit Organizations With The number assigned to this disaster Credit Available Elsewhere ... 2.625 Florida Disaster # FL–00104 for physical damage is 14282 5 and for Non-Profit Organizations With- economic injury is 14283 0. out Credit Available Else- AGENCY: U.S. Small Business The States which received an EIDL where ...... 2.625 Administration. Declaration # are Florida. For Economic Injury: ACTION: Notice. Non-Profit Organizations With- (Catalog of Federal Domestic Assistance out Credit Available Else- SUMMARY: This is a notice of an Numbers 59002 and 59008) where ...... 2.625 Administrative declaration of a disaster Dated: April 22, 2015. for the State of FLORIDA dated 04/22/ Maria Contreras-Sweet, The number assigned to this disaster 2015. Administrator. for physical damage is 14284B and for Incident: Pecan Park Flea and [FR Doc. 2015–09817 Filed 4–27–15; 8:45 am] economic injury is 14285B Farmers’ Market Fire. BILLING CODE 8025–01–P (Catalog of Federal Domestic Assistance Incident Period: 04/06/2015. Numbers 59002 and 59008) Effective Date: 04/22/2015. Physical Loan Application Deadline SMALL BUSINESS ADMINISTRATION Joseph P. Loddo, Date: 06/22/2015. Acting Associate Administrator for Disaster [Disaster Declaration #14284 and #14285] Economic Injury (EIDL) Loan Assistance. Application Deadline Date: 01/22/2016. Georgia Disaster #GA–00063 [FR Doc. 2015–09819 Filed 4–27–15; 8:45 am] ADDRESSES: Submit completed loan BILLING CODE 8025–01–P applications to: U.S. Small Business AGENCY: U.S. Small Business Administration, Processing and Administration. Disbursement Center, 14925 Kingsport ACTION: Notice. SMALL BUSINESS ADMINISTRATION Road, Fort Worth, TX 76155. [Disaster Declaration #4261 and #14262] FOR FURTHER INFORMATION CONTACT: A. SUMMARY: This is a Notice of the Escobar, Office of Disaster Assistance, Presidential declaration of a major Tennessee Disaster Number TN–00087 disaster for Public Assistance Only for 58 15 U.S.C. 78s(b)(2). the State of georgia (FEMA–4215–DR), AGENCY: U.S. Small Business 59 17 CFR 200.30–3(a)(12). dated 04/20/2015. Administration.
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ACTION: Amendment 1. Economic Injury (EIDL) Loan constitutional presence in the United Application Deadline Date: 12/31/2015. States, because to do so would render SUMMARY: This is an amendment of the ADDRESSES: Submit completed loan ineffectual the measures authorized in Presidential declaration of a major applications to: U.S. Small Business the Order. disaster for Public Assistance Only for Administration, Processing and This notice shall be published in the the State of Tennessee (FEMA–4211– Disbursement Center, 14925 Kingsport Federal Register. DR), dated 04/02/2015. Road, Fort Worth, TX 76155. Incident: Severe Winter Storm and Dated: April 20, 2015. Flooding. FOR FURTHER INFORMATION CONTACT: A. John F. Kerry, Incident Period: 02/15/2015 through Escobar, Office of Disaster Assistance, Secretary of State. 02/22/2015. U.S. Small Business Administration, [FR Doc. 2015–09914 Filed 4–27–15; 8:45 am] 409 3rd Street SW., Suite 6050, Effective Date: 04/17/2015. BILLING CODE 4710–10–P Physical Loan Application Deadline Washington, DC 20416. Date: 06/01/2015. SUPPLEMENTARY INFORMATION: The notice Economic Injury (EIDL) Loan of the President’s major disaster DEPARTMENT OF STATE Application Deadline Date: 01/04/2016. declaration for Private Non-Profit [Public Notice: 9102] ADDRESSES: Submit completed loan organizations in the State of West Virginia, dated 3/31/2015, is hereby applications to: U.S. Small Business Culturally Significant Object Imported amended to include the following areas Administration, Processing and for Exhibition Determinations: as adversely affected by the disaster. Disbursement Center, 14925 Kingsport ‘‘Frederick Leighton’s Flaming June’’ Road, Fort Worth, TX 76155. Primary Counties: Fayette, Mercer, FOR FURTHER INFORMATION CONTACT: A. Tucker. SUMMARY: Notice is hereby given of the All other information in the original Escobar, Office of Disaster Assistance, following determinations: Pursuant to declaration remains unchanged. U.S. Small Business Administration, the authority vested in me by the Act of 409 3rd Street SW., Suite 6050, (Catalog of Federal Domestic Assistance October 19, 1965 (79 Stat. 985; 22 U.S.C. Washington, DC 20416. Numbers 59002 and 59008) 2459), E.O. 12047 of March 27, 1978, the SUPPLEMENTARY INFORMATION: The notice Foreign Affairs Reform and Joseph P. Loddo, of the President’s major disaster Restructuring Act of 1998 (112 Stat. declaration for Private Non-Profit Acting Associate Administrator for Disaster 2681, et seq.; 22 U.S.C. 6501 note, et Assistance. organizations in the State of seq.), Delegation of Authority No. 234 of TENNESSEE, dated 04/02/2015, is [FR Doc. 2015–09818 Filed 4–27–15; 8:45 am] October 1, 1999, and Delegation of hereby amended to include the BILLING CODE 8025–01–P Authority No. 236–3 of August 28, 2000 following areas as adversely affected by (and, as appropriate, Delegation of the disaster. Authority No. 257 of April 15, 2003), I Primary Counties: Hardin. DEPARTMENT OF STATE hereby determine that the object to be included in the exhibition ‘‘Frederick All other information in the original [Public Notice: 9113] declaration remains unchanged. Leighton’s Flaming June,’’ imported from abroad for temporary exhibition (Catalog of Federal Domestic Assistance In the Matter of the Designation of Numbers 59002 and 59008) Nikolaos Maziotis. Also Known as within the United States, is of cultural Nikos Maziotis as a Specially significance. The object is imported Joseph P. Loddo, Designated Global Terrorist Pursuant pursuant to a loan agreement with the Acting Associate Administrator for Disaster to Section 1(b) of Executive Order foreign owner or custodian. I also Assistance. 13224, as Amended determine that the exhibition or display [FR Doc. 2015–09814 Filed 4–27–15; 8:45 am] of the exhibit object at The Frick Acting under the authority of and in Collection, New York, New York, from BILLING CODE 8025–01–P accordance with section 1(b) of E.O. on or about June 9, 2015, until on or 13224 of September 23, 2001, as about September 6, 2015, and at amended by E.O. 13268 of July 2, 2002, SMALL BUSINESS ADMINISTRATION possible additional exhibitions or and E.O. 13284 of January 23, 2003, I venues yet to be determined, is in the [Disaster Declaration #14257 and #14258] hereby determine that the individual national interest. I have ordered that known as Nikolaos Maziotis, also Public Notice of these Determinations West Virginia Disaster Number WV– known as Nikos Maziotis, committed, or be published in the Federal Register. 00035 poses a significant risk of committing, FOR FURTHER INFORMATION CONTACT: For AGENCY: U.S. Small Business acts of terrorism that threaten the further information, including a Administration. security of U.S. nationals or the national description of the imported object, security, foreign policy, or economy of ACTION: Amendment 1. contact the Office of the Legal Adviser, the United States. U.S. Department of State, SA–5, L/PD, Consistent with the determination in SUMMARY: This is an amendment of the Fifth Floor (Suite 5H03), Washington, section 10 of E.O. 13224 that ‘‘prior Presidential declaration of a major DC 20522–0505, telephone (202–632– notice to persons determined to be disaster for Public Assistance Only for 6471), or email at section2459@ subject to the Order who might have a the State of West Virginia (FEMA–4210– state.gov. DR), dated 03/31/2015. constitutional presence in the United Incident: Severe Winter Storm, States would render ineffectual the Dated: April 7, 2015. Flooding, Landslides, and Mudslides. blocking and other measures authorized Kelly Keiderling, Incident Period: 03/03/2015 through in the Order because of the ability to Principal Deputy Assistant Secretary, Bureau 03/06/2015. transfer funds instantaneously,’’ I of Educational and Cultural Affairs, Effective Date: 04/17/2015. determine that no prior notice needs to Department of State. Physical Loan Application Deadline be provided to any person subject to this [FR Doc. 2015–09933 Filed 4–27–15; 8:45 am] Date: 06/01/2015. determination who might have a BILLING CODE 4710–05–P
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DEPARTMENT OF STATE on this information collection on how to meet the manual requirement. August 28, 2014. We are required to This flexibility allows States to prepare [Public Notice: 9112] publish this notice in the Federal manuals in the format of their choosing, In the Matter of the Designation of Register by the Paperwork Reduction to the level of detail necessitated by Christodoulos Xiros as a Specially Act of 1995. State complexities. Each State decides Designated Global Terrorist Pursuant DATES: Please submit comments by May how it will provide service to to Section 1(b) of Executive Order 28, 2015. individuals and businesses affected by 13224, as Amended ADDRESSES: You may send comments Federal or federally-assisted projects, within 30 days to the Office of while at the same time reducing the Acting under the authority of and in Information and Regulatory Affairs, burden of government regulation. States accordance with section 1(b) of E.O. Office of Management and Budget, 725 are required to update manuals to reflect 13224 of September 23, 2001, as 17th Street NW., Washington, DC 20503, changes in Federal requirements for amended by E.O. 13268 of July 2, 2002, Attention DOT Desk Officer. You are programs administered under title 23 and E.O. 13284 of January 23, 2003, I asked to comment on any aspect of this hereby determine that the individual U.S.C. The State manuals may be information collection, including: (1) submitted to FHWA electronically or known as Christodoulos Xiros Whether the proposed collection is made available by posting on the State committed, or poses a significant risk of necessary for the FHWA’s performance; Web site. committing, acts of terrorism that (2) the accuracy of the estimated threaten the security of U.S. nationals or burden; (3) ways for the FHWA to Respondents: 52 State Departments of the national security, foreign policy, or enhance the quality, usefulness, and Transportation, including the District of economy of the United States. clarity of the collected information; and Columbia and Puerto Rico. Consistent with the determination in (4) ways that the burden could be Frequency: A one-time collection due section 10 of E.O. 13224 that ‘‘prior minimized, including the use of to regulatory revisions. Then States notice to persons determined to be electronic technology, without reducing update their manuals on an annually subject to the Order who might have a the quality of the collected information. basis and certify every 5 years. constitutional presence in the United All comments should include the States would render ineffectual the Docket number FHWA–2015–0006. FHWA estimates that the State DOTs blocking and other measures authorized FOR FURTHER INFORMATION CONTACT: will use 11,700 hours for completing, in the Order because of the ability to Rosemary Jones, 202–366–2042, Office revising, updating, and reviewing the transfer funds instantaneously,’’ I of Real Estate Services, Federal Highway manuals. Approximately 52 State determine that no prior notice needs to Administration, Department of entities will update manuals at 225 be provided to any person subject to this Transportation, 1200 New Jersey Ave. hours each. Preparing the updates for 52 determination who might have a SE., Washington, DC, between 9 a.m. manuals × 225 hours = 11,700 burden constitutional presence in the United and 5 p.m., Monday through Friday, hours. States, because to do so would render except Federal holidays. FHWA estimates that there are two ineffectual the measures authorized in SUPPLEMENTARY INFORMATION: the Order. additional DOT modes that have 50 of Title: State Right-of-Way Operations their large grantees that have Right-of- This notice shall be published in the Manuals. Federal Register. Way manuals that will need to be Background: It is the responsibility of updated. It is estimated that both modes Dated: April 20, 2015. each State Department of Transportation together will use a total of 22,500 hours John F. Kerry, (State) to acquire, manage and dispose for completing, revising, updating, and of real property in compliance with the Secretary of State. reviewing the manuals. Approximately legal requirements of State and Federal [FR Doc. 2015–09926 Filed 4–27–15; 8:45 am] 50 grantees × 2 modes = 100 grantees laws and regulations. Part of providing BILLING CODE 4710–10–P will update manuals at 225 hours each. assurance of compliance is to describe 100 manuals × 225 hours = 22,500 in a right-of-way procedural (operations) burden hours. DEPARTMENT OF TRANSPORTATION manual the organization, policies and procedures of the State to such an extent FHWA estimates that there are 12 Federal Highway Administration that these guide State employees, local additional federal agencies that will acquiring agencies, and contractors who need their grantees to revise their [Docket No. FHWA–2015–0006] acquire and manage real property that is guidance. These agencies have a used for a federally funded disparate level of activity and program Agency Information Collection transportation project. Procedural Activities: Request for the Update of sizes ranging from large to very small. manuals assure the FHWA that the an Information Collection (Revision) It is estimated that these grantees will requirements of the Uniform Relocation use a total of 2,700 hours for AGENCY: Federal Highway Assistance and Real Property completing, revising, updating, and Administration (FHWA), DOT. Acquisition Policies Act (Uniform Act) reviewing their guidance. ACTION: Notice and request for will be met. The State responsibility to Approximately 12 grantees will update comments. prepare and maintain an up-to-date guidance at 225 hours each. 12 manuals right-of-way procedural manual is set × 225 hours = 2,700 burden hours. SUMMARY: FHWA invites public out in 23 CFR 710.201(c). Due to the comments about our intention to request amending of 23 CFR 710 regulations, a It is estimated a total of 36,900 burden the Office of Management and Budget’s lengthy and in-depth update of each hours will be required for completing, (OMB) approval for a new information manual will be required. The revisions revising, updating, and reviewing collection, which is summarized below are prompted by enactment of the manuals/guidance on a one-time basis. under SUPPLEMENTARY INFORMATION. We Moving Ahead for Progress in the 21st Authority: The Paperwork Reduction Act published a Federal Register Notice Century Act (MAP–21). The regulation of 1995; 44 U.S.C. chapter 35, as amended; with a 60-day public comment period allows States flexibility in determining and 49 CFR 1.48.
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Issued On: April 23, 2015. transportation systems in the US, Federal Transit Administration (FTA), Michael Howell, including the efficiency, energy use, air and the Bureau of Transportation Information Collection Officer. quality, congestion, and safety of the Statistics (BTS) are also primary data [FR Doc. 2015–09854 Filed 4–27–15; 8:45 am] highway and intermodal transportation users, and have historically participated BILLING CODE P systems. The USDOT is charged with in project planning and financial the overall responsibility to obtain support. current information on national patterns Proposed Data Acquisition DEPARTMENT OF TRANSPORTATION of travel, which establishes a data base to better understand travel behavior, Methodology Federal Highway Administration evaluate the use of transportation NHTS data are collected from a [Docket No. FHWA–2015–0007] facilities, and gauge the impact of the stratified random sample of households USDOT’s policies and programs. that represent a broad range of The NHTS is the USDOT’s Agency Information Collection geographic and demographic authoritative nationally representative Activities: Request for Comments for characteristics. Letters and a brief data source for daily passenger travel. Periodic Information Collection household survey are sent to selected This inventory of travel behavior households requesting some basic SUMMARY: The FHWA has forwarded the reflects travel mode (e.g., private demographic and contact information information collection request described vehicles, public transportation, walk and inviting them to participate in the in this notice to the Office of and bike) and trip purpose (e.g., travel survey. The recruitment surveys are Management and Budget (OMB) for to work, school, recreation, personal/ returned in business reply envelopes to approval of a new information family trips) by U.S. household the survey contractor. collection. We published a Federal residents. Survey results are used by Register Notice with a 60-day public federal and state agencies to monitor the Participating households are comment period on this information performance and adequacy of current subsequently sent a package containing collection on February 19, 2015. We are facilities and infrastructure, and to plan travel logs for each member of the required to publish this notice in the for future needs. household age 5 and older. The Federal Register by the Paperwork The collection and analysis of household is assigned to record their Reduction Act of 1995. national transportation data has been of travel on a specific day, and asked to DATES: Please submit comments by May critical importance for nearly half a note every trip taken during a 24 hour 28, 2015. century. Previous surveys were period. Based upon their preferences, ADDRESSES: You may send comments conducted in 1969, 1977, 1983, 1990, the travel information is then reported within 30 days to the Office of 1995, 2001, and 2009. The current either through the use of a survey Web Information and Regulatory Affairs, survey will be the eighth in this series, site, or through a telephone interview. Office of Management and Budget, 725 and allow researchers, planners, and Reminders are sent periodically to 17th Street NW., Washington, DC 20503, officials at the state and federal levels to households who do not respond within Attention DOT Desk Officer. You are monitor travel trends. the expected timeframe. Monetary Data from the NHTS are widely used asked to comment on any aspect of this incentives are included in each to support research needs within the information collection, including: (1) recruitment package, and are provided USDOT, and State and local agencies, in Whether the proposed collection is in increasing amounts for all addition to responding to queries from necessary for the FHWA’s performance; households that complete the survey. (2) the accuracy of the estimated Congress, the research community and The survey will collect data during an burden; (3) ways for the FHWA to the media on important issues. Current entire 12 month period so that all 365 enhance the quality, usefulness, and and recent topics of interest include: • days of the year including weekends clarity of the collected information; and Travel to work patterns by and holidays are accounted for. A total (4) ways that the burden could be transportation mode for infrastructure of 26,000 households will comprise the minimized, including the use of improvements and congestion national sample for the 2015 survey. As electronic technology, without reducing reduction, • described below, changes in the the quality of the collected information. Access to public transit, paratransit, establishment of the sampling frame, the All comments should include the and rail services by various promotion of participation, and in data Docket number FHWA–2015–0007. demographic groups, • Measures of travel by mode to retrieval techniques are planned, as FOR FURTHER INFORMATION CONTACT: establish exposure rates for risk compared to previous surveys, to Adella Santos, 202–366–5021, NHTS analyses, improve statistical precision, enhance Program Manager, Federal Highway • Support for Federal, State, and local response rates, and increase survey Administration, Office of Policy, 1200 planning activities and policy efficiency. New Jersey Avenue SE., Room E83–426, evaluation, Issues Related to Sampling. In Washington, DC 20590, Monday • Active transportation by walk and previous years, the household sample through Friday, except Federal holidays. bike to establish the relationship to was identified using random digit SUPPLEMENTARY INFORMATION: public health issues, Title: 2015 National Household Travel • dialing techniques. Today, only 59 Vehicle usage for energy 1 Survey (NHTS). consumption analysis, percent have a landline telephone in Type of Request: New request for • Traffic behavior of specific the home (down from 75% during the periodic information collection demographic group such as Millennials 2009 NHTS) while over 80 percent of requirement. and the aging population. U.S. households have access to the Background: Title 23, United States Within the USDOT, the Federal Code, section 502 authorizes the Highway Administration (FHWA) holds 1 Blumberg, S.J., and Luke, J.V. (2014). Wireless substitution: Early release of estimates from the USDOT to carry out advanced research responsibility for technical and funding National Health Interview Survey, July–December and transportation research to measure coordination. The National Highway 2013. National Center for Health Statistics. the performance of the surface Traffic Safety Administration (NHTSA), Available from http://www.cdc.gov/nchs/nhis.htm.
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Internet.2 This survey will leverage this and GIS processing can be used to link To support the mail recruitment shift in technology, in particular the addresses to counties in a highly approach, the survey contractor will move away from home telephone usage, reliable fashion. There can be some provide a toll-free number on survey to structure a research design that uses ambiguity for addresses that are P.O. materials and will assist the recruited web, mail, and telephone data collection boxes or are listed as rural route participant to provide the required modes. addresses. These can be handled in a information by telephone if requested to The revised methodological approach routine manner with a set of well- do so by the participant. A survey Web starts with a national address-based defined rules as such addresses will site will be established for potential sample (ABS), a change from the represent only a small proportion of a respondents who want to check on the telephone-based random digit dialing state’s population. Thus, no important authenticity of the survey or find out (RDD) sample design used in recent issues arise in the definition of areas more information. This Web site will NHTS efforts, while also incorporating with an ABS sample design that relies also serve as the portal to the survey. core data elements that have been part on mail for data collection, as is the case All returned recruitment surveys will of the NHTS since 1969. with the proposed approach. be processed using commercial off-the- The survey sample will be drawn Assignments for recording travel data shelf software (COTS) technology. All from the ABS frame maintained by by sampled households will be equally data collected in the recruitment survey Marketing Systems Group (MSG). It distributed across all days to ensure a will be used to populate the household originates from the U.S. Postal Service balanced day of week distribution. The record in the survey database. As part of (USPS) Computerized Delivery sample (of recruitment letters to the non-response protocol, non- Sequence file (CDS), and is updated on households) will be released responding households may also be a monthly basis. MSG also provides the periodically through a process that will provided the opportunity to recruit by ability to match some auxiliary variables control the balance of travel days by web. If respondents call the help desk (e.g., race/ethnicity, education, month. or use the web to complete, their household income) to a set of sampled responses are collected in the same addresses. MSG geocodes their entire Data Collection Methods survey database. The mail back recruitment approach ABS frame, so block-, block group-, and An updated approach to enhancing described here has been tested and tract-level characteristics from the survey response has been developed. found to be successful in several Decennial Census and the American This includes providing progressive surveys funded by the Federal Community Survey (ACS) may be monetary incentives, and using a mail- Government (e.g., the National Crime appended to addresses and used for out/mail-back recruitment survey. This Victimization Survey); these surveys sampling and/or data collection recruitment survey is designed to be purposes. have proven this method can be relevant, aesthetically pleasing, and implemented with large sample sizes Sample Size. A sample size of 26,000 elicit participation by including topics households will be included in the covering vast geographic regions. This of importance to the respondent. Upon approach has been developed in national sample. Assuming response returning the completed recruitment rates of 30 percent for the recruitment response to declining recruitment rates survey, each household member will be in recent studies. stage, 65 percent for the retrieval stage, provided with personalized travel logs and a residency rate of 89 percent for Retrieval. The NHTS data will be by mail, and offered the option of collected from respondents either from sampled addresses, a total of 149,813 completing the retrieval survey by web sampled addresses will be required to self-reporting via the web, or from using a unique personal identification professionally trained interviewers attain the targeted 26,000 responding number (PIN) or telephone interview. households. using a computer-assisted telephone Stratification. This survey produces Information Proposed for Collection interviewing (CATI) system. Either state-level estimates as well as national approach will be based upon a single Recruitment. The survey will begin database that allows for sophisticated estimates. Assuming equal costs and with mailing the sampled households a population variances across states, the branching and skip patterns to enhance short recruitment survey designed to data retrieval by asking only those most efficient design for national collect key household information (e.g. estimates is one in which the sample is questions that are necessary and enumeration of household members), appropriate for the individual allocated to the states in proportion to additional contact information (e.g. the size of the civilian, participant. Look-up tables are included email address and telephone number). to assist with information such as noninstitutionalized population in each This recruitment survey includes some state, and the most efficient design for vehicle makes and models. The Google engaging travel-related opinion or map UI is used to assist in identifying state-level estimates is one in which experience questions considered to be specific place names and locations. The equal sample sizes are allocated to all highly relevant to the survey and location data for the participant’s home, states. Various allocation options for the interesting to respondents. The initial workplace, or school are stored and national sample are being considered in survey will be accompanied by a letter automatically inserted in the dataset for order to arrive at a final allocation for from the USDOT, and a Business Reply trips after the first report. Household the NHTS national sample. Envelope. With the ABS approach, identifying rostering is a list of all vehicles and In the first mail contact, each sampled persons in the household that allows a targeted areas (e.g., states) that address will receive a $2 cash incentive. trip to be reported from one household correspond to those for which estimates The second mail contact will include member and can include another can be developed from the NHTS data the travel log package sent to each household member who travel together are straightforward. Addresses are recruited household and a $5 cash to be inserted into the record for the definitively linked to states, so state- incentive and a promise of an additional second person. This automatic insert of level estimation is routine. Geocoding $20 for successfully submitting their information reduces the burden of the travel logs. The incentives paid will be second respondent to be queried about 2 Source: U.S. Census Bureau, Current Population Survey, Select Years, Internet Release date: January tracked at each of the three levels a trip already reported by the initial 2014. offered. respondent.
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Data range, consistency and edit 50 states and the District of Columbia blocked pursuant to E.O. 13581 of July checks are automatically programmed to will be included in the survey. 24, 2011, ‘‘Blocking Property of reduce reporting error, survey length, Household will include an average of Transnational Criminal Organizations.’’ and maintain the flow of information 2.5 members for a total of 65,000 DATES: The designations by the Director processing. Data cross checks also help individual respondents to the main of OFAC, pursuant to E.O. 13581, of the reduce the burden by ensuring that the survey. one individual and one entity identified reporting is consistent within each trip. Estimated Average Burden per in this notice were effective on April 21, Data retrieval is based upon materials Response. It will take approximately 5 2015. minutes per household member to provided to participants as shown FOR FURTHER INFORMATION CONTACT: complete the recruitment data form, and below. Assistant Director, Sanctions 20 minutes to complete the retrieval Compliance and Evaluation, Office of Travel Log Materials survey. This results in a total of 25 Foreign Assets Control, Department of Travel Log Packet. The travel log minutes per household member. packet will include a letter, an exemplar Estimated Total Annual Burden the Treasury, Washington, DC 20220, log, and personalized travel logs for Hours. It is estimated that a total of tel.: 202–622–2490. each age eligible person in the 65,000 persons will be included in the SUPPLEMENTARY INFORMATION: household, and will be sent using first survey. This would result in Electronic and Facsimile Availability class postage in a 6″ x 9″ envelope. The approximately 27,083 hours of support envelopes will be branded to match the for this data collection effort. This document and additional letterhead used for the invitation letter. information concerning OFAC are Public Comments Invited The second respondent incentive will available from OFAC’s Web site be included with the travel logs. This $5 You are asked to comment on any (www.treas.gov/ofac). Certain general cash incentive is expected to serve as a aspect of this information collection, information pertaining to OFAC’s ‘‘good faith’’ incentive to encourage including: (1) Whether the proposed sanctions programs is available via completion of the retrieval survey. collection of information is necessary facsimile through a 24-hour fax-on- Travel Log Letter. A household letter for the USDOT’s performance, including demand service, tel.: 202–622–0077. will be included in the travel log packet. whether the information will have Background The letter will further familiarize the practical utility; (2) the data acquisition participants with the travel recording methods; (3) the accuracy of the On July 24, 2011, the President issued stage, identify the households’ travel USDOT’s estimate of the burden of the E.O. 13581, ‘‘Blocking Property of date and provide details about when proposed information collection; (4) the Transnational Criminal Organizations’’ and how to complete the retrieval types of data being acquired; (5) ways to (the ‘‘Order’’), pursuant to, inter alia, survey. The letter will also remind enhance the quality, usefulness, and the International Emergency Economic participants about the final $20 clarity of the collected information; and Powers Act (50 U.S.C. 1701–06). The household incentive. Like the invitation (6) ways that the burden could be Order was effective at 12:01 a.m. eastern letter, the travel log letter will be minimized without reducing the quality daylight time on July 25, 2011. In the branded. of the collected information. The agency Order, the President declared a national Travel Logs. A personalized travel log will summarize and/or include your emergency to deal with the threat that will be provided for each household comments in the request for OMB’s significant transnational criminal member (ages 5 and older). The logs are clearance of this information collection. organizations pose to the national intended to be a memory jogger to guide security, foreign policy, and economy of Authority: The Paperwork Reduction Act the United States. accurate data collection and aid in the of 1995; 44 U.S.C. chapter 35, as amended; reporting of each place visited on the and 49 CFR 1.48. Section 1 of the Order blocks, with travel day. certain exceptions, all property and Exemplar Log. Participants will be Issued on: April 23, 2015. interests in property that are in the provided with an exemplar log with the Michael Howell, United States, that come within the instructions for recording the details Information Collection Officer, Federal United States, or that are or come within about the places visited on the travel Highway Administration. the possession or control of any United day. [FR Doc. 2015–09852 Filed 4–27–15; 8:45 am] States person, of persons listed in the All web and computer assisted BILLING CODE P Annex to the Order and of persons telephone interview (CATI) instruments determined by the Secretary of the will be reviewed for section 508 Treasury, in consultation with the compliance using the rules specified in DEPARTMENT OF THE TREASURY Attorney General and the Secretary of sections 1194.22—‘Web-based intranet State, to satisfy certain criteria set forth and internet information and Office of Foreign Assets Control in the Order. applications’ and 1194.23— On April 21, 2015, the Director of Designation of One Individual and One ‘Telecommunications products.’ All OFAC, in consultation with the Entity Pursuant to Executive Order materials will be available in both Attorney General and the Secretary of 13581, ‘‘Blocking Property of English and Spanish language forms. State, designated, pursuant to one or Transnational Criminal Organizations’’ Spanish translations will be developed more of the criteria set forth in using industry standards and will apply AGENCY: Office of Foreign Assets subparagraphs (a)(ii)(A) through reverse-translation protocols. Control, Treasury. (a)(ii)(C) of section 1 of the Order, one ACTION: Notice. individual and one entity whose Estimated Burden Hours for property and interests in property are Information Collection SUMMARY: The Treasury Department’s blocked pursuant to the Order. Frequency: This collection will be Office of Foreign Assets Control The listings for this individual and conducted every 5–7 years. (‘‘OFAC’’) is publishing the names of this entity on OFAC’s List of Specially Respondents. A stratified random one individual and one entity whose Designated Nationals and Blocked sample of 26,000 households across the property and interests in property are Persons appear as follows:
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Individual
Entity
Dated: April 21, 2015. requirements of the law. The specific being made pursuant to section John E. Smith, hospital care and medical services that 3506(c)(2)(A) of the PRA. Acting Director, Office of Foreign Assets VA must provide are for a number of With respect to the following Control. illnesses and conditions connected to collection of information, VHA invites [FR Doc. 2015–09828 Filed 4–27–15; 8:45 am] exposure to contaminated drinking comments on: (1) Whether the proposed BILLING CODE 4810–AL–P water while at Camp Lejeune. collection of information is necessary DATES: Written comments and for the proper performance of VHA’s recommendations on the proposed functions, including whether the DEPARTMENT OF VETERANS collection of information should be information will have practical utility; AFFAIRS received on or before May 28, 2015. (2) the accuracy of VHA’s estimate of ADDRESSES: Submit written comments the burden of the proposed collection of [OMB Control No. 2900–0822] on the collection of information through information; (3) ways to enhance the www.Regulations.gov, or to Office of quality, utility, and clarity of the Agency Information Collection information to be collected; and (4) (Reimbursement of Certain Medical Information and Regulatory Affairs, Office of Management and Budget, Attn: ways to minimize the burden of the Expenses for Camp Lejeune Family collection of information on Members) VA Desk Officer; 725 17th St. NW., Washington, DC 20503 or sent through respondents, including through the use electronic mail to oira_submission@ of automated collection techniques or ACTIVITIES: Under OMB Review. the use of other forms of information AGENCY: Veterans Health omb.eop.gov. Please refer to ‘‘OMB Control No. 2900–0822, Reimbursement technology. Administration, Department of Veterans Title: Reimbursement of Certain Affairs. of Certain Medical Expenses for Camp Lejeune Family Members’’ in any Medical Expenses for Camp Lejeune ACTION: Notice. correspondence. During the comment Family Members. OMB Control Number: 2900–0822. SUMMARY: The Veterans Health period, comments may be viewed online Type of Review: Revision of a Administration (VHA) is announcing an through the FDMS. currently existing collection. opportunity for public comment on the FOR FURTHER INFORMATION CONTACT: Abstract: Under 38 U.S.C. 1787, VA is proposed collection of certain Crystal Rennie, Enterprise Records required to furnish hospital care and information by the agency. Under the Service (005R1B), Department of medical services to the family members Paperwork Reduction Act (PRA) of Veterans Affairs, 810 Vermont Avenue of certain veterans who were stationed 1995, Federal agencies are required to NW., Washington, DC 20420, (202) 632– at Camp Lejeune between 1957 and publish notice in the Federal Register 7492 or email [email protected]. 1987. In order to furnish such care, VA concerning each proposed collection of Please refer to ‘‘OMB Control No. 2900– must collect certain information from information, including each proposed 0822, Reimbursement of Certain the family members to ensure that they revised collection, and allow 60 days for Medical Expenses for Camp Lejeune meet the requirements of the law. VA public comment in response to the Family Members’’ in any cannot furnish the statutorily-mandated notice. This notice solicits comments on correspondence. hospital care and medical services until information needed to furnish hospital SUPPLEMENTARY INFORMATION: Under the the collection of information is care and medical services to the family PRA of 1995 (Pub. L. 104–13; 44 U.S.C. approved. The specific hospital care and members of certain veterans who were 3501–3521), Federal agencies must medical services that VA must provide stationed at Camp Lejeune. In order to obtain approval from the Office of are for a number of illnesses and furnish such care, VA must collect Management and Budget (OMB) for each conditions connected to exposure to certain information from the family collection of information they conduct contaminated drinking water while at members to ensure that they meet the or sponsor. This request for comment is Camp Lejeune.
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Affected Public: Individuals or Estimated Average Burden per By direction of the Secretary. Households. Respondent: 18.75 minutes. Crystal Rennie, Estimated Total Annual Burden: Frequency of Response: Yearly. VA Clearance Officer, Department of Veterans 5,838 hours. Estimated Number of Respondents: Affairs. 21,720. [FR Doc. 2015–09791 Filed 4–27–15; 8:45 am] BILLING CODE 8320–01–P
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Part II
Department of Education
34 CFR Part 300 Assistance to States for the Education of Children With Disabilities; Final Rule
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DEPARTMENT OF EDUCATION requirement that LEAs maintain effort, may not be considered in determining specifically: (1) The compliance whether an LEA meets the eligibility 34 CFR Part 300 standard; (2) the eligibility standard; (3) standard in § 300.203(a)(1). the level of effort required of an LEA in • We moved the regulations RIN 1820–AB65 the year after it fails to maintain effort; governing compliance from proposed [Docket ID ED–2012–OSERS–0020] and (4) the consequence for a failure to § 300.203(a) to § 300.203(b). maintain local effort. These final • We changed the language in the Assistance to States for the Education regulations adopt the proposed compliance standard in § 300.203(b)(1) of Children With Disabilities amendments with modifications to to state that the comparison year is the improve organization, clarity, and preceding fiscal year, regardless of AGENCY: Office of Special Education and flexibility for LEAs. which method an LEA uses to establish Rehabilitative Services, Department of compliance. Education. Major Changes in the Regulations • We added language to the ACTION: Final rule. The following is a summary of the compliance standard in § 300.203(b)(2) major changes in these final regulations to clarify the four methods that LEAs SUMMARY: The Secretary of Education from the regulations proposed in the may use to meet this standard: (1) Local (Secretary) amends regulations for Part NPRM. The rationale for each of these funds only, (2) the combination of State B of the Individuals with Disabilities changes is discussed in the Analysis of and local funds, (3) local funds only on Education Act (Part B or IDEA). These Comments and Changes section of this a per capita basis, or (4) the combination regulations govern the Assistance to preamble. of State and local funds on a per capita States for the Education of Children • We moved the regulations basis. with Disabilities program and the governing eligibility for an IDEA Part B • We replaced proposed § 300.203(c) Preschool Grants for Children with subgrant (sections 611 and 619 of the with three paragraphs—§ 300.203(c)(1), Disabilities program. These IDEA) from proposed § 300.203(b) to (2), and (3)—to improve clarity and amendments revise the regulations § 300.203(a). readability. governing the requirement that local • We added language to the eligibility • The new § 300.203(c)(1) educational agencies maintain fiscal standard in § 300.203(a)(1) to clarify the implements the requirement in the effort. four methods that LEAs may use to meet Consolidated Appropriations Act, 2014 DATES: These regulations are effective this standard: (1) Local funds only, (2) (2014 Appropriations Act) and the on July 1, 2015. the combination of State and local Consolidated and Further Continuing Applicability dates: The Subsequent funds, (3) local funds only on a per Appropriations Act, 2015 (2015 Years rule for Fiscal Years 2014 and capita basis, or (4) the combination of Appropriations Act) that, for the fiscal 2015, stated in final § 300.203(c)(1), State and local funds on a per capita years beginning on July 1, 2014, and on basis. July 1, 2015, respectively, the level of reiterates the relevant provision of the • 2014 Appropriations Act and the 2015 We changed the language in the effort an LEA must meet in the fiscal Appropriations Act, respectively. As eligibility standard in § 300.203(a)(1) to year after it fails to maintain effort is the explained in the Effective Date section provide that the comparison year is the level of effort that would have been of the Analysis of Comments and most recent fiscal year for which required in the absence of that failure, Changes, the 2014 and 2015 information is available, regardless of not the LEA’s reduced level of which method an LEA uses to establish expenditures. Appropriations Acts made the • Subsequent Years rule applicable for eligibility. The new § 300.203(c)(2) is • We added language in the eligibility IDEA Part B grants awarded on July 1, applicable to any fiscal year beginning standard in § 300.203(a)(2) to provide 2014, and July 1, 2015, respectively. on or after July 1, 2015, and addresses that, when determining the amount of the level of effort an LEA must maintain FOR FURTHER INFORMATION CONTACT: funds that the LEA must budget to meet in a fiscal year after it fails to maintain Mary Louise Dirrigl, U.S. Department of the requirement in paragraph effort, and the LEA is relying on local Education, 550 12th Street SW., § 300.203(a)(1), the LEA may take into funds only, or local funds only on a per Potomac Center Plaza, Room 5156, consideration, to the extent the capita basis. The level of expenditures Washington, DC 20202–2641. information is available, the exceptions required of the LEA is the amount that Telephone: (202) 245–7324. If you use a and adjustment provided in §§ 300.204 would have been required under telecommunications device for the deaf (exceptions for local changes) and paragraph (b)(2)(i) or (iii) in the absence (TDD) or a text telephone (TTY), you 300.205 (adjustment for Federal of that failure, not the LEA’s reduced may call the Federal Relay System (FRS) increase) that the LEA: (i) Took in the level of expenditures. at 1–800–877–8339. intervening year or years between the • The new § 300.203(c)(3) is SUPPLEMENTARY INFORMATION: We amend most recent fiscal year for which applicable to any fiscal year beginning the regulations governing the Assistance information is available and the fiscal on or after July 1, 2015, and addresses to States for Education of Children with year for which the LEA is budgeting; the level of effort an LEA must maintain Disabilities program and the Preschool and (ii) reasonably expects to take in the in a fiscal year after it fails to maintain Grants for Children with Disabilities fiscal year for which the LEA is effort, and the LEA is relying on a program. budgeting. combination of State and local funds, or On September 18, 2013, the Secretary • We added language in the combination of State and local funds published a notice of proposed § 300.203(a)(3) to clarify that on a per capita basis. The level of rulemaking (NPRM) in the Federal expenditures made from funds provided expenditures required of the LEA is the Register (78 FR 57324) to amend the by the Federal government for which amount that would have been required regulations in 34 CFR part 300 the State educational agency (SEA) is under paragraph (b)(2)(ii) or (iv) in the governing these programs. In the required to account to the Federal absence of that failure, not the LEA’s preamble to the NPRM, the Secretary government, or for which the LEA is reduced level of expenditures. discussed the changes being proposed to required to account to the Federal • We added language in § 300.203(d) the regulations governing the government directly or through the SEA, to clarify that, if an LEA fails to
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maintain its level of expenditures for Department of Education (Department) financial support, Congress did not the education of children with or other matters that are not germane, address what happens in a fiscal year disabilities, the SEA is liable in a such as requests for information about after an LEA fails to maintain effort. The recovery action for either the amount by innovative instructional methods or commenters, therefore, concluded that which the LEA failed to maintain its matters that are within the purview of Congress did not intend to provide for level of expenditures in that fiscal year State and local decision-makers. a Subsequent Years rule applicable to or the amount of the LEA’s Part B However, the Department intends to LEA MOE. subgrant in that fiscal year, whichever is issue guidance on LEA maintenance of Discussion: The Department lower. effort (MOE) and to continue to provide continues to believe that when an LEA • We made conforming changes to technical assistance to States to address fails to maintain its required level of §§ 300.204, 300.205, and 300.208. State-specific concerns. expenditures, the level of expenditures • We added a new ‘‘Appendix E to required in future fiscal years is the Part 300–Local Educational Agency The Subsequent Years Rule, amount that would have been required Maintenance of Effort Calculation § 300.203(c) in the absence of that failure, and not Examples’’. Throughout the Analysis of the LEA’s actual expenditures in the Comments and Changes, we reference Public Comment fiscal year in which it failed to meet the the Subsequent Years rule. The rule, as compliance standard. We formally In response to our invitation in the provided in final § 300.203(c), applies to adopted this interpretation in April NPRM, more than 300 parties submitted LEAs that fail to maintain effort and 2012, and it is based on a careful comments on the proposed regulations. provides that, in the fiscal year after an consideration of the statutory language, The perspectives of parents, individuals LEA fails to maintain effort, the level of structure, and purpose. See April 4, with disabilities, teachers, related effort the LEA must meet under 2012, letter to Ms. Kathleen Boundy, services providers, State and local § 300.203 is the level of effort that available at http://www2.ed.gov/policy/ officials, and others were very important would have been required in the speced/guid/idea/letters/2012-2/ in helping us identify where changes to absence of that failure, not the LEA’s index.html. the proposed regulations were necessary actual reduced level of expenditures. Section 613(a)(2)(B) and (C) of the and in formulating those changes. Comment: Some commenters IDEA (20 U.S.C. 1413(a)(2)(B) and (C)) Analysis of Comments and Changes supported the Subsequent Years rule, provides four exceptions and an which provides that, in the fiscal year adjustment that permit an LEA to An analysis of the comments and of after an LEA fails to maintain effort, the lawfully reduce its expenditures for the any changes in the regulations since level of effort it must meet under education of children with disabilities publication of the NPRM follows. We § 300.203 is the level of effort that when compared to the preceding fiscal group comments and our responses to would have been required in the year. The absence of an exception in the them by these subjects and sections: absence of that failure, not the LEA’s statute for the failure of an LEA to meet THE SUBSEQUENT YEARS RULE, actual reduced level of expenditures. the compliance standard in the § 300.203(c) Other commenters disagreed and preceding fiscal year strongly supports EFFECTIVE DATE asserted that the intent of the IDEA was that such a failure does not reduce the LEA COMPLIANCE, § 300.203(b) to ensure that LEAs not reduce their level of expenditures required in future Compliance Standard and Methodology level of expenditures for the education Comparison Year years. In light of the detail with which Exceptions and Adjustment of children with disabilities from the other exceptions are laid out in the Data Retention and Administration preceding fiscal year, regardless of statute, we believe that the IDEA’s LEA ELIGIBILITY, § 300.203(a) whether the LEA maintained effort in silence on the level of expenditures Eligibility Standard and Methodology the preceding fiscal year. required in the fiscal year after an LEA Comparison Year Some commenters expressed concern has failed to meet the compliance Exceptions and Adjustment that the Subsequent Years rule does not standard does not reflect an intent by SEA Review address the flexibility LEAs need as Congress to permit LEAs to benefit from Ineligibility State and Federal funding levels shrink FAILURE TO MAINTAIN EFFORT AND a violation of the IDEA. Indeed, CONSEQUENCE, § 300.203(d) and as the demographics and Congress included the Subsequent Years Legal Authority educational needs of their students vary rule in the 2014 Appropriations Act, Burden on SEAs from year to year. These commenters Public Law 113–76, 128 Stat. 5, 394 Calculating Penalties recommended revising the proposed (2014), and in the 2015 Appropriations MISCELLANEOUS COMMENTS regulation to permit an LEA to use the Act, Public Law 113–235, 128 Stat. Generally, we do not address: preceding fiscal year as the comparison 2130, 2499 (2014) and used language (a) Minor changes, including year to meet the compliance standard, substantially similar both to the technical changes made to the language regardless of whether the LEA met the language the Department used in the published in the NPRM; compliance standard in that year. NPRM and to the language in the (b) Suggested changes the Secretary is In addition, a few of these Subsequent Years subparagraph of the not legally authorized to make under commenters stated that the Subsequent maintenance of State financial support applicable statutory authority; Years rule is inconsistent with the IDEA provision in section 612(a)(18)(D) of the (c) Suggested changes that are beyond and referenced the Subsequent Years IDEA. These factors strongly support the the scope of the changes proposed in the provision in another section of the IDEA Department’s conclusion that the NPRM, including comments and related to State financial support. Subsequent Years rule reflects suggestions relating to the scope and Section 612(a)(18)(D) of the IDEA (20 congressional intent. meaning of the exceptions and U.S.C. 1412(a)(18)(D)). These Furthermore, allowing an LEA to adjustment in §§ 300.204 and 300.205, commenters stated that, while Congress permanently reduce spending for the except as those issues are directly provided an explicit requirement for education of children with disabilities related to the NPRM; and maintenance of State financial support by failing to comply with the IDEA in (d) Comments that express concerns in any fiscal year following a fiscal year a preceding fiscal year is inconsistent of a general nature about the U.S. in which a State failed to maintain State with the purpose of the MOE
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requirement, which is to ensure a children with disabilities. This result are published in the Code of Federal continuation of at least a certain level of would be contrary to the overall Register. Tables 1 through 4 provide non-Federal expenditures for the purpose of the IDEA, which is ‘‘to examples of how an LEA may comply education of children with disabilities, ensure that all children with disabilities with the Subsequent Years rule. Figures and would provide a long-term financial have available to them a free are in $10,000s. In Table 1, for example, incentive for noncompliance. appropriate public education.’’ Section an LEA spent $1 million in Fiscal Year We also believe that permitting an 601(d) of the IDEA (20 U.S.C. 1401(d)). (FY) 2012–2013 on the education of LEA to reduce expenditures for the To provide additional clarity on the children with disabilities.1 The education of children with disabilities Subsequent Years rule and other issues following year, the LEA was required to for reasons not specifically stated in the raised in comments the Department spend at least $1 million but spent only exceptions and adjustment in section received, we have included a number of 613(a)(2)(B) and (C) of the IDEA (20 tables in the Analysis of Comments and $900,000. In FY 2014–2015, therefore, U.S.C. 1413(a)(2)(B) and (C)) would Changes. In addition, we are including the LEA is required to spend $1 million, likely have a negative effect on the all of the tables in a new Appendix E the amount it was required to spend in amount and type of special education in order to ensure that they will be 2013–2014, not the $900,000 it actually and related services available for included when these final regulations spent.
TABLE 1—EXAMPLE OF LEVEL OF EFFORT REQUIRED TO MEET MOE COMPLIANCE STANDARD IN YEAR FOLLOWING A YEAR IN WHICH LEA FAILED TO MEET MOE COMPLIANCE STANDARD
Actual level of Required level Fiscal year effort of effort Notes
2012–2013 ...... $100 $100 LEA met MOE. 2013–2014 ...... 90 100 LEA did not meet MOE. 2014–2015 ...... 100 Required level of effort is $100 despite LEA’s failure in 2013–2014.
Table 2 shows how to calculate the consecutive fiscal years in which an required level of effort when there are LEA does not meet MOE.
TABLE 2—EXAMPLE OF LEVEL OF EFFORT REQUIRED TO MEET MOE COMPLIANCE STANDARD IN YEAR FOLLOWING CONSECUTIVE YEARS IN WHICH LEA FAILED TO MEET MOE COMPLIANCE STANDARD
Actual level of Required level Fiscal year effort of effort Notes
2012–2013 ...... $100 $100 LEA met MOE. 2013–2014 ...... 90 100 LEA did not meet MOE. 2014–2015 ...... 90 100 LEA did not meet MOE. Required level of effort is $100 despite LEA’s failure in 2013–2014. 2015–2016 ...... 100 Required level of effort is $100 despite LEA’s failure in 2013–2014 and 2014–2015.
Table 3 shows how to calculate MOE education of children with disabilities. required. The required level of effort in in a fiscal year after which an LEA spent This LEA spent $1.1 million in FY FY 2016–2017, therefore, is $1.1 more than the required amount on the 2015–2016 though only $1 million was million.
TABLE 3—EXAMPLE OF LEVEL OF EFFORT REQUIRED TO MEET MOE COMPLIANCE STANDARD IN YEAR FOLLOWING YEAR IN WHICH LEA MET MOE COMPLIANCE STANDARD
Actual level of Required level Fiscal year effort of effort Notes
2012–2013 ...... $100 $100 LEA met MOE. 2013–2014 ...... 90 100 LEA did not meet MOE. 2014–2015 ...... 90 100 LEA did not meet MOE. Required level of effort is $100 despite LEA’s failure in 2013–2014. 2015–2016 ...... 110 100 LEA met MOE. 2016–2017 ...... 110 Required level of effort is $110 because LEA expended $110, and met MOE, in 2015–2016.
Table 4 shows the same calculation 2016–2017, the LEA did not maintain when, in an intervening fiscal year, effort.
1 All references to a ‘‘fiscal year’’ in these regulations refer to the fiscal year covering that school year, unless otherwise noted.
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TABLE 4—EXAMPLE OF LEVEL OF EFFORT REQUIRED TO MEET MOE COMPLIANCE STANDARD IN YEAR FOLLOWING YEAR IN WHICH LEA DID NOT MEET MOE COMPLIANCE STANDARD
Actual level of Required level Fiscal year effort of effort Notes
2012–2013 ...... $100 $100 LEA met MOE. 2013–2014 ...... 90 100 LEA did not meet MOE. 2014–2015 ...... 90 100 LEA did not meet MOE. Required level of effort is $100 despite LEA’s failure in 2013–2014. 2015–2016 ...... 110 100 LEA met MOE. 2016–2017 ...... 100 110 LEA did not meet MOE. Required level of effort is $110 because LEA expended $110, and met MOE, in 2015–2016. 2017–2018 ...... 110 Required level of effort is $110, despite LEA’s failure in 2016–2017.
To increase understanding of, and relying on the same method to meet the period after the date on which these therefore compliance with, the eligibility or compliance standard in a regulations were published. The Subsequent Years rule, and to address subsequent year. beginning of the first grant award period Congress’s adoption of it for FYs 2014 The third paragraph, § 300.203(c)(3), after publication of these regulations is and 2015 (the fiscal years beginning on is also applicable beginning on July 1, now July 1, 2015. We have, therefore, July 1, 2014 and July 1, 2015, 2015, and sets out the Subsequent Years made July 1, 2015, the effective date of respectively) in the 2014 Appropriations rule for when an LEA failed to meet the these regulations. We believe this gives Act and 2015 Appropriations Act, we compliance standard using a SEAs and LEAs sufficient time to revise divided proposed § 300.203(c) into three combination of State and local funds, or their policies and procedures. This does paragraphs. a combination of State and local funds not mean, however, that the obligation The first, § 300.203(c)(1), states the on a per capita basis, in a preceding of an LEA to maintain effort, or to Subsequent Years rule for FYs 2014 and fiscal year, and the LEA is relying on the comply with the Subsequent Years rule, 2015, respectively, as provided by the same method to meet the eligibility or begins on that date. 2014 and 2015 Appropriations Acts. compliance standard in a subsequent To the contrary, as we previously Section 300.203(c)(1) states that if, in year. explained, the 2014 Appropriations Act the fiscal year beginning on July 1, 2013 Changes: We replaced proposed and the 2015 Appropriations Act made or July 1, 2014, an LEA fails to meet the § 300.203(c) with a clearer articulation the Subsequent Years rule applicable for requirements of § 300.203 in effect at of the Subsequent Years rule in three the grant year beginning on July 1, 2014, that time, the level of expenditures paragraphs, § 300.203(c)(1), (2), and (3). and July 1, 2015, respectively. On required of the LEA for the fiscal year Final § 300.203(c) accounts for the March 13, 2014, the Office of Special subsequent to the year of the failure is adoption of the Subsequent Years rule Education Programs (OSEP) issued a the amount that would have been for FY 2014 in the 2014 Appropriations letter to Chief State School Officers required in the absence of that failure, Act, and, for FY 2015 in the 2015 explaining the relevant provision of the not the LEA’s reduced level of Appropriations Act, but does not change 2014 Appropriations Act related to the expenditures. In short, the 2014 the substance of the Subsequent Years Subsequent Years rule, and stating that Appropriations Act requires the LEA to rule from what was proposed in the the provision was effective for Part B maintain effort, in 2014–2015, at the NPRM. grants awarded on July 1, 2014. See level that the LEA maintained in 2013– March 13, 2014 letter to Chief State Effective Date 2014, unless the LEA did not meet the School Officers, available at http:// effort required in that year. If it did not, Comment: Some commenters www2.ed.gov/policy/speced/guid/idea/ the LEA must maintain effort at the requested that the effective date of these memosdcltrs/lea-moe-3-13-14.pdf. level that the LEA should have regulations be extended to a date later Prior to that, in 2012, OSEP issued the maintained in 2013–2014, which is the than July 1, 2014, because SEAs and April 4, 2012, letter to Ms. Kathleen level from the preceding fiscal year, LEAs will need additional time to revise Boundy addressing this issue. In that 2012–2013. Similarly, the 2015 their policies and procedures. Several letter, the Department set out the Appropriations Act requires the LEA to commenters recommended that the Subsequent Years rule, which stated maintain effort, in 2015–2016, at the effective date be removed altogether, that the level of effort that an LEA must level that the LEA maintained in 2014– because the proposed regulations did meet in the year after it fails to maintain 2015, unless the LEA did not meet the not change LEAs’ existing obligation to effort is the level of effort that it should effort required in that year. If it did not, maintain effort, which, some have met in the preceding fiscal year the LEA must maintain effort at the commenters stated, dates to 1997. Those and not the LEA’s actual expenditures level that the LEA should have commenters stated that the proposed for that year. While these regulations maintained in 2014–2015, which is the July 1, 2014, effective date would permit codify this position, this has been the level from the preceding fiscal year, some LEAs that did not maintain effort Department’s interpretation of the 2013–2014. in a fiscal year prior to the fiscal year statute since the letter to Ms. Boundy The second paragraph, that begins on July 1, 2014, to take was issued. Therefore, the Department’s § 300.203(c)(2), is applicable beginning advantage of that failure. expectation is that SEAs and LEAs have on July 1, 2015, and sets out the Discussion: There appears to have been complying with this interpretation Subsequent Years rule for when an LEA been confusion among some since FY 2012–2013. failed to meet the compliance standard commenters about the effective date For FY 2012–2013, an LEA must have using local funds only, or local funds proposed in the NPRM. We proposed maintained at least the same level of only on a per capita basis, in a July 1, 2014, because that date was to be expenditures as it did in the preceding preceding fiscal year, and the LEA is the beginning of the first grant award fiscal year, FY 2011–2012, unless it did
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not meet the compliance standard in also have made conforming changes in required to meet the compliance that year. If it did not, the LEA must §§ 300.203(c), 300.204, 300.205, and standard for FY 2016–2017 using local determine what it should have spent in 300.208. funds only. Likewise, an LEA is not FY 2011–2012, which is the amount that Comment: Commenters raised many required to use the same method to meet it actually spent in the preceding fiscal questions and concerns about the four the eligibility standard in a subsequent year, FY 2010–2011. methods by which an LEA may meet the year that it used to meet the compliance The Department is unable, as some compliance standard. One commenter standard in a preceding fiscal year. For commenters suggest, to make these requested that the proposed regulations example, if an LEA met the compliance regulations effective back to 1997. The specifically list the four methods standard for FY 2016–2017 using a Department’s guidance about MOE prior available to LEAs. Some commenters combination of State and local funds, to April 2012 was not always consistent requested that the Department clarify the LEA is not required to meet the with the current interpretation. For that SEAs are required to allow LEAs to eligibility standard for FY 2017–2018 example, our 2011 letter to Dr. Bill East meet the compliance standard using any using a combination of State and local offered different guidance on the of the four methods. Other commenters funds. Subsequent Years rule. See June 16, stated that the proposed regulations An LEA may demonstrate that it 2011, letter to Dr. Bill East, available at emphasize meeting the MOE meets the eligibility standard using any http://www2.ed.gov/policy/speced/guid/ requirement using local funds only. of the four methods. Similarly, during idea/letters/2011-2/ Discussion: We agree that additional the course of an audit or other east061611partbmoe2q2011.pdf We clarification is needed regarding the compliance review, the LEA may cannot now fault an SEA or an LEA for four methods by which an LEA may demonstrate that it met the compliance following the Department’s earlier meet the compliance standard. We also standard using any of the four methods. guidance, and therefore cannot extend agree that listing the four methods Selecting a particular method does not the effective date of the rules back to individually in the compliance standard mean that the LEA did not meet the 1997. will make it easier to understand that an compliance standard using any of the Changes: The effective date of these LEA may meet the compliance standard other methods, or that the LEA cannot regulations is July 1, 2015. using any one of these four methods and rely on those other methods to identify Comment: One commenter requested that SEAs must permit LEAs to do so. the amount of expenditures it must Listing the four methods individually that we add a paragraph (d) to § 300.203 budget in order to meet the eligibility should also clarify that the regulations that would, in effect, provide that States standard in a future fiscal year. It simply do not emphasize meeting the could not determine that LEAs were out means that the LEA only has to meet the compliance standard using local funds of compliance with the MOE eligibility or compliance standard using only or local funds only on a per capita requirement for any fiscal year for one method. which the State had previously basis. Changes: We have revised final LEAs may meet the compliance determined the LEA to be in § 300.203(b)(2) to clarify that an LEA standard using alternate methods from compliance. year to year. For example, an LEA met Discussion: Because the Department meets the compliance standard if it does not reduce the level of expenditures for the compliance standard in FY 2016– may not impose retroactive the education of children with 2017 using all four methods. During a requirements on grantees, it is not disabilities made by the LEA from at compliance review, the LEA provided necessary to include in the final least one of the following sources below data to the SEA demonstrating that it regulations a separate provision the level of those expenditures from the met the compliance standard for that indicating that States and LEAs that same source for the preceding fiscal year using a combination of State and were determined to be in compliance year: (i) Local funds only; (ii) the local funds on a per capita basis. This with the regulations in effect at the time combination of State and local funds; data would be sufficient for the SEA to of the receipt of a grant or subgrant may (iii) local funds only on a per capita find that the LEA met the compliance rely on those determinations of basis; or (iv) the combination of State standard. Subsequently, the State compliance. The Department does not and local funds on a per capita basis. conducts an audit to determine if the expect States to revisit their compliance Comment: A few commenters LEA met the compliance standard in the determinations. requested clarification regarding next year, FY 2017–2018. The LEA Changes: None. whether and how LEAs may change provides information to the auditor that LEA Compliance, § 300.203(b) methods to establish compliance from demonstrates that it met the compliance one year to the next. A commenter standard in FY 2017–2018 using local Compliance Standard and Methodology asked whether an LEA must use the funds only. In order to demonstrate that Comment: Some commenters same method to meet the compliance it met the compliance standard using suggested that the regulation be revised standard in a fiscal year that it used to that method, the LEA provides to the to reflect the order of the process so that meet the eligibility standard for that auditor the amount of local funds only the eligibility standard is set out before same year. that the LEA spent for the education of the compliance standard. Discussion: LEAs may change children with disabilities in FY 2016– Discussion: We agree that the methods to establish compliance from 2017 and in FY 2017–2018 so that the eligibility standard should precede the one year to the next. Many LEAs will auditor is comparing each year’s compliance standard and that doing so meet the compliance standard for a expenditures using the same method. A will provide additional clarity. fiscal year using more than one method. further example can be found in Table Therefore, we have set out the eligibility An LEA is not required to use the same 5 below. standard in § 300.203(a) and the method to meet the compliance Changes: None. compliance standard in § 300.203(b). standard in a fiscal year that it used to Comment: Another commenter asked Changes: We have revised final meet the eligibility standard for that whether the LEA must use separate § 300.203(a) to specify the eligibility same year. For example, if an LEA meets thresholds for compliance using local standard and final § 300.203(b) to the eligibility standard for FY 2016– funds only as well as local funds only specify the compliance standard. We 2017 using local funds only, it is not on a per capita basis.
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Discussion: The LEA would compare Discussion: Tables 5 through 9 of the four methods. To meet the the amount of local funds only spent in address this comment. Table 5 provides compliance standard using a the comparison year and the year for an example of how an LEA may meet combination of State and local funds, or which it seeks to establish compliance. the compliance standard using alternate a combination of State and local funds The LEA is not required to maintain methods from year to year without using on a per capita basis, the LEA must effort on both an aggregate and a per the exceptions or adjustment in expend at least the same amount it did capita basis. For example, if the LEA §§ 300.204 and 300.205, and provides in FY 2016–2017 using either of those spent $100 in local funds only in FY information on the following scenario. methods, since it met the compliance 2016–2017 and had 10 children with In FY 2015–2016, the LEA meets the standard using those methods in FY disabilities, the LEA spent $10 in local compliance standard using all four 2016–2017. Or, if the LEA seeks to meet funds only on a per capita basis. methods. As a result, in order to the compliance standard using the other Assuming the LEA met MOE in FY demonstrate that it met the compliance 2016–2017 using those two methods, two methods available, local funds only standard using any one of the four or local funds only on a per capita basis, that is the amount ($10 per child with methods in FY 2016–2017, the LEA a disability) that the LEA would have to in FY 2017–2018, it must expend at must expend at least as much as it did least as much as it did in FY 2015–2016 spend in FY 2017–2018 in order to meet in FY 2015–2016 using that same using either of those methods. This is the compliance standard using local method. Because the LEA spent the because the LEA did not meet the funds only on a per capita basis, and same amount in FY 2016–2017 as it did compliance standard using local funds $100 is the aggregate amount that the in FY 2015–2016, calculated using a only or local funds only on a per capita LEA would have to spend in FY 2017– combination of State and local funds 2018 in order to meet the compliance and a combination of State and local basis in FY 2016–2017. In FY 2016– standard using local funds only, funds on a per capita basis, the LEA met 2017, to demonstrate that it met the assuming that, in FY 2017–2018, the the compliance standard using both of compliance standard using local funds LEA did not take any exceptions or those methods in FY 2016–2017. only, or local funds only on a per capita adjustment in §§ 300.204 and 300.205. However, the LEA did not meet the basis, the LEA is required to spend at As noted above, the LEA is required to compliance standard in FY 2016–2017 least the amount it expended in FY meet the compliance standard using using the other two methods–local 2015–2016 from those sources. Per the only one of the four methods. funds only or local funds only on a per Subsequent Years rule, the amount of Changes: None. expenditures from local funds only and Comment: A commenter noted that capita basis–because it did not spend at the tables in the NPRM did not address least the same amount in FY 2016–2017 local funds only on a per capita basis in the difficulties encountered by LEAs as it did in FY 2015–2016 using the FY 2015–2016 becomes the required that wish to use the exceptions and same methods. level of effort in FY 2017–2018. adjustment in §§ 300.204 and 300.205, In FY 2017–2018, the LEA may meet Numbers are in $10,000s spent for the or use per capita methods. the compliance standard using any one education of children with disabilities.
TABLE 5—EXAMPLE OF HOW AN LEA MAY MEET THE COMPLIANCE STANDARD USING ALTERNATE METHODS FROM YEAR TO YEAR
Combination Combination of Local funds of State and Fiscal year Local funds State and local only on a local funds Child count only funds per capita on a per basis capita basis
2015–2016 ...... * $500 * $950 * $50 * $95 10 2016–2017 ...... 400 * 950 40 * 95 10 2017–2018 ...... * 500 900 * 50 90 10 * LEA met compliance standard using this method.
Changes: We have not changed the ‘‘per capita,’’ which, in context, refers to of exceptions and the adjustment it regulation but we have included Tables the amount per child with a disability properly takes under §§ 300.204 and 5 through 9 to illustrate examples of served by the LEA, either in local funds 300.205 by the child count in the how an LEA may meet the compliance per child with a disability or a comparison year. The LEA must then or eligibility standard using alternate combination of State and local funds per subtract that result from the amount of methods from year to year, either with child with a disability. local funds only (or a combination of or without using the exceptions or When calculating the required level of State and local funds, as appropriate) on adjustment in §§ 300.204 and 300.205. effort on a per capita basis for the a per capita basis expended in the Comment: One commenter requested purpose of meeting the compliance comparison year. Using other methods clarification of the two per capita standard, the LEA must determine the to determine the required level of effort methods, one based on local funds only amount of local funds only (or a (e.g., dividing the required level of and one based on a combination of State combination of State and local funds, as aggregate effort using local funds only and local funds. applicable) on a per capita basis that it by the current year child count or Discussion: The regulations do not expended for the education of children dividing the exceptions and adjustment change the standards for meeting MOE with disabilities, and reduce that under §§ 300.204 and 300.205 properly using local funds only on a per capita amount by the exceptions or adjustment taken by an LEA by the current year basis or a combination of State and local in §§ 300.204 and 300.205 calculated on child count) may result in an inaccurate funds on a per capita basis. The a per capita basis. Specifically, the LEA calculation of the required level of regulations continue to use the term must first divide the aggregate amount effort.
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Table 6 provides an example of how year to year in years that the LEA used the per capita methods. Numbers are in an LEA may meet the compliance the exceptions or adjustment in $10,000s spent for the education of standard using alternate methods from §§ 300.204 and 300.205, including using children with disabilities. TABLE 6—EXAMPLE OF HOW AN LEA MAY MEET THE COMPLIANCE STANDARD USING ALTERNATE METHODS FROM YEAR TO YEAR AND USING EXCEPTIONS OR ADJUSTMENT UNDER §§ 300.204 AND 300.205
Combination of State Fiscal year Local funds only Combination of State Local funds only on a per capita basis and local funds on a Child and local funds per capita basis count
2015– 2016 ...... $500 * ...... $950 * ...... $50 * ...... $95 * ...... 10 2016– 2017 ...... $400 ...... $950 * ...... $40 ...... $95 * ...... 10 2017–2018 ...... $450 * ...... $1,000 * ...... $45 * ...... $100 * ...... 10 In 2017–2018, the LEA was re- In 2017–2018, the LEA was required to spend quired to spend at least the at least the same amount in local funds only same amount in local funds only on a per capita basis that it spent in the pre- that it spent in the preceding fis- ceding fiscal year, subject to the Subsequent cal year, subject to the Subse- Years rule. Therefore, prior to taking any ex- quent Years rule. Therefore, ceptions or adjustment in §§ 300.204 and prior to taking any exceptions or 300.205, the LEA was required to spend at adjustment in §§ 300.204 and least $50 in local funds only on a per capita 300.205, the LEA was required basis. to spend at least $500 in local In 2017–2018, the LEA properly reduced its funds only. aggregate expenditures, per an exception in In 2017–2018, the LEA properly re- § 300.204, by $50. duced its expenditures, per an $50/10 children with disabilities in the compari- exception in § 300.204, by $50, son year (2015–2016) = $5 per capita allow- and therefore, was required to able reduction per an exception under spend at least $450 in local § 300.204. funds only ($500 from 2015– $50 local funds only on a per capita basis 2016 per Subsequent Years (from 2015–2016 per Subsequent Years rule¥$50 allowable reduction rule)¥$5 allowable reduction per an excep- per an exception under tion under § 300.204 = $45 local funds only § 300.204). on a per capita basis to meet MOE. 2018–2019 ...... $405 ...... $1,000 * ...... $45 * ...... $111.11 * ...... 9 In 2018–2019, the LEA was re- Because the LEA did In 2018–2019, the LEA was required to spend Because the LEA did quired to spend at least the not reduce its ex- at least the same amount in local funds only not reduce its ex- same amount in local funds only penditures from the on a per capita basis that it spent in the pre- penditures from the that it spent in the preceding fis- comparison year ceding fiscal year, subject to the Subsequent comparison year cal year, subject to the Subse- (2017–2018) using a Years rule. Therefore, prior to taking any ex- (2017–2018) using a quent Years rule. Therefore, combination of State ceptions or adjustment in §§ 300.204 and combination of State prior to taking any exceptions or and local funds, the 300.205, the LEA was required to spend at and local funds on a adjustment in §§ 300.204 and LEA met MOE. least $45 in local funds only on a per capita per capita basis 300.205, the LEA was required basis. ($1,000/9 = $111.11 to spend at least $450 in local In 2018–2019, the LEA properly reduced its and $111.11 > funds only. aggregate expenditures, per an exception in $100), the LEA met In 2018–2019, the LEA properly re- § 300.204 by $10 and the adjustment in MOE. duced its expenditures, per an § 300.205 by $10. exception in § 300.204 by $10 $20/10 children with disabilities in the compari- and the adjustment in § 300.205 son year (2017–2018) = $2 per capita allow- by $10. able reduction per an exception and the ad- Therefore, the LEA was required to justment under §§ 300.204 and 300.205. spend at least $430 in local $45 local funds only on a per capita basis funds only. ($450 from 2017– (from 2017–2018)¥$2 allowable reduction 2018¥$20 allowable reduction per an exception and the adjustment under per an exception and the adjust- §§ 300.204 and 300.205 = $43 local funds ment under §§ 300.204 and only on a per capita basis required to meet 300.205). MOE. Actual level of effort is $405/9 (the current year child count). * LEA met MOE using this method. Note: When calculating any exception(s) and/or adjustment on a per capita basis for the purpose of determining the required level of effort, the LEA must use the child count from the comparison year, and not the child count of the year in which the LEA took the exception(s) and/or adjustment. When determining the actual level of effort on a per capita basis, the LEA must use the child count for the current year. For example, in determining the actual level of effort in 2018–2019, the LEA uses a child count of 9, not the child count of 10 in the comparison year.
Changes: We have not changed the another will affect the comparison year select the method it uses to determine regulation but we have revised Table 6 to be used in the future. that the LEA met the eligibility or to include the use of alternate methods Discussion: The SEA is responsible compliance standard. Ultimately, from year to year to meet the MOE for determining whether an LEA meets however, regardless of the method used requirements in years where the LEA the MOE eligibility standard in to make these determinations, an LEA is used the exceptions or adjustment. § 300.203(a) and for determining not precluded from selecting a different method to meet either the eligibility or Comment: One commenter asked whether an LEA meets the MOE compliance standard in a subsequent whether the LEA or the SEA selects the compliance standard in § 300.203(b). In year. method by which an LEA met the order to make this determination, the compliance standard if the LEA in fact SEA must permit the LEA to meet either Changes: None. met the standard using more than one standard using any of the four methods. Comment: A commenter suggested method. The commenter expressed If the LEA meets the standards using that the per capita calculation be concern that choosing one method over more than one method, the SEA may expanded to allow for either
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‘‘headcount’’ or a full-time equivalent disabilities. However, the Department Discussion: The Subsequent Years (FTE) because FTE is more closely believes that there are very few rule does not prevent an LEA from using related to the cost of services than instances where LEAs have expended any of the four methods to meet the headcount. $0 in local funds for the education of compliance standard in § 300.203(b), as Discussion: By referencing FTE, we children with disabilities. We remind demonstrated in Table 5. However, an assume that the commenter was LEAs that, when demonstrating that LEA that wishes to meet the compliance referring to using a per capita method of they meet the compliance and eligibility standard in a fiscal year using one calculating effort that measures the cost standards using any of the four particular method must be able to per hour of special education and methods, they must be able to provide identify the amount of funds that the related services an LEA provides to auditable data regarding their LEA expended in the most recent fiscal children with disabilities, rather than expenditures from the relevant sources year in which the LEA met the the amount spent per child with a in all relevant years. Simply because an compliance standard using that same disability, in a particular fiscal year. LEA does not account for local funds method. Using a measure that depends on the separately from State funds does not In the hypothetical posed by the cost of FTEs could allow LEAs to meet mean that the LEA expends $0 in local commenter (in which an LEA wished to MOE by reducing the number of hours funds for the education of children with meet the compliance standard using of special education and related services disabilities. We also remind LEAs that, local funds only on a per capita basis), an LEA provides to children with regardless of which method they use to the LEA would look to the preceding disabilities. We therefore decline to demonstrate that they meet the fiscal year and determine the amount of adopt this method of measuring effort. standards, they must continue to make expenditures for the education of This decision is consistent with the a free appropriate public education children with disabilities made by the position we have taken on the meaning (FAPE) available to all eligible children LEA with local funds only on a per of ‘‘per capita.’’ As explained in the with disabilities. capita basis. If the LEA could have met Analysis of Comments and Changes in Changes: None. the compliance standard using that the preamble to the 2006 IDEA Part B Comment: One commenter suggested method in the preceding fiscal year, the regulations, ‘‘[w]e do not believe it is that the MOE requirement be changed amount expended by the LEA using necessary to include a definition of ‘per from a dollar requirement to a local funds only on a per capita basis in capita’ . . . because we believe that, in requirement that LEAs maintain only the preceding fiscal year is the the context of the regulations, it is clear the same percentage of expenditures for minimum amount that the LEA must that we are using this term to refer to the the education of children with spend in order to meet the compliance amount per child with a disability disabilities compared to the overall standard in the current year using that served by the LEA.’’ See 71 FR 46540, education budget. method. 46624 (Aug. 14, 2006). Discussion: Section 613(a)(2)(A)(iii) of However, if the LEA could not have Changes: None. the IDEA (20 U.S.C. 1413(a)(2)(A)(iii)) met the compliance standard using local Comment: Some commenters asked states that, except as provided in section funds only on a per capita basis in the for clarification on how to determine the 613(a)(2)(B) and (C) of the Act, Part B preceding fiscal year, the Subsequent amount an LEA must spend in local funds provided to an LEA must not be Years rule applies. In that case, the LEA funds only or local funds only on a per used to reduce the level of expenditures must determine the amount of local capita basis to meet the compliance and for the education of children with funds only on a per capita basis that the eligibility standards if the LEA has disabilities made by the LEA below the LEA should have spent in the preceding never spent local funds for the level of those expenditures for the fiscal year in order to have met the education of children with disabilities preceding fiscal year. Substituting a compliance standard in that year. That in the past. The commenters asked requirement that an LEA not reduce the is the amount of local funds only on a whether these LEAs may use ‘‘zero’’ percentage of its total budget spent for per capita basis that the LEA will need local funds as the amount spent in the the education of children with to spend in the current year to meet the comparison year and noted that, if this disabilities would not ensure that the compliance standard. is the case, these LEAs will always meet LEA would meet the requirement in the Changes: None. the compliance and eligibility standards statute, which prohibits a reduction in Comment: A commenter suggested we using local funds only, even in years the level of expenditures for the reverse the order of the compliance when the level of expenditures for the education of children with disabilities, standard in proposed § 300.203(a)(2)(i) education of children with disabilities and not a percentage of the overall and (ii) so that the methods that made from a combination of State and education budget. In addition, this reference local funds only precede the local funds, or a combination of State approach does not provide protection methods that reference State and local and local funds on a per capita basis, is for children with disabilities when the funds. Another commenter lower than the level of those overall amount of the education budget recommended that the compliance expenditures in the comparison year. drops. Therefore, the Department standard in proposed § 300.203(a)(2) be Discussion: LEAs, including an LEA declines to make this change. rephrased in affirmative language. that has not spent any local funds for Changes: None. Discussion: As previously stated, we the education of children with Comment: A commenter stated that have revised final § 300.203(b)(2) disabilities since the MOE requirement the Subsequent Years rule does not (proposed § 300.203(a)(2)(i) and (ii)). was enacted in 1997, are permitted to permit an LEA to take into account that Therefore, the suggestion to reverse the use any of the four methods to meet the the LEA met the compliance standard order of proposed § 300.203(a)(2)(i) and compliance and eligibility standards. using a different method in a preceding (ii) is no longer applicable. These An LEA that has spent $0 in local funds fiscal year and would, for example, comments and analyses use affirmative for the education of children with prevent an LEA from meeting the language where appropriate. In disabilities can meet the compliance compliance standard using local funds addition, the Department intends to and eligibility standards by continuing only on a per capita basis if the LEA had issue guidance on these regulations and to budget and spend $0 in local funds used a different method in the plans to provide examples in that for the education of children with preceding fiscal year. guidance using affirmative language.
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Changes: None. meet the eligibility and compliance However, because we are adopting the Comment: One commenter standards, even if those local only, or Subsequent Years rule in § 300.203(c), recommended that the determination State and local, funds are also used to the Department is, in effect, defining that an LEA receives pursuant to section meet a matching requirement in the ‘‘the preceding fiscal year’’ to mean the 616 of the IDEA (20 U.S.C. 1416) be Medicaid program. We believe the last fiscal year in which the LEA met considered when deciding whether an regulations adequately address the MOE, regardless of whether the LEA is LEA met the MOE compliance standard expenditures that may be included in seeking to establish compliance based because that determination is based on the MOE calculations, and therefore on local funds only, or based on State IDEA Part B compliance requirements decline to add a new subsection and local funds. Because our change and is an indication that the LEA addressing specific budget and affects the comparison year for the MOE implemented the requirements of the expenditure categories. calculation using local funds only, the IDEA. Changes: None. provision in proposed Discussion: Section 616 of the IDEA Comparison Year § 300.203(a)(2)(iii), which addresses the includes provisions related to comparison year if the LEA has not monitoring, technical assistance, and Comment: We received many previously met the MOE compliance enforcement of the IDEA. Pursuant to comments about proposed standard based on local funds only, is section 616(a)(1)(C) of the IDEA and 34 § 300.203(a)(2)(ii), which provided that no longer necessary. CFR 300.600(a), each State must the comparison year for an LEA that With regard to the comment that the determine annually whether an LEA seeks to establish compliance using comparison year when using local funds meets the requirements and purposes of local funds only, or local funds only on only, or local funds only on a per capita the IDEA. The commenter’s suggestion a per capita basis, is ‘‘the most recent basis, will usually be the year of the is not consistent with section fiscal year for which the LEA met the highest level of local funds only 613(a)(2)(A)(iii) of the IDEA (20 U.S.C. MOE compliance standard based on expenditures, the final regulations at 1413(a)(2)(A)(iii)), which requires LEAs local funds only, even if the LEA also § 300.203(b)(2) provide that, regardless to maintain effort. Compliance with the met the MOE compliance standard of the method used, the comparison MOE provision is a distinct requirement based on State and local funds. . . .’’ year is always the preceding fiscal year. that cannot be met through compliance Some commenters stated that the However, the comparison year is subject with other IDEA requirements or comparison year must always be the to the Subsequent Years rule in through meeting results targets. ‘‘preceding fiscal year’’ because that is § 300.203(c), which means that, if the Changes: None. the language in the statute. Other LEA did not maintain effort in the Comment: One commenter commenters suggested that proposed preceding fiscal year using local funds recommended that we add a new subsection (a)(1) include the language only, the required amount to meet the subsection to proposed § 300.203 ‘‘even if the LEA also met the MOE MOE compliance standard using local entitled ‘‘Budget and Expenditure compliance standard based on State and funds only is the amount that would Categories’’ that would define or local funds. . . .’’ A few commenters have been required in the absence of reference the terms ‘‘education’’ and stated that, in almost all circumstances, that failure, and not the LEA’s reduced ‘‘related services.’’ The commenter the baseline for MOE when using level of local funds only expenditures. recommended that the regulations allow expenditures of local funds only will be Changes: We have revised final LEAs to compare either ‘‘education’’ the year of the highest level of § 300.203(b)(2) to specify that the expenditures or ‘‘education and related expenditures of local funds only, even comparison year, regardless of the services’’ expenditures to meet the if that level was not from the preceding method used, is the preceding fiscal compliance and eligibility standards. fiscal year, and even if the LEA met year. We also removed proposed The commenter stated that, in States MOE in the preceding fiscal year using § 300.203(a)(2)(iii). where certain federally-defined ‘‘related a different method. Comment: One commenter questioned services’’ are considered ‘‘education’’ Discussion: We agree with the the language in proposed pursuant to State law, an annual MOE commenters that, when an LEA seeks to § 300.203(a)(2)(i) and (ii) that permitted comparison of ‘‘education and related meet the compliance standard using LEAs to meet the compliance standard services’’ may be preferable. The local funds only, or local funds only on using local funds only and the commenter stated that, in that instance, a per capita basis, the comparison year combination of State and local funds. the match provided in order to receive should align with the language in The commenter stated that having two the Federal Medicaid reimbursement section 613(a)(2)(A)(iii) of the IDEA (20 standards imposes an unnecessary should be included in the calculation. U.S.C. 1413(a)(2)(A)(iii)), which is ‘‘the burden on SEAs and LEAs, which could Discussion: The Department disagrees preceding fiscal year.’’ Using the same result in additional misapplication of that the regulations should include comparison year for local funds only the MOE compliance standard. definitions of these terms. The terms and for State and local funds will Discussion: The Department agrees ‘‘special education’’ and ‘‘related simplify the requirement for LEAs, that proposed § 300.203(a)(2)(i) and (ii) services’’ are defined in §§ 300.39 and SEAs, and auditors, which should result could benefit from additional 300.34, respectively. When calculating in increased compliance and clarification and that confusion will not the amount an LEA spends for the enforcement. Therefore, we changed the promote compliance. Therefore, we education of children with disabilities, comparison year for meeting the have revised final § 300.203(b)(2) the LEA must include expenditures for compliance standard using local funds (proposed § 300.203(a)(2)(i) and (ii)) to related services, regardless of whether a only in proposed § 300.203(a)(2)(ii) to state the compliance standard more State considers certain federally-defined ‘‘the preceding fiscal year’’ from ‘‘the clearly. related services as education pursuant most recent fiscal year for which the However, the option to meet the to State law. LEAs must include the LEA met the MOE compliance standard compliance standard based on local amount of local only, or State and local, based on local funds only, even if the funds only or a combination of State funds spent for the education of LEA also met the MOE compliance and local funds is not new. The 1999 children with disabilities when standard based on State and local IDEA Part B regulations provided calculating the level of effort required to funds.’’ additional flexibility to LEAs in the
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event of increased funding from State 2017, the LEA must spend at least standards using any of the four sources by permitting LEAs to meet $2,025,000 if it chooses to use the same methods, provide adequate flexibility to MOE based on State and local funds, method of measuring expenditures LEAs. Therefore, these regulations do and the 2006 IDEA Part B regulations (before calculating any exceptions or not provide for waivers of LEA MOE. maintained that language. As explained adjustment in §§ 300.204 and 300.205 Changes: None. in the Analysis of Comments and that it takes in FY 2016–2017). Data Retention and Administration Changes in the preamble to the 1999 Changes: None. IDEA Part B regulations, if a State Comment: A commenter asked Comment: Commenters raised many increases funding to LEAs to reduce the whether exceptions taken pursuant to questions and concerns about whether fiscal burden on local government, an § 300.204 have to be specifically the proposed regulations would require LEA may not need to continue to put identified as reductions to State or local LEAs and SEAs to maintain data and the same amount of local funds toward expenditures and whether all information on expenditures. Some expenditures for the education of exceptions are allowable against local commenters raised concerns or children with disabilities in order to expenditures. questions about the number of years for meet the MOE requirement. See 64 FR Discussion: An LEA need not identify which LEAs and SEAs would have to 12406, 12571 (Mar. 12, 1999). However, the exceptions and adjustment in maintain information related to meeting if a State increases funding to an LEA, §§ 300.204 and 300.205 as applying the eligibility and compliance the LEA should not be able to replace specifically against State or local standards. One of these commenters any or all of its local funds with State expenditures. An LEA may apply the questioned how the MOE requirement funds unless the combination of State exceptions and the adjustment in interacts with State and local data and local funds is not at least equal to §§ 300.204 and 300.205 to meet the retention policies because, without the amount expended from the same compliance standard using any of the established time limits on how long the source in a preceding fiscal year (subject four methods. For an example of this data must be maintained, the to the Subsequent Years rule), as this calculation, see Table 6. requirement may conflict with those would result in reductions in Changes: None. policies. Several commenters expressed expenditures not contemplated by the Comment: One commenter requested concern about the requirement for LEAs statute. that the Department allow an LEA to and SEAs to have systems that maintain Changes: We have revised final reduce its required level of expenditures information on the reductions an LEA § 300.203(b)(2) to state the compliance if the increase in expenditures with took pursuant to §§ 300.204 and standard more clearly and to specify State and local funds, or local funds 300.205. Commenters were concerned that the comparison year, regardless of only, in the preceding fiscal year was about LEAs’ ability to track the the method used, is the preceding fiscal caused by a reduction in IDEA Part B allowable exceptions and adjustment year. funds. Some commenters stated that, as every year, and the cost of doing so, Federal funding fluctuates, LEAs need even if LEAs meet the MOE Exceptions and Adjustment additional flexibility to move dollars in requirement, and particularly if they are Comment: One commenter asked for and out of programs. required to go back an indefinite clarification of the relationship between Discussion: While it is unusual for number of years to examine the amount by which an LEA is IDEA Part B funds to be reduced, the information. Some commenters stated permitted to reduce its expenditures Department recognizes that this has that the proposed regulations would pursuant to §§ 300.204 and 300.205 and occurred in the past. Nevertheless, increase administrative costs if LEAs are the amount the LEA must spend to meet reductions in expenditures, other than required to track expenses by local and the compliance standard in a future those permitted by the exceptions and State sources separately. A few fiscal year. The commenter asked how adjustment in §§ 300.204 and 300.205, commenters asked what circumstances the threshold for future compliance are not permissible under the statute an LEA may take into account if it is using local funds only or a combination and regulations, even if the LEA required to go back more than five years of State and local funds is affected if an experienced decreased revenues. LEAs, to compare its expenditures (e.g., LEA reduces its expenditures in an therefore, must meet the eligibility and population shifts; State changes in amount less than the maximum amount compliance standards regardless of the funding formulas for special education; permitted by §§ 300.204 and 300.205. amount of their IDEA Part B subgrant. changes in poverty levels; statutory Discussion: The LEA’s actual level of Changes: None. structural changes that shift pension or expenditures for the education of Comment: A few commenters health care contributions from the children with disabilities in a preceding requested that the Department consider employer (LEA) to the employees). fiscal year, and not the reduced level of a provision in the regulations that Discussion: As an initial matter, in expenditures that the LEA could have would permit a waiver of the MOE accordance with 34 CFR 76.731, SEAs spent had it taken all of the exceptions requirement, and they noted that the and LEAs must keep records to show and the adjustment permitted by IDEA does not specifically prohibit their compliance with program §§ 300.204 and 300.205, is the level of MOE waivers. requirements, including the MOE expenditures required of the LEA in a Discussion: The statute does not requirement in § 300.203 and the future fiscal year (which may be affected include a waiver provision for LEA provisions for exceptions and by the Subsequent Years rule in MOE. Therefore, we believe that adding adjustment permitted in §§ 300.204 and § 300.203(c)). For example, in FY 2015– such a waiver would be inconsistent 300.205. SEAs and LEAs are subject to 2016, an LEA could have reduced its with the language and purpose of the the record retention requirements in 2 expenditures by $100,000 (from MOE requirement in section CFR 200.333, under which records must $2,100,000 to $2,000,000) by taking all 613(a)(2)(A)(iii) of the IDEA (20 U.S.C. generally be retained for three years of the exceptions permitted by 1413(a)(2)(A)(iii)). In addition, the from the day the grantee or subgrantee § 300.204. However, this LEA actually Department believes that the exceptions submits to the awarding agency its spent $2,025,000 in FY 2015–2016. and adjustment in §§ 300.204 and single or last expenditure report for that Therefore, this LEA only reduced its 300.205, and the ability to meet the period. Under 34 CFR 76.709, if SEAs or expenditures by $75,000. In FY 2016– MOE eligibility and compliance LEAs do not obligate all of their IDEA
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Part B grant or subgrant funds by the with disabilities as it spent in FY 2011– revision of training materials and end of the fiscal year for which Congress 2012. If the LEA did not meet the documentation that some States have appropriated the funds, they may compliance standard in FY 2011–2012, used for at least 15 years. obligate those funds during a carryover the LEA must, using that same method, Discussion: We understand that the period of one additional year. Therefore, determine what it should have spent in changes to the MOE regulations may SEAs and LEAs must generally keep FY 2011–2012, which is what it actually require changes to States’ policies and records to show compliance with the spent in FY 2010–2011. In addition, in procedures and may therefore also MOE requirement for a minimum of five this hypothetical, if the LEA reduces require revisions to their training years. SEAs and LEAs have the expenditures in FY 2016–2017 based on materials and documentation practices. discretion to keep the records longer an exception or adjustment permitted in However, we believe that the changes than the required retention period if §§ 300.204 and 300.205, the LEA must we are making to the regulations are necessary to meet State and local data have documentation that it properly necessary to increase understanding of, retention requirements. took the exception or adjustment. and compliance with, the MOE The Department recognizes that there Finally, neither the proposed nor the requirement. The Department will is confusion about the information and final regulations change the provide guidance on these regulations data that LEAs and SEAs must maintain circumstances under which an LEA may that will assist States in training LEAs in order to meet the eligibility and use the exceptions and adjustment in on the documentation needed to compliance standards. In addition to the §§ 300.204 and 300.205, nor do they demonstrate compliance with the MOE minimum five-year record retention impose additional data retention requirement. requirement discussed above, an LEA requirements on LEAs. The change in Changes: None. that wishes to retain the flexibility to circumstances raised by commenters, use any of the four methods to meet the such as shifts in funding formulas, or LEA Eligibility, § 300.203(a) MOE requirement in a particular fiscal changes that shift pension or health care Eligibility Standard and Methodology year must have data and information contributions from the State or LEA to that allow the LEA to determine the the employee, are not exceptions to the Comment: Commenters raised many amount of expenditures it made in the MOE requirement, and LEAs, therefore, questions and concerns related to the relevant comparison year using that would not be required to retain this four methods by which an LEA may same method. information to demonstrate compliance meet the eligibility standard. One An LEA that wishes to reduce its with the MOE requirement. commenter requested that the expenditures pursuant to the exceptions Changes: None. regulations specifically list the four and adjustment in §§ 300.204 and Comment: One commenter stated that, methods available to LEAs. Some 300.205 must have data and information if an LEA does not have information on commenters requested that the that demonstrate the LEA properly took the amount of ‘‘local funds only’’ Department clarify that SEAs are the exceptions and adjustment. expended for the education of children required to allow LEAs to meet the Unless the LEA failed to meet the with disabilities for a specified time eligibility standard using all four compliance standard in the preceding period, the LEA should not be able to methods. Other commenters stated that fiscal year, the LEA will need use the ‘‘local funds only’’ option to the proposed regulations emphasize information only from the preceding meet the eligibility and compliance meeting the MOE requirement using fiscal year to demonstrate compliance standards for that same time period. local funds only, rather than clarifying with the MOE requirement. However, if Discussion: We understand that, due that an LEA may meet the requirement the LEA did not meet the compliance to State or local fiscal systems, some through any of the four methods. standard in the preceding fiscal year, LEAs cannot distinguish between Discussion: We agree that additional the LEA will have to determine the expenditures made with State funds and clarification is needed regarding the proper comparison year. To do so, the those made with local funds. While the four methods by which an LEA may LEA must use the Subsequent Years rule regulations permit LEAs to use any one meet the eligibility standard. We also in § 300.203(c) and have information for of the four methods, the regulations do agree that listing the four methods that fiscal year, even if that fiscal year not require an LEA to separately individually in the eligibility standard falls outside of the five years required account for expenditures made with will clarify that an LEA may meet the for record retention. local funds and those made with State eligibility standard using any one of For example, an LEA that wishes to funds. However, regardless of the these four methods, and that SEAs must meet the compliance standard in FY method used, LEAs must be able to permit LEAs to do so. Listing the four 2016–2017 using a combination of State provide auditable data to document that methods individually should also and local funds must have information they met the eligibility and/or clarify that the regulations do not give on the amount of State and local funds compliance standards using that preference or greater weight to any of it expended for the education of method. Therefore, LEAs that are unable the four methods. children with disabilities in the to account for local funds only, or local Changes: We have revised final preceding fiscal year, which is FY 2015– funds only on a per capita basis, or that § 300.203(a)(1) (proposed § 300.203(b)) 2016. If the LEA did not meet the choose not to retain those records, will to specify that, for purposes of compliance standard using that method be unable to use those methods to meet establishing an LEA’s eligibility for an in FY 2015–2016, it must have the eligibility and compliance standards award for a fiscal year, the SEA must information from the proper comparison and instead must meet the eligibility determine that the LEA budgets, for the year. Since the Subsequent Years rule and compliance standards using either education of children with disabilities, requirement is effective, at the earliest, the combination of State and local funds at least the same amount, from at least for FY 2012–2013, the earliest fiscal or the combination of State and local one of the following sources, as the LEA year for which the LEA must have funds on a per capita basis. spent for that purpose from the same information is FY 2010–2011. This is Changes: None. source for the most recent fiscal year for because, in FY 2012–2013, the LEA Comment: One commenter expressed which information is available: (i) Local must have spent at least the same concern that the proposed changes to funds only; (ii) the combination of State amount for the education of children the regulations will require significant and local funds; (iii) local funds only on
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a per capita basis; or (iv) the methods the LEA uses to meet the be so far in the past that it will not combination of State and local funds on eligibility standard. provide a meaningful comparison. a per capita basis. Discussion: The Department Similarly, other commenters Comment: One commenter appreciates the comments and questions recommended including language that recommended that the Department that we received about the comparison limits how far back SEAs and LEAs retain the language in current year for the eligibility standard. We must look as a reference point for § 300.203(b)(1) requiring ‘‘at least the agree that the comparison year should comparison. same total or per capita amount . . . the be the same regardless of the method an Discussion: We do not agree with LEA spent . . . for the most recent prior LEA uses to meet the eligibility commenters who stated that the year for which information is available.’’ standard. comparison year should be ‘‘the The commenter objected that replacing Using the same comparison year for preceding fiscal year’’ because, at the ‘‘the most recent prior year’’ with ‘‘the local funds only and for the time most LEAs are budgeting for the most recent fiscal year’’ would narrow combination of State and local funds next fiscal year (the ‘‘budget year’’), the the regulation and not give LEAs the will simplify the requirement for LEAs, fiscal year preceding the budget year has opportunity to submit allowable SEAs, and auditors, and therefore not yet ended. Therefore, the LEA must exceptions for reduced expenditures should result in increased compliance look to the amount actually spent in that may have taken place multiple and enforcement. In addition, this is ‘‘the most recent fiscal year for which fiscal years ago. Other commenters consistent with how we changed the information is available’’ to determine supported the change from ‘‘most recent comparison year for the compliance the amount it must budget to meet the prior year’’ to ‘‘most recent fiscal year’’ standard using local funds only. eligibility standard. because the latter provides more clarity. Therefore, we have changed the We anticipate that ‘‘the most recent comparison year for meeting the fiscal year for which information is Discussion: We do not believe that the eligibility standard using local funds available’’ will be two years before the change from ‘‘most recent prior year’’ to only in proposed § 300.203(b)(2) from budget year and therefore will not be so ‘‘most recent fiscal year’’ has the effect ‘‘the most recent fiscal year for which far in the past as to preclude a on demonstrating eligibility that the information is available and the LEA meaningful comparison. We assume, for commenter attributes to it. The change met the MOE compliance standard example, that when an LEA is budgeting is not a substantive change, and merely based on local funds only, even if the for FY 2016–2017, the most recent fiscal aligns the language of the regulation to LEA also met the MOE compliance year for which final expenditure data the language of the statute, which uses standard based on State and local are available would be FY 2014–2015. ‘‘fiscal year’’ and does not use ‘‘prior funds’’ to ‘‘the most recent fiscal year However, because circumstances in year.’’ Section 613(a)(2)(A)(iii) of the for which information is available’’ in individual LEAs may vary, the IDEA (20 U.S.C. 1413(a)(2)(A)(iii)). final § 300.203(a)(1). However, because Department declines to include Nothing in this language prevents an we are adopting the Subsequent Years language in the regulations that limits LEA from reducing the amount of funds rule in § 300.203(c), the Department is, how far back SEAs and LEAs must go expended for the education of children in effect, defining ‘‘the most recent to identify a comparison year. with disabilities pursuant to the fiscal year for which information is Changes: None. exceptions in § 300.204 or adjustment in available’’ to mean the most recent fiscal Comment: A commenter asked what § 300.205. However, an LEA may not year in which the LEA met MOE and for comparison year an LEA would use to look back to a previous fiscal year and which it has information available, meet the eligibility standard in a fiscal claim exceptions for that fiscal year that regardless of whether the LEA is seeking year subsequent to a fiscal year (or it did not actually take during that fiscal to meet the eligibility standard based on years) when the LEA was not eligible year. For example, an LEA expended local funds only, or based on the for, or did not receive, an IDEA Part B $10,000 for the education of children combination of State and local funds. subgrant. with disabilities in FY 2014–2015. Because we have changed the Discussion: An LEA that seeks to During that fiscal year, the LEA could comparison year for local funds only, establish eligibility in a fiscal year have properly reduced its expenditures the provision in proposed subsequent to a fiscal year (or years) pursuant to exceptions in § 300.204 by § 300.203(b)(3), which addresses the when the LEA was not eligible, or did $500 but chose not to do so. In January comparison year if the LEA has not not receive, an IDEA Part B subgrant, 2016, the LEA is budgeting for the previously met the MOE compliance must use the comparison year in expenditures for the education of standard based on local funds only, is § 300.203(a)(1), which is ‘‘the most children with disabilities in order to no longer necessary. recent fiscal year for which information demonstrate eligibility for an IDEA Part Changes: We have revised final is available.’’ This is the case even if the B subgrant for FY 2016–2017. The most § 300.203(a)(1) (proposed most recent fiscal year for which recent fiscal year for which the LEA has § 300.203(b)(2)) to specify that the information is available is a fiscal year information is FY 2014–2015. The LEA comparison year, regardless of the during which the LEA was not eligible must budget $10,000 for the education method used, is the most recent fiscal for, or did not receive, an IDEA Part B of children with disabilities, and not year for which information is available. subgrant. $9,500. This is not a change in current We also removed proposed Changes: None. law. § 300.203(b)(3). Comment: A commenter asked Changes: None. Comment: Some commenters sought a whether, in order to meet the eligibility comparison year for the eligibility standard, an LEA must use the same Comparison Year standard that is the ‘‘preceding fiscal method it used to meet the compliance Comment: The Department received year’’ and objected to making the standard in the most recent fiscal year many comments about the comparison comparison year ‘‘the most recent fiscal for which information is available. year an LEA must use when meeting the year for which information is available.’’ Discussion: When establishing eligibility standard. Some commenters These commenters stated that the eligibility, an LEA is not required to use supported a comparison year that is the proposed regulation leaves open the the same method it used to meet the same regardless of which of the four possibility that the comparison year will compliance standard in the most recent
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fiscal year for which information is consideration the exceptions and least that amount (after taking into available. When an LEA is budgeting for adjustment in §§ 300.204 and 300.205, consideration the exceptions and the education of children with as permitted by § 300.203(a)(2)) in order adjustment in §§ 300.204 and 300.205, disabilities, the LEA selects a method by to meet the eligibility standard. as permitted by § 300.203(a)(2)) in order which it intends to meet the eligibility Pursuant to the Subsequent Years rule to meet the eligibility standard. standard. The LEA identifies the in § 300.203(c), if the LEA did not meet amount it spent for the education of the compliance standard using that Tables 7 and 8 demonstrate how an children with disabilities using that method in the most recent fiscal year for LEA could meet the eligibility standard same method in the most recent fiscal which information is available, the LEA over a period of years using different year for which information is available. determines the amount that the LEA methods from year to year. These tables If the LEA met the compliance standard should have spent for the education of assume that the LEA did not take any using the same method in the most children with disabilities using that of the exceptions or adjustment in recent fiscal year for which information same method in the most recent fiscal §§ 300.204 and 300.205. Numbers are in is available, the LEA must budget at year for which information is available. $10,000s budgeted and spent for the least that amount (after taking into In that case, the LEA must budget at education of children with disabilities.
TABLE 7—EXAMPLE OF HOW AN LEA MAY MEET THE ELIGIBILITY STANDARD IN 2016–2017 USING DIFFERENT METHODS
Combination Combination Local funds of State and Fiscal year Local funds of State and only on a local funds Child count Notes only local funds per capita on a per basis capita basis
2014–2015 ...... * $500 * $1,000 * $50 * $100 10 2015–2016 ...... Final information not available at time of budgeting for 2016–2017. How much must the LEA 500 1,000 50 100 ...... When the LEA submits a budget for budget for 2016–2017 to 2016–2017, the most recent fiscal meet the eligibility standard year for which the LEA has informa- in 2016–2017? tion is 2014–2015. It is not nec- essary for the LEA to consider infor- mation on expenditures for a fiscal year prior to 2014–2015 because the LEA maintained effort in 2014– 2015. Therefore, the Subsequent Years rule in § 300.203(c) is not ap- plicable. * The LEA met the compliance standard using all 4 methods.
TABLE 8—EXAMPLE OF HOW AN LEA MAY MEET THE ELIGIBILITY STANDARD IN 2017–2018 USING DIFFERENT METHODS AND THE APPLICATION OF THE SUBSEQUENT YEARS RULE
Combination Combination Local funds of State and Fiscal year Local funds of State and only on a local funds Child count Notes only local funds per capita on a per basis capita basis
2014–2015 ...... * $500 * $1,000 * $50 * $100 10 2015–2016 ...... 450 * 1,000 45 * 100 10 2016–2017 ...... Final information not available at time of budgeting for 2017–2018. How much must the LEA 500 1,000 50 100 ...... If the LEA seeks to use a combination budget for 2017–2018 to of State and local funds, or a com- meet the eligibility standard bination of State and local funds on in 2017–2018? a per capita basis, to meet the eligi- bility standard, the LEA does not consider information on expenditures for a fiscal year prior to 2015–2016 because the LEA maintained effort in 2015–2016 using those methods.
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TABLE 8—EXAMPLE OF HOW AN LEA MAY MEET THE ELIGIBILITY STANDARD IN 2017–2018 USING DIFFERENT METHODS AND THE APPLICATION OF THE SUBSEQUENT YEARS RULE—Continued
Combination Combination Local funds of State and Fiscal year Local funds of State and only on a local funds Child count Notes only local funds per capita on a per basis capita basis
However, if the LEA seeks to use local funds only, or local funds only on a per capita basis, to meet the eligi- bility standard, the LEA must use in- formation on expenditures for a fis- cal year prior to 2015–2016 because the LEA did not maintain effort in 2015–2016 using either of those methods, per the Subsequent Years rule. That is, the LEA must deter- mine what it should have spent in 2015–2016 using either of those methods, and that is the amount that the LEA must budget in 2017–2018. * LEA met MOE using this method.
Changes: None. fact that an SEA would be liable in a actually took in the comparison year, as Comment: A commenter stated that recovery action pursuant to section 452 permitted in §§ 300.204 and 300.205, because the SEA is responsible for of the General Education Provisions Act when calculating the amount of paying back funds if an LEA fails to (GEPA) (20 U.S.C. 1234a) does not affect expenditures for the education of maintain effort, it is better left to the the Department’s responsibility to children with disabilities in the most SEA to determine how LEAs must interpret the statute and issue recent fiscal year for which information demonstrate eligibility for an IDEA Part regulations on the MOE requirement or is available. The final regulations at B subgrant. the State’s responsibility to ensure that § 300.203(a)(1) continue to permit an Discussion: Section 613(a) of the IDEA LEAs meet the eligibility requirements. LEA to take into consideration the (20 U.S.C. 1413(a)) provides the Changes: None. exceptions and adjustment, as permitted in §§ 300.204 and 300.205. standard for an LEA’s eligibility for an Exceptions and Adjustment IDEA Part B subgrant. An LEA is eligible What the proposed rule did not do, for assistance under IDEA Part B in a Comment: Many commenters objected however, was permit an LEA to take fiscal year only if it submits a plan that to the eligibility standard in proposed into consideration exceptions or an provides assurances to the SEA that the § 300.203(b)(1), which would require an adjustment taken in the intervening LEA meets each of the conditions in LEA to budget, for the education of fiscal year(s) between the budget year section 613(a) of the IDEA, including an children with disabilities, at least the and the comparison year. The proposed assurance that amounts provided to the same total or per capita amount as the rule also did not permit an LEA to LEA will not be used, except as LEA spent for that purpose from the consider the exceptions and adjustment provided in the statutory exceptions and same source for the most recent fiscal that it reasonably anticipates taking in adjustment, to reduce the level of year for which information is available the budget year but that have not yet expenditures for the education of without permitting LEAs to take into occurred. children with disabilities made by the consideration the exceptions and We understand that an LEA will have LEA from local funds below the level of adjustment permitted in §§ 300.204 and information about exceptions and an those expenditures for the preceding 300.205. Some of these commenters adjustment that it took in the fiscal year. In addition, for the purpose recommended that proposed intervening year(s), even if the LEA does of establishing an LEA’s eligibility for § 300.203(b)(1) make explicit reference not have final information on an IDEA Part B subgrant in § 300.203(a), to the authorized exceptions and expenditures for that year(s). For the SEA must determine that the LEA adjustment in §§ 300.204 and 300.205. example, when an LEA is budgeting for budgets for the education of children In addition, some commenters asked the FY 2016–2017, the LEA knows that it with disabilities at least the same total Department to clarify how an LEA may took an exception under § 300.204 in FY or per capita amount as the LEA spent consider the exceptions and adjustment 2015–2016 that will permissibly lower for that purpose from the same source in §§ 300.204 and 300.205 when the amount the LEA was otherwise for the most recent fiscal year for which budgeting for the expenditures for the required to spend for the education of information is available. Because the education of children with disabilities. children with disabilities in FY 2015– IDEA statute and regulations specify Discussion: The commenters appear 2016 when compared to FY 2014–2015 that LEAs must meet these eligibility to have partially misread proposed (the most recent fiscal year for which requirements, it would be inconsistent § 300.203(b)(1), which did permit an the LEA has information). The LEA may with the IDEA to allow SEAs to use LEA to take into consideration the also reasonably anticipate that it will different eligibility requirements. The exceptions and adjustment that the LEA take an exception under § 300.204 in FY
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2016–2017, the budget year. We agree adjustment in the intervening fiscal adjustment in §§ 300.204 and 300.205 with the commenters that the eligibility year(s) and the budget year. Table 9 when budgeting for the expenditures for standard should permit LEAs to take provides an example of how an LEA the education of children with into consideration the exceptions and may consider the exceptions and disabilities.
TABLE 9—EXAMPLE OF HOW AN LEA MAY MEET THE ELIGIBILITY STANDARD USING EXCEPTIONS AND ADJUSTMENT IN §§ 300.204 AND 300.205, 2016–2017
Combination Combination Local funds of State and Fiscal year Local funds of State and only on a local funds Child count Notes only local funds per capita on a per basis capita basis
Actual 2014–2015 expendi- * $500 * $1,000 * $50 * $100 10 ...... The LEA met the compli- tures. ance standard using all 4 methods.* Exceptions and adjustment ¥50 ¥50 ¥5 ¥5 ...... LEA uses the child count taken in 2015–2016. number from the com- parison year (2014– 2015). Exceptions and adjustment ¥25 ¥25 ¥2.50 ¥2.50 ...... LEA uses the child count the LEA reasonably ex- number from the com- pects to take in 2016– parison year (2014– 2017. 2015). How much must the LEA 425 925 42.50 92.50 ...... When the LEA submits a budget to meet the eligi- budget for 2016–2017, bility standard in 2016– the most recent fiscal 2017? year for which the LEA has information is 2014– 2015. However, if the LEA has information on exceptions and adjust- ment taken in 2015– 2016, the LEA may use that information when budgeting for 2016– 2017. The LEA may also use information that it has on any exceptions and adjustment it rea- sonably expects to take in 2016–2017 when budgeting for that year.
However, we caution that, when the education of children with amounts budgeted to amounts expended taking into consideration the exceptions disabilities than it will need to expend in prior years.’’ These commenters and adjustment that the LEA took in the in order to meet the compliance stated that section 613(a) of the IDEA intervening fiscal year(s) for the purpose standard in that year. (20 U.S.C. 1413(a)) requires only of meeting the eligibility standard in the Changes: We added new assurances in an LEA’s application to budget year, the LEA does so without § 300.203(a)(2), which permits an LEA the State, rather than information that having final information on its to take into consideration, to the extent demonstrates its compliance with the expenditures for the education of the information is available, the MOE requirement, and that the children with disabilities in the exceptions and adjustment provided in requirement that an LEA have on file intervening fiscal year(s). That §§ 300.204 and 300.205 that the LEA: (i) with the SEA information to intervening fiscal year will be the Took in the intervening year or years demonstrate that the eligibility comparison year (subject to the between the most recent fiscal year for requirement has been met was Subsequent Years rule) for the purpose which information is available and the intentionally removed from the IDEA of meeting the compliance standard in fiscal year for which the LEA is Part B regulations after the 2004 the budget year. Accordingly, LEAs budgeting; and (ii) reasonably expects to reauthorization of the IDEA. Moreover, should also take into consideration take in the fiscal year for which the LEA these commenters stated that requiring information related to increased is budgeting. expenditures for the education of LEAs to submit a budget as part of the children with disabilities in the SEA Review eligibility process imposes undue intervening fiscal year(s) that would Comment: A few commenters burden on SEAs and LEAs, creating affect the amount the LEA must spend objected to the language in the NPRM additional paperwork and requiring in the budget year in order to meet the that ‘‘States will need to carefully more staff to provide oversight. One compliance standard in the budget year. review LEA applications, and compare commenter stated that the Department Otherwise, the LEA may budget less for
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must clarify whether a State must down by object codes or line items. The Comment: One commenter asked if an receive a detailed special education Department intends to issue guidance LEA must submit budget amendments budget from each LEA outlining how following the publication of these to the SEA if its expenditures change the LEA has taken the exceptions and regulations and will include during the year. adjustment in §§ 300.204 and 300.205 or information regarding the eligibility Discussion: No. Once an SEA has whether the State must receive an standard. determined an LEA’s eligibility for an overall budgeted amount from the LEA Changes: None. IDEA Part B subgrant, the LEA does not for the education of children with Comment: A commenter urged the need to provide amendments that reflect disabilities for the upcoming fiscal year. Department to clarify that, when changes in expenditures in order to Discussion: The requirement that, in reviewing an LEA’s application for an remain eligible for that year. order to find an LEA eligible for an IDEA Part B subgrant, an SEA may rely Changes: None. IDEA Part B subgrant award for a fiscal on information on expenditures for the year, an SEA must determine that the most recent fiscal year for which Comment: One commenter asked LEA has budgeted sufficient funds to information is available at the time the whether an LEA must describe in its meet the MOE eligibility standard is a LEA submits its application, rather than IDEA Part B subgrant application the regulatory requirement that has been in requiring the SEA to review information method it will use to meet the MOE effect since 1999 and was not removed on expenditures for a more recent fiscal eligibility standard. from the 2006 IDEA Part B regulations year than the one for which the LEA Discussion: Although these implementing the 2004 amendments to submits information to the SEA during regulations do not require an LEA to the IDEA. In 2006, the Department did the review of the LEA’s application. describe in its application the method remove the requirement that an LEA Discussion: The Department that it will use to meet the MOE have information on file with the SEA understands that, in some States, eligibility standard, an SEA may require to demonstrate that the LEA actually because of the timing of their fiscal this information, and the LEA is not met the MOE compliance standard. That years or for other State- or LEA-specific prohibited from providing that regulatory change was based on the reasons, after an LEA submits its information in its application. The SEA statutory change to section 613(a) made application for an IDEA Part B subgrant, must be able to determine that the LEA by the 2004 IDEA Amendments to the LEA submits information on meets the eligibility standard using at require LEAs to provide assurances, expenditures for a more recent fiscal least one of the four permissible rather than information demonstrating, year than the one for which it provided methods. As stated above, regardless of that the LEA meets each of the information in its application. SEAs which method it uses to meet the MOE conditions in section 613(a) of the IDEA. need not make multiple determinations eligibility standard, the LEA may use a However, in § 300.203(b)(1) of the 2006 of an LEA’s eligibility for an IDEA Part different method to meet the eligibility IDEA Part B regulations, the Department B subgrant for a given fiscal year. standard in a subsequent fiscal year. maintained the regulatory requirement However, the SEA must use, as a that the SEA determine whether the Changes: None. comparison year for the purpose of LEA has met the MOE eligibility Comment: A commenter stated that determining an LEA’s eligibility, the standard (i.e., has budgeted sufficient the proposed regulations created a new most recent fiscal year for which the funds for the education of children with requirement for auditors to compare the LEA has information. Accordingly, if, disabilities). The Department continues amounts budgeted to meet the MOE before the SEA determines the LEA’s to believe that the MOE eligibility eligibility standard in a given fiscal year eligibility for a given fiscal year, the standard is necessary because an LEA to the amounts spent in the comparison LEA submits to the SEA information on that has met the eligibility standard for year to meet the MOE compliance expenditures for a more recent fiscal a fiscal year is more likely to meet the standard. This commenter expressed year, the SEA must use that information MOE compliance standard for that same concern that anticipated budget in determining the LEA’s eligibility. fiscal year. amounts might not align with prior We do not believe that this Changes: None. expenditures. Comment: A commenter noted that requirement imposes an undue burden Discussion: Neither the proposed nor on SEAs or LEAs. Some SEAs already budget data submitted with an LEA’s application for an IDEA Part B subgrant the final regulations create a new audit use the IDEA Part B subgrant standard. The eligibility standard has application process to collect are often preliminary, and that, therefore, by the time the SEA always required a comparison of compliance data on MOE, and the amounts budgeted in a given fiscal year Department has learned through fiscal determines eligibility for an IDEA Part B subgrant, the LEA’s budget may have to amounts expended in the comparison monitoring that most SEAs already year. require LEAs to submit budget changed. information and are not relying on an Discussion: We recognize that, at the Changes: None. assurance to determine whether an LEA time some LEAs submit their Ineligibility has budgeted sufficient funds. In applications to the SEA for an IDEA Part addition, the SEA has the discretion to B subgrant, their budgets may be Comment: A few commenters determine the type and amount of preliminary. The SEA has the discretion requested clarification on the information that it must review in order to determine, based on the patterns and consequence of not meeting the MOE to be able to determine that the LEA has practices of its LEAs, whether an LEA eligibility standard. One commenter budgeted sufficient funds to meet the submitted reasonable budget data with asked if an SEA would be required to MOE eligibility standard. It is not its application. If, before it determines find an LEA ineligible for its IDEA Part necessary for the SEA to review a an LEA’s eligibility for an IDEA Part B B subgrant if the proposed LEA budget detailed budget, so long as the SEA has subgrant, an SEA finds that the budget does not meet the MOE eligibility sufficient information to determine if data have changed substantially, we standard. Another commenter asked for the LEA meets the eligibility standard. expect the SEA would require the LEA clarification on what happens to the For example, these regulations do not to update its application. IDEA Part B funds that are not awarded require LEAs to submit budgets broken Changes: None. to an LEA.
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Discussion: If an SEA determines that Discussion: The liability of the SEA in commenters stated that while an SEA is an LEA does not meet the MOE a recovery action if an LEA fails to meet able, through its oversight eligibility standard using any of the four the compliance standard is not new. responsibilities, to identify that an LEA methods in final § 300.203(a) (proposed The SEA is responsible for ensuring that has failed to meet its MOE obligation, § 300.203(b)), the SEA must provide LEAs receiving an IDEA Part B subgrant SEAs have no control over local notice that the LEA is not eligible for an comply with all applicable requirements budgets, and not all States have the IDEA Part B subgrant, as required by of that statute and its implementing fiscal resources to provide State funds to § 300.221(a). The SEA must also provide regulations, including the MOE help an LEA meet its MOE obligation. the LEA with reasonable notice and an requirement. If an LEA fails to meet the Some commenters stated that if an LEA opportunity for a hearing, pursuant to MOE requirement in a particular fiscal fails to maintain effort and is not able § 300.221(b). If the SEA determines that year, the Department has authority to to pay back funds to the SEA, the SEA the LEA is not eligible to receive a Part take steps to recover the appropriate will be required to absorb the financial B subgrant for that fiscal year, the SEA amount of funds from the SEA. loss and has no recourse because retains the amount of Part B funds that Section 452(a)(1) of GEPA (20 U.S.C. Federal funding cannot be reduced or the LEA would have received. 34 CFR 1234a(a)(1)) provides that the withheld from the LEA. Department may recover funds if a 300.227(a)(1). The SEA would then be Discussion: The Department grantee has made an unallowable required to provide special education appreciates the concern of some expenditure of funds or has otherwise and related services directly to children commenters that SEAs should not be failed to discharge its obligation to with disabilities residing in the area liable in a recovery action to return non- served by that LEA. 34 CFR account properly for funds under the grant. Under IDEA Part B, it is the State Federal funds because of an LEA’s 300.227(a)(1). failure to meet the MOE compliance Changes: None. (operating through the SEA), and not the LEA, that is the Department’s grantee. standard. However, as noted in the Legal Comment: None. As such, the authority granted to the Authority section of the Analysis of Discussion: Current § 300.203(b)(3) Department pursuant to GEPA Comments and Changes, the SEA provides that SEAs and LEAs may not specifically authorizes recovery of funds (acting on behalf of the State), not the consider any expenditures made from from the SEA. Section 453(a)(1) of GEPA LEA, is the grantee in the IDEA Part B funds provided by the Federal (20 U.S.C. 1234b(a)(1)) provides that the program. As a condition of eligibility for government for which the SEA and LEA measure of recovery in such a an IDEA Part B grant, States must are required to account to the Federal circumstance is an amount that is provide an assurance to the Department government in determining an LEA’s proportionate to the extent of the harm that the SEA is responsible for ensuring compliance with current § 300.203(a). that the violation caused to an that, among other things, all While the proposed regulations identifiable Federal interest associated requirements of Part B are met. Section included this requirement in the with the program under which the 612(a)(11)(A)(i) of the IDEA (20 U.S.C. compliance standard in proposed recipient received the award. An 1412(a)(11)(A)(i)). SEAs can minimize § 300.203(a)(3), the proposed regulations identifiable Federal interest includes, LEA noncompliance by carefully did not include this requirement in the but is not limited to, compliance with reviewing an LEA’s application for an eligibility standard. This was an expenditure requirements and IDEA Part B subgrant to determine if the oversight. To ensure that this conditions, such as maintenance of LEA meets the MOE eligibility standard, requirement applies to both the effort. Section 453(a)(2) of GEPA (20 by monitoring for compliance on a eligibility and compliance standards, we U.S.C. 1234b(a)(2)). Accordingly, when regular basis, and by providing added § 300.203(a)(3). an SEA fails to ensure that an LEA has technical assistance to LEAs. SEAs that Changes: We added new met the compliance standard in final find an LEA is failing to comply with § 300.203(a)(3) to require that § 300.203(b), the SEA, not the LEA, is the MOE requirement may take further expenditures made from funds provided liable in a recovery action under these enforcement action as provided in by the Federal government for which provisions for the amount by which the § 300.222. the SEA is required to account to the LEA failed to maintain its level of With respect to the concern raised by Federal government or for which the expenditures, or the amount of the some commenters that some SEAs may LEA is required to account to the LEA’s Part B IDEA subgrant, whichever be unable to absorb the loss because Federal government directly or through is lower. they do not have sufficient State funds, the SEA may not be considered in The SEA, in turn, following or because the SEA may not withhold determining whether an LEA meets the applicable State procedures, could seek Federal funds to an LEA that has failed eligibility standard in § 300.203(a)(1). reimbursement from the LEA. See July to meet the MOE compliance standard, 26, 2006, letter to Ms. Carol Ann Baglin, we remind States that they may seek Failure To Maintain Effort and available at http://www2.ed.gov/policy/ reimbursement of these amounts from Consequence, § 300.203(d) speced/guid/idea/letters/2006-3/ the LEA, to the extent permitted under Legal Authority baglin072606moe3q2006.pdf. The State law. Whether a State seeks Department has not included a recovery from an LEA is at the Comment: One commenter stated that provision permitting SEAs to seek discretion of the State. proposed § 300.203(d) is based on a reimbursement from LEAs because that Changes: None. misreading of section 452 of GEPA (20 is a matter of State law. U.S.C. 1234a). The commenter stated Changes: None. Comment: Some commenters stated that it is the responsibility of the LEA, that SEAs will be required to spend rather than the SEA, to return any Burden on SEAs additional administrative time funds. Another commenter asked if an Comment: Some commenters objected collecting funds, accounting for the SEA has the right to seek recovery of to proposed § 300.203(d) and stated that collection in their financial systems, funds from the LEA and requested that the consequence for a failure to meet the and returning funds to the Department. this right be included in the final MOE compliance standard should fall One of these commenters requested regulation. on the LEA and not the SEA. These clarification about the timeframe within
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which funds must be returned to the administrative details in these Comment: A commenter asked if the Department and the process for regulations. amount by which an LEA failed to meet returning funds (such as what Changes: None. the compliance standard could exceed identifying information to include on Calculating Penalties the amount of the LEA’s IDEA Part B the check, where to send it, and what subgrant received in the year of the supporting documentation to include). Comment: A few commenters failure. requested clarification of the definition Discussion: While it is possible that Discussion: There should be no of the ‘‘amount equal to the amount by the amount of a failure to meet the additional burden on, or expense to, an which the LEA failed to maintain its compliance standard may exceed the SEA as a result of codifying the level of expenditures’’ in proposed amount of the LEA’s IDEA Part B Department’s long-standing practice, § 300.203(d). One commenter asked how subgrant for the fiscal year in question, which is consistent with GEPA, into to determine the amount of the penalty the SEA’s liability to the Department final § 300.203(d). We added this if an LEA failed to meet the MOE cannot. This is because, as discussed provision to the final regulations not compliance standard. The commenter earlier, section 453(a)(1) of GEPA (20 because this is a change in law, but asked whether the SEA should U.S.C. 1234b(a)(1)) provides that the because the Department believes that determine the amount of the failure to measure of recovery in such a some SEAs and LEAs were not aware of be the lesser amount generated by the circumstance is proportionate to the the consequence of an LEA’s failure to four methods (after accounting for the extent of the harm that the violation meet the MOE compliance standard. We allowed exceptions and adjustment). caused to an identifiable Federal acknowledge that those SEAs that were Discussion: The ‘‘amount equal to the amount by which an LEA failed to interest associated with the program not aware of this requirement may need under which the recipient received the additional time to set up a process for maintain its level of expenditures’’ is determined by calculating the amount award. Under this circumstance, the returning funds to the Department and Federal interest associated with the taking any associated actions against an by which the LEA failed to meet the MOE compliance standard. Before IDEA Part B program is limited to the LEA that the SEA wishes to take. amount of the LEA’s IDEA Part B However, this is a long-standing determining the amount of the failure, the SEA must permit the LEA to use any subgrant (the total amount of the LEA’s requirement, and therefore, we expect subgrants under sections 611 and 619 of that SEAs already have a process in one of the four methods and to take the exceptions and the adjustment in the IDEA). place. The Department believes that §§ 300.204 and 300.205, where Table 10 provides examples of how to enforcement of the MOE requirement is permissible. The amount of the failure, calculate the amount by which an LEA critical to ensuring compliance. therefore, would be the smallest amount failed to maintain its level of The Department intends to provide generated by the four methods (after expenditures and of the amount of non- guidance on the process for returning accounting for the allowed exceptions Federal funds that an SEA must return funds but does not believe it is and adjustment). to the Department on account of that appropriate or necessary to include Changes: None. failure.
TABLE 10—EXAMPLE OF HOW TO CALCULATE THE AMOUNT OF AN LEA’S FAILURE TO MEET THE COMPLIANCE STANDARD IN 2016–2017 AND THE AMOUNT THAT AN SEA MUST RETURN TO THE DEPARTMENT
Combination Combination of State and Amount of Fiscal year Local funds of State and Local funds only on a per local funds on a per capita Child count IDEA Part B only local funds capita basis basis subgrant
2015–2016 ...... * $500 * $950 $50* ...... $95 * ...... Not relevant. 2016–2017 ...... 400 750 $40...... $75 ...... 10 $50. Amount by which 100 200 $100 (the amount of the fail- $200 (the amount of the fail- an LEA failed ure equals the amount of ure equals the amount of to maintain its the per capita shortfall the per capita shortfall level of expend- ($10) times the number of ($20) times the number of itures in 2016– children with disabilities in children with disabilities in 2017. 2016–2017 (10)). 2016–2017 (10)).
The SEA determines that the amount of the LEA’s failure is $100 using the calculation method that results in the lowest amount of a failure. The SEA’s liability is the lesser of the four calculated shortfalls and the amount of the LEA’s Part B subgrant in the fiscal year in which the LEA failed to meet the compliance standard. In this case, the SEA must return $50 to the Department because the LEA’s IDEA Part B subgrant was $50, and that is the lower amount. * LEA met MOE using this method.
Changes: We added language in LEA’s Part B subgrant in that fiscal year, education of children with disabilities § 300.203(d) to clarify that, if an LEA whichever is lower. below the level of those expenditures fails to maintain its level of Comment: A commenter suggested for the preceding fiscal year; therefore, expenditures for the education of that the phrase ‘‘up to the amount of the penalty should be no more than the children with disabilities, the SEA is IDEA funds spent in that year’’ be added IDEA Part B funds that the LEA spent liable in a recovery action for the to the end of proposed § 300.203(d) in a particular fiscal year. amount by which the LEA failed to because section 613(a)(2)(A)(iii) of the Discussion: The Department disagrees maintain its level of expenditures in IDEA (20 U.S.C. 1413(a)(2)(A)(iii)) states with the commenter who recommended that fiscal year, or the amount of the that an LEA shall not use these funds to that § 300.203(d) be changed to limit the reduce its level of expenditures for the amount of the penalty to the amount of
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IDEA Part B funds actually spent by the future years. In addition, the commenter have not permitted LEAs to use all four LEA in the fiscal year in which the LEA questioned whether losing access to methods to meet the eligibility or failed to meet the compliance standard. Federal dollars will be an incentive for compliance standard. Another State did Once an LEA accepts an IDEA Part B LEAs to use sound financial practices not allow LEAs to include local funds subgrant, the LEA is required to meet that are fair to all the students they spent for the education of children with the compliance standard in § 300.203(b), serve and to be better positioned to disabilities in its MOE calculations if and the amount of IDEA Part B funds provide FAPE in the least restrictive the LEA was also required to spend spent by the LEA in that fiscal year is environment for children with those funds to meet a Medicaid not relevant to the calculation of the disabilities. matching requirement. These actions MOE penalty. Discussion: The Department restrict the ability of LEAs to meet the Changes: None. appreciates, but disagrees with, these MOE requirement and may result in a Comment: Many commenters comments. LEAs that receive an IDEA finding of noncompliance by LEAs requested that proposed § 300.203(d) Part B subgrant must meet both the where none exists. Moreover, the incorporate language from the July 26, FAPE obligation and the MOE Department learned through fiscal 2006, letter to Baglin, which stated, requirement separately; the two monitoring that some States, prior to ‘‘Faced with a history of noncompliance provisions are not contingent on each awarding IDEA Part B subgrants, were with the MOE requirement, however, other. Regarding the comment not requiring LEAs to demonstrate that the SEA would need to carefully questioning the effectiveness of the they met the MOE eligibility standard. determine whether the LEA will meet consequence for failure to maintain In addition, as we stated in the NPRM, the MOE requirement in the coming effort, the Department notes that the some States identified noncompliance year (in which case a grant should be requirement to return funds based on an by LEAs with the MOE requirement and made), or whether the SEA should begin LEA’s failure to maintain effort is a returned non-Federal funds to the an administrative withholding action statutory requirement. Consistent with United States Treasury in the amount of [consistent with section 613(c) and (d) sections 452(a)(1) and (a)(2) and that failure but did not inform the of the IDEA] because it is not convinced 453(a)(1) of GEPA (20 U.S.C. 1234a(a)(1) Department of the failures, indicating that the LEA will meet the MOE and (a)(2) and 1234b(a)(1)) and long- that the number of failures to comply requirement for the new year.’’ The standing Department practice, an SEA is with the MOE requirement may be commenters stated that this language liable in a recovery action to pay the undercounted. Moreover, the would underscore the importance of Department, from non-Federal funds or Department learned, through its review SEA monitoring and oversight to ensure funds for which accountability to the of comments received in response to the implementation and compliance with Federal government is not required, the NPRM, that some States were not aware the MOE requirement. Another difference between the amount of local, that, if an LEA failed to meet the MOE commenter suggested that the or State and local, funds the LEA should compliance standard, the SEA was Department add a specific consequence have expended and the amount that it liable in a recovery action to return non- for LEAs that fail to comply with MOE actually did expend. Section 453(a)(1) of Federal funds to the Department in the for more than one fiscal year. GEPA (20 U.S.C. 1234b(a)(1)) provides amount of the failure. Accordingly, the Discussion: The Department agrees that the measure of recovery in such a Department does not believe that the that SEAs have a responsibility to circumstance is an amount that is lack of documentation of widespread ensure that LEAs meet the MOE proportionate to the extent of the harm MOE noncompliance necessarily leads eligibility and compliance standards. that the violation caused to an to the conclusion that States and LEAs However, §§ 300.221 and 300.222 identifiable Federal interest associated understand and comply with the MOE address what procedures the SEA must with the program under which the requirement. follow if the SEA determines that the recipient received the award. An Changes: None. LEA is not eligible or that an eligible identifiable Federal interest includes, Comment: Many commenters LEA is failing to comply with the MOE but is not limited to, compliance with supported the proposed changes to the requirement, and it is not necessary to expenditure requirements and MOE regulations because the changes duplicate those provisions in conditions, such as maintenance of would provide necessary clarification. § 300.203(d). We believe that effort. Section 453(a)(2) of GEPA (20 Other commenters stated that the § 300.203(d) provides an appropriate U.S.C. 1234b(a)(2)). Because the SEA in proposed regulations did not clarify the consequence for MOE failures that occur such a recovery action is required to MOE requirement. A few commenters in more than one fiscal year, because the return non-Federal funds, and not stated that the MOE requirement should penalty in § 300.203(d) applies in each Federal funds, the SEA and LEA are not be imposed only after the Department fiscal year in which the LEA fails to losing access to Federal IDEA Part B and Congress make an effort to maintain effort. Therefore, it is not funds. See 2 CFR 200.441. compensate school districts for the 40 necessary to add an additional Changes: None. percent of special education costs that consequence for such LEAs. the commenters say the States were Changes: None. Miscellaneous Comments promised when the IDEA was enacted. Comment: Some commenters stated Comment: A few commenters stated Discussion: We believe that the final that LEAs should not be penalized for that, because the Department regulations and the tables provided here MOE violations in the absence of acknowledged that MOE violations have clarify the MOE requirement. We evidence that the LEA has failed to not been extensive, a more restrained disagree with the view expressed by make FAPE available. Another regulatory approach is justified. commenters that the Department should commenter questioned the effectiveness Discussion: We disagree. In not issue and enforce MOE regulations of the consequence for MOE violations. determining whether there was a need until the maximum amount of the grant Specifically, the commenter asked what to revise the MOE regulations, OSEP a State receives is 40 percent of the evidence demonstrates that repayment found that at least 40 percent of States average per-pupil expenditure in public of Federal funds by an LEA leads to have policies and procedures that are elementary and secondary schools in increased compliance with the IDEA or not consistent with the MOE the United States. The Department has a greater ability to maintain effort in requirement. For example, many States no legal authority to condition
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compliance with the MOE requirement of children with disabilities because A detailed checklist of what needs to be on Congress’s providing a particular doing so will increase the LEA’s accounted for in LEAs’ budgets, a chart level of appropriations. The IDEA required level of effort in future years, that lays out how to meet the MOE requires that amounts provided to LEAs section 613(a)(2)(B) of the IDEA and its requirement, and examples that use shall not be used, except as allowed by implementing regulations in § 300.204 specific numbers. the exceptions and adjustment in include five exceptions that permit an Discussion: We appreciate the §§ 300.204 and 300.205, to reduce the LEA to reduce its required level of commenters’ suggestions for additional level of expenditures for the education expenditures. We believe these guidance. This Analysis of Comments of children with disabilities made by the exceptions, such as the termination of and Changes includes several tables to LEA from local funds below the level of costly expenditures for long-term assist States and LEAs. These tables also those expenditures for the preceding purchases, and the adjustment in have been included in new Appendix E fiscal year. § 300.205 provide LEAs sufficient to the regulations. In addition, the The Department believes that the flexibility to adjust their required level Department intends to issue guidance MOE regulations provide necessary of effort based on changed on the MOE requirement. clarification on, and therefore will circumstances. Changes: We have redesignated increase understanding by States and Changes: None. current Appendix E as new Appendix F. LEAs of, the MOE requirement, Comment: Some commenters stated We have added new Appendix E to including: The Subsequent Years rule, that the MOE regulations do not take include Tables 1 through 10, which are the eligibility and compliance into account the variety of fiscal systems included in the Analysis of Comments standards, the four methods available to in States and LEAs. The commenters and Changes. This appendix will be LEAs to meet the eligibility and expressed concern over the many State- published in the Code of Federal compliance standards, and the existing specific issues that need to be Regulations. exceptions and adjustment in independently addressed by OSEP or §§ 300.204 and 300.205. The that fall outside the scope of the Executive Orders 12866 and 13563 Department also believes that the MOE proposed regulation. Regulatory Impact Analysis requirement is consistent with, and Discussion: We believe that the promotes, the requirement that LEAs regulations provide sufficient direction Under Executive Order 12866, the make FAPE available to all eligible to States and LEAs regardless of their Secretary must determine whether this children with disabilities. fiscal systems. State-specific issues will regulatory action is ‘‘significant’’ and, Changes: None. be addressed by OSEP as needed. In therefore, subject to the requirements of Comment: Several commenters addition, the Department intends to the Executive order and subject to objected generally to the MOE issue guidance on the MOE requirement review by the Office of Management and requirement and raised a variety of and will continue to provide technical Budget (OMB). Section 3(f) of Executive concerns, including that the proposed assistance to States to address State- Order 12866 defines a ‘‘significant regulations encourage fraud, waste, and specific concerns, including those regulatory action’’ as an action likely to abuse because they encourage LEAs to related to the specifics of financial result in a rule that may— spend funds to meet the MOE systems. One source of technical (1) Have an annual effect on the requirement rather than to ensure that assistance will be the new Center for economy of $100 million or more or children with disabilities receive FAPE. IDEA Fiscal Reporting that OSEP adversely affect a sector of the economy, Other commenters stated a concern that awarded under the FY 2014 competition productivity, competition, jobs, the LEAs will submit budgets that have CFDA 84.373F. OSEP awarded the grant environment, public health or safety, or inflated or non-existent costs simply to to WestEd. The Center for IDEA Fiscal State, local, or tribal governments or demonstrate eligibility for an IDEA Part Reporting can be found at http:// communities in a material way (also B subgrant. A few commenters also cifr.wested.org/. This center will referred to as an ‘‘economically stated that the proposed regulations improve the capacity of State staff to significant’’ rule); create a disincentive for LEAs that wish collect and report accurate fiscal data to (2) Create serious inconsistency or to increase their expenditures for the meet the data collection requirements otherwise interfere with an action taken education of children with disabilities related to LEA MOE Reduction and or planned by another agency; for one-time, high-cost initiatives, Coordinated Early Intervening Services (3) Materially alter the budgetary because the district would be forced to (CEIS) and State Maintenance of impacts of entitlement grants, user fees, continue spending the same amount of Financial Support (State MFS); and or loan programs or the rights and funds in future years after the initiative increase States’ knowledge of the obligations of recipients thereof; or is completed. underlying fiscal requirements and the (4) Raise novel legal or policy issues Discussion: We do not believe that the calculations necessary to submit valid arising out of legal mandates, the regulations encourage fraud, waste, and and reliable data on LEA MOE/CEIS and President’s priorities, or the principles abuse because they encourage LEAs to State MFS. stated in the Executive order. spend funds to meet the MOE Changes: None. This final regulatory action is a requirement rather than to ensure that Comment: One commenter asked significant regulatory action subject to children with disabilities receive FAPE. whether the requirement regarding CEIS review by OMB under section 3(f) of State and local funds spent on the will be affected by the proposed Executive Order 12866. education of children with disabilities regulations. We have also reviewed these meet both the requirement to maintain Discussion: The provisions regarding regulations under Executive Order effort and the requirement to make CEIS in §§ 300.205(d) and 300.226 are 13563, which supplements and FAPE available to children with not affected by these regulations. explicitly reaffirms the principles, disabilities. Changes: None. structures, and definitions governing With respect to the comment that the Comment: A few commenters regulatory review established in MOE regulations create a disincentive recommended that the Department issue Executive Order 12866. To the extent for LEAs that wish to implement additional guidance to accompany the permitted by law, Executive Order temporary initiatives for the education final regulations. Suggestions included: 13563 requires that an agency—
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(1) Propose or adopt regulations only program regulations. Based on the found that at least 40 percent of States on a reasoned determination that their following analysis, the Secretary has have policies and procedures that are benefits justify their costs (recognizing concluded that the changes could result not consistent with how States should that some benefits and costs are difficult in reduced costs for States and LEAs to determine eligibility for, or compliance to quantify); the extent that increased understanding with, the MOE requirement. Most (2) Tailor its regulations to impose the of the MOE requirement and use of all notably, it appears that some States have least burden on society, consistent with four methods to demonstrate that LEAs not allowed LEAs to use all four obtaining regulatory objectives and, met MOE would result in States making methods to demonstrate that they have taking into account—among other things fewer repayments to the Department met the MOE requirement for purposes and to the extent practicable—the costs and seeking fewer recoveries from LEAs. of eligibility or compliance of cumulative regulations; However, there is also the potential for determinations, including the method (3) In choosing among alternative additional costs for States and LEAs to that allows the LEA to demonstrate that regulatory approaches, select those the extent that LEAs are required to it met the MOE requirement on the basis approaches that maximize net benefits increase expenditures in the year of local funds only. There is also some (including potential economic, following a failure to meet the MOE indication that States may have used an environmental, public health and safety, provisions under Part B of the Act or if incorrect comparison year when LEAs and other advantages; distributive a State or LEA incorrectly calculated made a local-to-local comparison. impacts; and equity); MOE in a preceding year. The Secretary In years in which States did not allow (4) To the extent feasible, specify believes that the benefits of ensuring the LEAs to use all four methods to performance objectives, rather than the that adequate resources are available to demonstrate they met MOE, it is behavior or manner of compliance a provide FAPE for children with possible that LEAs budgeted for, and regulated entity must adopt; and disabilities are likely to outweigh any expended, more than they would have (5) Identify and assess available costs to LEAs that violated the MOE if both States and LEAs had understood alternatives to direct regulation, requirement in the preceding year and that they had flexibility to use any of the including economic incentives—such as do not plan to restore funding in the four methods. In these instances, the user fees or marketable permits—to subsequent year to the level they should clarification made in the final encourage the desired behavior, or have maintained in the preceding year. regulations will result in a reduction in provide information that enables the future expenditures on the part of LEAs. public to make choices. Section 300.203 Additionally, in instances in which Executive Order 13563 also requires The effect of the final regulations on States did not appropriately allow the an agency ‘‘to use the best available LEAs will depend on: (1) The degree of LEAs to use any of the four methods in techniques to quantify anticipated understanding by States and LEAs about meeting MOE, the State may have present and future benefits and costs as the eligibility and compliance standards sought to recover funds from LEAs or accurately as possible.’’ The Office of and the ability that the LEAs have to made unnecessary repayments to the Information and Regulatory Affairs of meet one of four methods; and (2) the Department. Clarifying that all four OMB has emphasized that these likelihood that LEAs would violate the methods may be used for MOE techniques may include ‘‘identifying MOE requirement in any given year and determinations should result in States changing future compliance costs that seek to maintain funding at the reduced making fewer repayments to the might result from technological level in subsequent years. One possible Department and seeking fewer innovation or anticipated behavioral source of information that could be used recoveries from LEAs. changes.’’ to estimate the effect of the final Alternatively, in those cases in which We are issuing these final regulations regulations on LEAs is data on previous States may be allowing LEAs to use an only on a reasoned determination that findings of LEA violations. However, as incorrect comparison year when using their benefits justify their costs. In described in the Analysis of Comments the local funds only method, clarifying choosing among alternative regulatory and Changes section, the Department the comparison year may result in approaches, we selected those has limited information on LEA increased expenditures by LEAs. For approaches that maximize net benefits. violations. States are responsible for example, in its May 20, 2013 Alert Based on the analysis that follows, the monitoring LEA compliance with the Memorandum, the OIG raised concerns Department believes that these final MOE requirement and resolving any about the comparison years used by the regulations are consistent with the audit findings in this area, but States are State of California in determining MOE principles in Executive Order 13563. not required to report the number of compliance. According to that We also have determined that this LEAs that violated the MOE memorandum, the State used an regulatory action would not unduly requirement, the basis of the violations, incorrect comparison year when interfere with State, local, or tribal or the amount of funding involved. determining that two LEAs met the governments in the exercise of their Other sources of information on the MOE requirement using local funds governmental functions. likely effects of the final regulations are only method. Specifically, California audit reports and OSEP’s fiscal allowed the LEAs that had never relied Potential Costs and Benefits monitoring of States’ implementation of on local funds only to meet the MOE In accordance with both Executive the current regulations. OSEP’s fiscal requirement to use a comparison year orders, the Department has assessed the monitoring, in conjunction with the from three years earlier, instead of potential costs and benefits, both Department’s Office of Inspector requiring a comparison of expenditures quantitative and qualitative, of this General’s (OIG) audit findings and made with local funds only to the regulatory action. In conducting this reports, have identified a number of preceding fiscal year. In this case, the analysis, the Department examined the problems with State administration of clarification made by the final extent to which the changes made by the MOE requirement under the current regulations will require increased LEA these proposed regulations would add regulations, suggesting that there is expenditures. We do not know the to or reduce the costs to States, LEAs, confusion about the MOE requirement extent to which the use by States and and others, as compared to the costs of and a lack of clarity in the existing LEAs of incorrect comparison years has implementing the current Part B regulations. Specifically, OSEP has permitted lower expenditures than
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would be required under the final accordingly, approximately 14 percent expenditures that are otherwise required regulations, or, alternatively, the extent of the State’s LEAs were affected by to meet the MOE requirement by not to which using the incorrect comparison these audit findings. After reviewing more than 50 percent of the amount of year has resulted in higher additional materials provided by the the increased allocation. Since May expenditures. However, in general, the State that supported the application of 2011, States have been reporting the findings made during fiscal monitoring the MOE exceptions in § 300.204, the amount that each LEA received in an demonstrating that States are providing Department reduced the amount of its IDEA subgrant under section 611 or less flexibility to LEAs than is allowable determination to $289,501.76. The final section 619, whether the State had under the law suggest that the claim against Oklahoma was settled for determined that the LEA or educational clarifications included in these $217,126.32. service agency (ESA) had met the regulations would reduce costs for both We also searched the Federal Audit requirements of Part B of the IDEA, and LEAs and States. Clearinghouse for information about whether each LEA or ESA had reduced The regulations also specifically single audits of Federal awards its expenditures pursuant to § 300.205. address the level of expenditures conducted by States or private Data are available at http:// required by an LEA in the fiscal years accounting firms of LEAs that expend tadnet.public.tadnet.org/pages/712 following a fiscal year in which an LEA $500,000 or more in a year in Federal (Table 8 LEA-level files, revised 2/29/ violated the MOE requirement. award funds, as required by Office of 12, accessed 11/03/14). Specifically, the final regulations clarify Management and Budget (OMB) The data we have collected to date that, in a fiscal year following a fiscal Circular A–133. The Federal Audit include reductions taken in the year in year in which the LEA failed to meet Clearinghouse is located at the which LEAs were most likely to make MOE, the required level of expenditures following link: www.census.gov/econ/ reductions because of the availability of is the level of expenditures in the last overview/go1400.html. We searched for an additional $11.3 billion for formula fiscal year in which the LEA met the audit findings in response to area ‘‘G’’ grant awards under the Grants to States MOE requirement, not the reduced level of the compliance supplement to OMB program provided under the American of expenditures in the preceding fiscal Circular A–133, which relates to Recovery and Reinvestment Act of 2009 year (the Subsequent Years rule). ‘‘Matching, Level of Effort, and (ARRA). Because these additional funds We believe that this clarification in Earmarking,’’ for audits related to Code increased the annual allocation to most the regulations will improve State of Federal Domestic Assistance section LEAs in FFY 2009 over FFY 2008, LEAs administration of the program, and that 84.027 (funds awarded under section meeting conditions established by the it is consistent with the IDEA and in the 611 of the IDEA). Single audits of State and the Department were best interest of children with Federal awards are not available for all permitted to reduce the level of support disabilities. We do not expect this LEAs through the Federal Audit they would otherwise be required to change to have a significant impact on Clearinghouse, but there is information provide during SY 2009–2010 by up to LEA expenditures in the near term on single audits for 9,024 LEAs for FY 50 percent of the amount of the based on available data concerning the 2009, which represents approximately increase. extent of LEA violations and the 60 percent of LEAs. Of the 14,936 LEAs that received likelihood of future violations. Our search identified 25 audits that allocations under section 611 in FFY However, this change would eliminate contained findings related to section G 2008 and FFY 2009, States reported that the risk, under the current regulations, of the compliance supplement, four of 12,061 received increased allocations that State policy could permit LEAs that which were accompanied by audit under section 611 and met other reduce spending in violation of the reports that included questioned costs conditions so that they were eligible to MOE requirement to maintain the related to failure to achieve the required reduce their level of effort. Notably, reduced level of expenditures in MOE. Only two of the four audits only 4,237 LEAs (or 36 percent) subsequent years. specified amounts of questioned costs, reported that they reduced their level of The Department typically learns of an for $10,428 and $153,621.53, effort. If they met the conditions, LEAs LEA violation in conjunction with its respectively. Although these findings do were permitted to reduce effort by up to review of audit findings. In the not necessarily represent all violations 50 percent of the increase in their relatively few instances in which the of the MOE requirement, both the small allocation, but they typically reduced Department has issued program number and size of questioned costs spending only by 38 percent. determination letters to States related to failure to meet this Larger LEAs were more likely to concerning audit findings about LEA requirement suggest that MOE reduce expenditures than LEAs in failure to maintain the appropriate level violations are not extensive. Audit general. For the 100 largest LEAs, based of effort, most of the findings concerned findings for fiscal years 2007, 2008, on their FFY 2008 allocations under the absence of an effective State system 2010, and 2011 (to the extent available) section 611, 31 of the 51 LEAs that were for monitoring MOE rather than specific were generally consistent with the eligible to reduce expenditures actually MOE violations. findings for 2009. did so, and these LEAs reduced Since 2004, the only program Another source of information for expenditures by an average of 73 determination letter that identified estimating the likelihood of future MOE percent of the allowable amount. specific questioned costs for LEA failure violations are data on the extent to Of the 4,237 LEAs that reported to meet MOE involved Oklahoma. In which LEAs have reduced expenditures reducing expenditures, only 32 had December 2006, the Department issued pursuant to the new flexibility provided been determined to have not met the a program determination letter to the in the 2004 amendments to the IDEA. requirements of IDEA Part B and may Oklahoma SEA seeking recovery of Pursuant to section 613(a)(2)(C) of the have violated the MOE requirement, $583,943.29 expended under IDEA Part IDEA, for any fiscal year in which an unless one of the exceptions to the MOE B due to audit findings that 76 LEAs LEA receives an allocation under requirement in § 300.204 were had not met their required level of effort section 611(f) that exceeds its allocation applicable. The combined amount of for funds in Federal fiscal Year (FFY) for the previous fiscal year, an LEA that MOE reductions for these LEAs was 2003. In School Year (SY) 2009–2010, otherwise meets the requirements of the $19,304,506, with a median reduction of Oklahoma reported having 532 LEAs; IDEA may reduce the level of $745. One of these LEAs reported a
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reduction of $18,358,631, which regulations would not impose List of Subjects in 34 CFR Part 300 represents 41 percent of the increase in additional information collection Administrative practice and that LEA’s allocation from the previous requirements. procedure, Education of individuals year; but the reductions that were taken Intergovernmental Review with disabilities, Elementary and by the remaining LEAs were relatively secondary education, Equal educational small. This program is subject to the opportunity, Grant programs— The combined amount by which requirements of Executive Order 12372 education, Privacy, Private schools, eligible LEAs in the 50 States, the and the regulations in 34 CFR part 79. Reporting and recordkeeping District of Columbia, and Puerto Rico One of the objectives of the Executive requirements. could have reduced their level of effort order is to foster an intergovernmental in SY 2009–2010 was $5.6 billion, but partnership and a strengthened Dated: April 9, 2015. the actual combined reduction was only federalism. The Executive order relies Arne Duncan, 27 percent of that amount, or $1.5 on processes developed by State and Secretary of Education. billion. Because most LEAs did not local governments for coordination and For the reasons discussed in the reduce expenditures when they had an review of proposed Federal financial preamble, the Secretary amends part opportunity to do so, which would have assistance. 300 of title 34 of the Code of Federal led to an allowable reduction of their This document provides early Regulations as follows: level of effort required in future years, notification of the Department’s specific it is reasonable to assume that a smaller plans and actions for this program. PART 300—ASSISTANCE TO STATES number of LEAs would undertake FOR THE EDUCATION OF CHILDREN reductions that constitute violations of Assessment of Educational Impact WITH DISABILITIES the MOE requirement. We believe that In the NPRM we requested comments ■ 1. The authority citation for part 300 it is highly unlikely that the 4,205 LEAs on whether the proposed regulations is revised to read as follows: that met the requirement of section would require transmission of 613(a)(2)(C) of the IDEA and reduced information that any other agency or Authority: 20 U.S.C. 1221e–3, 1406, 1411– their level of effort would seek further authority of the United States gathers or 1419, 3474, unless otherwise noted. reductions that would violate the MOE makes available. ■ 2. Section 300.203 is revised to read requirement because they legitimately Based on the response to the NPRM as follows: lowered their own required level of and on our review, we have determined effort when they made those previous that these final regulations do not § 300.203 Maintenance of effort. reductions. require transmission of information that (a) Eligibility standard. (1) For Based on available audit findings and any other agency or authority of the purposes of establishing the LEA’s data, the Department believes that LEAs United States gathers or makes eligibility for an award for a fiscal year, generally are unlikely to reduce available. the SEA must determine that the LEA expenditures in violation of the MOE Accessible Format: Individuals with budgets, for the education of children requirement. Moreover, we believe that disabilities can obtain this document in with disabilities, at least the same the requirement that LEAs make FAPE an accessible format (e.g., braille, large amount, from at least one of the available to all eligible children with print, audiotape, or compact disc) on following sources, as the LEA spent for disabilities provides another critical request to the program contact person that purpose from the same source for protection against unwarranted listed under FOR FURTHER INFORMATION the most recent fiscal year for which reductions of expenditures to support CONTACT. information is available: education for children with disabilities. Electronic Access to This Document: (i) Local funds only; However, to ensure that State policy and The official version of this document is (ii) The combination of State and local administration of the MOE requirement the document published in the Federal funds; are consistent with the Department’s (iii) Local funds only on a per capita Register. Free Internet access to the position on the required level of future basis; or official edition of the Federal Register expenditures in cases of LEA violations, (iv) The combination of State and and the Code of Federal Regulations is we think that it is critical to change the local funds on a per capita basis. regulations to clearly articulate the available via the Federal Digital System (2) When determining the amount of Department’s interpretation of the law. at: www.gpo.gov/fdsys. At this site you funds that the LEA must budget to meet can view this document, as well as all the requirement in paragraph (a)(1) of Paperwork Reduction Act of 1995 other documents of this Department this section, the LEA may take into Under the Paperwork Reduction Act published in the Federal Register, in consideration, to the extent the of 1995 (44 U.S.C. 3501–3520), we have text or Adobe Portable Document information is available, the exceptions assessed the potential information Format (PDF). To use PDF you must and adjustment provided in §§ 300.204 collections in these proposed have Adobe Acrobat Reader, which is and 300.205 that the LEA: regulations that would be subject to available free at the site. (i) Took in the intervening year or review by OMB (Report on IDEA Part B You may also access documents of the years between the most recent fiscal Maintenance of Effort Reduction Department published in the Federal year for which information is available (§ 300.205(a)) and Coordinated Early Register by using the article search and the fiscal year for which the LEA is Intervening Services (§ 300.226)) feature at: www.federalregister.gov. budgeting; and (Information Collection 1820–0689). In Specifically, through the advanced (ii) Reasonably expects to take in the conducting this analysis, the search feature at this site, you can limit fiscal year for which the LEA is Department examined the extent to your search to documents published by budgeting. which the amended regulations would the Department. You may also view this (3) Expenditures made from funds add information collection requirements document in text or PDF at the provided by the Federal government for for public agencies. Based on this following site: idea.ed.gov. which the SEA is required to account to analysis, the Secretary has concluded (Catalog of Federal Domestic Assistance the Federal government or for which the that these amendments to the Part B Number 84.181) LEA is required to account to the
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Federal government directly or through not the LEA’s reduced level of Office of Management and Budget under the SEA may not be considered in expenditures. control number 1820–0600) determining whether an LEA meets the (2) If, in any fiscal year beginning on (Authority: 20 U.S.C. 1413(a)(2)(A), Pub. L. standard in paragraph (a)(1) of this or after July 1, 2015, an LEA fails to 113–76, 128 Stat. 5, 394 (2014), Pub. L. 113– section. meet the requirement of paragraph 235, 128 Stat. 2130, 2499 (2014)) (b) Compliance standard. (1) Except (b)(2)(i) or (iii) of this section and the § 300.204 [Amended] as provided in §§ 300.204 and 300.205, LEA is relying on local funds only, or funds provided to an LEA under Part B local funds only on a per capita basis, ■ 3. Section 300.204 is amended by of the Act must not be used to reduce to meet the requirements of paragraph removing, from the introductory text, the level of expenditures for the (a) or (b) of this section, the level of the citation ‘‘§ 300.203(a)’’ and adding, education of children with disabilities expenditures required of the LEA for the in its place, the citation ‘‘§ 300.203(b)’’. made by the LEA from local funds fiscal year subsequent to the year of the § 300.205 [Amended] below the level of those expenditures failure is the amount that would have for the preceding fiscal year. been required under paragraph (b)(2)(i) ■ 4. Section 300.205 is amended by (2) An LEA meets this standard if it or (iii) in the absence of that failure, not removing, from paragraph (a), both does not reduce the level of the LEA’s reduced level of expenditures. instances of the citation ‘‘§ 300.203(a)’’, expenditures for the education of (3) If, in any fiscal year beginning on and adding, in both places, the citation children with disabilities made by the or after July 1, 2015, an LEA fails to ‘‘§ 300.203(b)’’. LEA from at least one of the following meet the requirement of paragraph § 300.208 [Amended] sources below the level of those (b)(2)(ii) or (iv) of this section and the ■ expenditures from the same source for LEA is relying on the combination of 5. Section 300.208 is amended by the preceding fiscal year, except as State and local funds, or the removing, from paragraph (a), the provided in §§ 300.204 and 300.205: combination of State and local funds on citation ‘‘300.203(a)’’ and adding, in its (i) Local funds only; a per capita basis, to meet the place, the citation ‘‘300.203(b)’’. (ii) The combination of State and local requirements of paragraph (a) or (b) of Appendix E to Part 300 [Redesignated as funds; this section, the level of expenditures Appendix F to Part 300] (iii) Local funds only on a per capita required of the LEA for the fiscal year ■ 6. Appendix E to part 300 is basis; or subsequent to the year of the failure is redesignated as Appendix F to part 300. (iv) The combination of State and the amount that would have been ■ 7. A new Appendix E is added to read local funds on a per capita basis. required under paragraph (b)(2)(ii) or as follows: (iv) in the absence of that failure, not the (3) Expenditures made from funds Appendix E To Part 300—Local LEA’s reduced level of expenditures. provided by the Federal government for Educational Agency Maintenance of which the SEA is required to account to (d) Consequence of failure to Effort Calculation Examples the Federal government or for which the maintain effort. If an LEA fails to LEA is required to account to the maintain its level of expenditures for The following tables provide examples of Federal government directly or through calculating LEA MOE. Figures are in the education of children with $10,000s. All references to a ‘‘fiscal year’’ in the SEA may not be considered in disabilities in accordance with these tables refer to the fiscal year covering determining whether an LEA meets the paragraph (b) of this section, the SEA is that school year, unless otherwise noted. standard in paragraphs (b)(1) and (2) of liable in a recovery action under section Tables 1 through 4 provide examples of this section. 452 of the General Education Provisions how an LEA complies with the Subsequent (c) Subsequent years. (1) If, in the Act (20 U.S.C. 1234a) to return to the Years rule. In Table 1, for example, an LEA fiscal year beginning on July 1, 2013 or Department, using non-Federal funds, spent $1 million in Fiscal Year (FY) 2012– July 1, 2014, an LEA fails to meet the an amount equal to the amount by 2013 on the education of children with requirements of § 300.203 in effect at which the LEA failed to maintain its disabilities. In the following year, the LEA was required to spend at least $1 million but that time, the level of expenditures level of expenditures in accordance spent only $900,000. In FY 2014–2015, required of the LEA for the fiscal year with paragraph (b) of this section in that therefore, the LEA was required to spend $1 subsequent to the year of the failure is fiscal year, or the amount of the LEA’s million, the amount it was required to spend the amount that would have been Part B subgrant in that fiscal year, in FY 2013–2014, not the $900,000 it actually required in the absence of that failure, whichever is lower. (Approved by the spent.
TABLE 1—EXAMPLE OF LEVEL OF EFFORT REQUIRED TO MEET MOE COMPLIANCE STANDARD IN YEAR FOLLOWING A YEAR IN WHICH LEA FAILED TO MEET MOE COMPLIANCE STANDARD
Actual level Required level Fiscal year of effort of effort Notes
2012–2013 ...... $100 $100 LEA met MOE. 2013–2014 ...... 90 100 LEA did not meet MOE. 2014–2015 ...... 100 Required level of effort is $100 despite LEA’s failure in 2013–2014.
Table 2 shows how to calculate the consecutive fiscal years in which an LEA required amount of effort when there are does not meet MOE.
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TABLE 2—EXAMPLE OF LEVEL OF EFFORT REQUIRED TO MEET MOE COMPLIANCE STANDARD IN YEAR FOLLOWING CONSECUTIVE YEARS IN WHICH LEA FAILED TO MEET MOE COMPLIANCE STANDARD
Actual level Required level Fiscal year of effort of effort Notes
2012–2013 ...... $100 $100 LEA met MOE. 2013–2014 ...... 90 100 LEA did not meet MOE. 2014–2015 ...... 90 100 LEA did not meet MOE. Required level of effort is $100 despite LEA’s failure in 2013–2014. 2015–2016 ...... 100 Required level of effort is $100 despite LEA’s failure in 2013–2014 and 2014–2015.
Table 3 shows how to calculate the the required amount on the education of million was required. The required level of required level of effort in a fiscal year after children with disabilities. This LEA spent effort in FY 2016–2017, therefore, is $1.1 the year in which an LEA spent more than $1.1 million in FY 2015–2016 though only $1 million.
TABLE 3—EXAMPLE OF LEVEL OF EFFORT REQUIRED TO MEET MOE COMPLIANCE STANDARD IN YEAR FOLLOWING YEAR IN WHICH LEA MET MOE COMPLIANCE STANDARD
Actual level Required level Fiscal year of effort of effort Notes
2012–2013 ...... $100 $100 LEA met MOE. 2013–2014 ...... 90 100 LEA did not meet MOE. 2014–2015 ...... 90 100 LEA did not meet MOE. Required level of effort is $100 despite LEA’s failure in 2013–2014. 2015–2016 ...... 110 100 LEA met MOE. 2016–2017 ...... 110 Required level of effort is $110 because LEA expended $110, and met MOE, in 2015–2016.
Table 4 shows the same calculation when, in an intervening fiscal year, 2016–2017, the LEA did not maintain effort.
TABLE 4—EXAMPLE OF LEVEL OF EFFORT REQUIRED TO MEET MOE COMPLIANCE STANDARD IN YEAR FOLLOWING YEAR IN WHICH LEA DID NOT MEET MOE COMPLIANCE STANDARD
Actual level Required level Fiscal year of effort of effort Notes
2012–2013 ...... $100 $100 LEA met MOE. 2013–2014 ...... 90 100 LEA did not meet MOE. 2014–2015 ...... 90 100 LEA did not meet MOE. Required level of effort is $100 despite LEA’s failure in 2013–2014. 2015–2016 ...... 110 100 LEA met MOE. 2016–2017 ...... 100 110 LEA did not meet MOE. Required level of effort is $110 because LEA expended $110, and met MOE, in 2015–2016. 2017–2018 ...... 110 Required level of effort is $110, despite LEA’s failure in 2016–2017.
Table 5 provides an example of how an compliance standard using any one of the compliance standard using both of those LEA may meet the compliance standard four methods in FY 2016–2017, the LEA methods in FY 2016–2017. However, the LEA using alternate methods from year to year must expend at least as much as it did in FY did not meet the compliance standard in FY without using the exceptions or adjustment 2015–2016 using that same method. Because 2016–2017 using the other two methods— in §§ 300.204 and 300.205, and provides the LEA spent the same amount in FY 2016– local funds only or local funds only on a per information on the following scenario. In FY 2017 as it did in FY 2015–2016, calculated capita basis—because it did not spend at 2015–2016, the LEA meets the compliance using a combination of State and local funds least the same amount in FY 2016–2017 as standard using all four methods. As a result, and a combination of State and local funds it did in FY 2015–2016 using the same in order to demonstrate that it met the on a per capita basis, the LEA met the methods.
TABLE 5—EXAMPLE OF HOW AN LEA MAY MEET THE COMPLIANCE STANDARD USING ALTERNATE METHODS FROM YEAR TO YEAR
Local funds Combination of Local funds Combination of only State and local Fiscal year only State and local on a per funds on a per Child count funds capita basis capita basis
2015–2016 ...... * $500 * $950 * $50 * $95 10 2016–2017 ...... 400 * 950 40 * 95 10
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TABLE 5—EXAMPLE OF HOW AN LEA MAY MEET THE COMPLIANCE STANDARD USING ALTERNATE METHODS FROM YEAR TO YEAR—Continued
Local funds Combination of Local funds Combination of only State and local Fiscal year only State and local on a per funds on a per Child count funds capita basis capita basis
2017–2018 ...... * 500 900 * 50 90 10 * LEA met compliance standard using this method.
Table 6 provides an example of how an using alternate methods from year to year in or adjustment in §§ 300.204 and 300.205, LEA may meet the compliance standard years in which the LEA used the exceptions including using the per capita methods. TABLE 6—EXAMPLE OF HOW AN LEA MAY MEET THE COMPLIANCE STANDARD USING ALTERNATE METHODS FROM YEAR TO YEAR AND USING EXCEPTIONS OR ADJUSTMENT UNDER §§ 300.204 AND 300.205
Combination of State Fiscal year Local funds only Combination of State Local funds only on a per capita basis and local funds on a Child and local funds per capita basis count
2015– 2016 ...... $500 * ...... $950 * ...... $50 * ...... $95 * ...... 10 2016– 2017 ...... 400 ...... 950 * ...... 40 ...... 95 * ...... 10 2017–2018 ...... 450 * ...... 1,000 * ...... 45 * ...... 100 * ...... 10 In 2017–2018, the LEA was re- ...... In 2017–2018, the LEA was required to spend ...... quired to spend at least the at least the same amount in local funds only same amount in local funds only on a per capita basis that it spent in the pre- that it spent in the preceding fis- ceding fiscal year, subject to the Subsequent cal year, subject to the Subse- Years rule. Therefore, prior to taking any ex- quent Years rule. Therefore, ceptions or adjustment in §§ 300.204 and prior to taking any exceptions or 300.205, the LEA was required to spend at adjustment in §§ 300.204 and least $50 in local funds only on a per capita 300.205, the LEA was required basis. to spend at least $500 in local In 2017–2018, the LEA properly reduced its funds only. aggregate expenditures, per an exception in In 2017–2018, the LEA properly re- § 300.204, by $50. duced its expenditures, per an $50/10 children with disabilities in the compari- exception in § 300.204, by $50, son year (2015–2016) = $5 per capita allow- and therefore, was required to able reduction per an exception under spend at least $450 in local § 300.204. funds only ($500) from 2015– $50 local funds only on a per capita basis 2016 per Subsequent Years rule (from 2015–2016 per Subsequent Years ¥ $50 allowable reduction per rule) ¥ $5 allowable reduction per an ex- an exception under § 300.204). ception under § 300.204 = $45 local funds only on a per capita basis to meet MOE. 2018–2019 ...... 405 ...... 1,000 * ...... 45 * ...... 111.11 * ...... 9 In 2018–2019, the LEA was re- Because the LEA did In 2018–2019, the LEA was required to spend Because the LEA did quired to spend at least the not reduce its ex- at least the same amount in local funds only not reduce its ex- same amount in local funds only penditures from the on a per capita basis that it spent in the pre- penditures from the that it spent in the preceding fis- comparison year ceding fiscal year, subject to the Subsequent comparison year cal year, subject to the Subse- (2017–2018) using a Years rule. Therefore, prior to taking any ex- (2017–2018) using a quent Years rule. Therefore, combination of State ceptions or adjustment in §§ 300.204 and combination of State prior to taking any exceptions or and local funds, the 300.205, the LEA was required to spend at and local funds on a adjustment in §§ 300.204 and LEA met MOE. least $45 in local funds only on a per capita per capita basis 300.205, the LEA was required basis. ($1,000/9 = $111.11 to spend at least $450 in local In 2018–2019, the LEA properly reduced its and $111.11 > funds only. aggregate expenditures, per an exception in $100), the LEA met In 2018–2019, the LEA properly re- § 300.204 by $10 and the adjustment in MOE. duced its expenditures, per an § 300.205 by $10. exception in § 300.204 by $10 $20/10 children with disabilities in the compari- and the adjustment in § 300.205 son year (2017–2018) = $2 per capita allow- by $10. able reduction per an exception and the ad- Therefore, the LEA was required to justment under §§ 300.204 and 300.205. spend at least $430 in local $45 local funds only on a per capita basis funds only. ($450 from 2017– (from 2017–2018) ¥ $2 allowable reduction 2018 ¥ $20 allowable reduction per an exception and the adjustment under per an exception and the adjust- §§ 300.204 and 300.205 = $43 local funds ment under §§ 300.204 and only on a per capita basis required to meet 300.205). MOE. Actual level of effort is $405/9 (the current year child count). * LEA met MOE using this method. Note: When calculating any exception(s) and/or adjustment on a per capita basis for the purpose of determining the required level of effort, the LEA must use the child count from the comparison year, and not the child count of the year in which the LEA took the exception(s) and/or adjustment. When determining the actual level of effort on a per capita basis, the LEA must use the child count for the current year. For example, in 2018–2019, the LEA uses a child count of 9, not the child count of 10 in the comparison year, to determine the actual level of effort.
Tables 7 and 8 demonstrate how an LEA year to year. These tables assume that the Numbers are in $10,000s budgeted and spent could meet the eligibility standard over a LEA did not take any of the exceptions or for the education of children with period of years using different methods from adjustment in §§ 300.204 and 300.205. disabilities.
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TABLE 7—EXAMPLE OF HOW AN LEA MAY MEET THE ELIGIBILITY STANDARD IN 2016–2017 USING DIFFERENT METHODS
Combination Combination Local funds of State and Fiscal year Local funds of State and only on a local funds Child count Notes only local funds per capita on a per basis capita basis
2014–2015 ...... * $500 * $1,000 * $50 * $100 10 The LEA met the compliance stand- ard using all 4 methods.* 2015–2016 ...... Final information not available at time of budgeting for 2016–2017. How much must 500 1,000 50 100 ...... When the LEA submits a budget for the LEA budget 2016–2017, the most recent fiscal for 2016–2017 year for which the LEA has infor- to meet the eli- mation is 2014–2015. It is not nec- gibility standard essary for the LEA to consider in- in 2016–2017? formation on expenditures for a fis- cal year prior to 2014–2015 be- cause the LEA maintained effort in 2014–2015. Therefore, the Subse- quent Years rule in § 300.203(c) is not applicable. * The LEA met the compliance standard using all 4 methods.
TABLE 8—EXAMPLE OF HOW AN LEA MAY MEET THE ELIGIBILITY STANDARD IN 2017–2018 USING DIFFERENT METHODS AND THE APPLICATION OF THE SUBSEQUENT YEARS RULE
Combination Combination Local funds of State and Fiscal year Local funds of State and only on a local funds Child count Notes only local funds per capita on a per basis capita basis
2014–2015 ...... * $500 * $1,000 * $50 * $100 10 2015–2016 ...... 450 * 1,000 45 * 100 10 2016–2017 ...... Final information not available at time of budgeting for 2017–2018. How much must 500 1,000 50 100 ...... If the LEA seeks to use a combina- the LEA budget tion of State and local funds, or a for 2017–2018 combination of State and local to meet the eli- funds on a per capita basis, to gibility standard meet the eligibility standard, the in 2017–2018? LEA does not consider information on expenditures for a fiscal year prior to 2015–2016 because the LEA maintained effort in 2015– 2016 using those methods. However, if the LEA seeks to use local funds only, or local funds only on a per capita basis, to meet the eligibility standard, the LEA must use information on expendi- tures for a fiscal year prior to 2015–2016 because the LEA did not maintain effort in 2015–2016 using either of those methods, per the Subsequent Years rule. That is, the LEA must determine what it should have spent in 2015–2016 using either of those methods, and that is the amount that the LEA must budget in 2017–2018. * LEA met MOE using this method.
Table 9 provides an example of how an budgeting for the expenditures for the LEA may consider the exceptions and education of children with disabilities. adjustment in §§ 300.204 and 300.205 when
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TABLE 9—EXAMPLE OF HOW AN LEA MAY MEET THE ELIGIBILITY STANDARD USING EXCEPTIONS AND ADJUSTMENT IN §§ 300.204 AND 300.205, 2016–2017
Combination Combination Local funds of State and Fiscal year Local funds of State and only on a local funds Child count Notes only local funds per capita on a per basis capita basis
Actual 2014–2015 ex- * $500 * $1,000 * $50 * $100 10 The LEA met the compliance penditures. standard using all 4 methods.* Exceptions and adjust- ¥50 ¥50 ¥5 ¥5 ...... LEA uses the child count number ment taken in 2015– from the comparison year 2016. (2014–2015). Exceptions and adjust- ¥25 ¥25 ¥2.50 ¥2.50 ...... LEA uses the child count number ment the LEA rea- from the comparison year sonably expects to (2014–2015). take in 2016–2017. How much must the 425 925 42.50 92.50 ...... When the LEA submits a budget LEA budget to meet for 2016–2017, the most re- the eligibility stand- cent fiscal year for which the ard in 2016–2017?. LEA has information is 2014– 2015. However, if the LEA has information on exceptions and adjustment taken in 2015– 2016, the LEA may use that in- formation when budgeting for 2016–2017. The LEA may also use information that it has on any exceptions and adjustment it reasonably expects to take in 2016–2017 when budgeting for that year.
Table 10 provides examples both of how to to maintain its level of expenditures and of must return to the Department on account of calculate the amount by which an LEA failed the amount of non-Federal funds that an SEA that failure.
TABLE 10—EXAMPLE OF HOW TO CALCULATE THE AMOUNT OF AN LEA’S FAILURE TO MEET THE COMPLIANCE STANDARD IN 2016–2017 AND THE AMOUNT THAT AN SEA MUST RETURN TO THE DEPARTMENT
Combination Combination Local funds of State and Amount of Fiscal year Local funds of State and only on a local funds Child count IDEA Part B only local funds per capita on a per subgrant basis capita basis
2015–2016 ...... * $500 * $950 $50* ...... $95 * ...... Not relevant. 2016–2017 ...... 400 750 40 ...... 75 ...... 10 $50 Amount by which 100 200 100 (the amount of the 200 (the amount of the ...... an LEA failed to failure equals the failure equals the maintain its amount of the per cap- amount of the per cap- level of expend- ita shortfall ($10) times ita shortfall ($20) times itures in 2016– the number of children the number of children 2017. with disabilities in with disabilities in 2016–2017 (10)). 2016–2017 (10)). The SEA determines that the amount of the LEA’s failure is $100 using the calculation method that results in the lowest amount of a failure. The SEA’s liability is the lesser of the four calculated shortfalls and the amount of the LEA’s Part B subgrant in the fiscal year in which the LEA failed to meet the compliance standard. In this case, the SEA must return $50 to the Department because the LEA’s IDEA Part B subgrant was $50, and that is the lower amount. * LEA met MOE using this method.
[FR Doc. 2015–09755 Filed 4–27–15; 8:45 am] BILLING CODE 4000–01–P
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Reader Aids Federal Register Vol. 80, No. 81 Tuesday, April 28, 2015
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 2 CFR 662...... 19007 741–6000 915...... 22357 Executive orders and proclamations 2400...... 18519 The United States Government Manual 741–6000 944...... 22357 Proposed Rules: 948...... 22359 Other Services 1201...... 18784 953...... 17307 Electronic and on-line services (voice) 741–6020 3 CFR 980...... 22359 Privacy Act Compilation 741–6064 1212...... 22361 Public Laws Update Service (numbers, dates, etc.) 741–6043 Proclamations: 1455...... 19007 TTY for the deaf-and-hard-of-hearing 741–6086 9243...... 18073 1465...... 19007 9244...... 18075 Proposed Rules: ELECTRONIC RESEARCH 9245...... 18301 205...... 23455 9246...... 18303 210...... 23243 World Wide Web 9247...... 18509 215...... 23243 9248...... 18511 220...... 23243 Full text of the daily Federal Register, CFR and other publications 9249...... 18513 226...... 23243 is located at: www.fdsys.gov. 9250...... 18515 319 ...... 22927, 22930, 22934 Federal Register information and research tools, including Public 9251...... 19191 929...... 22431, 22433 Inspection List, indexes, and Code of Federal Regulations are 9252...... 19867 1205...... 19567 located at: www.ofr.gov. 9253...... 20403 9254...... 20405 10 CFR E-mail 9255...... 21149 72...... 20149, 21639 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 9256...... 21151 Proposed Rules: an open e-mail service that provides subscribers with a digital 9257...... 22617 50...... 21658 form of the Federal Register Table of Contents. The digital form 9258...... 22868 52...... 21658 of the Federal Register Table of Contents includes HTML and 9259...... 22871 72...... 20171 PDF links to the full text of each document. Executive Orders: 73...... 22434 To join or leave, go to http://listserv.access.gpo.gov and select 13694...... 18077 429 ...... 17586, 17826, 19885, Online mailing list archives, FEDREGTOC-L, Join or leave the list Administrative Orders: 20116, 22658, 22938, 22939 (or change settings); then follow the instructions. Memorandums: 430 ...... 17355, 17359, 18167, Memorandum of March 18784, 19569, 19885, 20116 PENS (Public Law Electronic Notification Service) is an e-mail 25, 2015 ...... 22087 431 ...... 17363, 17586, 17826, service that notifies subscribers of recently enacted laws. Memorandum of March 19885, 20116, 22658, 22938, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 27, 2015 ...... 18517 22939 and select Join or leave the list (or change settings); then follow Memorandum of March the instructions. 31, 2015 ...... 19869 12 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot Notices: 217...... 20153 respond to specific inquiries. Notice of March 31, 225...... 20153 2015 ...... 18081 238...... 20153 Reference questions. Send questions and comments about the Notice of April 8, 340...... 22886 Federal Register system to: [email protected] 2015 ...... 19193 1024...... 22091 The Federal Register staff cannot interpret specific documents or Presidential 1026...... 21153, 22091 regulations. Determinations: 1805...... 19195 CFR Checklist. Effective January 1, 2009, the CFR Checklist no No. 2015–05 of April Proposed Rules: longer appears in the Federal Register. This information can be 10, 2015 ...... 22089 Ch. I ...... 20173 found online at http://bookstore.gpo.gov/. Ch. II ...... 20173 5 CFR 204...... 20448 FEDERAL REGISTER PAGES AND DATE, APRIL 532...... 17307 Ch. III ...... 20173 1201...... 21153 360...... 23478 17307–17682...... 1 22357–22616...... 22 Proposed Rules: 13 CFR 17683–18082...... 2 22617–22870...... 23 843...... 18159 18083–18304...... 3 22871–23228...... 24 2600...... 18160 Proposed Rules: 18305–18514...... 6 23229–23440...... 27 2601...... 18160 115...... 19886 18515–18772...... 7 23441–23672...... 28 2604...... 18160 121...... 18556 18773–19006...... 8 124...... 18556 19007–19192...... 9 7 CFR 125...... 18556 19193–19510...... 10 12...... 22873 126...... 18556 19511–19868...... 13 319...... 22619, 22885 127...... 18556 19869–20148...... 14 457...... 20407 130...... 17708 20149–20406...... 15 610...... 19007 131...... 22434 20407–21150...... 16 622...... 19007 134...... 18556 21151–21638...... 17 624...... 19007 21639–22086...... 20 625...... 19007 14 CFR 22087–22356...... 21 652...... 19007 23 ...... 17310, 17312, 23229
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25...... 18305, 23441 681...... 20690 960...... 17548 120...... 17372 39 ...... 18083, 19009, 19013, 682...... 20690 966...... 17548 128...... 17372 19017, 19871, 19873, 19876, 683...... 20690 982...... 17548 148...... 19118 19878, 19881, 21639, 21645, 684...... 20690 983...... 17548 149...... 19118 22094, 22635, 23230, 23232 685...... 20690 150...... 19118 71 ...... 21158, 22891, 22892, 686...... 20690 26 CFR 165 ...... 21670, 22142, 22144 22893, 22894, 22895, 22896, 687...... 20690 1 ...... 17314, 18171, 20413, 22897, 22898, 22899 688...... 20690 21169, 23237, 23238 34 CFR 73 ...... 18519, 21158, 22096 301...... 23443 263...... 22403 21 CFR 95...... 18084 602...... 17314, 23238 300...... 23644 97 ...... 19511, 19515, 19517, 1...... 18087, 22403 Proposed Rules: Proposed Rules: 19520 14...... 18307 1 ...... 18096, 20454, 22449, 361 ...... 20574, 21059, 22661 1245...... 19196 16...... 22403 22954, 23244 363...... 21059, 22661 Proposed Rules: 26...... 18087 301...... 22449 367...... 20988 23...... 19889 99...... 18087 602...... 22449 369...... 20988 39 ...... 17366, 17368, 19244, 201...... 18087 370...... 20988 19246, 19248, 19570, 19572, 203...... 18087 27 CFR 371...... 20988 19574, 19892, 20175, 20178, 206...... 18087 Proposed Rules: 373...... 20988 20181, 21191, 21193, 22136, 207...... 18087 9 ...... 19895, 19901, 19908 376...... 20988 22137, 22140, 22436, 22438, 310...... 18087 377...... 20988 22939, 22943, 23244 312...... 18087 28 CFR 379...... 20988 314...... 18087 71 ...... 22946, 22947, 22949, 16...... 18099 381...... 20988 22950, 22952 510...... 18773 385...... 20988 93...... 19576 520...... 18773 29 CFR 386...... 20988 522...... 18773, 18777 97...... 19577 101...... 19199 387...... 20988 524...... 18773 121...... 19251 102...... 19199 388...... 20988 529...... 18773 193...... 18168 103...... 19199 389...... 20988 558...... 18773 4022...... 20158 390...... 20988 15 CFR 600...... 18087 396 ...... 20988, 21195, 21196 601...... 18087 Proposed Rules: 744...... 22638 1630...... 21659 397...... 21059, 22661 774...... 18522, 21159 606...... 18087 461...... 20968 607...... 18087 1910...... 20185 1926...... 20185 462...... 20968 16 CFR 610...... 18087 463...... 20574, 20968 660...... 18087 2509...... 21928 Proposed Rules: 472...... 20968 680...... 18087 2510...... 21928 1422...... 18556 2550 ...... 21960, 21989, 22004, 477...... 20968 1610...... 18795 801...... 18087 489...... 20968 807...... 18087 22010, 22021, 22035 4000...... 18172 490...... 20968 17 CFR 812...... 18087 814...... 18087 4041A ...... 18172 36 CFR 200...... 21806 822...... 18087 4281...... 18172 230...... 21806 214...... 21588 876...... 18307 232...... 21649, 21806 30 CFR 261...... 21588 1020...... 19530 239...... 21806 291...... 21588 1271...... 18087 Proposed Rules: 240...... 21806 75...... 22465 Proposed Rules: Proposed Rules: 249...... 21806 250...... 21504, 21670 2...... 21674 260...... 21806 1...... 19160 1193...... 18177 73...... 22449 254...... 21670 Proposed Rules: 1194...... 18177 314...... 22953 550...... 21670 240...... 18036 320...... 22953 31 CFR 37 CFR 1020...... 19589 18 CFR 542...... 19532 1...... 17918 2...... 22366 22 CFR 3...... 17918 32 CFR 5...... 17918 11...... 18526 237...... 22642 35...... 17654 706...... 19533 11...... 17918 40...... 22385, 22395 23 CFR 41...... 17918 284...... 23198 Proposed Rules: 33 CFR 202...... 19206 Proposed Rules: 515...... 17371 3...... 20159 386...... 22417 40...... 22441, 22444 100 ...... 18310, 20414, 20416, Proposed Rules: 24 CFR 20418, 22097 201...... 19255 20 CFR 84...... 18519 117 ...... 17324, 18114, 18313, 38 CFR 404...... 19522, 21159 85...... 18519 19200, 19883, 19884, 20163, 416...... 19522 200...... 18095 20437, 22097, 22100, 22101, 1...... 23239 655...... 23443 235...... 18095 22645, 23238, 23444, 23445 3...... 18116 Proposed Rules: Proposed Rules: 141...... 20159 17...... 22906, 23239 603...... 20690 5...... 17548 161...... 17326 38...... 19534 651...... 20690 92...... 17548 164...... 17326 39 CFR 652...... 20690 135...... 17372 165 ...... 17683, 17685, 17687, 653...... 20690 200...... 17548 18313, 19201, 19203, 20163, 3020...... 18117 654...... 20690 574...... 17548 20418, 20439, 22103, 22105, Proposed Rules: 655...... 20300 576...... 17548 22900, 22901, 22903, 23445 111...... 19914 658...... 20690 578...... 17548 Proposed Rules: 501...... 22661 675...... 20690 880...... 17548 100...... 23484 676...... 20574 882...... 17548 101...... 17372 40 CFR 677...... 20574 883...... 17548 104...... 17372 49...... 18120 678...... 20574 884...... 17548 105...... 17372 52 ...... 17327, 17331, 17333, 679...... 20690 886...... 17548 110...... 18175, 18324 17689, 17692, 18133, 18526, 680...... 20690 891...... 17548 117...... 19252 18528, 19020, 19206, 19220,
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19538, 19541, 19544, 19548, 41 CFR 22...... 23452 1852...... 18580 20166, 20441, 21170, 21174, 60–20...... 17373 73 ...... 22924, 22925, 23454 21176, 21181, 21183, 22106, 102–42...... 21189 74...... 17343 49 CFR 22107, 22112, 22646, 22909, 300–3...... 19238 90...... 18144 23449 40...... 19551 Proposed Rules: 173...... 17706 61...... 22115 42 CFR Ch. I ...... 18185 63...... 22115, 22116 383...... 18146, 22790 37...... 23241 0...... 21200 73...... 22116 384...... 22790 435...... 22654 1...... 22690 80...... 18136 385...... 18146 2...... 22965 386...... 18146 81 ...... 18120, 18528, 18535, Proposed Rules: 12...... 18342 387...... 18146 19548, 22112 412...... 23332 15...... 22965 391...... 22790 82...... 19454 433...... 20455 20...... 22965 572...... 22655 90...... 22418 438...... 19418 440...... 19418 27...... 22690 574...... 19553 98...... 21650 456...... 19418 54...... 19941 579...... 19553 147...... 18316, 18319 457...... 19418 69...... 23248 180 ...... 17697, 18141, 19226, Proposed Rules: 483...... 22044 73...... 20195, 22965 19231, 21187, 22418, 22648 611...... 18796 495...... 20346 76...... 19594 257...... 21302 48 CFR 50 CFR 260...... 18777 43 CFR 261...... 18777, 21302 Ch. 1...... 19504, 19508 17...... 17974 271...... 21650 Proposed Rules: 1...... 19504 223...... 22119 3100...... 22148 300 ...... 17703, 18144, 18780 22...... 19504 300...... 17344 745...... 20444 44 CFR 52...... 19504 622 ...... 18551, 18552, 19243, Proposed Rules: 205...... 21656 22422 64...... 19241, 22116 50...... 18177 206...... 21656 648...... 20446, 22119 51...... 18177 45 CFR 208...... 21656 660 ...... 17352, 18781, 19034, 52 ...... 17712, 18179, 18944, 210...... 21656 19564, 22270, 22926 19591, 19593, 19931, 19932, 1640...... 21654 213...... 21656 679 ...... 18553, 18554, 18782, 19935, 21198, 21199, 21681, Proposed Rules: 215...... 21656 22655, 22656, 23241 21685, 22147, 22662, 22666, 95...... 20455 216...... 21656 Proposed Rules: 22671, 22672, 22956, 23245, 1355...... 17713 1515...... 20167 13...... 17374, 22467 23487 1610...... 21692 1552...... 20167 17 ...... 18710, 18742, 19050, 62...... 23402 1627...... 21692 Proposed Rules: 19259, 19263, 19941, 19953, 80...... 18179 1628...... 21700 1511...... 19254 22828 81...... 18184, 22672 1630...... 21692 1552...... 19254 20...... 19852 93...... 18177 1801...... 18580 21...... 17374, 22467 46 CFR 136...... 21691 1802...... 18580 223 ...... 18343, 22304, 22468 147...... 18326, 18327 11...... 22118 1805...... 18580 224 ...... 18343, 18347, 22304, 174...... 22466 298...... 22421 1807...... 18580 22468 180...... 18327, 22466 Proposed Rules: 1812...... 18580 229...... 18584 192...... 22964 45...... 23493 1813...... 18580 300...... 19611 271...... 21691 1823...... 18580 600...... 19611 372...... 20189 47 CFR 1833...... 18580 622 ...... 17380, 18797, 19056 435...... 18557 1...... 19738 1836...... 18580 648...... 18801, 23249 704...... 18330 8...... 19738 1847...... 18580 660...... 19611, 22156 721...... 19037 20...... 19738 1850...... 18580 665...... 19611, 22158
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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 21, 2015 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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