Vol. 80 Wednesday, No. 32 February 18, 2015
Pages 8511–8766
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. 32
Wednesday, February 18, 2015
Agency for Healthcare Research and Quality Defense Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8652–8654 Submissions, and Approvals: Federal Acquisition Regulation; Material and Agriculture Department Workmanship, 8650–8651 See Animal and Plant Health Inspection Service Federal Acquisition Regulation; Organization and Direction of Work, 8649–8650 Alcohol and Tobacco Tax and Trade Bureau Small Business Size Representation, 8651 RULES Viticultural Areas: Economic Development Administration Fountaingrove District; Establishment, 8529–8531 NOTICES Trade Adjustment Assistance; Petitions, 8590–8591 Animal and Plant Health Inspection Service PROPOSED RULES Education Department Import Programs: NOTICES Mexican Hass Avocado, 8561–8564 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Determinations of Nonregulated Status: Assurance of Compliance—Civil Rights Certificate, 8631– Okanagan Specialty Fruits, Inc.; Apples Genetically 8632 Engineered To Resist Browning, 8589–8590 Comprehensive Transition Programs for Students With Intellectual Disabilities Expenditure Report, 8631 Centers for Disease Control and Prevention Teacher Education Assistance for College and Higher NOTICES Education Grant Program Agreement to Serve, 8632– Agency Information Collection Activities; Proposals, 8633 Submissions, and Approvals, 8654–8660 Charter Renewals: Employee Benefits Security Administration Board of Scientific Counselors, National Institute for NOTICES Occupational Safety and Health, 8660 Meetings: Meetings: Advisory Council on Employee Welfare and Pension Advisory Committee to the Director, State, Tribal, Local Benefit Plans, 8688–8689 and Territorial Subcommittee, 8661–8662 Proposed Individual Exemptions: Disease, Disability, and Injury Prevention and Control Credit Suisse AG, 8689–8690 Special Emphasis Panel, 8660–8662 Employment and Training Administration Children and Families Administration NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Public Listening Session, 8690 Submissions, and Approvals: Reconsideration Application; Determinations: ANA Reviewer Profile for Panel Review Participation INVISTA S.a.r.l., a Wholly-Owned Subsidiary of Koch Form, 8662 Industries, Inc., Waynesboro, VA, 8691 Worker and Alternative Trade Adjustment Assistance Coast Guard Eligibility; Determinations, 8691–8692 RULES Worker Adjustment Assistance Eligibility; Investigations, Safety Zones: 8692–8694 Annual Events, Captain of the Port Lake Michigan Zone, Worker Adjustment Assistance; Amended Certifications: 8536–8546 Central Credit Services, LLC, Decorah, IA, 8694–8695 PROPOSED RULES Foxconn Assembly LLC/Foxconn Hon Hai Logistics LLC, Medical Waivers for Merchant Mariner Credential Houston, TX, 8695 Applicants: SGK Ventures, Frewsburg, NY, and Keywell Metals, Diabetes Mellitus; Narcolepsy; and Obstructive Sleep Falconer, NY, 8688 Apnea; Proposed Policy Clarification, 8586–8588 General Electric Co., Transportation Division, Erie, PA, 8694 Commerce Department Worker Adjustment Assistance; Determinations, 8695–8696 See Economic Development Administration See Industry and Security Bureau Energy Department See International Trade Administration See Federal Energy Regulatory Commission See National Oceanic and Atmospheric Administration Environmental Protection Agency Comptroller of the Currency RULES NOTICES Air Quality State Implementation Plans; Approvals and Agency Information Collection Activities; Proposals, Promulgations: Submissions, and Approvals, 8760–8763 Guam, 8547–8550
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North Dakota; Regional Haze State Implementation Plan; Federal Motor Carrier Safety Administration Federal Implementation Plan for Interstate Transport NOTICES of Pollution, etc., 8550–8559 Exemptions Applications: NOTICES Virginia Tech Transportation Institute; Parts and Agency Information Collection Activities; Proposals, Accessories Necessary for Safe Operation, 8750–8751 Submissions, and Approvals, 8639–8640 Qualification of Drivers; Exemption Applications: Agency Information Collection Activities; Proposals, Vision, 8751–8753 Submissions, and Approvals: Green Power Partnership and Combined Heat and Power Federal Reserve System Partnership, 8640–8641 NOTICES NESHAP for Primary Copper Smelters, 8643 Agency Information Collection Activities; Proposals, NSPS for Glass Manufacturing Plants, 8642–8643 Submissions, and Approvals, 8760–8763 NSPS for Metallic Mineral Processing Plants, 8641–8642 Change in Bank Control Notices: NSPS for Primary and Secondary Emissions from Basic Acquisitions of Shares of a Bank or Bank Holding Oxygen Furnaces, 8640 Company, 8648 Requests for Nominations: Formations of, Acquisitions by, and Mergers of Bank Hazardous Waste Electronic Manifest System Advisory Holding Companies, 8648–8649 Board, 8643–8645 Formations of, Acquisitions by, and Mergers of Savings and Federal Aviation Administration Loan Holding Companies, 8649 RULES Airworthiness Directives: Federal Transit Administration Airbus Airplanes, 8511–8516 NOTICES The Boeing Company Airplanes, 8516–8519 Buy America Waivers: PROPOSED RULES Track Turnout Components, 8753–8754 Airworthiness Directives: Airbus Airplanes, 8566–8568, 8571–8577 Fish and Wildlife Service Bombardier, Inc. Airplanes, 8564–8566 NOTICES The Boeing Company Airplanes, 8568–8571 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Communications Commission National Survey of Fishing, Hunting, and Wildlife- NOTICES Associated Recreation, 8681–8682 Agency Information Collection Activities; Proposals, Applications for Endangered Species Permits, 8682–8684 Submissions, and Approvals, 8645–8646 Incidental Take Permits: Meetings: Participation in the Oil and Gas Industry Conservation Disability Advisory Committee, 8647–8648 Plan for the American Burying Beetle in Oklahoma, North American Numbering Council, 8646–8647 8684–8685
Federal Deposit Insurance Corporation Food and Drug Administration NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Supplemental Applications Proposing Labeling Changes for Submissions, and Approvals, 8760–8763 Approved Drugs and Biological Products Federal Emergency Management Agency Meeting; Request for Comments; Reopening of Comment NOTICES Period, 8577–8578 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Manufactured Housing Operations Forms; Correction, Submissions, and Approvals: 8677 Guidance on Consultation Procedures—Foods Derived From New Plant Varieties, 8663–8664 Federal Energy Regulatory Commission Debarment Orders: NOTICES Hung Yi Lin, 8664–8665 Applications: Guidance: Birch Power Co.; Environmental Site Review, 8633–8634 Laser Illuminated Projectors; Classification and Combined Filings, 8634–8636 Requirements, 8665–8666 Complaints: Sage Grouse Energy Project, LLC v. PacificCorp, 8636– Foreign Assets Control Office 8637 RULES Initial Market-Based Rate Filings Including Requests for Sudanese Sanctions, 8531–8535 Blanket Section 204 Authorizations: AltaGas Ripon Energy, Inc., 8638–8639 General Services Administration Benson Power, LLC, 8637–8638 NOTICES Fowler Ridge IV Wind Farm, LLC, 8637 Agency Information Collection Activities; Proposals, Rising Tree Wind Farm III, LLC, 8638 Submissions, and Approvals: Shafter Solar, LLC, 8637 Federal Acquisition Regulation; Material and Petitions for Declaratory Orders: Workmanship, 8650–8651 Delta-Montrose Electric Association, 8639 Federal Acquisition Regulation; Organization and Technical Conferences: Direction of Work, 8649–8650 MoGas Pipeline, LLC, 8639 Small Business Size Representation, 8651
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Meetings: Certain Crystalline Silicon Photovoltaic Products From Office of Federal High-Performance Green Buildings; Taiwan, 8596–8597 Green Building Advisory Committee; Conference Certain Crystalline Silicon Photovoltaic Products From Calls, 8652 the People’s Republic of China, 8592–8596 Certain Pasta from Italy, 8604–8606 Health and Human Services Department Certain Uncoated Paper From the People’s Republic of See Agency for Healthcare Research and Quality China and Indonesia, 8598–8603 See Centers for Disease Control and Prevention Crystalline Silicon Photovoltaic Cells, Whether or Not See Children and Families Administration Assembled Into Modules, From the People’s Republic See Food and Drug Administration of China; Correction, 8597–8598 See Indian Health Service Ferrovanadium From the People’s Republic of China and See National Institutes of Health the Republic of South Africa, 8607 Steel Wire Garment Hangers From the Peoples Republic Healthcare Research and Quality Agency of China, 8603–8604 See Agency for Healthcare Research and Quality Cyber Security Business Development Mission to Poland Homeland Security Department and Romania, 8607–8608 See Coast Guard Less-Than-Fair-Value Investigations: See Federal Emergency Management Agency Certain Uncoated Paper From Australia, Brazil, the See U.S. Customs and Border Protection People’s Republic of China, Indonesia, and Portugal, NOTICES 8608–8616 Agency Information Collection Activities; Proposals, Second Japan-U.S. Decommissioning and Remediation Submissions, and Approvals: Fukushima Recovery Forum, 8616–8618 Individual Complaint of Employment Discrimination, International Trade Commission 8676–8677 NOTICES Indian Health Service Investigations; Determinations, Modifications, and Rulings, See Indian Health Service etc.: NOTICES Certain Light-Emitting Diode Products and Components Applications for Awards: Thereof, 8685–8686 Tribal Self-Governance Program; Negotiation Cooperative Proposed Recommendations: Agreement, 8666–8673 Recommended Modifications in the Harmonized Tariff Schedule to Conform With Amendments to the Industry and Security Bureau Harmonized System Recommended by the World RULES Customs Organization, etc., 8686–8687 Addition of Certain Persons to the Entity List; and Removal of Person From the Entity List Based on a Removal Justice Department Request, 8524–8529 PROPOSED RULES License Exception Availability for Consumer Department of Justice Debt Collection Regulations, 8580– Communications Devices, Licensing Policy for Civil 8586 Telecommunications-related Items; Revisions, 8520– NOTICES 8524 Meetings: Updated Statements of Legal Authority for the Export Community Oriented Policing Services With Members of Administration Regulations, 8519–8520 the Research Community, Subject-Matter Experts and NOTICES Public; Correction, 8687 Meetings: Proposed Partial Consent Decrees Under the Clean Water Materials Processing Equipment Technical Advisory Act, 8687–8688 Committee, 8591 Materials Technical Advisory Committee, 8591–8592 Labor Department Transportation and Related Equipment Technical See Employee Benefits Security Administration Advisory Committee, 8591 See Employment and Training Administration Requests for Nominations: See Labor Statistics Bureau Technical Advisory Committees; Private-Sector Members, See Occupational Safety and Health Administration 8592 See Workers Compensation Programs Office Interior Department Labor Statistics Bureau See Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Internal Revenue Service Submissions, and Approvals, 8696–8698 PROPOSED RULES Suspensions of Benefits Under the Multiemployer Pension Maritime Administration Reform Act of 2014, 8578–8580 NOTICES Agency Information Collection Activities; Proposals, International Trade Administration Submissions, and Approvals, 8754–8755 NOTICES Agency Information Collection Activities; Proposals, Antidumping or Countervailing Duty Investigations, Orders, Submissions, and Approvals: or Reviews: Requirements for Eligibility of U.S.-Flag Vessels of 100 Certain Circular Welded Non-Alloy Steel Pipe From Feet or Greater in Registered Length to Obtain a Mexico, 8606–8607 Fishery Endorsement, 8755
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U.S. Merchant Marine Academy Candidate Application Nuclear Regulatory Commission for Admission, 8755–8756 NOTICES Requests for Administrative Waivers of Coastwise Trade License Amendment Applications: Laws: Pacific Gas and Electric Co.; Diablo Canyon Power Plant, Vessel ALCYONE, 8756 Units 1 and 2, and Diablo Canyon Independent Spent Vessel BLACKJACK, 8759 Fuel Storage Installation, 8706–8711 Vessel DOUBLE TROUBLE II, 8758 Southern California Edison Co.; San Onofre Nuclear Vessel ESPIRITU SANTI, 8757 Generating Station, Units 2 and 3, and Independent Vessel PACIFIC THUNDER, 8759–8760 Spent Fuel Storage Installation, 8701–8706 Vessel SOUTHERN PASSAGE, 8757–8758 License Applications: Vessel TORTOLA, 8756–8757 Export of High-Enriched Uranium, 8711–8712 Meetings; Sunshine Act, 8712
National Aeronautics and Space Administration Occupational Safety and Health Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Nationally Recognized Testing Laboratories: Submissions, and Approvals: TUV SUD America, Inc.; Grant Expansion Recognition, Federal Acquisition Regulation; Material and 8698–8699 Workmanship, 8650–8651 Federal Acquisition Regulation; Organization and Pension Benefit Guaranty Corporation Direction of Work, 8649–8650 NOTICES Small Business Size Representation, 8651 Requests for Information: Multiemployer Pension Reform Act; Partitions of Eligible National Archives and Records Administration Multiemployer Plans and Facilitated Mergers, 8712– 8715 NOTICES Agency Information Collection Activities; Proposals, Securities and Exchange Commission Submissions, and Approvals, 8700–8701 NOTICES Meetings: Meetings; Sunshine Act, 8716 Freedom of Information Act Advisory Committee, 8701 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 8720–8727 National Institutes of Health BATS Y-Exchange, Inc., 8734–8741 NOTICES C2 Options Exchange, Inc., 8719–8720 Meetings: Chicago Board Options Exchange, Inc., 8742–8744 Center for Scientific Review, 8674–8675 EDGA Exchange, Inc., 8731–8733 National Eye Institute, 8676 EDGX Exchange, Inc., 8716–8719 National Human Genome Research Institute, 8673 Financial Industry Regulatory Authority, Inc., 8741–8742 National Institute of Allergy and Infectious Diseases, ICE Clear Credit LLC, 8729–8731 8673–8676 The NASDAQ Stock Market LLC, 8727–8729, 8744–8746 National Institute of Mental Health, 8673 National Institute of Nursing Research, 8676 Small Business Administration NOTICES Meetings: National Oceanic and Atmospheric Administration National Women’s Business Council, 8747 RULES Regulatory Fairness Hearing, Region III—Virginia Beach, Fisheries of the Caribbean, Gulf of Mexico, and South VA, 8746–8747 Atlantic: South Atlantic Golden Tilefish Longline Component; State Department Commercial Accountability Measure and Closure, NOTICES 8559–8560 Charter Renewals: NOTICES Advisory Committee on Historical Diplomatic Agency Information Collection Activities; Proposals, Documentation, 8747 Submissions, and Approvals: Meetings: Alaska Pacific Halibut and Sablefish Fisheries— Advisory Committee on Historical Diplomatic Individual Fishing Quota Cost Recovery, 8619 Documentation, 8748 Application and Reports for Scientific Research and Advisory Committee on International Communications Enhancement Permits under the Endangered Species and Information Policy, 8747–8748 Act, 8618–8619 Cultural Property Advisory Committee, 8749–8750 Endangered and Threatened Wildlife: Memorandums of Understanding Between the U.S. and the Yellowtail Damselfish; Petition Findings, Endangered Republic of Italy: Species Act, 8619–8627 Import Restrictions on Categories of Archaeological Fisheries of the Northeastern United States: Material Representing the Pre-Classical, Classical, Northeast Multispecies Fishery; Approved Monitoring and Imperial Roman Periods of Italy, 8750 Service Providers, 8627–8628 Meetings: Surface Transportation Board Pacific Fishery Management Council, 8628–8629 NOTICES Request for Nominations: Meetings: Marine Mammal Scientific Review Groups, 8629–8631 Rail Energy Transportation Advisory Committee, 8760
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Thrift Supervision Office Veterans Affairs Department NOTICES NOTICES Meetings; Sunshine Act, 8763 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transportation Department Appointment of Veterans Service Organization/or See Federal Aviation Administration Individuals as Claimant’s Representative, 8763–8764 See Federal Motor Carrier Safety Administration Clarification of a Notice of Disagreement, 8764–8765 See Federal Transit Administration Exclusive Licenses, 8765 See Maritime Administration Meetings: See Surface Transportation Board Veterans’ Advisory Committee on Education, 8765 Treasury Department See Alcohol and Tobacco Tax and Trade Bureau Workers Compensation Programs Office See Comptroller of the Currency NOTICES See Foreign Assets Control Office Agency Information Collection Activities; Proposals, See Internal Revenue Service Submissions, and Approvals: See Thrift Supervision Office Division of Coal Mine Workers’ Compensation, 8699– 8700 U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reader Aids Application to Use the Automated Commercial Consult the Reader Aids section at the end of this page for Environment, 8677–8678 phone numbers, online resources, finding aids, reminders, Commercial Gaugers and Laboratories; Accreditations and and notice of recently enacted public laws. Approvals: To subscribe to the Federal Register Table of Contents Intertek USA, Inc., 8678–8679 LISTSERV electronic mailing list, go to http:// Commercial Gaugers and Laboratories; Approvals: listserv.access.gpo.gov and select Online mailing list Intertek USA, Inc., 8679–8680 archives, FEDREGTOC-L, Join or leave the list (or change SGS North America, Inc., 8680–8681 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: 319...... 8561 14 CFR 39 (3 documents) ...8511, 8513, 8516 Proposed Rules: 39 (5 documents) ...8564, 8566, 8568, 8571, 8575 15 CFR 730...... 8519 740...... 8520 742...... 8520 744 (2 documents) ...... 8519, 8524 21 CFR Proposed Rules: 314...... 8577 601...... 8577 26 CFR Proposed Rules: 1...... 8578 27 CFR 9...... 8529 28 CFR Proposed Rules: 11...... 8580 31 CFR 538...... 8531 33 CFR 165...... 8536 40 CFR 52 (2 documents) ....8547, 8550 46 CFR Proposed Rules: 1...... 8586 50 CFR 622...... 8559
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Rules and Regulations Federal Register Vol. 80, No. 32
Wednesday, February 18, 2015
This section of the FEDERAL REGISTER Operations, M–30, West Building This condition, if not detected and contains regulatory documents having general Ground Floor, Room W12–140, 1200 corrected, could affect the structural integrity applicability and legal effect, most of which New Jersey Avenue SE., Washington, of the MLG attachment. are keyed to and codified in the Code of DC. To address this situation, Airbus issued Federal Regulations, which is published under For service information identified in inspection Service Bulletins (SB) A330–57– 50 titles pursuant to 44 U.S.C. 1510. 3096, A340–57–4104 and A340–57–5009 to this AD, contact Airbus SAS, instruct repetitive inspection of the gear rib The Code of Federal Regulations is sold by Airworthiness Office—EAL, 1 Rond lugs. the Superintendent of Documents. Prices of Point Maurice Bellonte, 31707 Blagnac Prompted by these findings, EASA issued new books are listed in the first FEDERAL Cedex, France; telephone +33 5 61 93 36 Emergency AD 2006–0364–E to require REGISTER issue of each week. 96; fax +33 5 61 93 45 80; email repetitive detailed visual inspections of the airworthiness.A330 [email protected]; Left Hand (LH) and Right Hand (RH) wing Internet http://www.airbus.com. You MLG rib 6 aft bearing lugs. Later EASA DEPARTMENT OF TRANSPORTATION may view this referenced service issued AD 2007–0247R1–E, which superseded EAD 2006–0364–E, to: information at the FAA, Transport Federal Aviation Administration Airplane Directorate, 1601 Lind Avenue —Expand the applicability to all A330 and A340 aeroplanes, because the interference SW., Renton, WA. For information on 14 CFR Part 39 fit bushes cannot be considered as a the availability of this material at the terminating action, owing to unknown root [Docket No. FAA–2014–0620; Directorate FAA, call 425–227–1221. It is also cause; and Identifier 2013–NM–238–AD; Amendment available on the Internet at http:// —Add a second parameter quoted in Flight 39–18102; AD 2015–03–06] www.regulations.gov by searching for Hours (FH) to the inspection interval in and locating Docket No. FAA–2014– order to reflect the aeroplane utilization in RIN 2120–AA64 0620. service. EASA AD 2007–0247R1–E was FOR FURTHER INFORMATION CONTACT: Airworthiness Directives; Airbus republished to correct a typographical error. Airplanes Vladimir Ulyanov, Aerospace Engineer, Since the first crack finding and issuance International Branch, ANM–116, of the inspection SBs and related ADs, six AGENCY: Federal Aviation Transport Airplane Directorate, FAA, further cracks have been reported. Administration (FAA), Department of 1601 Lind Avenue SW., Renton, WA For the reasons described above, this Transportation (DOT). 98057–3356; telephone 425–227–1138; [EASA] AD, which supersedes EASA EAD ACTION: Final rule. fax 425–227–1149. 2007–0247 R1–E and retains its requirements, is issued to expand the SUPPLEMENTARY INFORMATION: SUMMARY: We are superseding applicability to the newly certified models Airworthiness Directive (AD) 2007–22– Discussion A330–223F and A330–243F and to reduce 10 for all Airbus Model A330–200, the threshold further to the risk assessment We issued a notice of proposed of recent in-service experience. A330–300, A340–200, A340–300, A340– rulemaking (NPRM) to amend 14 CFR 500, and A340–600 series airplanes. AD part 39 to supersede AD 2007–22–10, You may examine the MCAI in the 2007–22–10 required repetitive Amendment 39–15246 (72 FR 61796, AD docket on the Internet at http:// inspections of the left-hand and right- November 1, 2007; corrected November www.regulations.gov/#!documentDetail; hand wing main landing gear (MLG) rib 16, 2007 (72 FR 64532)). AD 2007–22– D=FAA-2014-0620-0004. 6 aft bearing lugs (forward and aft) to 10 applied to all Airbus Model A330– Comments detect any cracks on the two lugs, and 200, A330–300, A340–200, A340–300, We gave the public the opportunity to replacement if necessary. Since we A340–500, and A340–600 series participate in developing this AD. We issued AD 2007–22–10, we have airplanes. The NPRM published in the considered the comment received. The received reports of additional cracking Federal Register on September 4, 2014 commenter, an anonymous individual, of the MLG rib 6 aft bearing forward lug. (79 FR 52585). This new AD expands the applicability The European Aviation Safety Agency supported the NPRM (79 FR 52585, and reduces certain compliance times. (EASA), which is the Technical Agent September 4, 2014). We are issuing this AD to detect and for the Member States of the European Conclusion correct cracking of the MLG rib 6 aft Union, has issued EASA Airworthiness We reviewed the available data, bearing lugs, which could result in Directive 2013–0271, dated November collapse of the MLG upon landing. including the comment received, and 14, 2013 (referred to after this as the determined that air safety and the DATES: This AD becomes effective Mandatory Continuing Airworthiness public interest require adopting this AD March 25, 2015. Information, or ‘‘the MCAI’’), to correct as proposed, except for minor editorial The Director of the Federal Register an unsafe condition. The MCAI states: changes. We have determined that these approved the incorporation by reference During Main Landing Gear (MLG) minor changes: of certain publications listed in this AD lubrication, a crack was visually found in the • Are consistent with the intent that as of March 25, 2015. MLG rib 6 aft bearing forward lug on one was proposed in the NPRM (79 FR ADDRESSES: You may examine the AD A330 in-service aeroplane. The crack had 52585, September 4, 2014) for correcting extended through the entire thickness of the docket on the Internet at http:// the unsafe condition; and forward lug at approximately the 4 o’clock • www.regulations.gov/#!docketDetail;D= position (when looking forward). It has been Do not add any additional burden FAA-2014-0620; or in person at the determined that similar type of crack can upon the public than was already Docket Management Facility, U.S. develop on other aeroplane types that are proposed in the NPRM (79 FR 52585, Department of Transportation, Docket listed in the Applicability paragraph. September 4, 2014).
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Related Service Information Under 1 or on the distribution of power and (c) Applicability CFR Part 51 responsibilities among the various This AD applies to Airbus Model A330– We reviewed the following service levels of government. 201, –202, –203, –223, –223F, –243, –243F, bulletins: For the reasons discussed above, I –301, –302, –303, –321, –322, –323, –341, • certify that this AD: –342, and –343 airplanes; and Model A340– Airbus Service Bulletin A330–57– 211, –212, –213 –311, –312, –313, –541, and 3096, Revision 5, dated October 17, 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; –642 airplanes; certificated in any category; 2013. all manufacturer serial numbers. • Airbus Service Bulletin A340–57– 2. Is not a ‘‘significant rule’’ under the 4104, Revision 4, dated October 17, DOT Regulatory Policies and Procedures (d) Subject 2013. (44 FR 11034, February 26, 1979); Air Transport Association (ATA) of • Airbus Service Bulletin A340–57– 3. Will not affect intrastate aviation in America Code 57, Wings. Alaska; and 5009, Revision 3, dated October 17, (e) Reason 2013. 4. Will not have a significant economic impact, positive or negative, This AD was prompted by reports of The service information describes cracking of the main landing gear (MLG) rib procedures for detailed inspections of on a substantial number of small entities under the criteria of the Regulatory 6 aft bearing forward lug. We are issuing this the MLG rib 6 forward and aft lugs for AD to detect and correct cracking of the MLG cracking. This service information is Flexibility Act. rib 6 aft bearing lugs, which could result in reasonably available; see ADDRESSES for Examining the AD Docket collapse of the MLG upon landing. ways to access this service information. You may examine the AD docket on (f) Compliance Costs of Compliance the Internet at http:// Comply with this AD within the We estimate that this AD affects 81 www.regulations.gov/#!docketDetail;D= compliance times specified, unless already airplanes of U.S. registry. FAA-2014-0620; or in person at the done. We estimate that it will take about 2 Docket Management Facility between 9 (g) Inspections a.m. and 5 p.m., Monday through work-hours per product to comply with Within 42 months since the airplane’s first the basic requirements of this AD. The Friday, except Federal holidays. The AD flight or since the last MLG support rib average labor rate is $85 per work hour. docket contains this AD, the regulatory replacement, as applicable; or within 4 Required parts will cost about $0 per evaluation, any comments received, and months after the effective date of this AD; product. Based on these figures, we other information. The street address for whichever occurs later: Do a detailed estimate the cost of this AD on U.S. the Docket Operations office (telephone inspection for cracking of the left-hand and operators to be $13,770, or $170 per 800–647–5527) is in the ADDRESSES right-hand wing MLG rib 6 aft bearing lugs product. section. (forward and aft), in accordance with the We have no definitive data that would Accomplishment Instructions of Airbus List of Subjects in 14 CFR Part 39 Service Bulletin A330–57–3096, Revision 05, enable us to provide a cost estimate for Air transportation, Aircraft, Aviation dated October 17, 2013; (for Model A330– the on-condition actions specified in 201, –202, –203, –223, –223F, –243, –243F, this AD. safety, Incorporation by reference, –301, –302, –303, –321, –322, –323, –341, Safety. Authority for This Rulemaking –342, and –343 airplanes); A340–57–4104, Adoption of the Amendment Revision 04, dated October 17, 2013 (for Title 49 of the United States Code Model A340–211, –212, –213, –311, –312, specifies the FAA’s authority to issue Accordingly, under the authority –313 airplanes); or A340–57–5009, Revision rules on aviation safety. Subtitle I, delegated to me by the Administrator, 03, dated October 17, 2013 (for Model A340– section 106, describes the authority of the FAA amends 14 CFR part 39 as 541 and –642 airplanes); as applicable. the FAA Administrator. ‘‘Subtitle VII: follows: Repeat the inspections at the times specified Aviation Programs,’’ describes in more in paragraphs (g)(1) through (g)(7) of this AD, PART 39—AIRWORTHINESS as applicable. detail the scope of the Agency’s DIRECTIVES (1) For Model A330–201, –202, –203, –223, authority. and –243 airplanes, repeat the inspections at We are issuing this rulemaking under ■ 1. The authority citation for part 39 intervals not to exceed 300 flight cycles or the authority described in ‘‘Subtitle VII, continues to read as follows: 1,500 flight hours, whichever occurs first. Part A, Subpart III, Section 44701: (2) For Model A330–223F and –243F General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. airplanes, repeat the inspections at intervals section, Congress charges the FAA with not to exceed 300 flight cycles or 900 flight § 39.13 [Amended] promoting safe flight of civil aircraft in hours, whichever occurs first. air commerce by prescribing regulations ■ 2. The FAA amends § 39.13 by (3) For Model A330–301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes, for practices, methods, and procedures removing Airworthiness Directive (AD) 2007–22–10, Amendment 39–15246 (72 repeat the inspections at intervals not to the Administrator finds necessary for exceed 300 flight cycles or 900 flight hours, safety in air commerce. This regulation FR 61796, November 1, 2007; corrected whichever occurs first. is within the scope of that authority November 16, 2007 (72 FR 64532)), and (4) For Model A340–211, –212, and –213 because it addresses an unsafe condition adding the following new AD: airplanes, repeat the inspections at intervals that is likely to exist or develop on 2015–03–06 Airbus: Amendment 39–18102, not to exceed 200 flight cycles or 800 flight products identified in this rulemaking Docket No. FAA–2014–0620; Directorate hours, whichever occurs first. action. Identifier 2013–NM–238–AD. (5) For Model A340–311 and –312 airplanes; and Model A340–313 airplanes Regulatory Findings (a) Effective Date (except weight variant (WV) 27), repeat the We determined that this AD will not This AD becomes effective March 25, 2015. inspections at intervals not to exceed 200 flight cycles or 800 flight hours, whichever have federalism implications under (b) Affected ADs occurs first. Executive Order 13132. This AD will This AD replaces AD 2007–22–10, (6) For Model A340–313 (only WV27) not have a substantial direct effect on Amendment 39–15246 (72 FR 61796, airplanes, repeat the inspections at intervals the States, on the relationship between November 1, 2007; corrected November 16, not to exceed 200 flight cycles or 400 flight the national government and the States, 2007 (72 FR 64532)). hours, whichever occurs first.
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(7) For Model A340–541 and –642 incorporated by reference in AD 2007–22–10, (iii) Airbus Service Bulletin A340–57– airplanes, repeat the inspections at intervals Amendment 39–15246 (72 FR 61796, 5009, Revision 03, dated October 17, 2013. not to exceed 100 flight cycles or 500 flight November 1, 2007; corrected November 16, (3) For service information identified in hours, whichever occurs first. 2007 (72 FR 64532)), on November 16, 2007. this AD, contact Airbus SAS, Airworthiness (12) Airbus Service Bulletin A340–57– Office—EAL, 1 Rond Point Maurice Bellonte, (h) Corrective Action 5009, Revision 02, dated October 24, 2012, 31707 Blagnac Cedex, France; telephone +33 If any cracking is found during any which is not incorporated by reference in this 5 61 93 36 96; fax +33 5 61 93 45 80; email inspection required by paragraph (g) of this AD. [email protected]; AD, before further flight, replace the cracked Internet http://www.airbus.com. MLG support rib using a method approved by (j) Other FAA AD Provisions (4) You may view this service information the Manager, International Branch, ANM– The following provisions also apply to this at the FAA, Transport Airplane Directorate, 116, Transport Airplane Directorate, FAA; or AD: 1601 Lind Avenue SW., Renton, WA. For the European Aviation Safety Agency (1) Alternative Methods of Compliance information on the availability of this (EASA); or Airbus’s EASA Design (AMOCs): The Manager, International material at the FAA, call 425–227–1221. Organization Approval (DOA). If approved by Branch, ANM–116, Transport Airplane (5) You may view this service information the DOA, the approval must include the Directorate, FAA, has the authority to that is incorporated by reference at the DOA-authorized signature. Replacement of approve AMOCs for this AD, if requested National Archives and Records an MLG support rib does not terminate the using the procedures found in 14 CFR 39.19. Administration (NARA). For information on repetitive inspections required by paragraph In accordance with 14 CFR 39.19, send your the availability of this material at NARA, call (g) of this AD. request to your principal inspector or local 202–741–6030, or go to: http:// Flight Standards District Office, as www.archives.gov/federal-register/cfr/ibr- (i) Credit for Previous Actions appropriate. If sending information directly locations.html. This paragraph provides credit for the to the International Branch, send it to ATTN: corresponding actions required by paragraph Issued in Renton, Washington, on February Vladimir Ulyanov, Aerospace Engineer, 2, 2015. (g) of this AD, if those actions were International Branch, ANM–116, Transport performed before the effective date of this AD Airplane Directorate, FAA, 1601 Lind Dionne Palermo, using the applicable service bulletin Avenue SW., Renton, WA 98057–3356; Acting Manager, Transport Airplane identified in paragraphs (i)(1) through (i)(12) telephone 425–227–1138; fax 425–227–1149. Directorate, Aircraft Certification Service. of this AD. Information may be emailed to: 9-ANM-116- [FR Doc. 2015–02672 Filed 2–17–15; 8:45 am] (1) Airbus Service Bulletin A330–57A3096, [email protected]. Before using BILLING CODE 4910–13–P dated December 5, 2006, which was any approved AMOC, notify your appropriate incorporated by reference in AD 2007–03–04, principal inspector, or lacking a principal Amendment 39–14915 (72 FR 4416, January inspector, the manager of the local flight DEPARTMENT OF TRANSPORTATION 31, 2007), on February 15, 2007. standards district office/certificate holding (2) Airbus Service Bulletin A330–57A3096, district office. The AMOC approval letter Federal Aviation Administration Revision 01, dated April 18, 2007, which is must specifically reference this AD. not incorporated by reference in this AD. (2) Contacting the Manufacturer: As of the (3) Airbus Service Bulletin A330–57–3096, effective date of this AD, for any requirement 14 CFR Part 39 excluding appendix 01, Revision 02, dated in this AD to obtain corrective actions from [Docket No. FAA–2014–0484; Directorate August 13, 2007, which was incorporated by a manufacturer, the action must be reference in AD 2007–22–10, Amendment Identifier 2013–NM–245–AD; Amendment accomplished using a method approved by 39–18101; AD 2015–03–05] 39–15246 (72 FR 61796, November 1, 2007; the Manager, International Branch, ANM– corrected November 16, 2007 (72 FR 64532)), 116, Transport Airplane Directorate, FAA; or RIN 2120–AA64 on November 16, 2007. the European Aviation Safety Agency (4) Airbus Service Bulletin A330–57–3096, (EASA); or Airbus’s EASA Design Airworthiness Directives; Airbus Revision 03, dated October 24, 2012, which Organization Approval (DOA). If approved by Airplanes is not incorporated by reference in this AD. the DOA, the approval must include the (5) Airbus Service Bulletin A330–57–3096, DOA-authorized signature. AGENCY: Federal Aviation Revision 04, dated February 6, 2013, which (k) Related Information Administration (FAA), Department of is not incorporated by reference in this AD. Transportation (DOT). (6) Airbus Service Bulletin A340–57A4104, (1) Refer to Mandatory Continuing dated December 5, 2006, which was Airworthiness Information (MCAI) EASA ACTION: Final rule. incorporated by reference in AD 2007–03–04, Airworthiness Directive 2013–0271, dated Amendment 39–14915 (72 FR 4416, January November 14, 2013, for related information. SUMMARY: We are superseding 31, 2007), on February 15, 2007. You may examine the MCAI in the AD Airworthiness Directive (AD) 2012–09– (7) Airbus Service Bulletin A340–57–4104, docket on the Internet at http:// 07 for certain Airbus Model A319–111, Revision 01, dated August 13, 2007, which is www.regulations.gov/#!documentDetail;D= –112, and –132 airplanes; Model A320– not incorporated by reference in this AD. FAA-2014-0620-0004. 111, –211, –212, –214, and –232 (8) Airbus Service Bulletin A340–57–4104, (2) Service information identified in this airplanes; and Model A321–111, –211, excluding appendix 01, Revision 02, dated AD that is not incorporated by reference is –212, and –231 airplanes. AD 2012–09– September 5, 2007, which was incorporated available at the addresses specified in 07 required an electrical bonding test by reference in AD 2007–22–10, Amendment paragraphs (l)(3) and (l)(4) of this AD. 39–15246 (72 FR 61796, November 1, 2007; between the gravity fill re-fuel adaptor corrected November 16, 2007 (72 FR 64532)), (l) Material Incorporated by Reference and the top skin panels on the wings; on November 16, 2007. (1) The Director of the Federal Register and, if necessary, an inspection for (9) Airbus Service Bulletin A340–57–4104, approved the incorporation by reference corrosion of the component interface Revision 03, dated October 24, 2012, which (IBR) of the service information listed in this and adjacent area; and repairing the is not incorporated by reference in this AD. paragraph under 5 U.S.C. 552(a) and 1 CFR gravity fuel adaptor if necessary. This (10) Airbus Service Bulletin A340– part 51. new AD adds airplanes to the 57A5009, dated December 5, 2006, which (2) You must use this service information applicability and requires inspecting was incorporated by reference in AD 2007– as applicable to do the actions required by 03–04, Amendment 39–14915 (72 FR 4416, this AD, unless this AD specifies otherwise. those airplanes to determine if a repair January 31, 2007), on February 15, 2007. (i) Airbus Service Bulletin A330–57–3096, was done, and doing the electrical (11) Airbus Service Bulletin A340–57– Revision 05, dated October 17, 2013. bonding test and corrective action if 5009, excluding appendix 01, Revision 01, (ii) Airbus Service Bulletin A340–57–4104, necessary. This AD was prompted by a dated August 13, 2007, which was Revision 04, dated October 17, 2013. determination that more airplanes are
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subject to the identified unsafe Directive 2013–0277R1, dated December Internet at http://www.regulations.gov/# condition. We are issuing this AD to 4, 2013 (referred to after this as the !documentDetail;D=FAA-2014-0484- detect and correct corrosion and Mandatory Continuing Airworthiness 0002. improper bonding, which, in Information, or ‘‘the MCAI’’), to correct Comments combination with a lightning strike in an unsafe condition for all Airbus this area, could create a source of Model A318–111, –112, –121, and –122 We gave the public the opportunity to ignition in a fuel tank, resulting in a fire airplanes; Model A319–111, –112, –113, participate in developing this AD. The or explosion and consequent loss of the –114, –115, –131, –132, and –133 following presents the comment airplane. airplanes; Model A320–111, –211, –212, received on the NPRM (79 FR 44144, DATES: This AD becomes effective –214, –231, –232, and –233 airplanes; July 30, 2014) and the FAA’s response March 25, 2015. and Model A321–111, –112, –131, –211, to the comment. –212, –213, –231, and –232 airplanes. The Director of the Federal Register Request To Include Revised Service The MCAI states: approved the incorporation by reference Information of a certain publication listed in this AD Cases of corrosion findings were reported as of March 25, 2015. on the overwing refueling aperture (used to United Airlines (UAL) asked that we ADDRESSES: You may examine the AD fill the fuel tank by gravity) on the wing top include a statement in the NPRM (79 FR docket on the Internet at http:// skin. The reported corrosion was on the 44144, July 30, 2014), which allows www.regulations.gov/#!docketDetail;D= mating surface of the aperture flange, performing the required actions in FAA-2014-0484; or in person at the underneath the refuel adaptor. Corrosion accordance with the instructions of findings have been repaired on a case by case Docket Management Facility, U.S. Airbus Service Bulletin A320–57–1152, basis in accordance with approved data. Revision 01, dated December 19, 2013. Department of Transportation, Docket For certain aeroplanes, the repair provided Operations, M–30, West Building by Airbus contained instructions to apply UAL stated that the revised service Ground Floor, Room W12–140, 1200 primer coating on the mating surface. Since information specifies the same method New Jersey Avenue SE., Washington, doing those repairs, it has been found that of inspection as specified in Airbus DC. this primer coating may prevent proper Service Bulletin A320–57–1152, dated For service information identified in electrical bonding provision between the June 14, 2010. UAL further stated that this AD, contact Airbus, Airworthiness overwing refueling cap adaptor and the wing Revision 01 of this service bulletin also skin. Office—EIAS, 1 Rond Point Maurice provides operators with updated repair This condition, if not detected and instructions that were not available in Bellonte, 31707 Blagnac Cedex, France; corrected, could, in combination with a telephone +33 5 61 93 36 96; fax +33 5 lightning strike in this area, create a source the original issue of this service 61 93 44 51; email account.airworth- of ignition in a fuel tank, possibly resulting bulletin. [email protected]; Internet http:// in a fire or explosion and consequent loss of We agree with the commenter’s www.airbus.com. You may view this the aeroplane. request. Since issuance of the NPRM (79 referenced service information at the To address this potential unsafe condition, FR 44144, July 30, 2014), Airbus has EASA issued AD 2011–0034 [http:// FAA, Transport Airplane Directorate, _ _ _ issued Service Bulletin A320–57–1152, ad.easa.europa.eu/blob/easa ad 2011 Revision 01, dated December 19, 2013. 1601 Lind Avenue SW., Renton, WA. 0034.pdf/AD_2011-0034] to require a one- For information on the availability of time electrical bonding check between the This revision states that no additional this material at the FAA, call 425–227– gravity fill re-fuel adaptor and the top skin work is necessary on airplanes changed 1221. It is also available on the Internet panels on the affected aeroplanes (identified in accordance with Airbus Service at http://www.regulations.gov by by MSN [manufacturer serial number] in the Bulletin A320–57–1152, dated June 14, searching for and locating Docket No. applicability section of that [EASA] AD) and, 2010, which was specified as the FAA–2014–0484. in case of findings, the accomplishment of appropriate source of service applicable corrective actions. FOR FURTHER INFORMATION CONTACT: information in the NPRM (79 FR 44144, Since that [EASA] AD was issued, EASA July 30, 2014). Sanjay Ralhan, Aerospace Engineer, has been made aware that some operators International Branch, ANM–116, may inadvertently have applied an Airbus We have changed paragraph (g) of this Transport Airplane Directorate, FAA, repair, approved for only one aeroplane AD to specify Airbus Service Bulletin 1601 Lind Avenue SW., Renton, WA MSN, to other aeroplanes, without requesting A320–57–1152, Revision 01, dated 98057–3356; telephone 425–227–1405; a revision of the repair to add aeroplanes, or December 19, 2013. We have also added fax 425–227–1149. to notify Airbus of such action(s). a new paragraph (h) to this AD to give Consequently, the condition addressed by SUPPLEMENTARY INFORMATION: credit for actions done before the EASA AD 2011–0034 could affect more effective date of this AD using Airbus Discussion aeroplanes than initially determined. Service Bulletin A320–57–1152, dated For the reasons described above, this June 14, 2010, and redesignated We issued a notice of proposed [EASA] AD retains the requirements of EASA rulemaking (NPRM) to amend 14 CFR AD 2011–0034, which is superseded, and subsequent paragraphs accordingly. part 39 to supersede AD 2012–09–07, expands the Applicability to all A320 family Conclusion Amendment 39–17042 (77 FR 28238, aeroplane Models, all MSN. May 14, 2012). AD 2012–09–07 applied This [EASA] AD has been revised to amend We reviewed the relevant data and to certain Airbus Model A319–111, and clarify paragraph (3), and to correct an determined that air safety and the –112, and –132 airplanes; Model A320– error in the Type/Model designations on page public interest require adopting this AD 111, –211, –212, –214, and –232 1, where the A318 was inadvertently omitted. with the changes described previously airplanes; and Model A321–111, –211, For the newly added airplanes, required and minor editorial changes. We have –212, and –231 airplanes. The NPRM actions include inspecting for the determined that these minor changes: published in the Federal Register on presence of a corrosion repair on an • Are consistent with the intent that July 30, 2014 (79 FR 44144). overwing refueling aperture, and doing was proposed in the NPRM (79 FR The European Aviation Safety Agency the electrical bonding test and 44144, July 30, 2014) for correcting the (EASA), which is the Technical Agent applicable corrective actions if a repair unsafe condition; and for the Member States of the European has been installed. You may examine • Do not add any additional burden Union, has issued EASA Airworthiness the MCAI in the AD docket on the upon the public than was already
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proposed in the NPRM (79 FR 44144, because it addresses an unsafe condition 2015–03–05 Airbus: Amendment 39–18101. July 30, 2014). that is likely to exist or develop on Docket No. FAA–2014–0484; Directorate We also determined that these products identified in this rulemaking Identifier 2013–NM–245–AD. changes will not increase the economic action. (a) Effective Date burden on any operator or increase the This AD becomes effective March 25, 2015. scope of this AD. Regulatory Findings We determined that this AD will not (b) Affected ADs Related Service Information Under 1 have federalism implications under This AD replaces AD 2012–09–07, CFR Part 51 Executive Order 13132. This AD will Amendment 39–17042 (77 FR 28238, May 14, Airbus has issued Service Bulletin not have a substantial direct effect on 2012). A320–57–1152, Revision 01, dated the States, on the relationship between (c) Applicability December 19, 2013. The service the national government and the States, (1) This AD applies to Airbus Model A318– information describes procedures for or on the distribution of power and 111, –112, –121, and –122 airplanes; Model inspecting certain airplanes to responsibilities among the various A319–111, –112, –113, –114, –115, –131, determine if a repair was done, and levels of government. –132, and –133 airplanes; Model A320–111, doing an electrical bonding test and For the reasons discussed above, I –211, –212, –214, –231, –232, and –233 corrective action if necessary. This certify that this AD: airplanes; and Model A321–111, –112, –131, service information is reasonably 1. Is not a ‘‘significant regulatory –211, –212, –213, –231, and –232 airplanes; available; see ADDRESSES for ways to action’’ under Executive Order 12866; certificated in any category; all manufacturer access this service information. 2. Is not a ‘‘significant rule’’ under the serial numbers, except airplanes identified in paragraph (c)(2) of this AD. DOT Regulatory Policies and Procedures Costs of Compliance (2) Airplanes that have been delivered from (44 FR 11034, February 26, 1979); production with Airbus Modification 38209 We estimate that this AD affects 851 3. Will not affect intrastate aviation in (Removal of the Outer Wing Refueling airplanes of U.S. registry. Alaska; and Aperture) incorporated, and without Airbus The actions required by AD 2012–09– 4. Will not have a significant Modification 38206 (Re-introduction of the 07, Amendment 39–17042 (77 FR economic impact, positive or negative, Outer Wing Refueling Aperture) 28238, May 14, 2012), and retained in on a substantial number of small entities incorporated, are not affected by the this AD take about 2 work-hours per under the criteria of the Regulatory requirements of this AD. product, at an average labor rate of $85 Flexibility Act. (d) Subject per work-hour. Based on these figures, Examining the AD Docket Air Transport Association (ATA) of the estimated cost of the actions that America Code 57, Wings. were required by AD 2012–09–07 is You may examine the AD docket on $170 per product. the Internet at http:// (e) Reason We also estimate that it takes about 2 www.regulations.gov/#!docketDetail;D= This AD was prompted by a determination work-hours per product to comply with FAA-2014-0484; or in person at the that more airplanes are subject to the the basic requirements of this AD. The Docket Management Facility between 9 identified unsafe condition. We are issuing average labor rate is $85 per work-hour. this AD to detect and correct corrosion and a.m. and 5 p.m., Monday through improper bonding, which, in combination Required parts cost about $0 per Friday, except Federal holidays. The AD with a lightning strike in this area, could product. Based on these figures, we docket contains this AD, the regulatory create a source of ignition in a fuel tank, estimate the cost of this AD on U.S. evaluation, any comments received, and resulting in a fire or explosion and operators to be $144,670, or $170 per other information. The street address for consequent loss of the airplane. product. the Docket Operations office (telephone (f) Compliance In addition, we estimate that any 800–647–5527) is in the ADDRESSES Comply with this AD within the necessary follow-on actions will take section. about 11 work-hours, for a cost of $935 compliance times specified, unless already done. per product. We have no way of List of Subjects in 14 CFR Part 39 determining the number of aircraft that Air transportation, Aircraft, Aviation (g) Retained Electrical Bonding Test, and might need these actions. safety, Incorporation by reference, General Visual Inspection if Necessary, With Safety. Changes Authority for This Rulemaking This paragraph restates the requirements of Title 49 of the United States Code Adoption of the Amendment paragraph (g) of AD 2012–09–07, specifies the FAA’s authority to issue Accordingly, under the authority Amendment 39–17042 (77 FR 28238, May 14, rules on aviation safety. Subtitle I, delegated to me by the Administrator, 2012), with revised repair approval language section 106, describes the authority of the FAA amends 14 CFR part 39 as and revised service information. For Model the FAA Administrator. ‘‘Subtitle VII: A319–111, –112, and –132 airplanes; Model follows: A320–111, –211, –212, –214 and –232 Aviation Programs,’’ describes in more airplanes; and Model A321–111, –211, –212, detail the scope of the Agency’s PART 39—AIRWORTHINESS and –231 airplanes; certificated in any authority. DIRECTIVES category; having manufacturer serial numbers We are issuing this rulemaking under 0039, 0078, 0109, 0118, 0120, 0153, 0174, ■ the authority described in ‘‘Subtitle VII, 1. The authority citation for part 39 0187, 0203, 0215, 0218, 0226, 0227, 0228, Part A, Subpart III, Section 44701: continues to read as follows: 0236, 0237, 0269, 0270, 0278, 0285, 0286, General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. 0287, 0288, 0294, 0301, 0337, 0377, 0462, section, Congress charges the FAA with 0463, 0464, 0465, 0520, 0523, 0528, 0876, promoting safe flight of civil aircraft in § 39.13 [Amended] 0888, 0921, 0935, 0974, 1014, 1102, 1130, ■ 1160, 1162, 1177, 1215, 1250, 1287, 1336, air commerce by prescribing regulations 2. The FAA amends § 39.13 by 1388, 1404, 1444, 1449, 1476, 1505, 1524, for practices, methods, and procedures removing Airworthiness Directive (AD) 1564, 1605, 1616, 1622, 1640, 1645, 1658, the Administrator finds necessary for 2012–09–07, Amendment 39–17042 (77 1677, 1691, 1729, and 1905: Within 24 safety in air commerce. This regulation FR 28238, May 14, 2012), and adding months after June 18, 2012 (the effective date is within the scope of that authority the following new AD: of AD 2012–09–07), do an electrical bonding
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test to check for bonding between the re-fuel (j) Corrosion Repair Provision (ii) Reserved. adaptor of the gravity fill and the top skin As of the effective date of this AD, any (3) For service information identified in panels on the left-hand and right-hand wings, corrosion repair done on an overwing this AD, contact Airbus, Airworthiness in accordance with the Accomplishment refueling aperture on any airplane must Office—EIAS, 1 Rond Point Maurice Instructions of Airbus Service Bulletin A320– comply with the repair requirements of Bellonte, 31707 Blagnac Cedex, France; 57–1152, Revision 01, dated December 19, paragraph (g)(2) of this AD. telephone +33 5 61 93 36 96; fax +33 5 61 2013. 93 44 51; email account.airworth-eas@ (1) If the resistance value is 10 milliohms (k) Other FAA AD Provisions airbus.com; Internet http://www.airbus.com. or less at the left-hand and right-hand wing, The following provisions also apply to this (4) You may view this service information no further action is required by this AD: at the FAA, Transport Airplane Directorate, paragraph. (1) Alternative Methods of Compliance 1601 Lind Avenue SW., Renton, WA. For (2) If the resistance value is greater than 10 (AMOCs): The Manager, International information on the availability of this milliohms at the left-hand or right-hand Branch, ANM–116, Transport Airplane material at the FAA, call 425–227–1221. wing, before further flight, do a general visual Directorate, FAA, has the authority to (5) You may view this service information inspection for corrosion of the component approve AMOCs for this AD, if requested that is incorporated by reference at the interface and adjacent area, in accordance using the procedures found in 14 CFR 39.19. National Archives and Records with the Accomplishment Instructions of In accordance with 14 CFR 39.19, send your Administration (NARA). For information on Airbus Service Bulletin A320–57–1152, request to your principal inspector or local the availability of this material at NARA, call Revision 01, dated December 19, 2013. If any Flight Standards District Office, as 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibr- corrosion is found during the inspection, appropriate. If sending information directly locations.html. before further flight, repair the gravity fill to the International Branch, send it to ATTN: fuel adaptor, in accordance with the Sanjay Ralhan, Aerospace Engineer, Issued in Renton, Washington, on February Accomplishment Instructions of Airbus International Branch, ANM–116, Transport 4, 2015. Service Bulletin A320–57–1152, Revision 01, Airplane Directorate, FAA, 1601 Lind Dionne Palermo, dated December 19, 2013; except where Avenue SW., Renton, WA 98057–3356; Airbus Service Bulletin A320–57–1152, Acting Manager, Transport Airplane telephone 425–227–1405; fax 425–227–1149. Revision 01, dated December 19, 2013, Directorate, Aircraft Certification Service. Information may be emailed to: 9-ANM-116- specifies to contact Airbus, before further [email protected]. [FR Doc. 2015–02697 Filed 2–17–15; 8:45 am] flight, repair using a method approved by the (i) Before using any approved AMOC, BILLING CODE 4910–13–P Manager, International Branch, ANM–116, notify your appropriate principal inspector, Transport Airplane Directorate, FAA; or the or lacking a principal inspector, the manager European Aviation Safety Agency (EASA); or of the local flight standards district office/ DEPARTMENT OF TRANSPORTATION Airbus’s EASA Design Organization certificate holding district office. The AMOC Approval (DOA). If approved by the DOA, approval letter must specifically reference Federal Aviation Administration the approval must include the DOA- authorized signature. this AD. (ii) AMOCs approved previously for AD 14 CFR Part 39 (h) Credit for Previous Actions 2012–09–07, Amendment 39–17042 (77 FR [Docket No. FAA–2014–0522; Directorate This paragraph provides credit for the 28238, May 14, 2012), are approved as AMOCs for the corresponding provisions of Identifier 2014–NM–087–AD; Amendment actions specified in paragraph (g) of this AD, 39–18100; AD 2015–03–04] if those actions were performed before the this AD. effective date of this AD using Airbus Service (2) Contacting the Manufacturer: As of the RIN 2120–AA64 Bulletin A320–57–1152, dated June 14, 2010, effective date of this AD, for any requirement which was incorporated by reference in AD in this AD to obtain corrective actions from Airworthiness Directives; The Boeing 2012–09–07, Amendment 39–17042 (77 FR a manufacturer, the action must be Company Airplanes 28238, May 14, 2012). accomplished using a method approved by the Manager, International Branch, ANM– AGENCY: Federal Aviation (i) New Requirement of This AD: 116, Transport Airplane Directorate, FAA; or Administration (FAA), DOT. Maintenance Check/Electrical Bonding Test EASA; or Airbus’s EASA DOA. If approved ACTION: Final rule. and Corrective Action if Necessary by the DOA, the approval must include the For airplanes other than those identified in DOA-authorized signature. SUMMARY: We are adopting a new paragraph (g) of this AD: Within 24 months (l) Related Information airworthiness directive (AD) for certain after the effective date of this AD, determine The Boeing Company Model 747–100, (1) Refer to Mandatory Continuing whether a corrosion repair has been done on 747–100B, 747–100B SUD, 747–200B, an overwing refueling aperture, whereby a Airworthiness Information (MCAI) EASA primer coating has been applied on the Airworthiness Directive 2013–0277R1, dated 747–200C, 747–200F, 747–300, 747– mating surface of the aperture flange. A December 4, 2013, for related information. 400, 747–400D, 747–400F, 747SR, and review of the airplane maintenance records is This MCAI may be found in the AD docket 747SP series airplanes. This AD was acceptable to make this determination, on the Internet at prompted by reports of fuselage skin provided that whether a primer coat was http://www.regulations.gov/#!document cracks at the lower forward corner of the applied can be conclusively determined from Detail;D=FAA-2014-0484-0002. main entry door (MED) 1 cutout. This that review. (2) Service information identified in this AD requires repetitive inspections of the (1) If it is determined that a primer coating AD that is not incorporated by reference in fuselage skin of the MED 1 cutout for was applied on the mating surface of the this AD is available at the addresses specified aperture flange; or if a determination cannot in paragraphs (m)(4) and (m)(5) of this AD. cracking, and repair if necessary; and be made, or the outcome is inconclusive: also provides an optional terminating (m) Material Incorporated by Reference Within 24 months after the effective date of modification, including post-repair or this AD do the electrical bonding test (1) The Director of the Federal Register post-modification fuselage skin specified in paragraph (g) of this AD, and approved the incorporation by reference inspections for cracking, and corrective before further flight, do all applicable actions (IBR) of the service information listed in this actions if necessary. We are issuing this specified in paragraph (g)(2) of this AD. paragraph under 5 U.S.C. 552(a) and 1 CFR AD to detect and correct skin cracking, (2) If it is determined that a corrosion part 51. which can become large and could (2) You must use this service information repair has not been done, and a primer adversely affect the structural integrity coating has not been applied on the mating as applicable to do the actions required by surface of the aperture flange since first entry this AD, unless this AD specifies otherwise. of the airplane. into service, no further action is required by (i) Airbus Service Bulletin A320–57–1152, DATES: This AD is effective March 25, this paragraph. Revision 01, dated December 19, 2013. 2015.
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The Director of the Federal Register skin of the MED 1 cutout for cracking, this AD does not require replacing approved the incorporation by reference and repair if necessary. The NPRM also airframes. The costs of accomplishing of a certain publication listed in this AD provided optional terminating the actions required by this AD, as as of March 25, 2015. modification, including post-repair or specified in Boeing Alert Service ADDRESSES: For service information post-modification inspections for Bulletin 747–53A2863, dated March 11, identified in this AD, contact Boeing cracking of the fuselage skin, and 2014 (inspection, repair if necessary, Commercial Airplanes, Attention: Data corrective actions if necessary. We are and optional modification), are included & Services Management, P.O. Box 3707, issuing this AD to detect and correct in the Costs of Compliance section of MC 2H–65, Seattle, WA 98124–2207; skin cracking, which can become large this AD. and could adversely affect the structural telephone 206–544–5000, extension 1; Request To Revise the Description of integrity of the airplane. fax 206–766–5680; Internet https:// the Location Where Cracking Was www.myboeingfleet.com. You may view Comments Identified this referenced service information at the FAA, Transport Airplane We gave the public the opportunity to Boeing requested that we revise the Directorate, 1601 Lind Avenue SW., participate in developing this AD. The SUMMARY and Discussion sections of Renton, WA. For information on the following presents the comments the preamble, and paragraphs (e), (g), availability of this material at the FAA, received on the NPRM (79 FR 45385, and (i) in the proposed AD (79 FR call 425–227–1221. It is also available August 5, 2014) and the FAA’s response 45385, August 5, 2014) to clarify that on the Internet at http:// to each comment. the cracking occurs in the fuselage skin, www.regulations.gov by searching for Support for the NPRM (79 FR 45385, which would match the title of Boeing and locating Docket No. FAA–2014– August 5, 2014) Alert Service Bulletin 747–53A2863, 0522. dated March 11, 2014. UPS stated that it agrees with the We agree with the commenter’s Examining the AD Docket intent of the NPRM (79 FR 45385, request because this change will help August 5, 2014). You may examine the AD docket on clarify the cracking location. We have the Internet at http:// Request To Withdraw the NPRM (79 FR revised this AD accordingly. www.regulations.gov by searching for 45385, August 5, 2014) Request To Revise Service Information and locating Docket No. FAA–2014– Mr. Jerry Adams requested that we and Cost Estimate 0522; or in person at the Docket withdraw the NPRM (79 FR 45385, Management Facility between 9 a.m. August 5, 2014). Mr. Adams stated that UPS requested that we revise the and 5 p.m., Monday through Friday, the manufacturer’s analysis and service information used in this AD. except Federal holidays. The AD docket subsequent action referred to in Boeing UPS stated that the power panels and contains this AD, the regulatory Alert Service Bulletin 747–53A2863, other equipment outboard of the main evaluation, any comments received, and dated March 11, 2014, should be equipment center (MEC) must be other information. The address for the sufficient. Mr. Adams stated that the removed in order to access the repair or Docket Office (phone: 800–647–5527) is cost of compliance does not include the modification area specified in the Docket Management Facility, U.S. increased cost of airframes that the NPRM (79 FR 45385, August 5, 2014). Department of Transportation, Docket customer must pay for, and that will UPS stated that these removals are Operations, M–30, West Building subsequently be passed along to the currently not included in the Ground Floor, Room W12–140, 1200 traveling consumer. Mr. Adams asserted Accomplishment Instructions of Boeing New Jersey Avenue SE., Washington, that this AD action would be Alert Service Bulletin 747–53A2863, DC 20590. counterproductive to business and the dated March 11, 2014, and will require FOR FURTHER INFORMATION CONTACT: cost of transportation to the general significantly greater manpower than Nathan Weigand, Aerospace Engineer, public. specified in the NPRM. Airframe Branch, ANM–120S, Seattle We agree with the comment that the We disagree with the commenter’s Aircraft Certification Office (ACO), actions described in Boeing Alert request. We have determined it is not FAA, 1601 Lind Avenue SW., Renton, Service Bulletin 747–53A2863, dated appropriate to delay this AD to WA 98057–3356; phone: 425–917–6428; March 11, 2014, are sufficient to correct incorporate revised service information fax: 425–917–6590; email: the identified unsafe condition. that might be published sometime in the [email protected]. However, we do not agree with the future. Note 10, in the Accomplishment SUPPLEMENTARY INFORMATION: commenter’s request to withdraw the Instructions of Boeing Alert Service NPRM (79 FR 45385, August 5, 2014). Bulletin 747–53A2863, dated March 11, Discussion We have identified an unsafe condition 2014, states: We issued a notice of proposed that is likely to exist or develop in other If it is necessary to remove more parts for rulemaking (NPRM) to amend 14 CFR products. Therefore, we must issue an access, you can remove those parts. If you part 39 by adding an AD that would airworthiness directive to correct the can get access without removing identified apply to certain The Boeing Company identified unsafe condition, as required parts, it is not necessary to remove all of the Model 747–100, 747–100B, 747–100B by section 39.5 of the Federal Aviation identified parts. Jacking and shoring limitations must be observed. SUD, 747–200B, 747–200C, 747–200F, Regulations (14 CFR 39.5). We 747–300, 747–400, 747–400D, 747– accomplish this by mandating specified Therefore, operators are already 400F, 747SR, and 747SP series actions described in Boeing Alert permitted to alter the way they gain airplanes. The NPRM published in the Service Bulletin 747–53A2863, dated access to the required areas for Federal Register on August 5, 2014 (79 March 11, 2014, by AD action. We have inspections/repairs/modifications FR 45385). The NPRM was prompted by not changed this AD in this regard. specified in this AD. We have received reports of fuselage skin cracks at the We also note that although the no definitive data that would enable us lower forward corner of the MED 1 commenter stated that the cost of to provide cost estimates for the MEC cutout. The NPRM proposed to require airframes was not included in the removal. We have not changed this AD repetitive inspections of the fuselage NPRM (79 FR 45385, August 5, 2014), in this regard.
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Conclusion • Do not add any additional burden 2014. The service information describes upon the public than was already procedures for inspection, repair, and We reviewed the relevant data, proposed in the NPRM (79 FR 45385, modification at the lower forward considered the comments received, and August 5, 2014). corner of the fuselage main entry door determined that air safety and the We also determined that these 1. This service information is reasonably public interest require adopting this AD changes will not increase the economic available; see ADDRESSES for ways to with the changes described previously burden on any operator or increase the access this service information. and minor editorial changes. We have scope of this AD. determined that these minor changes: Costs of Compliance • Are consistent with the intent that Related Service Information Under 1 We estimate that this AD affects 165 was proposed in the NPRM (79 FR CFR Part 51 airplanes of U.S. registry. 45385, August 5, 2014) for correcting We reviewed Boeing Alert Service We estimate the following costs to the unsafe condition; and Bulletin 747–53A2863, dated March 11, comply with this AD:
ESTIMATED COSTS
Action Labor cost Parts cost Cost per product Cost on U.S. operators
Inspection (per door) ...... 11 work-hours × $85 per hour $0 $935 per inspection cycle ...... $154,275 per inspection cycle. = $935 per inspection cycle. Optional modification (per Up to 66 work-hours × $85 0 Up to $5,610 ...... Up to $925,650. door). per hour = $5,610. Post-repair or -modification in- 11 work-hours × $85 per hour 0 $935 per inspection cycle ...... $154,275 per inspection cycle. spection (per door). = $935 per inspection cycle.
We estimate the following costs to do required based on the results of the determining the number of airplanes any necessary repair that would be inspection. We have no way of that might need this repair:
ON-CONDITION COSTS
Action Labor cost Parts cost Cost per product
Repair (per door) ...... 66 work-hours × $85 per hour = $7,380 or $9,360 ...... $12,990 or $14,970. $5,610.
Authority for This Rulemaking distribution of power and PART 39—AIRWORTHINESS Title 49 of the United States Code responsibilities among the various DIRECTIVES levels of government. specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 rules on aviation safety. Subtitle I, For the reasons discussed above, I continues to read as follows: section 106, describes the authority of certify that this AD: Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. Subtitle VII: (1) Is not a ‘‘significant regulatory Aviation Programs, describes in more action’’ under Executive Order 12866, § 39.13 [Amended] detail the scope of the Agency’s ■ authority. (2) Is not a ‘‘significant rule’’ under 2. The FAA amends § 39.13 by adding the following new airworthiness We are issuing this rulemaking under DOT Regulatory Policies and Procedures directive (AD): the authority described in Subtitle VII, (44 FR 11034, February 26, 1979), Part A, Subpart III, Section 44701: (3) Will not affect intrastate aviation 2015–03–04 The Boeing Company: ‘‘General requirements.’’ Under that in Alaska, and Amendment 39–18100 ; Docket No. section, Congress charges the FAA with FAA–2014–0522; Directorate Identifier (4) Will not have a significant 2014–NM–087–AD. promoting safe flight of civil aircraft in economic impact, positive or negative, air commerce by prescribing regulations (a) Effective Date on a substantial number of small entities for practices, methods, and procedures under the criteria of the Regulatory This AD is effective March 25, 2015. the Administrator finds necessary for Flexibility Act. (b) Affected ADs safety in air commerce. This regulation None. is within the scope of that authority List of Subjects in 14 CFR Part 39 because it addresses an unsafe condition (c) Applicability that is likely to exist or develop on Air transportation, Aircraft, Aviation This AD applies to The Boeing Company products identified in this rulemaking safety, Incorporation by reference, Model 747–100, 747–100B, 747–100B SUD, action. Safety. 747–200B, 747–200C, 747–200F, 747–300, 747–400, 747–400D, 747–400F, 747SR, and Regulatory Findings Adoption of the Amendment 747SP series airplanes, certificated in any category, as identified in Boeing Alert This AD will not have federalism Accordingly, under the authority implications under Executive Order Service Bulletin 747–53A2863, dated March delegated to me by the Administrator, 11, 2014. 13132. This AD will not have a the FAA amends 14 CFR part 39 as (d) Subject substantial direct effect on the States, on follows: the relationship between the national Air Transport Association (ATA) of government and the States, or on the America Code 53, Fuselage.
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(e) Unsafe Condition (j) Exceptions to Service Information Administration (NARA). For information on This AD was prompted by reports of (1) Where paragraph 1.E., ‘‘Compliance,’’ of the availability of this material at NARA, call fuselage skin cracks at the lower forward Boeing Alert Service Bulletin 747–53A2863, 202–741–6030, or go to: http:// corner of the main entry door (MED) 1 dated March 11, 2014, specifies a compliance www.archives.gov/federal-register/cfr/ibr- locations.html. cutout. We are issuing this AD to detect and time ‘‘after the Original issue date of this correct skin cracking, which can become service bulletin,’’ this AD requires compliance within the specified compliance Issued in Renton, Washington, on February large and could adversely affect the structural 2, 2015. integrity of the airplane. time after the effective date of this AD. (2) If any cracking is found during any Jeffrey E. Duven, (f) Compliance inspection required by this AD, and Boeing Manager, Transport Airplane Directorate, Comply with this AD within the Alert Service Bulletin 747–53A2863, dated Aircraft Certification Service. compliance times specified, unless already March 11, 2014, specifies to contact Boeing [FR Doc. 2015–02689 Filed 2–17–15; 8:45 am] done. for appropriate action: Before further flight, repair the cracking using a method approved BILLING CODE 4910–13–P (g) Repetitive Inspections and Corrective in accordance with the procedures specified Actions in paragraph (k) of this AD. Except as specified in paragraph (j)(1) of (k) Alternative Methods of Compliance DEPARTMENT OF COMMERCE this AD, at the applicable time specified in (AMOCs) paragraph 1.E., ‘‘Compliance,’’ of Boeing Bureau of Industry and Security Alert Service Bulletin 747–53A2863, dated (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the March 11, 2014: Do a detailed inspection and 15 CFR Parts 730 and 744 authority to approve AMOCs for this AD, if a surface high frequency eddy current requested using the procedures found in 14 inspection for cracking of the fuselage skin at [Docket No. 150123073–5073–01] CFR 39.19. In accordance with 14 CFR 39.19, the applicable MED 1 cutout, and do all send your request to your principal inspector RIN 0694–AG48 applicable corrective actions, in accordance or local Flight Standards District Office, as with the Accomplishment Instructions of appropriate. If sending information directly Updated Statements of Legal Authority Boeing Alert Service Bulletin 747–53A2863, to the manager of the ACO, send it to the for the Export Administration dated March 11, 2014. Do all applicable attention of the person identified in Regulations To Include Presidential corrective actions before further flight. paragraph (l)(1) of this AD. Information may Notice of January 21, 2015 Repeat the inspections of the applicable MED be emailed to: 9-ANM-Seattle-ACO-AMOC- 1 cutout thereafter at the applicable intervals [email protected]. AGENCY: Bureau of Industry and specified in paragraph 1.E., ‘‘Compliance,’’ of (2) Before using any approved AMOC, Security, Commerce. Boeing Alert Service Bulletin 747–53A2863, notify your appropriate principal inspector, ACTION: Final rule. dated March 11, 2014. Accomplishing the or lacking a principal inspector, the manager corrective actions required by this paragraph of the local flight standards district office/ SUMMARY: This rule updates the Code of terminates the repetitive inspection certificate holding district office. requirements of this paragraph. Federal Regulations (CFR) legal (l) Related Information authority paragraphs in the Export (h) Optional Terminating Action For more information about this AD, Administration Regulations (EAR) to For airplanes on which no crack is found contact Nathan Weigand, Aerospace cite a Presidential notice that extended during the initial inspections required by Engineer, Airframe Branch, ANM–120S, an emergency declared pursuant to the paragraph (g) of this AD: Installing the Seattle Aircraft Certification Office (ACO), International Emergency Economic preventive modification in accordance with FAA, 1601 Lind Avenue SW., Renton, WA Powers Act. This is a procedural rule the Accomplishment Instructions of Boeing 98057–3356; phone: 425–917–6428; fax: 425– Alert Service Bulletin 747–53A2863, dated that only updates authority paragraphs 917–6590; email: of the EAR. It does not alter any right, March 11, 2014, terminates the repetitive [email protected]. inspections required by paragraph (g) of this obligation or prohibition that applies to AD. (m) Material Incorporated by Reference any person under the EAR. (i) Post-Repair or Post-Modification (1) The Director of the Federal Register DATES: The rule is effective February 18, Repetitive Inspections and Corrective approved the incorporation by reference 2015. Actions (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR FOR FURTHER INFORMATION CONTACT: For airplanes on which the corrective part 51. William Arvin, Regulatory Policy actions required by paragraph (g) of this AD (2) You must use this service information Division, Bureau of Industry and have been done, or airplanes that have as applicable to do the actions required by Security, Email william.arvin@ installed the preventive modification this AD, unless the AD specifies otherwise. bis.doc.gov, Telephone: (202) 482–2440. specified in paragraph (h) of this AD: At the (i) Boeing Alert Service Bulletin 747– SUPPLEMENTARY INFORMATION: applicable time specified in paragraph 1.E., 53A2863, dated March 11, 2014. ‘‘Compliance,’’ of Boeing Alert Service (ii) Reserved. Background Bulletin 747–53A2863, dated March 11, (3) For Boeing service information 2014, do a detailed inspection for cracking of identified in this AD, contact Boeing The authority for parts 730 and 744 of the fuselage skin at the applicable MED 1 Commercial Airplanes, Attention: Data & the EAR (15 CFR parts 730 and 744) cutout, and do all applicable corrective Services Management, P.O. Box 3707, MC rests, in part, on Executive Order 12947 actions, in accordance with the 2H–65, Seattle, WA 98124–2207; telephone of January 23, 1995—Prohibiting Accomplishment Instructions of Boeing Alert 206–544–5000, extension 1; fax 206–766– Transactions With Respect to Terrorists Service Bulletin 747–53A2863, dated March 5680; Internet https:// Who Threaten To Disrupt the Middle 11, 2014, except as specified in paragraph www.myboeingfleet.com. East Peace Process (60 FR 5079, 3 CFR, (j)(2) of this AD. Do all applicable corrective (4) You may view this referenced service 1995 Comp., p. 356) and on annual actions before further flight. Repeat the information at the FAA, Transport Airplane notices by the President continuing the inspection of the fuselage skin at the Directorate, 1601 Lind Avenue SW., Renton, applicable MED 1 cutout thereafter at the WA. For information on the availability of emergency declared in that order. This intervals specified in paragraph 1.E., this material at the FAA, call 425–227–1221. rule updates the authority paragraphs in ‘‘Compliance,’’ of Boeing Alert Service (5) You may view this service information 15 CFR parts 730 and 744 to cite the Bulletin 747–53A2863, dated March 11, that is incorporated by reference at the Notice of January 21, 2015, 80 FR 3461 2014. National Archives and Records (January 22, 2015), which is the most
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recent notice continuing that Administrative Procedure Act requiring 168; E.O. 13637 of March 8, 2013, 78 FR emergency. prior notice and the opportunity for 16129 (March 13, 2013); Notice of May 7, This rule is purely procedural and public comment because they are 2014, 79 FR 26589 (May 9, 2014); Notice of makes no changes other than to revise unnecessary. This rule only updates August 7, 2014, 79 FR 46959 (August 11, CFR authority paragraphs for the 2014); Notice of September 17, 2014, 79 FR legal authority citations. It clarifies 56475 (September 19, 2014); Notice of purpose of making the authority information and is non-discretionary. November 7, 2014, 79 FR 67035 (November citations current. It does not change the This rule does not alter any right, 12, 2014); Notice of January 21, 2015, 80 FR text of any section of the EAR, nor does obligation or prohibition that applies to 3461 (January 22, 2015). it alter any right, obligation or any person under the EAR. Because prohibition that applies to any person these revisions are not substantive PART 744—[AMENDED] under the EAR. changes, it is unnecessary to provide ■ 2. The authority citation for 15 CFR notice and opportunity for public Export Administration Act part 744 is revised to read as follows: comment. In addition, the 30-day delay Although the Export Administration in effectiveness required by 5 U.S.C. Authority: 50 U.S.C. app. 2401 et seq.; 50 Act expired on August 20, 2001, the 553(d) is not applicable because this U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; President, through Executive Order rule is not a substantive rule. Because 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 13222 of August 17, 2001, 3 CFR, 2001 neither the Administrative Procedure Comp., p. 783 (2002), as amended by 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, Act nor any other law requires that 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 Executive Order 13637 of March 8, notice of proposed rulemaking and an 2013, 78 FR 16129 (March 13, 2013) and FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. opportunity for public comment be 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. as extended by the Notice of August 7, given for this rule, the analytical 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 2014, 79 FR 46959 (August 11, 2014), requirements of the Regulatory Comp., p. 228; E.O. 13099, 63 FR 45167, 3 has continued the Export Flexibility Act (5 U.S.C. 601 et seq.) are CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR Administration Regulations in effect not applicable. 44025, 3 CFR, 2001 Comp., p. 783; E.O. under the International Emergency 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. Economic Powers Act (50 U.S.C. 1701). List of Subjects 786; Notice of January 21, 2014, 79 FR 3721 (January 22, 2014); Notice of August 7, 2014, BIS continues to carry out the 15 CFR Part 730 provisions of the Export Administration 79 FR 46959 (August 11, 2014); Notice of Act, as appropriate and to the extent Administrative practice and September 17, 2014, 79 FR 56475 (September procedure, Advisory committees, 19, 2014); Notice of January 21, 2015, 80 FR permitted by law, pursuant to Executive 3461 (January 22, 2015). Order 13222 as amended by Executive Exports, Reporting and recordkeeping Order 13637. requirements, Strategic and critical Dated: February 9, 2015. materials. Matthew S. Borman, Rulemaking Requirements 15 CFR Part 744 Deputy Assistant Secretary for Export 1. Executive Orders 13563 and 12866 Administration. direct agencies to assess all costs and Exports, Reporting and recordkeeping [FR Doc. 2015–03318 Filed 2–17–15; 8:45 am] requirements, Terrorism. benefits of available regulatory BILLING CODE 3510–33–P alternatives and, if regulation is Accordingly, parts 730 and 744 of the necessary, to select regulatory EAR (15 CFR parts 730–774) are approaches that maximize net benefits amended as follows: DEPARTMENT OF COMMERCE (including potential economic, PART 730—[AMENDED] environmental, public health and safety Bureau of Industry and Security effects, distributive impacts, and ■ 1. The authority citation for 15 CFR 15 CFR Parts 740 and 742 equity). This rule does not impose any part 730 is revised to read as follows: regulatory burden on the public and is [Docket No. 140812661–4661–01] consistent with the goals of Executive Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. RIN 0694–AG24 Order 13563. This rule has been 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note; determined not to be significant for 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 Revisions to License Exception purposes of Executive Order 12866. U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 Availability for Consumer 2. Notwithstanding any other U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; Communications Devices and provision of law, no person is required 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 Licensing Policy for Civil to respond to, nor shall any person be U.S.C. 7210; E.O. 11912, 41 FR 15825, 3 CFR, Telecommunications-Related Items subject to a penalty for failure to comply 1976 Comp., p. 114; E.O. 12002, 42 FR 35623, Such as Infrastructure Regarding with, a collection of information subject 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 Sudan to the requirements of the Paperwork FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p. Reduction Act of 1995 (44 U.S.C. 3501 256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 AGENCY: Bureau of Industry and et seq.) (PRA), unless that collection of Comp., p. 608; E.O. 12854, 58 FR 36587, 3 Security, Commerce. information displays a currently valid CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR ACTION: Final rule. Office of Management and Budget 28205, 3 CFR, 1994 Comp., p. 899; E.O. (OMB) Control Number. This rule does 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. SUMMARY: This rule amends the Export not involve any collection of 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Administration Regulations to revise the information. Comp., p. 356; E.O. 12981, 60 FR 62981, 3 general licensing policy of denial to one 3. This rule does not contain policies CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR of case-by-case licensing for exports and with Federalism implications as that 54079, 3 CFR, 1996 Comp., p. 219; E.O. reexports to Sudan of 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. term is defined under Executive Order 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 telecommunications equipment and 13132. Comp., p. 208; E.O. 13222, 66 FR 44025, 3 associated computers, software, and 4. The Department finds that there is CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR technology for civil end use, including good cause under 5 U.S.C. 553(b)(3)(B) 49079, 3 CFR, 2001 Comp., p. 786; E.O. items useful for the development of civil to waive the provisions of the 13338, 69 FR 26751, 3 CFR, 2004 Comp., p telecommunications network
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infrastructure. It also revises License in the Sudanese Sanctions Regulations does not change these two general Exception Consumer Communications (31 CFR part 538) for export or reexport practices. Adding Sudan to License Devices (CCD), which previously of certain services, hardware, and Exception CCD as an eligible destination applied only to consumer software incident to personal does not impose a license requirement communications devices to Cuba, to communications to Sudan. BIS is for such items. However, the license authorize exports and reexports of such publishing this rule after consultations exception would be available for the devices to Sudan. Additionally, it makes with the Department of State to facilitate export or reexport to Sudan of items minor technical changes to the list of communication and the free flow of listed on the CCL that would otherwise items that are eligible for both Sudan information among the Sudanese require a license. and Cuba under the license exception. people, including by providing them BIS is making these changes to This rule also makes changes to License with access to communications tools. License Exception CCD to facilitate the Exception Temporary Imports, Exports, supplying of communications Reexports and Transfers (in-country) Specific Changes Made by This Rule capabilities to people in Sudan in (TMP) in light of the changes to License Expansion of License Exception support of the U.S. Government’s policy Exception CCD. Finally, it removes a Consumer Communication Devices to promote the Sudanese people’s license requirement for reexports to (CCD) and Implementation of communication among themselves and Sudan of certain telecommunications Conforming Change to License with the outside world, including software. BIS is making these changes Temporary Imports, Exports, Reexports during a national dialogue where the consistent with the U.S. Government’s and Transfers (In-Country) (TMP) Sudanese people may participate in commitment to the advancement of the broad discussions to address their This rule revises § 740.19 of the EAR free flow of information to, from, and longstanding concerns regarding (License Exception CCD) to add Sudan within Sudan, including during a governance. This rule is intended to as an eligible destination. This license national dialogue. facilitate inclusive and broad exception authorizes export and participation in such a dialogue by DATES: The rule is effective February 18, reexport of consumer communications 2015. making the necessary communications devices (commodities such as tools available to the Sudanese people. FOR FURTHER INFORMATION CONTACT: computers, communications equipment Theodore Curtin, telephone (202) 482– These changes are being made in and related items including personal coordination with a general license 4252, email theodore.curtin@ computers, mobile phones, televisions, bis.doc.gov. being published simultaneously by the radios and digital cameras) that are Department of the Treasury, Office of SUPPLEMENTARY INFORMATION: widely available for retail purchase and Foreign Assets Control and added to the that are commonly used to exchange Background Sudanese Sanctions Regulations (31 information and facilitate interpersonal CFR part 538) that generally authorizes Section 742.10 of the Export communications, as well as certain the export and reexport to Sudan of Administration Regulations (EAR) telecommunications- and information certain services, hardware, and software requires a license for antiterrorism security-related software. Prior to incident to personal communications. reasons for the export and reexport of publication of this rule, Cuba was the most items on the Commerce Control only eligible destination under License Changes to License Exception CCD List, Supp. 1 to part 774, to Sudan in Exception CCD. This rule also makes Affecting Items Eligible for Cuba and keeping with Sudan’s designation as a some additions and other changes to the Sudan state sponsor of terrorism. These items license exception related to the addition This rule adds a note that defines the include certain consumer of Sudan. The changes related to Sudan term ‘‘consumer’’ for purposes of communication devices and related are: paragraph (b), which applies the term software and telecommunications • Adding certain Global Positioning ‘‘consumer’’ when describing the infrastructure items that do not require System receivers or similar satellite commodities and software in paragraphs a license for export or reexport to most receivers as eligible items for export and (b)(1)—computers, (b)(2)—disk drives destinations. Prior to publication of this reexport to Sudan under this license and solid state storage equipment, rule, the EAR imposed a general policy exception; and (b)(12)—information security of denial on applications for export or • Limiting availability of the license equipment, software and peripherals reexport of many of these items to exception to certain consumer software and (b)(17)—software. This addition is Sudan. This rule modifies that policy to that is distributed free of charge in not a substantive change to the scope of one of case-by-case review with respect situations where the government of License Exception CCD. This addition to telecommunications equipment and Sudan is the end user. emphasizes the consistency of this rule associated computers, software and Many of the items eligible for export with the related general license being technology for civil end use, including and reexport under this license published simultaneously by the items useful for the development of civil exception are designated EAR99. Department of the Treasury, Office of telecommunications network Consequently, prior to the publication Foreign Assets Control, which includes infrastructure. This rule also makes of this rule, they did not require a this definition of ‘‘consumer’’ in certain telecommunications software license from BIS for export or reexport connection with commodities and that was subject to a reexport license to Sudan under most circumstances software. requirement prior to this rule’s (i.e., circumstances that do not trigger publication eligible for reexport to end-use or end-user concerns under part Conforming Change to License Sudan without a license and authorizes 744 of the EAR). Similarly, commodities Exception TMP use of a license exception to export or classified under Export Control This rule also removes the provision reexport consumer communications Classification Number (ECCN) 5A992 of License Exception TMP (§ 740.9(a)(2) devices to Sudan. This rule is being generally did not require a license from of the EAR) related to tools of trade published simultaneously with a BIS for reexport to Sudan in the absence being temporarily taken to Sudan for a Department of the Treasury, Office of of part 744-related end-use and end-user specific class of persons for certain Foreign Assets Control general license concerns. The publication of this rule specified purposes (generally,
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temporary exports and reexports by Sudanese people to engage in secure, issued on September 18, 2014, the non-governmental organizations and effective, and reliable personal United States, the United Kingdom, and related individuals, including communications. Norway reiterated their ‘‘support for a employees and contractors, for mediation architecture that facilitates Rulemaking Requirements development or humanitarian purposes) both resolution of conflict and a because it is no longer necessary. With 1. Executive Orders 13563 and 12866 comprehensive process of national the changes made by this rule, License direct agencies to assess all costs and dialogue.’’ The time needed to conduct Exception CCD now authorizes all of the benefits of available regulatory a notice and public comment would exports and reexports that were alternatives and, if regulation is thwart the purpose of this rule, which authorized by that provision of License necessary, to select regulatory is to enhance communications, Exception TMP without the limitations approaches that maximize net benefits including during a national dialogue imposed by License Exception TMP on (including potential economic, period. Consistent with the initiative, duration, class of persons who may use environmental, public health and safety this rule amends the EAR to allow case- the license exception, and end use. effects, distributive impacts, and by-case review of license applications to equity). This rule does not impose any Certain Telecommunications Software send telecommunications-related items, regulatory burden on the public and is including items useful for the Made Eligible for Reexport to Sudan consistent with the goals of Executive Without a License development of civil Order 13563. This rule has been telecommunications infrastructure, to This rule makes software controlled determined to be significant for Sudan. In coordination with BIS, the under ECCN 5D992.b or .c eligible for purposes of Executive Order 12866. Department of the Treasury, Office of reexport to Sudan without a license 2. Notwithstanding any other Foreign Assets Control (OFAC) is from BIS. Software controlled under provision of law, no person is required amending the Sudanese Sanctions to respond to, nor shall any person be ECCN 5D992.b has the characteristics of, Regulations (31 CFR part 538) to subject to a penalty for failure to comply or performs or simulates the functions authorize similar transactions involving with, a collection of information subject of, telecommunications equipment and the exportation of certain services, to the requirements of the Paperwork information security equipment software, and hardware incident to Reduction Act of 1995 (44 U.S.C. 3501 controlled under ECCN 5A992.a or .b. personal communications. The time that et seq.) (PRA), unless that collection of Commodities controlled under ECCN would be required for notice and information displays a currently valid 5A992 were eligible for reexport to opportunity for public comment Sudan without a license from BIS prior Office of Management and Budget required by 5 U.S.C. part 553 for BIS’s to the publication of this rule. This (OMB) control number. This rule rule would undermine the opportunity change makes software that shares the involves a collection of information for enhanced communications and characteristics of and/or performs or approved under OMB control number information flow, thereby causing the simulates the same functions as the 0694–0088—Simplified Network rule to fail to meet the objective of hardware (commodities) eligible for Application Processing+ System promoting the Sudanese people’s ability reexport to Sudan on the same terms as (SNAP+) and the Multipurpose Export to communicate in a free, robust, and the commodities themselves. Software License Application which carries an secure manner. Delay in publication of controlled under ECCN 5D992.c annual estimated burden of 31,833 this rule would be contrary to the public includes mass market software such as hours. BIS believes that this rule will interest because it would undermine the mobile apps that may promote personal have no material impact on that burden. communications by the Sudanese To the extent that it has any impact at ability of the Sudanese people to people. all, the impact would be to reduce the participate fully in a national dialogue. burden because this rule makes some BIS also finds good cause under 5 Adoption of Case-by-Case License transactions that would otherwise U.S.C. 553(d)(3) to waive the 30-day Application Review Policy require a license eligible for a license delay in effectiveness. This rule amends This rule revises the statement of exception. the EAR to allow case-by-case review of antiterrorism licensing policy for Sudan 3. This rule does not contain policies license applications to send set forth in § 742.10 of the EAR to with Federalism implications as that telecommunications-related items, provide that license applications for term is defined under Executive Order including items useful for the export or reexport to Sudan of 13132. development of civil ‘‘telecommunications equipment and 4. BIS finds good cause under 5 U.S.C. telecommunications infrastructure, to associated computers, software and 553(b)(B) to waive prior notice of Sudan. The 30-day delay in technology for civil end use, including proposed rulemaking and the effectiveness otherwise required under 5 items useful for the development of civil opportunity for public comment U.S.C. 553 would undermine the telecommunications network because it is impracticable and contrary opportunity for enhanced infrastructure’’ will be considered on a to the public interest. BIS is publishing communications and information flow, case-by-case basis rather than being this rule as part of a State Department- thereby causing the rule to fail in its subject to a general policy of denial. led initiative to promote the free flow of objective, which is to promote the This change is being made to allow BIS information and to facilitate Sudanese people’s ability to and the other agencies that review such communications by the Sudanese communicate in a free, robust, and applications to further U.S. government people. This rule supports that initiative secure manner including during a policy of advancing the free flow of by reducing the procedural national dialogue. This final rule is information to, from and within Sudan requirements needed to send personal being implemented with immediate and to facilitate the Sudanese people’s communications devices, such as effectiveness to be concurrent with communications among themselves and mobile phones, that are the instruments OFAC’s publication of its regulatory with the outside world. BIS recognizes of modern communications to Sudan. changes, which are also being made the importance of adequate civil Ensuring that the Sudanese people have effective upon publication. Prompt, telecommunications network tools to communicate freely is simultaneous publication is important infrastructural capability to enable the particularly vital. In a joint statement in light of the fact that certain
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transactions with Sudan require The revisions and additions read as members of the Council of State; authorization under both the EAR and follows: members of the Council of Ministers; the Sudanese Sanctions Regulations. For members and employees of the National example, an export of an item might § 740.19 Consumer Communications Assembly of People’s Power; members Devices (CCD). require an export license from BIS and of any provincial assembly; local sector a separate license from OFAC. Payment (a) Authorizations. This section chiefs of the Committees for the Defense for the export might also require authorizes the export or reexport of of the Revolution; Director Generals and authorization from OFAC. Simultaneous commodities and software, either sold sub-Director Generals and higher of all publication would permit effective or donated, to Cuba or Sudan subject to Cuban ministries and state agencies; implementation of the changes to the the requirements stated herein. This employees of the Ministry of the Interior two agencies’ regulations. In particular, section does not authorize U.S.-owned (MININT); employees of the Ministry of it would ensure that an export or -controlled entities in third countries Defense (MINFAR); secretaries and first transaction authorized under OFAC’s to engage in reexports of foreign secretaries of the Confederation of Labor general license pertaining to certain produced commodities to Cuba for of Cuba (CTC) and its component software, hardware, and services which no license would be issued by unions; chief editors, editors and deputy incident to personal communications the Department of the Treasury editors of Cuban state-run media would be eligible for a license exception pursuant to 31 CFR 515.559. organizations and programs, including under the EAR rather than requiring a (b) Eligible commodities and software. newspapers, television, and radio; or license from BIS, thereby effectuating Commodities and software in members and employees of the Supreme the U.S. Government’s policy to paragraphs (b)(1) through (17) of this Court (Tribuno Supremo Nacional). section are eligible for export or advance personal communications in (ii) Ineligible Cuban Communist Party reexport under this section to Cuba or Sudan. Officials. Members of the Politburo; the Sudan. Commodities in paragraph Central Committee; Department Heads List of Subjects (b)(18) of this section are eligible for of the Central Committee; employees of export or reexport under this section to 15 CFR Part 740 the Central Committee; and the Sudan only. secretaries and first secretaries of Administrative practice and *** provincial Party central committees. procedure, Exports, Reporting and (18) (Sudan only) Global Positioning recordkeeping requirements. System receivers or similar satellite PART 742—[AMENDED] 15 CFR Part 742 receivers controlled under ECCN 7A994. ■ Exports, Terrorism. Note to paragraph (b): In this paragraph, 4. The authority citation for 15 CFR the term ‘‘consumer’’ refers to items that are: part 742 continues to read as follows: For the reasons set forth in the 1. Generally available to the public by Authority: 50 U.S.C. app. 2401 et seq.; 50 preamble, the Export Administration being sold, without restriction, from stock at U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; Regulations (15 CFR parts 730–774) are retail selling points by means of any of the 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 following: amended as follows: U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 a. Over-the-counter transactions; Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, PART 740—[AMENDED] b. Mail order transactions; 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, c. Electronic transactions; or 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 ■ d. Telephone call transactions; and 1. The authority citation for 15 CFR FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 2. Designed for installation by the user part 740 continues to read as follows: 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. without further substantial support by the 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Authority: 50 U.S.C. app. 2401 et seq.; 50 supplier. U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; Comp., p. 783; Presidential Determination E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., (c) Eligible and ineligible end-users— 2003–23 of May 7, 2003, 68 FR 26459, May p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 (1) Organizations. (i) This license 16, 2003; Notice of August 7, 2014, 79 FR Comp., p. 783; Notice of August 7, 2014, 79 exception may be used to export or 46959 (August 11, 2014); Notice of November FR 46959 (Aug. 11, 2014). reexport eligible commodities and 7, 2014, 79 FR 67035 (November 12, 2014). § 740.9 [Amended] software to and for the use of ■ 5. Section 742.10 is amended by: independent non-governmental ■ a. Revising the first sentence of ■ 2. Section 740.9 is amended by: organizations in Cuba or Sudan. ■ a. Removing the semicolon and the paragraph (a)(2); (ii) The Cuban Government or the ■ phrase ‘‘for Sudan, see paragraph (a)(2) Cuban Communist Party and b. Revising paragraph (b)(3); of this section’’ from the first sentence organizations they administer or control ■ c. Redesignating the note to paragraph of paragraph (a)(1); and are not eligible end-users. (b) as the note to paragraph (b)(3); and ■ b. Removing and reserving paragraph (iii) The Government of Sudan is not ■ d. Revising the newly redesignated (a)(2). an eligible end-user for any item note to paragraph (b)(3), to read as ■ 3. Section 740.19 is amended by: exported or reexported pursuant to this follows: ■ a. Revising paragraph (a); license exception except for consumer § 742.10 Anti-terrorism: Sudan. ■ b. Revising paragraph (b) introductory software that is authorized under text; paragraph (b)(12) or (b)(17) of this (a) * * * ■ c. Removing the word ‘‘and’’ from the section and that is distributed free of (2) If AT column 1 or AT column 2 end of paragraph (b)(16); charge. of the Commerce Country Chart ■ d. Removing the period from the end (2) Individuals. This License (Supplement No. 1 to part 738 of the of paragraph (b)(17) and adding in its Exception may be used to export eligible EAR) is indicated in the appropriate place a semicolon followed by the word commodities and software to and for the ECCN, a license is required for reexport ‘‘and’’; use of individuals other than the to Sudan for anti-terrorism purposes, ■ e. Adding paragraph (b)(18); following: except for ECCNs 2A994, 3A992.a, ■ f. Adding a note to paragraph (b); and (i) Ineligible Cuban Government 5A991.g, 5A992, 5D992.b or .c, 6A991, ■ g. Revising paragraph (c). Officials. Ministers and vice-ministers; 6A998, 7A994, 8A992.d, .e, .f, and .g,
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9A990.a and .b, and 9A991.d and .e. SUMMARY: This rule amends the Export where appropriate, the Treasury, makes *** Administration Regulations (EAR) by all decisions regarding additions to, * * * * * adding eleven persons to the Entity List. removals from, or other modifications to (b) * * * The eleven persons who are added to the Entity List. The ERC makes all (3) Notwithstanding the provisions of the Entity List have been determined by decisions to add an entry to the Entity paragraphs (b)(1) and (b)(2) of this the U.S. Government to be acting List by majority vote and all decisions section, applications for Sudan will be contrary to the national security or to remove or modify an entry by considered on a case-by-case basis in foreign policy interests of the United unanimous vote. the following four situations. States. These eleven persons will be ERC Entity List Decisions (i) The transaction involves the listed on the Entity List under the reexport to Sudan of items where Sudan destinations of People’s Republic of Additions to the Entity List was not the intended ultimate China (China), Pakistan, and United This rule implements the decision of destination at the time of original export Arab Emirates (U.A.E.). the ERC to add eleven persons under from the United States, provided that This final rule also removes one eleven entries to the Entity List. These the exports from the U.S. occurred prior person from the Entity List, as the result eleven persons are being added on the to the applicable contract sanctity date. of a request for removal submitted by basis of § 744.11 (License requirements (ii) The U.S. content of foreign- the person, a review of information that apply to entities acting contrary to produced commodities is 20% or less by provided in the removal request in the national security or foreign policy value. accordance with the procedure for interests of the United States) of the (iii) The commodities are medical requesting removal or modification of EAR. The eleven entries added to the items. an Entity List entity, and further review (iv) The items are telecommunications Entity List consist of four entries in conducted by the End-User Review China, four in Pakistan, and three in the equipment and associated computers, Committee (ERC). software and technology for civil end U.A.E. DATES: This rule is effective February The ERC reviewed § 744.11(b) use, including items useful for the 18, 2015. (Criteria for revising the Entity List) in development of civil FOR FURTHER INFORMATION CONTACT: making the determination to add these telecommunications network Chair, End-User Review Committee, eleven persons to the Entity List. Under infrastructure. Office of the Assistant Secretary, Export that paragraph, persons for whom there Note to paragraph (b)(3) of this section: Administration, Bureau of Industry and is reasonable cause to believe, based on Applicants who wish any of the factors Security, Department of Commerce, specific and articulable facts, have been described in paragraph (b)(3) of this section to be considered in reviewing their license Phone: (202) 482–5991, Fax: (202) 482– involved, are involved, or pose a applications must submit adequate 3911, Email: [email protected]. significant risk of being or becoming documentation demonstrating the SUPPLEMENTARY INFORMATION: involved in, activities that are contrary appropriateness of the factor: i.e., the date of to the national security or foreign policy export from the United States, the value of Background interests of the United States and those the U.S. content, the specifications and The Entity List (Supplement No. 4 to acting on behalf of such persons may be medical use of the equipment, or the specific Part 744) notifies the public about added to the Entity List. Paragraphs civil end use of the item and any function the entities that have engaged in activities (b)(1) through (b)(5) of § 744.11 include item will have in the development of civil that could result in an increased risk of an illustrative list of activities that could telecommunications network infrastructure, as relevant to the factor for which the diversion of exported, reexported or be contrary to the national security or consideration is sought. transferred (in-country) items to foreign policy interests of the United weapons of mass destruction (WMD) States. * * * * * programs. Since its initial publication, The ERC determined the following Dated: February 12, 2015. grounds for inclusion on the Entity List four persons being added to the Entity Kevin J. Wolf, have expanded to include activities List under the destination of China have been involved in activities contrary to Assistant Secretary for Export sanctioned by the State Department and Administration. activities contrary to U.S. national the national security and foreign policy interests of the United States. The ERC [FR Doc. 2015–03329 Filed 2–17–15; 8:45 am] security or foreign policy interests. Certain exports, reexports, and transfers determined that the National University BILLING CODE 3510–33–P (in-country) to entities identified on the of Defense Technology (NUDT), the Entity List require licenses from BIS and National Supercomputing Center in DEPARTMENT OF COMMERCE are usually subject to a policy of denial. Changsha (NSCC–CS), National The availability of license exceptions in Supercomputing Center in Guangzhou Bureau of Industry and Security such transactions is very limited. The (NSCC–GZ), and the National license review policy for each entity is Supercomputing Center in Tianjin 15 CFR Part 744 identified in the license review policy (NSCC–TJ), all located in the People’s column on the Entity List and the Republic of China, meet the guidelines [Docket No. 141230999–4999–01] availability of license exceptions is listed under § 744.11(b): Entities for RIN 0694–AG46 noted in the Federal Register notices which there is reasonable cause to adding persons to the Entity List. BIS believe, based on specific and Addition of Certain Persons to the places entities on the Entity List based articulated facts, that an entity has been Entity List; and Removal of Person on certain sections of part 744 (Control involved, is involved, or poses a From the Entity List Based on a Policy: End-User and End-Use Based) significant risk of being or becoming Removal Request and part 746 (Embargoes and Other involved in activities that are contrary AGENCY: Bureau of Industry and Special Controls) of the EAR. to the national security or foreign policy Security, Commerce. The ERC, composed of representatives interests of the United States and those of the Departments of Commerce acting on behalf of such entities may be ACTION: Final rule. (Chair), State, Defense, Energy and, added to the Entity List pursuant to this
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section. Specifically, NUDT has used license exceptions are available for Removal From the Entity List U.S.-origin multicores, boards, and exports, reexports, or transfers (in- This rule implements a decision of (co)processors to produce the TianHe– country) to the persons being added to the ERC to remove one person, SATCO 1A and TianHe–2 supercomputers the Entity List in this rule. GmbH, located in Germany, from the located at the National Supercomputing This final rule adds the following Entity List on the basis of a removal Centers in Changsha, Guangzhou, and eleven persons under eleven entries to request by a company of the same name Tianjin. The TianHe–1A and TianHe–2 the Entity List: as the listed person. Based upon a supercomputers are believed to be used China review of the information provided in in nuclear explosive activities as the removal request in accordance with described in § 744.2(a) of the EAR. (1) National Supercomputing Center § 744.16 (Procedure for requesting The ERC also determined the seven Changsha (NSCC–CS), Changsha City, removal or modification of an Entity persons being added to the Entity List Hunan Province, China; List entity), the ERC determined that under the destinations of Pakistan (four (2) National Supercomputing Center this person should be removed from the additions) and the U.A.E. (three Guangzhou (NSCC–GZ), Sun Yat-Sen Entity List. additions) have been involved in University, University City, Guangzhou, SATCO GmbH was originally added activities contrary to the national China; to the Entity List on December 12, 2013 security and foreign policy interests of (3) National Supercomputing Center (78 FR 75458) for participating in a the United States. The ERC determined Tianjin (NSCC–TJ), 7th Street, Binhai procurement ring headed by Saeed that Pakistan’s Hakim Noor (a.k.a., New Area, Tianjin, China; and Talebi (Talebi) that coordinated the Hakim Nur) and the United Arab (4) National University of Defense supply and sale of U.S.-origin items in Emirates’ Ajab Noor (a.k.a., Ajab Nur) Technology (NUDT), Garden Road violation of Department of Treasury, and entities working with Hakim and (Metro West), Changsha City, Kaifu Office of Foreign Assets Control Ajab meet the guidelines listed under District, Hunan Province, China. regulations and the EAR. Based on a § 744.11(b). Specifically, Hakim Noor, Ajab Noor, Sher Qadir, Azad Motors Pakistan request from an unrelated company of Property Choice, Hakim Nur Sarafa, the same name being adversely (1) Azad Motors Property Choice, impacted, and the fact that SATCO Ajab Trading Co. LLC, and Perfect Tyre a.k.a., the following four aliases: Trading Co. LLC, have engaged in GmbH is not a legally established activities in support of the Haqqani —Peshawar Master Azad Motors; corporate entity in Bremen, Germany, Network, a person designated by the —Peshawar Motors Complex; and that BIS has no evidence of the use Secretary of State as a Foreign Terrorist —Karakoram Azad Motors; and of this name by Talebi network since Organization, and a number of —Azad Cars. Main GT Road, Hajji their addition to the Entity List, the ERC transnational extremist organizations. Camp, Peshawar, Pakistan; determined to remove SATCO GmbH Pursuant to § 744.11(b)(1) and (b)(5) of from the Entity List. (2) Hakim Noor, a.k.a., the following In accordance with § 744.16(c), the the EAR, the ERC determined that the one alias: conduct of these eleven persons raises Deputy Assistant Secretary for Export —Hakim Nur. Sarafa Shop #10, Noor sufficient concern that prior review of Administration has sent written Muhammad Market, Miram Shaw, exports, reexports, or transfers (in- notification to this person, informing Pakistan; and Mir Nasir Plaza, country) of items subject to the EAR the person of the ERC’s decision to Sikandar Pura, Pakistan; involving these persons, and the remove the person from the Entity List. possible imposition of license (3) Hakim Nur Sarafa, a.k.a., the This final rule implements the conditions or license denials on following two aliases: decision to remove the following one shipments to the persons, will enhance —Noor Muhammad Market; and person located in Germany from the BIS’s ability to prevent violations of the —Haji Hakim Noor Saraf. Sarafa Shop Entity List: EAR. #10, Noor Muhammad Market, Miram Germany For the National University of Defense Shaw, Pakistan; and Market Shop Technology (NUDT), National (1) SATCO GmbH, a.k.a., the Number 10, Sarafa Bazar Miram following one alias: Supercomputing Center in Changsha Shaw, Pakistan; and (NSCC–CS), National Supercomputing —Satco Inc., Park Street 4, Bremen, (4) Sher Qadir, Darpa Khel Village, Germany 28209. Center in Guangzhou (NSCC–GZ), and Mirim Shaw, Pakistan. the National Supercomputing Center in The removal of the one entity Tianjin (NSCC–TJ), the ERC specified a United Arab Emirates referenced above, which was approved by the ERC, eliminates the existing license requirement for all items subject (1) Ajab Noor, a.k.a., the following license requirements in Supplement No. to the EAR, and established a license one alias: application review policy of case-by- 4 to part 744 for exports, reexports and case review for all items subject to the —Ajab Nur. Box No. 28715, Dubai, transfers (in-country) to this entity. EAR. For the other seven persons U.A.E.; and Dubai Tower, Al However, the removal of this entity from recommended for addition on the basis Maktoum Rd, Al Rigga, Dubai, Near the Entity List does not relieve persons of § 744.11, the ERC specified a license Baniyas Square Metro Station, U.A.E.; of other obligations under part 744 of requirement for all items subject to the (2) Ajab Trading Co. LLC, Box No. the EAR or under other parts of the EAR and a license review policy of 28715, Dubai, U.A.E.; and Dubai Tower, EAR. Neither the removal of an entity presumption of denial. Al Maktoum Rd, Al Rigga, Dubai, Near from the Entity List nor the removal of The license requirements apply to any Baniyas Square Metro Station, U.A.E.; Entity List-based license requirements transaction in which items are to be and relieves persons of their obligations exported, reexported, or transferred (in- (3) Perfect Tyre Trading Co LLC, Al under General Prohibition 5 in country) to any of the persons or in Ain—Al Sanaiya—Inh. Mohammed § 736.2(b)(5) of the EAR which provides which such persons act as purchaser, Sultan Aldarmaki–Bld, Dubai, U.A.E.; that, ‘‘you may not, without a license, intermediate consignee, ultimate and Post Box No. 67221, Abu Dhabi, knowingly export or reexport any item consignee, or end-user. In addition, no U.A.E. subject to the EAR to an end-user or
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end-use that is prohibited by part 744 of for failure to comply with a collection impact of the listing on the Entity List the EAR.’’ Additionally this removal of information, subject to the once a final rule was published. Further, does not relieve persons of their requirements of the Paperwork no other law requires that a notice of obligation to apply for export, reexport Reduction Act of 1995 (44 U.S.C. 3501 proposed rulemaking and an or in-country transfer licenses required et seq.) (PRA), unless that collection of opportunity for public comment be by other provisions of the EAR. BIS information displays a currently valid given for this rule. Because a notice of strongly urges the use of Supplement Office of Management and Budget proposed rulemaking and an No. 3 to part 732 of the EAR, ‘‘BIS’s (OMB) Control Number. This regulation opportunity for public comment are not ‘Know Your Customer’ Guidance and involves collections previously required to be given for this rule by 5 Red Flags,’’ when persons are involved approved by OMB under control U.S.C. 553, or by any other law, the in transactions that are subject to the number 0694–0088, Simplified Network analytical requirements of the EAR. Application Processing System, which Regulatory Flexibility Act, 5 U.S.C. 601 includes, among other things, license et seq., are not applicable. Accordingly, Savings Clause applications and carries a burden no regulatory flexibility analysis is Shipments of items removed from estimate of 43.8 minutes for a manual or required and none has been prepared. eligibility for a License Exception or electronic submission. Total burden 5. For the one removal from the Entity export or reexport without a license hours associated with the PRA and List in this final rule, pursuant to the (NLR) as a result of this regulatory OMB control number 0694–0088 are not Administrative Procedure Act (APA), 5 action that were en route aboard a expected to increase as a result of this U.S.C. 553(b)(3)(B), BIS finds good carrier to a port of export or reexport, on rule. You may send comments regarding cause to waive requirements that this February 18, 2015, pursuant to actual the collection of information associated rule be subject to notice and the orders for export or reexport to a foreign with this rule, including suggestions for opportunity for public comment destination, may proceed to that reducing the burden, to Jasmeet K. because it would be contrary to the destination under the previous Seehra, Office of Management and public interest. eligibility for a License Exception or Budget (OMB), by email to Jasmeet_K._ In determining whether to grant export or reexport without a license [email protected], or by fax to (202) removal requests from the Entity List, a (NLR). 395–7285. committee of U.S. Government agencies 3. This rule does not contain policies (the End-User Review Committee (ERC)) Export Administration Act with Federalism implications as that evaluates information about and Although the Export Administration term is defined in Executive Order commitments made by listed persons Act expired on August 20, 2001, the 13132. requesting removal from the Entity List, President, through Executive Order 4. For the eleven persons added under the nature and terms of which are set 13222 of August 17, 2001, 3 CFR, 2001 eleven entries to the Entity List in this forth in 15 CFR part 744, Supplement Comp., p. 783 (2002), as amended by final rule, the provisions of the No. 5, as noted in 15 CFR 744.16(b). The Executive Order 13637 of March 8, Administrative Procedure Act (5 U.S.C. information, commitments, and criteria 2013, 78 FR 16129 (March 13, 2013) and 553) requiring notice of proposed for this extensive review were all as extended by the Notice of August 7, rulemaking, the opportunity for public established through the notice of 2014, 79 FR 46959 (August 11, 2014), comment and a delay in effective date proposed rulemaking and public has continued the Export are inapplicable because this regulation comment process (72 FR 31005 (June 5, Administration Regulations in effect involves a military or foreign affairs 2007) (proposed rule), and 73 FR 49311 under the International Emergency function of the United States. (See 5 (August 21, 2008) (final rule)). This one Economic Powers Act. BIS continues to U.S.C. 553(a)(1)). BIS implements this removal has been made within the carry out the provisions of the Export rule to protect U.S. national security or established regulatory framework of the Administration Act, as appropriate and foreign policy interests by preventing Entity List. If the rule were to be to the extent permitted by law, pursuant items from being exported, reexported, delayed to allow for public comment, to Executive Order 13222 as amended or transferred (in-country) to the U.S. exporters may face unnecessary by Executive Order 13637. persons being added to or the entries economic losses as they turn away being modified on the Entity List. If this potential sales because the customer Rulemaking Requirements rule were delayed to allow for notice remained a listed person on the Entity 1. Executive Orders 13563 and 12866 and comment and a delay in effective List even after the ERC approved the direct agencies to assess all costs and date, then entities being added to the removal pursuant to the rule published benefits of available regulatory Entity List by this action would at 73 FR 49311 on August 21, 2008. By alternatives and, if regulation is continue to be able to receive items publishing without prior notice and necessary, to select regulatory without a license and to conduct comment, BIS allows the applicant to approaches that maximize net benefits activities contrary to the national receive U.S. exports immediately since (including potential economic, security or foreign policy interests of the this one applicant already has received environmental, public health and safety United States. In addition, because these approval by the ERC pursuant to 15 CFR effects, distributive impacts, and parties may receive notice of the U.S. part 744, Supplement No. 5, as noted in equity). Executive Order 13563 Government’s intention to place these 15 CFR 744.16(b). emphasizes the importance of entities on the Entity List if a proposed The removals from the Entity List quantifying both costs and benefits, of rule is published, doing so would create granted by the ERC involve interagency reducing costs, of harmonizing rules, an incentive for these persons to either deliberation and result from review of and of promoting flexibility. This rule accelerate receiving items subject to the public and non-public sources, has been determined to be not EAR to conduct activities that are including sensitive law enforcement significant for purposes of Executive contrary to the national security or information and classified information, Order 12866. foreign policy interests of the United and the measurement of such 2. Notwithstanding any other States, or to take steps to set up information against the Entity List provision of law, no person is required additional aliases, change addresses, removal criteria. This information is to respond to nor be subject to a penalty and other measures to try to limit the extensively reviewed according to the
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criteria for evaluating removal requests use of license exceptions) on this one 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, from the Entity List, as set out in 15 CFR person being removed from the Entity 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 part 744, Supplement No. 5 and 15 CFR List. The rule does not impose a FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 744.16(b). For reasons of national requirement on any other person for this 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. one removal from the Entity List. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 security, BIS is not at liberty to provide Comp., p. 228; E.O. 13099, 63 FR 45167, 3 to the public detailed information on No other law requires that a notice of CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR which the ERC relied to make the proposed rulemaking and an 44025, 3 CFR, 2001 Comp., p. 783; E.O. decision to remove this entity. In opportunity for public comment be 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. addition, the information included in given for this final rule. Because a 786; Notice of January 21, 2014, 79 FR 3721 the removal request is information notice of proposed rulemaking and an (January 22, 2014); Notice of August 7, 2014, exchanged between the applicant and opportunity for public comment are not 79 FR 46959 (August 11, 2014); Notice of the ERC, which by law (section 12(c) of required under the APA or by any other September 17, 2014, 79 FR 56475 (September the Export Administration Act), BIS is law, the analytical requirements of the 19, 2014); Notice of January 21, 2015, 80 FR 3461 (January 22, 2015). restricted from sharing with the public. Regulatory Flexibility Act (5 U.S.C. 601 Moreover, removal requests from the et seq.) are not applicable. As a result, ■ 2. Supplement No. 4 to part 744 is Entity List contain confidential business no final regulatory flexibility analysis is amended: information, which is necessary for the required and none has been prepared. ■ a. By adding under China, in extensive review conducted by the U.S. List of Subject in 15 CFR Part 744 alphabetical order, four Chinese entities; Government in assessing such removal ■ b. By removing under Germany, one requests. Exports, Reporting and recordkeeping requirements, Terrorism. German entity, ‘‘Satco GmbH, a.k.a., the Section 553(d) of the APA generally Accordingly, part 744 of the Export following one alias: -Satco Inc. Park provides that rules may not take effect Street 4, Bremen, Germany 28209.’’; earlier than thirty (30) days after they Administration Regulations (15 CFR parts 730–774) is amended as follows: ■ c. By adding under Pakistan, in are published in the Federal Register. alphabetical order, four Pakistani BIS finds good cause to waive the 30- PART 744—[AMENDED] entities; and day delay in effectiveness under 5 ■ d. By adding under United Arab U.S.C. 553(d)(1) because this rule is a ■ 1. The authority citation for 15 CFR Emirates, in alphabetical order, three substantive rule which relieves a part 744 continues to read as follows: Emirati entities. restriction. This rule’s removal of one Authority: 50 U.S.C. app. 2401 et seq.; 50 The additions read as follows: person from the Entity List removes a U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; requirement (the Entity-List-based 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 Supplement No. 4 to Part 744—Entity license requirement and limitation on U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, List
License Federal Register Country Entity License requirement review policy citation
*******
CHINA, PEO- ****** PLE’S RE- PUBLIC OF
National Supercomputing Center For all items subject to Case-by-case basis ...... 80 FR [INSERT FR PAGE Changsha (NSCC–CS), Changsha the EAR. (See § 744.11 NUMBER 2/18/15]. City, Hunan Province, China of the EAR) National Supercomputing Center For all items subject to Case-by-case basis ...... 80 FR [INSERT FR PAGE Guangzhou (NSCC–GZ), Sun Yat- the EAR. (See § 744.11 NUMBER 2/18/15]. Sen University, University City, of the EAR) Guangzhou, China National Supercomputing Center For all items subject to Case-by-case basis ...... 80 FR [INSERT FR PAGE Tianjin (NSCC–TJ), 7th Street, Binhai the EAR. (See § 744.11 NUMBER 2/18/15]. New Area, Tianjin, China of the EAR) National University of Defense Tech- For all items subject to Case-by-case basis ...... 80 FR [INSERT FR PAGE nology (NUDT), Garden Road (Metro the EAR. (See § 744.11 NUMBER 2/18/15]. West), Changsha City, Kaifu District, of the EAR) Hunan Province, China
******
*******
PAKISTAN ******
Azad Motors Property Choice, a.k.a., For all items subject to Presumption of denial ...... 80 FR [INSERT FR PAGE the following four aliases: the EAR. (See § 744.11 NUMBER 2/18/15]. —Peshawar Master Azad Motors; of the EAR) —Peshawar Motors Complex; —Karakoram Azad Motors; and —Azad Cars
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License Federal Register Country Entity License requirement review policy citation
Main GT Road, Hajji Camp, Peshawar, Pakistan
******
Hakim Noor, a.k.a., the following one For all items subject to Presumption of denial ...... 80 FR [INSERT FR PAGE alias: the EAR. (See § 744.11 NUMBER 2/18/15]. —Hakim Nur. of the EAR) Sarafa Shop #10, Noor Muhammad Market, Miram Shaw, Pakistan; and Mir Nasir Plaza, Sikandar Pura, Paki- stan. Hakim Nur Sarafa, a.k.a., the following For all items subject to Presumption of denial ...... 80 FR [INSERT FR PAGE two aliases: the EAR. (See § 744.11 NUMBER 2/18/15]. —Noor Muhammad Market; and of the EAR) —Haji Hakim Noor Saraf. Sarafa Shop #10, Noor Muhammad Market, Miram Shaw, Pakistan; and Market Shop Number 10, Sarafa Bazar Miram Shaw, Pakistan.
******
Sher Qadir, Darpa Khel Village, Mirim For all items subject to Presumption of denial ...... 80 FR [INSERT FR PAGE Shaw, Pakistan the EAR NUMBER 2/18/15].
******
*******
UNITED ARAB ****** EMIRATES
Ajab Noor, a.k.a., the following one For all items subject to Presumption of denial ...... 80 FR [INSERT FR PAGE alias: the EAR. (See § 744.11 NUMBER 2/18/15]. —Ajab Nur. of the EAR) Box No. 28715, Dubai, U.A.E.; and Dubai Tower, Al Maktoum Rd, Al Rigga, Dubai, Near Baniyas Square Metro Station, U.A.E. Ajab Trading Co. LLC, Box No. 28715, For all items subject to Presumption of denial ...... 80 FR [INSERT FR PAGE Dubai, U.A.E.; and the EAR. (See § 744.11 NUMBER 2/18/15]. of the EAR) Dubai Tower, Al Maktoum Rd, Al Rigga, Dubai, Near Baniyas Square Metro Station, U.A.E.
******
Perfect Tyre Trading Co LLC, Al Ain— For all items subject to Presumption of denial ...... 80 FR [INSERT FR PAGE Al Sanaiya—Inh. Mohammed Sultan the EAR. (See § 744.11 NUMBER 2/18/15]. Aldarmaki—Bld, Dubai, U.A.E.; and of the EAR) Post Box No. 67221, Abu Dhabi, U.A.E.
******
*******
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Dated: February 12, 2015. Secretary has delegated various • The appropriate United States Kevin J. Wolf, authorities through Treasury Geological Survey (USGS) map(s) Assistant Secretary for Export Department Order 120–01 (Revised), showing the location of the proposed Administration. dated December 10, 2013, to the TTB AVA, with the boundary of the [FR Doc. 2015–03321 Filed 2–17–15; 8:45 am] Administrator to perform the functions proposed AVA clearly drawn thereon; BILLING CODE 3510–33–P and duties in the administration and and enforcement of this law. • A detailed narrative description of Part 4 of the TTB regulations (27 CFR the proposed AVA boundary based on DEPARTMENT OF THE TREASURY part 4) authorizes TTB to establish USGS map markings. definitive viticultural areas and regulate Fountaingrove District Petition Alcohol and Tobacco Tax and Trade the use of their names as appellations of Bureau origin on wine labels and in wine TTB received a petition from Douglas advertisements. Part 9 of the TTB Grigg of Walnut Hill Vineyards, LLC, on 27 CFR Part 9 regulations (27 CFR part 9) sets forth behalf of the Fountaingrove Appellation standards for the preparation and Committee, proposing the establishment [Docket No. TTB–2014–0006; T.D. TTB–128; submission of petitions for the of the ‘‘Fountaingrove District’’ AVA in Ref: Notice No. 144] establishment or modification of Sonoma County, California, northeast of RIN 1513–AC09 American viticultural areas (AVAs) and the city of Santa Rosa. The committee lists the approved AVAs. originally proposed the name Establishment of the Fountaingrove ‘‘Fountaingrove,’’ after the 19th Century District Viticultural Area Definition utopian community of Fountaingrove Section 4.25(e)(1)(i) of the TTB that once existed within the region of AGENCY: Alcohol and Tobacco Tax and regulations (27 CFR 4.25(e)(1)(i)) defines the proposed AVA. Before the Trade Bureau, Treasury. a viticultural area for American wine as publication of the proposed rule, the ACTION: Final rule; Treasury decision. a delimited grape-growing region having committee submitted to TTB a request distinguishing features, as described in to change the name to ‘‘Fountaingrove SUMMARY: The Alcohol and Tobacco Tax part 9 of the regulations, and a name District’’ in order to avoid affecting and Trade Bureau (TTB) establishes the and a delineated boundary, as current use of the word approximately 38,000-acre established in part 9 of the regulations. ‘‘Fountaingrove,’’ standing alone, in ‘‘Fountaingrove District’’ viticultural These designations allow vintners and brand names on wine labels. The area in Sonoma County, California. The consumers to attribute a given quality, proposed AVA covers approximately viticultural area lies entirely within the reputation, or other characteristic of a 38,000 acres and has approximately 35 larger, multicounty North Coast wine made from grapes grown in an area commercially-producing vineyards viticultural area. TTB designates to the wine’s geographic origin. The covering a total of 500 acres. viticultural areas to allow vintners to establishment of AVAs allows vintners The proposed Fountaingrove District better describe the origin of their wines to describe more accurately the origin of AVA is located entirely within the and to allow consumers to better their wines to consumers and helps larger, multicounty North Coast AVA identify wines they may purchase. consumers to identify wines they may (27 CFR 9.30). The proposed AVA DATES: This final rule is effective March purchase. Establishment of an AVA is shares its boundaries with the 20, 2015. neither an approval nor an endorsement established Russian River Valley (27 FOR FURTHER INFORMATION CONTACT: by TTB of the wine produced in that CFR 9.66), Chalk Hill (27 CFR 9.52), Karen A. Thornton, Regulations and area. Knights Valley (27 CFR 9.76), Calistoga Rulings Division, Alcohol and Tobacco (27 CFR 9.209), Diamond Mountain Requirements Tax and Trade Bureau, 1310 G Street District (27 CFR 9.166), Spring NW., Box 12, Washington, DC 20005; Section 4.25(e)(2) of the TTB Mountain District (27 CFR 9.143), and phone 202–453–1039, ext. 175. regulations (27 CFR 4.25(e)(2)) outlines Sonoma Valley (27 CFR 9.29) AVAs but does not overlap any of these AVAs. SUPPLEMENTARY INFORMATION: the procedure for proposing an AVA and provides that any interested party According to the petition, the Background on Viticultural Areas may petition TTB to establish a grape- distinguishing features of the proposed Fountaingrove District AVA are its TTB Authority growing region as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) topography, climate, and soils. The Section 105(e) of the Federal Alcohol prescribes standards for petitions for the proposed AVA is located on the western Administration Act (FAA Act), 27 establishment or modification of AVAs. slopes of the Mayacmas Mountains and U.S.C. 205(e), authorizes the Secretary Petitions to establish an AVA must features low, rolling hills as well as of the Treasury to prescribe regulations include the following: higher, steeper mountains with for the labeling of wine, distilled spirits, • Evidence that the area within the southwest-facing slopes. The Sonoma and malt beverages. The FAA Act proposed AVA boundary is nationally Mountains, along the southwestern provides that these regulations should, or locally known by the AVA name boundary of the proposed AVA, shelter among other things, prohibit consumer specified in the petition; the proposed AVA from the strongest deception and the use of misleading • An explanation of the basis for marine breezes and heaviest fog, but an statements on labels and ensure that defining the boundary of the proposed air gap in the mountains does allow labels provide the consumer with AVA; some cooling air and fog into the adequate information as to the identity • A narrative description of the proposed AVA. The moderate and quality of the product. The Alcohol features of the proposed AVA affecting temperatures within the proposed and Tobacco Tax and Trade Bureau viticulture, such as climate, geology, Fountaingrove District AVA are suitable (TTB) administers the FAA Act soils, physical features, and elevation, for growing cabernet sauvignon, pursuant to section 1111(d) of the that make the proposed AVA distinctive chardonnay, sauvignon blanc, merlot, Homeland Security Act of 2002, and distinguish it from adjacent areas cabernet franc, zinfandel, syrah, and codified at 6 U.S.C. 531(d). The outside the proposed AVA boundary; voignier grape varieties. The proposed
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AVA contains a variety of different Comments Received Boundary Description soils, but most of the soils are derived In response to Notice No. 144, TTB See the narrative description of the from Sonoma Volcanic and Franciscan boundary of the AVA in the regulatory Formation bedrock and consist of received a total of four comments, all of which supported the establishment of text published at the end of this final volcanic materials, such as pumiceous rule. ashflow tuff and basalt lava. The soils the Fountaingrove District AVA. contain high levels of iron, which is Commenters included three local Maps essential for healthy vine growth, but vineyard and winery owners and one person who listed no affiliation. All of The petitioner provided the required also contain high levels of nickel, which the comments generally supported the maps, and they are listed below in the can be toxic to grapevines unless the establishment of the proposed AVA due regulatory text. soil is ameliorated to reduce the level. to its distinctive climate and soils and Impact on Current Wine Labels To the west of the proposed its long history as a wine region. One Fountaingrove District AVA, the comment (comment 4) also supported Part 4 of the TTB regulations prohibits established Russian River Valley AVA is the establishment of the proposed AVA any label reference on a wine that a low, broad valley with cooler as a way to honor the accomplishments indicates or implies an origin other than temperatures and soil derived from river of Kanaye Nagasawa, a Japanese citizen the wine’s true place of origin. For a deposits. To the north, the Knights who managed the vineyards and winery wine to be labeled with an AVA name Valley AVA is warmer than the of the Fountaingrove community and or with a brand name that includes an proposed AVA and contains broad became one of the most prominent wine AVA name, at least 85 percent of the stream valleys with soils derived from makers in California during the early wine must be derived from grapes river deposits. Also to the north of the 1900s. grown within the area represented by proposed AVA is the Chalk Hill AVA, that name, and the wine must meet the The comments did not raise any new other conditions listed in 27 CFR which has temperatures and topography issues concerning the proposed AVA. similar to the proposed AVA, but has 4.25(e)(3). If the wine is not eligible for TTB received no comments opposing labeling with an AVA name and that soils that are derived primarily from the establishment of the Fountaingrove river deposits. To the east, the Calistoga, name appears in the brand name, then District AVA. TTB also did not receive the label is not in compliance and the Diamond Mountain District, and Spring any comments in response to its Mountain District AVAs have northeast- bottler must change the brand name and question of whether the proposed obtain approval of a new label. facing slopes, warmer temperatures, and Fountaingrove District AVA is so less soil diversity. To the south, the Similarly, if the AVA name appears in distinguishable from the established another reference on the label in a Sonoma Valley AVA is a large, broad North Coast AVA that the proposed valley with soils derived from river misleading manner, the bottler would AVA should not be part of the have to obtain approval of a new label. deposits and temperatures that are established AVA. warmer than those of the proposed Different rules apply if a wine has a AVA. TTB Determination brand name containing an AVA name that was used as a brand name on a Notice of Proposed Rulemaking and After careful review of the petition label approved before July 7, 1986. See Comments Received and the comments received in response 27 CFR 4.39(i)(2) for details. to Notice No. 144, TTB finds that the With the establishment of this AVA, TTB published Notice No. 144 in the evidence provided by the petitioner its name, ‘‘Fountaingrove District,’’ will Federal Register on June 30, 2014 (79 supports the establishment of the be recognized as a name of viticultural FR 36683), proposing to establish the Fountaingrove District AVA. significance under § 4.39(i)(3) of the Fountaingrove District AVA. In the Accordingly, under the authority of the TTB regulations (27 CFR 4.39(i)(3)). The notice, TTB summarized the evidence FAA Act, section 1111(d) of the text of the regulation clarifies this point. from the petition regarding the name, Homeland Security Act of 2002, and Consequently, wine bottlers using the boundary, and distinguishing features part 4 of the TTB regulations, TTB name ‘‘Fountaingrove District’’ in a for the proposed AVA. The notice also establishes the ‘‘Fountaingrove District’’ brand name, including a trademark, or compared the distinguishing features of AVA in Sonoma County, California, in another label reference as to the the proposed AVA to the surrounding effective 30 days from the publication origin of the wine, will have to ensure areas. For a detailed description of the date of this document. that the product is eligible to use the evidence relating to the name, TTB has also determined that the AVA name as an appellation of origin. boundary, and distinguishing features of Fountaingrove District AVA will remain TTB is not designating the proposed AVA, and for a detailed part of the established North Coast ‘‘Fountaingrove,’’ standing alone, as a comparison of the distinguishing AVA. As discussed in Notice No. 144, term of viticultural significance due to features of the proposed AVA to the the Fountaingrove District AVA receives the current use of ‘‘Fountaingrove,’’ surrounding areas, see Notice No. 144. some of the marine breezes and fog that standing alone, as a brand name on In Notice No. 144, TTB solicited are the primary characteristics of the wine labels. comments on the accuracy of the name, North Coast AVA. However, the The establishment of the boundary, and other required Fountaingrove District AVA is also a Fountaingrove District AVA will not information submitted in support of the unique microclimate within the larger affect any existing AVA, and any petition. In addition, TTB solicited AVA because the Mayacmas Mountains bottlers using ‘‘North Coast’’ as an comments on whether the geographic shelter the Fountaingrove District AVA appellation of origin or in a brand name features of the proposed Fountaingrove from the strongest breezes and heaviest for wines made from grapes grown District are so distinguishable from the fog. Additionally, due to its smaller size, within the North Coast AVA will not be established North Coast AVA that the the Fountaingrove District AVA is more affected by the establishment of this proposed AVA should not be part of the uniform in its geographical and climatic new AVA. The establishment of the established AVA. The comment period characteristics than the much larger, Fountaingrove District AVA will allow closed on August 29, 2014. multicounty North Coast AVA. vintners to use ‘‘Fountaingrove District’’
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and ‘‘North Coast’’ as appellations of (3) Kenwood, CA; 1954; photorevised (12) Proceed northeasterly along origin for wines made primarily from 1980; and Franz Valley Road to the western grapes grown within the Fountaingrove (4) Santa Rosa, CA; 1994. boundary of section 6, T8N/R7W; then District AVA if the wines meet the (c) Boundary. The Fountaingrove (13) Proceed south along the western eligibility requirements for the District viticultural area is located in boundary of section 6, T8N/R7W, to the appellation. Sonoma County, California. The southwest corner of section 6; then boundary of the Fountaingrove District (14) Proceed east, then east-northeast Regulatory Flexibility Act viticultural area is as described below: along the southern boundaries of TTB certifies that this regulation will (1) The beginning point is on the sections 6, 5, and 4, T8N/R7W, to the not have a significant economic impact Mark West Springs map at the southeast corner of section 4; then on a substantial number of small intersection of the shared Sonoma-Napa (15) Proceed north along the eastern entities. The regulation imposes no new County line with Petrified Forest Road, boundary of section 4, T8N/R7W, to the reporting, recordkeeping, or other section 3, T8N/R7W. Sonoma-Napa County line; then administrative requirement. Any benefit (2) From the beginning point, proceed (16) Proceed easterly along the derived from the use of an AVA name southeasterly along the Sonoma-Napa Sonoma-Napa County line to the would be the result of a proprietor’s County line, crossing onto the Calistoga beginning point. efforts and consumer acceptance of map and then the Kenwood map, to the Dated: January 15, 2015. wines from that area. Therefore, no marked 2,530-peak of an unnamed Mary G. Ryan, regulatory flexibility analysis is mountain, section 9, T7N/R6W; then Acting Administrator. required. (3) Proceed west-southwest in a Approved: January 21, 2015. straight line to the marked 2,730-foot Executive Order 12866 Timothy E. Skud, summit of Mt. Hood, section 8, T7N/ It has been determined that this final R6W; then Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). rule is not a significant regulatory action (4) Proceed west-northwest in a as defined by Executive Order 12866 of straight line to the marked 1,542-foot [FR Doc. 2015–03371 Filed 2–17–15; 8:45 am] September 30, 1993. Therefore, no summit of Buzzard Peak, section 11, BILLING CODE 4810–31–P regulatory assessment is required. T7N/R7W; then Drafting Information (5) Proceed west-southwest in a DEPARTMENT OF THE TREASURY Karen A. Thornton of the Regulations straight line, crossing onto the Santa Rosa map, to the intersection of State and Rulings Division drafted this final Office of Foreign Assets Control rule. Highway 12 and Los Alamos Road; then (6) Proceed due north in a straight 31 CFR Part 538 List of Subjects in 27 CFR Part 9 line to the southern boundary of section Wine. 9, T7N/R7W; then Sudanese Sanctions Regulations (7) Proceed west-northwest along the The Regulatory Amendment southern boundaries of sections 9, 4, AGENCY: Office of Foreign Assets For the reasons discussed in the and 5, T7N/R7W, to the western Control, Treasury. preamble, TTB amends title 27, chapter boundary of the Los Guilicos Land ACTION: Final rule. I, part 9, Code of Federal Regulations, as Grant; then follows: (8) Proceed west-southwest along the SUMMARY: The Department of the southern boundaries of sections 5, 6, Treasury’s Office of Foreign Assets PART 9—AMERICAN VITICULTURAL and 7, T7N/R7W; then continue west- Control (OFAC) is adopting a final rule AREAS southwest along the southern amending the Sudanese Sanctions boundaries of sections 12 and 11, T7N/ Regulations (the ‘‘SSR’’) by adding a ■ 1. The authority citation for part 9 R8W, to the point where the section 11 general license pertaining to certain continues to read as follows: boundary becomes concurrent with an software, hardware, and services Authority: 27 U.S.C. 205. unnamed light-duty road known locally incident to personal communications. as Lewis Road; and then continue west- OFAC is also making other technical Subpart C—Approved American southwest along Lewis Road to the and conforming changes. Viticultural Areas road’s intersection with Mendocino DATES: Effective: February 18, 2015. FOR FURTHER INFORMATION CONTACT: ■ 2. Subpart C is amended by adding Avenue in Santa Rosa; then § 9.250 to read as follows: (9) Proceed north-northwesterly along Assistant Director for Licensing, tel.: Mendocino Avenue to the road’s 202/622–2480, Assistant Director for § 9.250 Fountaingrove District. intersection with an unnamed road Policy, tel.: 202/622–6746, Assistant (a) Name. The name of the viticultural known locally as Bicentennial Way; Director for Regulatory Affairs, tel.: 202/ area described in this section is then 622–4855, Assistant Director for ‘‘Fountaingrove District.’’ For purposes (10) Proceed north in a straight line, Sanctions Compliance & Evaluation, of part 4 of this chapter, ‘‘Fountaingrove crossing through the marked 906-foot tel.: 202/622–2490, Office of Foreign District’’ is a term of viticultural elevation peak in section 35, T8N/R8W, Assets Control, or Chief Counsel significance. and, crossing on to the Mark West (Foreign Assets Control), tel.: 202/622– (b) Approved maps. The four United Springs map, continue to the line’s 2410, Office of the General Counsel, States Geological Survey (USGS) intersection with Mark West Springs Department of the Treasury (not toll free 1:24,000 scale topographic maps used to Road, section 26, T8N/R8W; then numbers). determine the boundary of the (11) Proceed northerly along Mark SUPPLEMENTARY INFORMATION: Fountaingrove District viticultural area West Springs Road, which turns easterly Electronic and Facsimile Availability are titled: and becomes Porter Creek Road, to the (1) Mark West Springs, CA; 1993; road’s intersection with Franz Valley This document and additional (2) Calistoga, CA; 1997; Road, section 12, T8N/R8W; then information concerning OFAC are
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available from OFAC’s Web site issued amended Iran General License the EAR to Sudan. For purposes of (www.treasury.gov/ofac). Certain general D–1 (GL D–1). GL D–1 clarified certain § 538.533, the term ‘‘provision’’ information pertaining to OFAC’s aspects of General License D, and added includes, for example, an in-country sanctions programs also is available via certain new authorizations relating to transfer of covered software or facsimile through a 24-hour fax-on- the provision to Iran of certain hardware. demand service, tel.: 202/622–0077. hardware, software, and services Third, OFAC is adding new incident to personal communications. authorizations for the exportation, Background Similar considerations apply in reexportation, or provision, directly or OFAC today is amending the SSR, 31 Sudan. Accordingly, in consultation indirectly, by a U.S. person located CFR part 538, primarily to issue a new with the Departments of State and outside the United States to Sudan of general license pertaining to certain Commerce, OFAC is expanding the certain software and hardware not software, hardware, and services scope of 31 CFR 538.533 consistent with subject to the EAR. See § 538.533 incident to personal communications. the U.S. Government’s commitment to (a)(2)(ii), (a)(2)(iii), (a)(3)(ii), & (a)(3)(iii). Transactions otherwise prohibited the advancement of the free flow of The general license now authorizes, for under the SSR but found to be information and to facilitate example, a foreign branch of a U.S. consistent with U.S. policy may be communications by the Sudanese company to export to Sudan, from a authorized by one of the general people, including during a national location outside the United States, licenses contained in subpart E of the dialogue, and consistent with the Iran certain hardware or software that is not SSR or by a specific license issued GL D–1 model. In view of its shared subject to the EAR (including foreign- pursuant to the procedures described in jurisdiction over certain export origin hardware or software containing subpart E of 31 CFR part 501. OFAC also licensing authority with respect to less than a de minimis amount of U.S. is making other technical and Sudan, OFAC is issuing this amendment controlled content). conforming changes. in coordination with the Department of Fourth, a Note to paragraphs (a)(2) On March 10, 2010, OFAC issued a Commerce, Bureau of Industry and and (a)(3) has been added to clarify that general license that authorized the Security (BIS). BIS concurrently is the authorization in those paragraphs exportation from the United States or by amending the EAR to, inter alia, revise includes the exportation, reexportation, U.S. persons, wherever located, to the general licensing policy of denial to or provision, directly or indirectly, of persons in Sudan (31 CFR 538.533) and one of case-by-case licensing for exports the authorized items by an individual Iran (31 CFR 560.540) of certain services and reexports to Sudan of leaving the United States for Sudan. and software incident to the exchange of telecommunications equipment and Section 538.533(a)(5) also adds a new personal communications over the associated computers, software, and authorization for the importation by an Internet, such as instant messaging, chat technology for civil end use, and to individual into the United States of and email, social networking, sharing of revise License Exception Consumer certain hardware and software photos and movies, web browsing, and Communications Devices (CCD), which previously exported by the individual to blogging. In order to qualify for that previously applied only to consumer Sudan pursuant to other provisions of authorization, such services and communications devices to Cuba, to 31 CFR 538.533. The general license software had to be publicly available authorize exports and reexports of such now authorizes, for example, an (widely available to the public) at no devices to Sudan. individual to carry a smartphone that cost to the user. In addition, such OFAC is amending 31 CFR 538.533 in falls within the scope of the software qualified for this authorization several ways. First, OFAC is removing a authorization while traveling to and only if it was (1) designated as ‘‘EAR99’’ limitation in the existing general license from Sudan. under the Export Administration at 31 CFR 538.533, which only Finally, to further ensure that the Regulations, 15 CFR parts 730 through authorizes certain no cost software and sanctions on Sudan do not affect the 774 (EAR); (2) not subject to the EAR; services incident to the exchange of willingness of companies to make or (3) classified by the Department of personal communications. Section available certain no cost personal Commerce as mass market software 538.533 now also authorizes the communications tools to persons in that under export control classification exportation of certain fee-based software country, § 538.533(a)(6) adds a new number (ECCN) 5D992 of the EAR. and services incident to the exchange of authorization that covers the These sections of the SSR and the personal communications. See 31 CFR exportation, reexportation, or provision Iranian Transactions and Sanctions 538.533(a)(1) & (2). To avoid confusion to the Government of Sudan of certain Regulations did not authorize the direct with respect to the term ‘‘publicly no cost services and software that are or indirect exportation of services or available’’ as described in 15 CFR widely available to the public. software with knowledge or reason to 734.3(b)(3), OFAC also is changing the OFAC also has made additional know that such services or software are terminology in § 538.533 from ‘‘publicly technical and conforming changes in intended for the Government of Sudan available’’ to ‘‘widely available to the § 538.212(c)(3), § 538.411, § 538.501, or the Government of Iran. public,’’ although the scope remains the and § 538.512. Notwithstanding these On May 30, 2013, to help facilitate the same. changes, nothing in this general license free flow of information in Iran and with Second, OFAC is expanding the relieves an exporter from compliance Iranians, OFAC, in consultation with authorization in § 538.533 to permit the with the export license requirements of the Departments of State and exportation, reexportation, or provision, another Federal agency. Commerce, issued Iran General License directly or indirectly, to Sudan of D. General License D expanded upon certain additional personal Public Participation the existing authorization in 31 CFR communications software, hardware, Because the Regulations involve a 560.540 by authorizing the exportation and related services subject to the EAR. foreign affairs function, the provisions to Iran of certain additional software, See 31 CFR 538.533(a)(1), (2), & (3). The of Executive Order 12866 and the hardware, and services incident to general license now authorizes, for Administrative Procedure Act (5 U.S.C. personal communications. On February example, a non-U.S. person located 553) requiring notice of proposed 7, 2014, OFAC, in consultation with the outside the United States to export rulemaking, opportunity for public Departments of State and Commerce, certain hardware and software subject to participation, and delay in effective date
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are inapplicable. Because no notice of and the provision, sale, or leasing of the effect of removing a prohibition proposed rulemaking is required for this such capacity or facilities to Sudan are contained in this part from the rule, the Regulatory Flexibility Act (5 prohibited. transaction, but only to the extent U.S.C. 601–612) does not apply. Note to paragraph (c)(3): See § 538.533 for specifically stated by its terms. Unless the regulation, ruling, instruction, or Paperwork Reduction Act a general license authorizing the exportation to Sudan of certain services, software, and license otherwise specifies, such an The collections of information related hardware incident to the exchange of authorization does not create any right, to the Regulations are contained in 31 personal communications. duty, obligation, claim, or interest in, or CFR part 501 (the ‘‘Reporting, with respect to, any property which * * * * * Procedures and Penalties Regulations’’). would not otherwise exist under ■ Pursuant to the Paperwork Reduction 3. Revise § 538.411 to read as follows: ordinary principles of law. Act of 1995 (44 U.S.C. 3507), those § 538.411 Exports to third countries; (d) Nothing contained in this part collections of information have been transshipments. shall be construed to supersede the approved by the Office of Management Exportation of goods or technology requirements established under any and Budget under control number 1505– (including technical data, software, other provision of law or to relieve a 0164. An agency may not conduct or information not exempted from the person from any requirement to obtain sponsor, and a person is not required to prohibition of this part pursuant to a license or other authorization from respond to, a collection of information § 538.211, or technical assistance) from another department or agency of the unless the collection of information the United States to third countries is U.S. Government in compliance with displays a valid control number. prohibited if the exporter knows, or has applicable laws and regulations subject List of Subjects in 31 CFR Part 538 reason to know, that the goods or to the jurisdiction of that department or technology are intended for agency. For example, exports of goods, Administrative practice and transshipment to Sudan (including services, or technical data that are not procedure, Banks, Banking, Blocking of passage through, or storage in, prohibited by this part or that do not assets, Credit, Investments, Penalties, intermediate destinations). The require a license by OFAC nevertheless Reporting and recordkeeping exportation of goods or technology may require authorization by the U.S. requirements, Securities, Services, intended specifically for incorporation Department of Commerce, the U.S. Sudan. or substantial transformation into a Department of State, or other agencies of For the reasons set forth in the third-country product is also prohibited the U.S. Government. preamble, the Department of the if the particular product is to be used in (e) No license or other authorization Treasury’s Office of Foreign Assets Sudan, is being specifically contained in or issued pursuant to this Control amends 31 CFR chapter V as manufactured to fill a Sudanese order, part authorizes transfers of or payments follows: or if the manufacturer’s sales of the from blocked property or debits to blocked accounts unless the license or PART 538—SUDANESE SANCTIONS particular product are predominantly to Sudan. other authorization explicitly authorizes REGULATIONS the transfer of or payment from blocked Note to § 538.411: See § 538.533 for a property or the debit to a blocked ■ 1. The authority citation for part 538 general license authorizing the exportation to account. continues to read as follows: persons of certain services, software, and hardware incident to the exchange of (f) Any payment relating to a Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, personal communications. transaction authorized in or pursuant to 2332d; 31 U.S.C. 321(b); 50 U.S.C. 1601– this part that is routed through the U.S. 1651, 1701–1706; Pub. L. 101–410, 104 Stat. ■ 4. Revise § 538.501 to read as follows: 890 (28 U.S.C. 2461 note); 22 U.S.C. 7201– financial system should reference the 7211; Pub. L. 109–344, 120 Stat. 1869; Pub. § 538.501 Effect of license or relevant OFAC general or specific L. 110–96, 121 Stat. 1011 (50 U.S.C. 1705 authorization. license authorizing the payment to note); E.O. 13067, 62 FR 59989, 3 CFR, 1997 (a) No license or other authorization avoid the blocking or rejection of the Comp., p. 230; E.O. 13412, 71 FR 61369, 3 contained in this part, or otherwise transfer. CFR, 2006 Comp., p. 244. issued by the Office of Foreign Assets ■ 5. Revise § 538.512 to read as follows: ■ 2. Amend § 538.212 by revising Control (OFAC), authorizes or validates any transaction effected prior to the § 538.512 Transactions related to paragraph (c)(3) and adding Note to telecommunications and mail authorized. paragraph (c)(3) to read as follows: issuance of such license or other authorization, unless specifically (a)(1) Except as provided in paragraph § 538.212 Exempt transactions. provided in such license or (a)(2) of this section, all transactions * * * * * authorization. with respect to the receipt and (c) * * * (b) No regulation, ruling, instruction, transmission of telecommunications (3) This section does not exempt or or license authorizes any transaction involving Sudan are authorized, authorize transactions incident to the prohibited under this part unless the provided that no payment pursuant to exportation of software subject to the regulation, ruling, instruction, or license this section may involve any debit to a Export Administration Regulations, 15 is issued by OFAC and specifically blocked account of the Government of CFR parts 730 through 774, or to the refers to this part. No regulation, ruling, Sudan on the books of a U.S. financial exportation of goods (including instruction, or license referring to this institution. software) or technology for use in the part shall be deemed to authorize any (2) This section does not authorize: transmission of any data, or to the transaction prohibited by any other part (i) The provision, sale, or lease of provision, sale, or leasing of capacity on of this chapter unless the regulation, telecommunications equipment or telecommunications transmission ruling, instruction, or license technology; or facilities (such as satellite or terrestrial specifically refers to such part. (ii) The provision, sale, or lease of network connectivity) for use in the (c) Any regulation, ruling, instruction, capacity on telecommunications transmission of any data. The or license authorizing any transaction transmission facilities (such as satellite exportation of such items or services otherwise prohibited under this part has or terrestrial network connectivity).
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(b) All transactions of common provided that such software would be sale, or leasing of capacity on carriers incident to the receipt or designated EAR99 if it were located in telecommunications transmission transmission of mail and packages the United States or would meet the facilities (such as satellite or terrestrial between the United States and Sudan criteria for classification under ECCN network connectivity) incident to are authorized, provided that the 5D992.c if it were subject to the EAR. personal communications. importation or exportation of such mail (iii) Software that is not subject to the Note to paragraph (a)(4): See § 538.512 for and packages is exempt from or EAR because it is described in 15 CFR authorizations relating to transactions with authorized pursuant to this part. 734.3(b)(3). The exportation, respect to the receipt and transmission of Note to § 538.512: See § 538.533 for a reexportation, or provision, directly or telecommunications involving Sudan. general license authorizing the exportation to indirectly, by a U.S. person, wherever (5) Importation into the United States Sudan of certain services, software, and located, to Sudan of software that is not of hardware and software previously hardware incident to the exchange of subject to the EAR because it is exported to Sudan. The importation into personal communications. described in 15 CFR 734.3(b)(3) that is the United States of hardware and necessary to enable services incident to software authorized for exportation, § 538.513 [Removed and Reserved] the exchange of personal reexportation, or provision to Sudan communications over the Internet, such ■ 6. Remove and reserve § 538.513. under paragraphs (a)(2) and (a)(3) of this as instant messaging, chat and email, ■ 7. Revise § 538.533 to read as follows: section by an individual entering the social networking, sharing of photos and United States, directly or indirectly, § 538.533 Exportation, reexportation, or movies, web browsing, and blogging. provision of certain services, software, and (3) Additional software, hardware, from Sudan, provided that the items hardware incident to personal and related services. To the extent not previously were exported, reexported, communications. authorized by paragraph (a)(1) or (a)(2) or provided by the individual to Sudan (a) Subject to the restrictions set forth of this section, the exportation, pursuant to paragraphs (a)(2) and (a)(3) in paragraph (b) of this section, the reexportation, or provision, directly or of this section. (6) Exportation, reexportation, or following transactions are authorized: indirectly, to Sudan of certain software (1) Services. The exportation or and hardware incident to personal provision of no cost services and reexportation, directly or indirectly, communications, as well as related software that are widely available to the from the United States or by a U.S. services, as follows: public to the Government of Sudan.—(i) person, wherever located, to Sudan of (i) In the case of hardware and Services. The exportation or services incident to the exchange of software subject to the EAR, the items reexportation, directly or indirectly, personal communications over the specified in Appendix B to this part; from the United States or by a U.S. Internet, such as instant messaging, chat (ii) In the case of hardware and person, wherever located, to the and email, social networking, sharing of software that is not subject to the EAR Government of Sudan of services photos and movies, web browsing, and because it is of foreign origin and is described in paragraph (a)(1) of this blogging. located outside the United States that is section or categories (6) through (11) of (2) Software— (i) Software subject to exported, reexported, or provided, Appendix B to this part, provided that the EAR. The exportation, reexportation, directly or indirectly, by a U.S. person, such services are widely available to the or provision, directly or indirectly, to wherever located, to Sudan, hardware public at no cost to the user. Sudan of software subject to the Export and software that is of a type described (ii) Software. The exportation, Administration Regulations, 15 CFR in Appendix B to this part provided that reexportation, or provision, directly or parts 730 through 774 (the ‘‘EAR’’), that it would be designated EAR99 if it were indirectly, to the Government of Sudan is necessary to enable services incident located in the United States or would of software described in paragraph (a)(2) to the exchange of personal meet the criteria for classification under of this section or categories (6) through communications over the Internet, such the relevant ECCN specified in (11) of Appendix B to this part, read in as instant messaging, chat and email, Appendix B to this part if it were conjunction with paragraph (a)(3) of this social networking, sharing of photos and subject to the EAR; and section, provided that such software is movies, web browsing, and blogging, (iii) in the case of software not subject widely available to the public at no cost provided that such software is to the EAR because it is described in 15 to the user. designated EAR99 or classified by the CFR 734.3(b)(3) that is exported, Note to paragraph (a): Nothing in this U.S. Department of Commerce on the reexported, or provided, directly or section relieves the exporter from compliance Commerce Control List, 15 CFR part indirectly, from the United States or by with the export license application 774, supplement No. 1 (CCL), under a U.S. person, wherever located, to requirements of another Federal agency. export control classification number Sudan, software that is of a type (b) This section does not authorize: (ECCN) 5D992.c. described in the Appendix B to this (1) The exportation, reexportation, or (ii) Software that is not subject to the part. provision, directly or indirectly, of the EAR because it is of foreign origin and Note to paragraphs (a)(2) and (a)(3): The services, software, or hardware specified is located outside the United States. The authorizations in paragraphs (a)(2) and (a)(3) in paragraph (a) of this section with exportation, reexportation, or provision, of this section include the exportation, knowledge or reason to know that such directly or indirectly, by a U.S. person, reexportation, or provision, directly or services, software, or hardware are wherever located, to Sudan of software indirectly, to Sudan of authorized hardware intended for the Government of Sudan, that is not subject to the EAR because and software by an individual leaving the except for services or software specified it is of foreign origin and is located United States for Sudan. in paragraph (a)(6) of this section. outside the United States that is (4) Internet connectivity services and (2) The exportation, reexportation, or necessary to enable services incident to telecommunications capacity. The provision, directly or indirectly, of the the exchange of personal exportation or reexportation, directly or services, software, or hardware specified communications over the Internet, such indirectly, from the United States or by in paragraph (a) of this section to any as instant messaging, chat and email, a U.S. person, wherever located, to person whose property and interests in social networking, sharing of photos and Sudan of consumer-grade Internet property are blocked pursuant to any movies, web browsing, and blogging, connectivity services and the provision, part of 31 CFR chapter V, other than
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persons whose property and interests in without authorization from the chapter V, or any Executive order, except a property are blocked solely pursuant to Department of Commerce. Sudanese financial institution whose Executive Order 13067 and Executive (c) Effective February 18, 2015, property and interests in property are Order 13412 as the Government of transfers of funds from Sudan or for or blocked solely pursuant to 31 CFR part 538. on behalf of a person in Sudan in Sudan. Note 2 to § 538.533: See § 538.212(g)(1) for (3) The exportation or reexportation, furtherance of an underlying transaction an exemption related to the exportation of directly or indirectly, of commercial- authorized by paragraph (a) of this certain goods and services to the Specified grade Internet connectivity services or section may be processed by U.S. Areas of Sudan, and § 538.537 for a general telecommunications transmission depository institutions and U.S. license authorizing the transshipment of facilities (such as dedicated satellite registered brokers or dealers in goods, technology, and services to or from links or dedicated lines that include securities so long as they are consistent the Republic of South Sudan. quality of service guarantees). with §§ 538.405 and 538.418. ■ 8. Add Appendix B to part 538 to read (4) The exportation or reexportation, (d) Specific licenses may be issued on a case-by-case basis for the exportation, as follows: directly or indirectly, of web-hosting reexportation, or provision of services, services that are for commercial Appendix B to Part 538 software, or hardware incident to endeavors or of domain name personal communications not specified Appendix B—Services, Software, and registration services. in paragraph (a) of this section or Hardware Incident to Personal (5) Any action or activity involving Appendix B to this part. Communications Authorized for any item (including information) subject Exportation, Reexportation, or Provision to to the EAR that is prohibited by, or Note 1 to § 538.533: This section does not Sudan by Paragraph (a)(3) of § 538.533 otherwise requires a license under, part authorize any transaction prohibited by any part of chapter V of 31 CFR other than part Note: See paragraphs (a)(3)(ii)–(iii) of 744 of the EAR or participation in any 538. Accordingly, the transfer of funds may § 538.533 for authorizations related to certain transaction involving a person whose not be by, to, or through a person whose hardware and software that is of a type export privileges have been denied property and interests in property are described below but that is not subject to the pursuant to part 764 or 766 of the EAR, blocked pursuant to any other part of 31 CFR EAR.
1. Mobile phones (including smartphones), Personal Digital Assistants (PDAs), Subscriber Identity Module/Subscriber Information Module (SIM) cards, and accessories for such devices designated EAR99 or classified on the CCL under ECCN 5A992.c; drivers and connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such hardware and software. 2. Satellite phones and Broadband Global Area Network (BGAN) hardware designated EAR99 or classified under ECCN 5A992.c; demand driv- ers and connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c; and services necessary for the oper- ation of such hardware and software. 3. Consumer* modems, network interface cards, radio equipment (including antennae), routers, switches, and WiFi access points, designed for 50 or fewer concurrent users, designated EAR99 or classified under ECCNs 5A992.c, 5A991.b.2, or 5A991.b.4; drivers, communications, and connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such hardware and software. 4. Residential consumer* satellite terminals, transceiver equipment (including to antennae, receivers, set-top boxes and video decoders) des- ignated EAR99 or classified under ECCNs 5A992.c, 5A991.b.2, or 5A991.b.4; drivers, communications, and connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such hardware and software. 5. Laptops, tablets, and personal computing devices, and peripherals for such devices (including consumer* disk drives and other data storage devices) and accessories for such devices (including keyboards and mice) designated EAR99 or classified on the CCL under ECCNs 5A992.c, 5A991.b.2, 5A991.b.4, or 4A994.b; computer operating systems and software required for effective consumer use of such hardware, including software updates and patches, designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such hardware and software. 6. Anti-virus and anti-malware software designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such software. 7. Anti-tracking software designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such software. 8. Mobile operating systems, online application for mobile operating systems (app) stores, and related software, including apps designed to run on mobile operating systems, designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such soft- ware. 9. Anti-censorship tools and related software designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such software. 10. Virtual Private Network (VPN) client software, proxy tools, and fee-based client personal communications tools including voice, text, video, voice-over-IP telephony, video chat, and successor technologies, and communications and connectivity software required for effective con- sumer use designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such software. 11. Provisioning and verification software for Secure Sockets Layers (SSL) certificates designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such software. * For purposes of this Appendix, the term ‘‘consumer’’ refers to items that are: (1) generally available to the public by being sold, without re- striction, from stock at retail selling points by means of any of the following: (a) over-the-counter transactions; (b) mail order transactions; (c) electronic transactions; or (d) telephone call transactions; and (2) designed for installation by the user without further substantial support by the supplier.
Dated: February 10, 2015. John E. Smith, Acting Director, Office of Foreign Assets Control. [FR Doc. 2015–03330 Filed 2–17–15; 8:45 am] BILLING CODE 4810–AL–P
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DEPARTMENT OF HOMELAND A. Regulatory History and Information during annual marine or triggering SECURITY On December 24, 2014, The Coast events in the Captain of the Port Lake Guard published an NPRM entitled Michigan zone. Although this rule will Coast Guard Safety Zones; Annual Events Requiring be effective year-round, the safety zones Safety Zones in the Captain of the Port in this rule will be enforced only 33 CFR Part 165 immediately before, during, and after Lake Michigan Zone in the Federal events that pose a hazard to the public [Docket No. USCG–2014–1001] Register (79 FR 77415). We did not and only upon notice by the Captain of receive any comments in response to the RIN 1625–AA00 the Port Lake Michigan. proposed rule. No public meeting was The Captain of the Port Lake Safety Zones; Annual Events requested and none was held. Michigan will notify the public that the Requiring Safety Zones in the Captain B. Basis and Purpose zones in this rule are or will be enforced of the Port Lake Michigan Zone by all appropriate means to the affected The legal basis for this rule is the segments of the public, including AGENCY: Coast Guard, DHS. Coast Guard’s authority to establish publication in the Federal Register, as ACTION: Final rule. safety zones: 33 U.S.C. 1231; 33 CFR practicable, in accordance with 33 CFR 1.05–1, 160.5; Department of Homeland 165.7(a). Such means of notification SUMMARY: The Coast Guard amends its Security Delegation No. 0170.1. safety zone regulations for Annual may also include, but are not limited to, This rule amends 18 permanent safety Broadcast Notice to Mariners or Local Events in the Captain of the Port Lake zones found within table 165.929 of 33 Michigan zone. This amendment Notice to Mariners. CFR 165.929. These 18 amendments All persons and vessels must comply updates 18 permanent safety zones, involve updating the location, size, and/ adds 5 new permanent safety zones, and with the instructions of the Coast Guard or enforcement times for: 13 fireworks Captain of the Port Lake Michigan or his reformats the coordinates for safety displays in various locations; 1 regatta zones. These amendments and additions or her designated representative. Entry in Spring Lake, Michigan; 1 Air Show into, transiting, or anchoring within the are necessary to protect spectators, near Oshkosh, Wisconsin; 1 Air Show in participants, and vessels from the safety zones is prohibited unless Milwaukee, Wisconsin; 1 Vessel Launch authorized by the Captain of the Port or hazards associated with annual Operation in Marinette, Wisconsin; and maritime events, including fireworks his or her designated representative. 1 high-speed boat race in Elgin, Illinois. The Captain of the Port or his or her displays, boat races, and air shows, and The Coast Guard updates the safety improves the precision and designated representative may be zones in § 165.929 to ensure that vessels contacted via VHF Channel 16. compatibility of safety zone coordinates. and persons are protected from the DATES: This final rule is effective March specific hazards related to the D. Regulatory Analyses 20, 2015. aforementioned events. These specific We developed this rule after ADDRESSES: Documents mentioned in hazards include obstructions to the considering numerous statutes and this preamble are part of docket USCG– waterway that may cause marine executive orders related to rulemaking. 2014–1001. To view documents casualties; collisions among vessels Below we summarize our analyses mentioned in this preamble as being maneuvering at a high speed within a based on these statutes or executive available in the docket, go to http:// channel; the explosive danger of orders. www.regulations.gov, type the docket fireworks; and flaming debris falling number in the ‘‘SEARCH’’ box and click into the water that may cause injuries. 1. Regulatory Planning and Review ‘‘SEARCH.’’ Click on Open Docket Additionally, this rule adds 5 new This rule is not a significant Folder on the line associated with this safety zones to table 165.929 within regulatory action under section 3(f) of rulemaking. You may also visit the § 165.929 for annually-reoccurring Executive Order 12866, Regulatory Docket Management Facility in Room events in the Captain of the Port Lake Planning and Review, and does not W12–140 on the ground floor of the Michigan Zone. These 5 zones were require an assessment of potential costs Department of Transportation West added in order to protect the public and benefits under section 6(a)(3) of that Building, 1200 New Jersey Avenue SE., from the safety hazards previously Order. The Office of Management and Washington, DC 20590, between 9 a.m. described. The 5 additions include 4 Budget has not reviewed it under that and 5 p.m., Monday through Friday, safety zones for fireworks displays, and Order. It is not ‘‘significant’’ under the except Federal holidays. 1 safety zone for a ski show in the Fox regulatory policies and procedures of FOR FURTHER INFORMATION CONTACT: If River, Green Bay, Wisconsin. the Department of Homeland Security you have questions on this rule, contact In this rule, the Coast Guard also (DHS). We conclude that this rule is not MST1 Joseph McCollum, Prevention changed the format of latitude/longitude a significant regulatory action because Department, Coast Guard Sector Lake coordinates for safety zones in Table we anticipate that it will have minimal Michigan, Milwaukee, WI at (414) 747– 165.929 of § 165.929 from degrees, impact on the economy, will not 7148 or by email at minutes, seconds to degrees with interfere with other agencies, will not [email protected]. If you decimal minutes. This change of format adversely alter the budget of any grant have questions on viewing or submitting was made in an effort to improve or loan recipients, and will not raise any material to the docket, call Cheryl precision and make the information novel legal or policy issues. The safety Collins, Program Manager, Docket more compatible with currently-used, zones created by this rule will be Operations, telephone 202–366–9826. electronic positioning systems. relatively small. Also, the safety zones SUPPLEMENTARY INFORMATION: are designed to minimize impact on C. Discussion of Comments, Changes navigable waters. Furthermore, the Table of Acronyms and the Final Rule safety zones have been designed to DHS Department of Homeland Security The Captain of the Port Lake allow vessels to transit unrestricted FR Federal Register, Michigan has determined that the safety portions of the waterways not affected NPRM Notice of Proposed Rulemaking zones in this rule are necessary to by the safety zones. Thus, restrictions TFR Temporary Final Rule ensure the safety of vessels and people on vessel movements within the
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affected area are expected to be entities that question or complain about would not create an environmental risk minimal. Under certain conditions, this rule or any policy or action of the to health or risk to safety that might moreover, vessels may still transit Coast Guard. disproportionately affect children. through the safety zones when 4. Collection of Information 11. Indian Tribal Governments permitted by the Captain of the Port Lake Michigan. Overall, we expect the This rule calls for no new collection This rule does not have tribal economic impact of this rule to be of information under the Paperwork implications under Executive Order minimal and that a full Regulatory Reduction Act of 1995 (44 U.S.C. 3501– 13175, Consultation and Coordination Evaluation is unnecessary. 3520). with Indian Tribal Governments, because it does not have a substantial 2. Impact on Small Entities 5. Federalism direct effect on one or more Indian The Regulatory Flexibility Act of 1980 A rule has implications for federalism tribes, on the relationship between the (5 U.S.C. 601–612), as amended, under Executive Order 13132, Federal Government and Indian tribes, requires federal agencies to consider the Federalism, if it has a substantial direct or on the distribution of power and potential impact of regulations on small effect on State or local governments and responsibilities between the Federal entities during rulemaking. The term would either preempt State law or Government and Indian tribes. ‘‘small entities’’ comprises small impose a substantial direct cost of businesses, not-for-profit organizations compliance on them. We have analyzed 12. Energy Effects that are independently owned and this rule under that Order and have This action is not a ‘‘significant operated and are not dominant in their determined that it does not have energy action’’ under Executive Order fields, and governmental jurisdictions implications for federalism. 13211, Actions Concerning Regulations with populations of less than 50,000. 6. Protest Activities That Significantly Affect Energy Supply, The Coast Guard certifies under 5 U.S.C. Distribution, or Use. 605(b) that this rule would not have a The Coast Guard respects the First significant economic impact on a Amendment rights of protesters. 13. Technical Standards substantial number of small entities. Protesters are asked to contact the This rule does not use technical This rule will affect the following person listed in the FOR FURTHER standards. Therefore, we did not entities, some of which might be small INFORMATION CONTACT section to consider the use of voluntary consensus entities: The owners and operators of coordinate protest activities so that your standards. vessels intending to transit or anchor in message can be received without the areas designated as safety zones jeopardizing the safety or security of 14. Environment during the dates and times the safety people, places or vessels. We have analyzed this rule under zones are being enforced. Department of Homeland Security 7. Unfunded Mandates Reform Act These safety zones will not have a Management Directive 023–01 and significant economic impact on a The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, substantial number of small entities for of 1995 (2 U.S.C. 1531–1538) requires which guide the Coast Guard in the reasons cited in the Regulatory Federal agencies to assess the effects of complying with the National Planning and Review section. their discretionary regulatory actions. In Environmental Policy Act of 1969 Additionally, before the enforcement of particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and these zones, we would issue a local that may result in the expenditure by a have determined that this action is one Broadcast Notice to Mariners so vessel State, local, or tribal government, in the of a category of actions which do not owners and operators can plan aggregate, or by the private sector of individually or cumulatively have a accordingly. $100,000,000 (adjusted for inflation) or significant effect on the human If you think that your business, more in any one year. Though this rule environment. This rule involves the organization, or governmental would not result in such an establishment of safety zones and thus, jurisdiction qualifies as a small entity expenditure, we do discuss the effects of is categorically excluded under and that this rule would have a this rule elsewhere in this preamble. paragraph (34)(g) of the Instruction. An significant economic impact on it, 8. Taking of Private Property environmental analysis checklist please submit a comment (see supporting this determination is ADDRESSES) explaining why you think it This rule would not affect a taking of available in the docket where indicated qualifies and how and to what degree private property or otherwise have under ADDRESSES. We seek any this rule would economically affect it. taking implications under Executive comments or information that may lead Order 12630, Governmental Actions and 3. Assistance for Small Entities to the discovery of a significant Interference with Constitutionally environmental impact from this rule. Under section 213(a) of the Small Protected Property Rights. Business Regulatory Enforcement List of Subjects in 33 CFR Part 165 9. Civil Justice Reform Fairness Act of 1996 (Pub. L. 104–121), Harbors, Marine safety, Navigation we want to assist small entities in This rule meets applicable standards (water), Reporting and recordkeeping understanding this rule so that they can in sections 3(a) and 3(b)(2) of Executive requirements, Security measures, better evaluate its effects on them and Order 12988, Civil Justice Reform, to Waterways. participate in the rulemaking process. If minimize litigation, eliminate For the reasons discussed in the this rule would affect your small ambiguity, and reduce burden. preamble, the Coast Guard amends 33 business, organization, or governmental CFR part 165 as follows: jurisdiction and you have questions 10. Protection of Children concerning its provisions or options for We have analyzed this rule under PART 165—REGULATED NAVIGATION compliance, please contact the person Executive Order 13045, Protection of AREAS AND LIMITED ACCESS AREAS listed in FOR FURTHER INFORMATION Children from Environmental Health CONTACT section, above. The Coast Risks and Safety Risks. This rule is not ■ 1. The authority citation for part 165 Guard will not retaliate against small an economically significant rule and continues to read as follows:
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Authority: 33 U.S.C. 1231; 46 U.S.C. (3) The enforcement dates and times (3) Rain date refers to an alternate Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; for each of the safety zones listed in date and/or time in which the safety 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Table 165.929 of this section are subject zone would be enforced in the event of Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. to change, but the duration of inclement weather. enforcement would remain the same or (c) Suspension of enforcement. The ■ 2. Revise § 165.929 to read as follows: nearly the same total number of hours Captain of the Port Lake Michigan may as stated in the table. In the event of a § 165.929 Safety Zones; Annual events suspend enforcement of any of these change, the Captain of the Port Lake requiring safety zones in the Captain of the zones earlier than listed in this section. Port Lake Michigan zone. Michigan will provide notice to the public by publishing a Notice of Should the Captain of the Port suspend (a) Regulations. The following any of these zones earlier than the listed regulations apply to the safety zones Enforcement in the Federal Register, as duration in this section, he or she may listed in Table 165.929 of this section. well as, issuing a Broadcast Notice to (1) The general regulations in Mariners. make the public aware of this suspension by Broadcast Notice to § 165.23. (b) Definitions. The following Mariners and/or on-scene notice by his (2) All vessels must obtain permission definitions apply to this section: from the Captain of the Port Lake or her designated representative. Michigan or his or her designated (1) Designated representative means any Coast Guard commissioned, (d) Exemption. Public vessels, as representative to enter, move within, or defined in paragraph (b) of this section, exit a safety zone established in this warrant, or petty officer designated by the Captain of the Port Lake Michigan are exempt from the requirements in section when the safety zone is this section. enforced. Vessels and persons granted to monitor a safety zone, permit entry permission to enter one of the safety into a safety zone, give legally (e) Waiver. For any vessel, the Captain zones listed in this section must obey all enforceable orders to persons or vessels of the Port Lake Michigan or his or her lawful orders or directions of the within a safety zone, and take other designated representative may waive Captain of the Port Lake Michigan or his actions authorized by the Captain of the any of the requirements of this section or her designated representative. Upon Port Lake Michigan. upon finding that operational being hailed by the U.S. Coast Guard by (2) Public vessel means a vessel that conditions or other circumstances are siren, radio, flashing light or other is owned, chartered, or operated by the such that application of this section is means, the operator of a vessel must United States, or by a State or political unnecessary or impractical for the proceed as directed. subdivision thereof. purposes of safety or security.
TABLE 165.929
Event Location Enforcement date and time 2
(a) March Safety Zones
(1) St. Patrick’s Day Fireworks ...... Manitowoc, WI. All waters of the Manitowoc The third Saturday of March; 5:30 p.m. to 7 River within the arc of a circle with a 250- p.m. foot radius from a center point launch posi- tion at 44°05.492′ N., 087°39.332′ W. (2) Public Fireworks Display ...... Green Bay, WI. All waters of the Fox River in March 15; 11:50 a.m. to 12:30 p.m. Rain the vicinity of the Main Street and Walnut date: March 16; 11:50 a.m. to 12:30 p.m. Street Bridge within an area bounded by the following coordinates; 44°31.211′ N., 088° 00.833′ W.; then southwest along the river bank to 44°30.944′ N., 088°01.159′ W.; then southeast to 44°30.890′ N., 088°01.016′ W.; then northeast along the river bank to 44°31.074′ N., 088°00.866′ W.; then northwest returning to the point of origin.
(b) April Safety Zones
(1) Michigan Aerospace Challenge Sport Rock- Muskegon, MI. All waters of Muskegon Lake, The last Saturday of April; 8 a.m. to 4 p.m. et Launch. near the West Michigan Dock and Market Corp facility, within the arc of a circle with a 1500-yard radius from the rocket launch site located in position 43°14.018′ N., 086°15.585′ W. (2) Lubbers Cup Regatta ...... Spring Lake, MI. All waters of Spring Lake in April 11; 7:45 a.m. to 7 p.m., and April 12; Spring Lake, Michigan in the vicinity of 8:30 a.m. to 12:30 p.m. Keenan Marina within a rectangle that is approximately 6,300 by 300 feet. The rec- tangle will be bounded by points beginning at 43°04.914′ N., 086°12.525′ W.; then east to 43°04.958′ N., 086°11.104′ W.; then south to 43°04.913′ N., 086°11.096′ W.; then west to 43°04.867′ N., 086°12.527′ W.; then north back to the point of origin.
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TABLE 165.929—Continued
Event Location Enforcement date and time 2
(c) May Safety Zones
(1) Tulip Time Festival Fireworks ...... Holland, MI. All waters of Lake Macatawa, The first Saturday of May; 9:30 p.m. to 11:30 near Kollen Park, within the arc of a circle p.m. Rain date: The first Friday of May; with a 1000-foot radius from the fireworks 9:30 p.m. to 11:30 p.m. launch site in approximate center position 42°47.496′ N., 086°07.348′ W. (2) Cochrane Cup...... Blue Island, IL. All waters of the Calumet The first Saturday of May; 6:30 a.m. to 5 p.m. Saganashkee Channel from the South Halstead Street Bridge at 41°39.442′ N., 087°38.474′ W.; to the Crawford Avenue Bridge at 41°39.078′ N., 087°43.127′ W.; and the Little Calumet River from the Ash- land Avenue Bridge at 41°39.098′ N., 087°39.626′ W.; to the junction of the Cal- umet Saganashkee Channel at 41°39.373′ N., 087°39.026′ W. (3) Rockets for Schools Rocket Launch ...... Sheboygan, WI. All waters of Lake Michigan The first Saturday of May; 8 a.m. to 5 p.m. and Sheboygan Harbor, near the She- boygan South Pier, within the arc of a circle with a 1500-yard radius from the rocket launch site located with its center in posi- tion 43°44.914′ N., 087°41.869′ W. (4) Celebrate De Pere Fireworks ...... De Pere, WI. All waters of the Fox River, near The Saturday or Sunday before Memorial Voyageur Park, within the arc of a circle Day; 8:30 p.m. to 10 p.m. with a 500 foot radius from the fireworks launch site located in position 44°27.167′ N., 088°03.833′ W.
(d) June Safety Zones
(1) International Bayfest ...... Green Bay, WI. All waters of the Fox River, The second Friday of June; 9 p.m. to 11 p.m. near the Western Lime Company 1.13 miles above the head of the Fox River, within the arc of a circle with a 1,000-foot radius from the fireworks launch site lo- cated in position 44°31.408′ N., 088°00.710′ W. (2) Harborfest Music and Family Festival ...... Racine, WI. All waters of Lake Michigan and Friday and Saturday of the third complete Racine Harbor, near the Racine Launch weekend of June; 9 p.m. to 11 p.m. each Basin Entrance Light, within the arc of a cir- day. cle with a 200-foot radius from the fireworks launch site located in position 42°43.722′ N., 087°46.673′ W. (3) Spring Lake Heritage Festival Fireworks ...... Spring Lake, MI. All waters of the Grand River The third Saturday of June; 9 p.m. to 11 p.m. within the arc of a circle with a 700-foot ra- dius from a barge in center position 43°04.375′ N., 086°12.401′ W. (4) Elberta Solstice Festival ...... Elberta, MI. All waters of Betsie Lake within The last Saturday of June; 9 p.m. to 11 p.m. the arc of a circle with a 500-foot radius from the fireworks launch site located in ap- proximate center position 44°37.607′ N., 086°13.977′ W. (5) World War II Beach Invasion Re-enactment St. Joseph, MI. All waters of Lake Michigan in The last Saturday of June; 8 a.m. to 2 p.m. the vicinity of Tiscornia Park in St. Joseph, MI beginning at 42°06.918′ N., 086°29.421′ W.; then west/northwest along the north breakwater to 42°06.980′ N., 086°29.682′ W.; then northwest 100 yards to 42°07.018′ N., 086°29.728′ W.; then northeast 2,243 yards to 42°07.831′ N., 086°28.721′ W.; then southeast to the shoreline at 42°07.646′ N., 086°28.457′ W.; then south- west along the shoreline to the point of ori- gin. (6) Ephraim Fireworks ...... Ephraim, WI. All waters of Eagle Harbor and The third Saturday of June; 9 p.m. to 11 p.m. Lake Michigan within the arc of a circle with a 750-foot radius from the fireworks launch site located on a barge in position 45°09.304′ N., 087°10.844′ W.
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TABLE 165.929—Continued
Event Location Enforcement date and time 2
(7) Thunder on the Fox ...... Elgin, IL. All waters of the Fox River from the Friday, Saturday, and Sunday of the third Kimball Street bridge, located at approxi- weekend in June; 10 a.m. to 7 p.m. each mate position 42°02.499′ N., 088°17.367′ day. W., then 1250 yards north to a line crossing the river perpendicularly running through position 42°03.101′ N., 088°17.461′ W. (8) Olde Ellison Bay Days Fireworks ...... Ellison Bay, WI. All waters of Green Bay, in The fourth Saturday of June; 9 p.m. to 10 the vicinity of Ellison Bay Wisconsin, within p.m. the arc of a circle with a 400-foot radius from the fireworks launch site located on a barge in approximate center position 45°15.595′ N., 087°05.043′ W. (9) Sheboygan Harborfest Fireworks ...... Sheboygan, WI. All waters of Lake Michigan June 15; 8:45 p.m. to 10:45 p.m. and Sheboygan Harbor within the arc of a circle with a 1000-foot radius from the fire- works launch site located in position 43°44.914′ N., 087°41.897′ W.
(e) July Safety Zones
(1) Town of Porter Fireworks Display ...... Porter IN. All waters of Lake Michigan within The first Saturday of July; 8:45 p.m. to 9:30 the arc of a circle with a 1000 foot radius p.m. from the fireworks launch site located in center position 41°39.927′ N., 087°03.933′ W. (2) City of Menasha 4th of July Fireworks ...... Menasha, WI. All waters of Lake Winnebago July 4; 9 p.m. to 10:30 p.m. and the Fox River within the arc of a circle with an 800-foot radius from the fireworks launch site located in center position 44°12.231′ N., 088°25.524′ W. (3) Pentwater July Third Fireworks ...... Pentwater, MI. All waters of Lake Michigan July 3; 9 p.m. to 11 p.m. Rain date: July 4; 9 and the Pentwater Channel within the arc of p.m. to 11 p.m. a circle with a 1,000-foot radius from the fireworks launch site located in position 43°46.942′ N., 086°26.625′ W. (4) Taste of Chicago Fireworks ...... Chicago, IL. All waters of Monroe Harbor and July 3; 9 p.m. to 11 p.m. Rain date: July 4; 9 Lake Michigan bounded by a line drawn p.m. to 11 p.m. from 41°53.380′ N., 087°35.978′ W.; then southeast to 41°53.247′ N., 087°35.434′ W.; then south to 41°52.809′ N., 087°35.434′ W.; then southwest to 41°52.453′ N., 087°36.611′ W.; then north to 41°53.247′ N., 087°36.573′ W.; then northeast return- ing to the point of origin. (5) St. Joseph Fourth of July Fireworks ...... St. Joseph, MI. All waters of Lake Michigan July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 and the St. Joseph River within the arc of a p.m. to 11 p.m. circle with a 1000-foot radius from the fire- works launch site in position 42°06.867′ N., 086° 29.463′ W. (6) US Bank Fireworks...... Milwaukee, WI. All waters and adjacent July 3; 9 p.m. to 11 p.m. Rain date: July 4; 9 shoreline of Milwaukee Harbor, in the vicin- p.m. to 11 p.m. ity of Veteran’s park, within the arc of a cir- cle with a 1,200-foot radius from the center of the fireworks launch site which is located on a barge in approximate position 43°02.362′ N., 087°53.485′ W. (7) Manistee Independence Day Fireworks ...... Manistee, MI. All waters of Lake Michigan, in July 3; 9 p.m. to 11 p.m. Rain date: July 4; 9 the vicinity of the First Street Beach, within p.m. to 11 p.m. the arc of a circle with a 1,000-foot radius from the fireworks launch site located in po- sition 44°14.854′ N., 086°20.757′ W. (8) Frankfort Independence Day Fireworks ...... Frankfort, MI. All waters of Lake Michigan and July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 Frankfort Harbor, bounded by a line drawn p.m. to 11 p.m. from 44°38.100′ N., 086°14.826′ W.; then south to 44°37.613′ N., 086°14.802′ W.; then west to 44°37.613′ N., 086°15.263′ W.; then north to 44°38.094′ N., 086°15.263′ W.
VerDate Sep<11>2014 17:46 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8541
TABLE 165.929—Continued
Event Location Enforcement date and time 2
(9) Freedom Festival Fireworks ...... Ludington, MI. All waters of Lake Michigan July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 and Ludington Harbor within the arc of a p.m. to 11 p.m. circle with a 800-foot radius from the fire- works launch site located in position 43°57.171′ N., 086°27.718′ W. (10) White Lake Independence Day Fireworks .. Montague, MI. All waters of White Lake within July 4; 9:30 p.m. to 11:30 p.m. Rain date: the arc of a circle with an 800-foot radius July 5; 9:30 p.m. to 11:30 p.m. from a center position at 43°24.621′ N., 086°21.463′ W. (11) Muskegon Summer Celebration July Muskegon, MI. All waters of Muskegon Lake, July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 Fourth Fireworks. in the vicinity of Hartshorn Municipal Ma- p.m. to 11 p.m. rina, within the arc of a circle with a 700- foot radius from a center position at 43°14.039′ N., 086°15.793′ W. (12) Grand Haven Jaycees Annual Fourth of Grand Haven, MI. All waters of the Grand July 4; 9 p.m. to 11:30 p.m. Rain date: July 5; July Fireworks. River within the arc of a circle with a 800- 9 p.m. to 11:30 p.m. foot radius from the fireworks launch site lo- cated on the west bank of the Grand River in position 43°3.908′ N., 086°14.240′ W. (13) Celebration Freedom Fireworks ...... Holland, MI. All waters of Lake Macatawa in The Saturday prior to July 4; 9 p.m. to 11 the vicinity of Kollen Park within the arc of a p.m. Rain date: July 4; 9 p.m. to 11 p.m. circle with a 2000-foot radius of a center launch position at 42°47.440′ N., 086°07.621′ W. (14) Van Andel Fireworks Show ...... Holland, MI. All waters of Lake Michigan and July 4; 9 p.m. to 11 p.m. Raindate: July 3; 9 the Holland Channel within the arc of a cir- p.m. to 11 p.m. cle with a 1000-foot radius from the fire- works launch site located in approximate position 42°46.351′ N., 086°12.710′ W. (15) Saugatuck Independence Day Fireworks ... Saugatuck, MI. All waters of Kalamazoo Lake July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 within the arc of a circle with a 500-foot ra- p.m. to 11 p.m. dius from the fireworks launch site in center position 42°39.074′ N., 086°12.285′ W. (16) South Haven Fourth of July Fireworks ...... South Haven, MI. All waters of Lake Michigan July 3; 9:30 p.m. to 11:30 p.m. and the Black River within the arc of a cir- cle with a 1000-foot radius from the fire- works launch site located in center position 42°24.125′ N., 086°17.179′ W. (17) Town of Dune Acres Independence Day Dune Acres, IN. All waters of Lake Michigan The first Saturday of July; 8:45 p.m. to 10:30 Fireworks. within the arc of a circle with a 700-foot ra- p.m. dius from the fireworks launch site located in position 41°39.303′ N., 087°05.239′ W. (18) Gary Fourth of July Fireworks ...... Gary, IN. All waters of Lake Michigan, ap- July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 proximately 2.5 miles east of Gary Harbor, p.m. to 11 p.m. within the arc of a circle with a 500-foot ra- dius from the fireworks launch site located in position 41°37.322′ N., 087°14.509′ W. (19) Joliet Independence Day Celebration Fire- Joliet, IL. All waters of the Des Plains River, July 3; 9 p.m. to 11 p.m. Rain date: July 4; 9 works. at mile 288, within the arc of a circle with a p.m. to 11 p.m. 500-foot radius from the fireworks launch site located in position 41°31.522′ N., 088°05.244′ W. (20) Glencoe Fourth of July Celebration Fire- Glencoe, IL. All waters of Lake Michigan in July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 works. the vicinity of Lake Front Park, within the p.m. to 11 p.m. arc of a circle with a 500-foot radius from a barge in position 42°08.404′ N., 087°44.930′ W. (21) Lakeshore Country Club Independence Glencoe, IL. All waters of Lake Michigan with- July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 Day Fireworks. in the arc of a circle with a 600-foot radius p.m. to 11 p.m. from a center point fireworks launch site in approximate position 42°09.130′ N., 087°45.530′ W. (22) Shore Acres Country Club Independence Lake Bluff, IL. All waters of Lake Michigan July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 Day Fireworks. within the arc of a circle with a 600-foot ra- p.m. to 11 p.m. dius from approximate position 42°17.847′ N., 087°49.837′ W. (23) Kenosha Independence Day Fireworks ...... Kenosha, WI. All waters of Lake Michigan and July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 Kenosha Harbor within the arc of a circle p.m. to 11 p.m. with a 1000-foot radius from the fireworks launch site located in position 42°35.283′ N., 087°48.450′ W.
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TABLE 165.929—Continued
Event Location Enforcement date and time 2
(24) Fourthfest of Greater Racine Fireworks ..... Racine, WI. All waters of Racine Harbor and July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 Lake Michigan within the arc of a circle with p.m. to 11 p.m. a 900-foot radius from a center point posi- tion at 42°44.259′ N., 087°46.635′ W. (25) Sheboygan Fourth of July Celebration Fire- Sheboygan, WI. All waters of Lake Michigan July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 works. and Sheboygan Harbor, in the vicinity of the p.m. to 11 p.m. south pier, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 43°44.917′ N., 087°41.850′ W. (26) Manitowoc Independence Day Fireworks ... Manitowoc, WI. All waters of Lake Michigan July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 and Manitowoc Harbor, in the vicinity of p.m. to 11 p.m. south breakwater, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 44°05.395′ N., 087°38.751′ W. (27) Sturgeon Bay Independence Day Fire- Sturgeon Bay, WI. All waters of Sturgeon July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 works. Bay, in the vicinity of Sunset Park, within p.m. to 11 p.m. the arc of a circle with a 1000-foot radius from the fireworks launch site located on a barge in position 44°50.617′ N., 087°23.300′ W. (28) Fish Creek Independence ...... Fish Creek, WI. All waters of Green Bay, in The first Saturday after July 4; 9 p.m. to 11 the vicinity of Fish Creek Harbor, within the p.m. Rain date: The first Sunday after July arc of a circle with a 1000-foot radius from 4; 9 p.m. to 11 p.m. the fireworks launch site located on a barge in position 45°07.867′ N., 087°14.617′ W. (29) Fire over the Fox Fireworks ...... Green Bay, WI. All waters of the Fox River in- July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 cluding the mouth of the East River from p.m. to 11 p.m. the railroad bridge in approximate position 44°31.467′ N., 088°00.633′ W. then south- west to the US 141 bridge in approximate position 44°31.102′ N., 088°00.963′ W. (30) Celebrate Americafest Ski Show ...... Green Bay, WI. All waters of the Fox River, July 4 from 2:30 p.m. to 4:30 p.m. Rain date: including the mouth of the East River from July 5; 2:30 p.m. to 4:30 p.m. the West Walnut Street Bridge in approxi- mate position 44°30.912′ N., 088°01.100′ W., then northeast to an imaginary line run- ning perpendicularly across the river through coordinate 44°31.337′ N., 088°00.640′ W. (31) Marinette Fourth of July Celebration Fire- Marinette, WI. All waters of the Menominee July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 works. River, in the vicinity of Stephenson Island, p.m. to 11 p.m. within the arc of a circle with a 900 foot ra- dius from the fireworks launch site in center position 45°6.232′ N., 087°37.757′ W. (32) Evanston Fourth of July Fireworks ...... Evanston, IL. All waters of Lake Michigan, in July 4; 9 p.m. to 11 p.m. Rain date: July 5; 9 the vicinity of Centennial Park Beach, within p.m. to 11 p.m. the arc of a circle with a 500-foot radius from the fireworks launch site located in po- sition 42°02.933′ N., 087°40.350′ W. (33) Gary Air and Water Show ...... Gary, IN. All waters of Lake Michigan bound- July 10 thru 14; 8:30 a.m. to 5 p.m. ed by a line drawn from 41°37.250′ N., 087°16.763′ W.; then east to 41°37.440′ N., 087°13.822′ W.; then north to 41°38.017′ N., 087°13.877′ W.; then southwest to 41°37.805′ N., 087°16.767′ W.; then south returning to the point of origin. (34) Annual Trout Festival Fireworks ...... Kewaunee, WI. All waters of Kewaunee Har- Friday of the second complete weekend of bor and Lake Michigan within the arc of a July; 9 p.m. to 11 p.m. circle with a 1000-foot radius from the fire- works launch site located in position 44°27.493′ N., 087°29.750′ W. (35) Michigan City Summerfest Fireworks ...... Michigan City, IN. All waters of Michigan City Sunday of the second complete weekend of Harbor and Lake Michigan within the arc of July; 8:30 p.m. to 10:30 p.m. a circle with a 1000-foot radius from the fireworks launch site located in position 41°43.700′ N., 086°54.617′ W.
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TABLE 165.929—Continued
Event Location Enforcement date and time 2
(36) Port Washington Fish Day Fireworks...... Port Washington, WI. All waters of Port The third Saturday of July; 9 p.m. to 11 p.m. Washington Harbor and Lake Michigan, in the vicinity of the WE Energies coal dock, within the arc of a circle with a 1000-foot radius from the fireworks launch site lo- cated in position 43°23.117′ N., 087°51.900′ W. (37) Bay View Lions Club South Shore Frolics Milwaukee, WI. All waters of Lake Michigan Friday, Saturday, and Sunday of the second Fireworks. and Milwaukee Harbor, in the vicinity of or third weekend of July; 9 p.m. to 11 p.m. South Shore Yacht Club, within the arc of a each day. circle with a 900-foot radius from the fire- works launch site in position 42°59.658′ N., 087°52.808′ W. (38) Venetian Festival Fireworks ...... St. Joseph, MI. All waters of Lake Michigan Saturday of the third complete weekend of and the St. Joseph River, near the east end July; 9 p.m. to 11 p.m. of the south pier, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 42°06.800′ N., 086°29.250′ W. (39) Joliet Waterway Daze Fireworks ...... Joliet, IL. All waters of the Des Plaines River, Friday and Saturday of the third complete at mile 287.5, within the arc of a circle with weekend of July; 9 p.m. to 11 p.m. each a 300-foot radius from the fireworks launch day. site located in position 41°31.250′ N., 088°05.283′ W. (40) EAA Airventure ...... Oshkosh, WI. All waters of Lake Winnebago The last complete week of July, beginning in the vicinity of Willow Harbor within an Monday and ending Sunday; 8 a.m. to 8 area bounded by a line connecting the fol- p.m. each day. lowing coordinates: beginning at 43°56.822′ N., 088° 29.904′ W.; then north approxi- mately 5100 feet to 43°57.653′ N., 088° 29.904′ W., then east approximately 2300 feet to 43°57.653′ N., 088° 29.374′ W.; then south to shore at 43°56.933′ N., 088°29.374′ W.; then southwest along the shoreline to 43°56.822′ N., 088°29.564′ W.; then west returning to the point of origin. (41) Saugatuck Venetian Night Fireworks ...... Saugatuck, MI. All waters of Kalamazoo Lake The last Saturday of July; 9 p.m. to 11 p.m. within the arc of a circle with a 500-foot ra- dius from the fireworks launch site located on a barge in position 42°39.073′ N., 086°12.285′ W. (42) Roma Lodge Italian Festival Fireworks ...... Racine, WI. All waters of Lake Michigan and Friday and Saturday of the last complete Racine Harbor within the arc of a circle with weekend of July; 9 p.m. to 11 p.m. a 1000-foot radius from the fireworks launch site located in position 42°44.067′ N., 087°46.333′ W. (43) Chicago Venetian Night Fireworks ...... Chicago, IL. All waters of Monroe Harbor and Saturday of the last weekend of July; 9 p.m. all waters of Lake Michigan bounded by a to 11 p.m. line drawn from 41°53.050′ N., 087°36.600′ W.; then east to 41°53.050′ N., 087°36.350′ W.; then south to 41°52.450′ N., 087°36.350′ W.; then west to 41°52.450′ N., 087°36.617′ W.; then north returning to the point of origin. (44) New Buffalo Business Association Fire- New Buffalo, MI. All waters of Lake Michigan July 3rd or July 5th; 9:30 p.m. to 11:15 p.m. works. and New Buffalo Harbor within the arc of a circle with a 800-foot radius from the fire- works launch site located in position 41°48.153′ N., 086°44.823′ W. (45) Start of the Chicago to Mackinac Race ...... Chicago, IL. All waters of Lake Michigan in July 12; 2 p.m. to 4:30 p.m. and July 13; 9 the vicinity of the Navy Pier at Chicago IL, a.m. to 3 p.m. within a rectangle that is approximately 1500 by 900 yards. The rectangle is bound- ed by the coordinates beginning at 41°53.252′ N., 087°35.430′ W.; then south to 41°52.812′ N., 087°35.430′ W.; then east to 41°52.817′ N., 087°34.433′ W.; then north to 41°53.250′ N., 087°34.433′ W.; then west, back to point of origin.
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TABLE 165.929—Continued
Event Location Enforcement date and time 2
(46) Fireworks at Pier Wisconsin ...... Milwaukee, WI. All waters of Milwaukee Har- Dates and times will be issued by Notice of bor, including Lakeshore Inlet and the ma- Enforcement and Broadcast Notice to Mari- rina at Pier Wisconsin, within the arc of a ners. circle with a 300-foot radius from the fire- works launch site on Pier Wisconsin located in approximate position 43°02.178′ N., 087°53.625′ W. (47) Gills Rock Fireworks ...... Gills Rock, WI. All waters of Green Bay near July 4; 8:30 p.m. to 10:30 p.m. Gills Rock WI within a 1000-foot radius of the launch vessel in approximate position at 45°17.470′ N., 087°01.728′ W. (48) City of Menominee 4th of July Celebration Menominee, MI. All waters of Green Bay, in July 4; 9 p.m. to 11 p.m. Fireworks. the vicinity of Menominee Marina, within the arc of a circle with a 900-foot radius from a center position at 45°06.417′ N., 087°36.024′ W. (49) Miesfeld’s Lakeshore Weekend Fireworks Sheboygan, WI. All waters of Lake Michigan July 26; 9 p.m. to 10 p.m. and Sheboygan Harbor within an 800-foot radius from the fireworks launch site lo- cated at the south pier in approximate posi- tion 43°44.917′ N., 087°41.967′ W. (50) Marinette Logging and Heritage Festival Marinette, WI. All waters of the Menominee July 13; 9 p.m. to 11 p.m. Fireworks. River, in the vicinity of Stephenson Island, within the arc of a circle with a 900-foot ra- dius from the fireworks launch site in posi- tion 45°06.232′ N., 087°37.757′ W. (51) Summer in the City Water Ski Show ...... Green Bay, WI. All waters of the Fox River in Each Wednesday of July through August; 6 Green Bay, WI from the Main Street Bridge p.m. to 6:30 p.m. and 7 p.m. to 7:30 p.m. in position 44°31.089′ N., 088°00.904′ W.; then southwest to the Walnut Street Bridge in position 44°30.900′ N., 088°01.091′ W. (52) Holiday Celebration Fireworks ...... Kewaunee, WI. All waters of Kewaunee Har- July 4; 8:30 p.m. to 10:30 p.m. Rain date: bor and Lake Michigan within the arc of a July 5; 8:30 p.m. to 10:30 p.m. circle with a 1000-foot radius from the fire- works launch site located in position 44°27.481′ N., 087°29.735′ W. (53) Independence Day Fireworks ...... Wilmette, IL. All waters of Lake Michigan and July 3; 8:30 p.m. to 10:15 p.m. the North Shore Channel within the arc of a circle with a 1000-foot radius from the fire- works launch site located at approximate center position 42°04.674′ N., 087°40.856′ W.
(f) August Safety Zones
(1) Michigan Super Boat Grand Prix ...... Michigan City, IN. All waters of Lake Michigan The first Sunday of August; 9 a.m. to 4 p.m. bounded by a rectangle drawn from Rain date: The first Saturday of August; 9 41°43.655′ N., 086°54.550′ W.; then north- a.m. to 4 p.m. east to 41°44.808′ N., 086°51.293′ W., then northwest to 41°45.195′ N., 086°51.757′ W.; then southwest to 41°44.063′ N., 086°54.873′ W.; then southeast returning to the point of origin. (2) Milwaukee Air and Water Show ...... Milwaukee, WI. All waters and adjacent July 31 thru August 4; 8:30 a.m. to 5 p.m. shoreline of Lake Michigan in the vicinity of McKinley Park located within an area that is approximately 4800 by 1250 yards. The area will be bounded by the points begin- ning at 43°02.450′ N., 087°52.850′ W.; then southeast to 43°02.230′ N., 087°52.061′ W.; then northeast to 43°04.543′ N., 087°50.801′ W.; then northwest to 43°04.757′ N., 087°51.512′ W.; then south- west returning to the point of origin. (3) Port Washington Maritime Heritage Festival Port Washington, WI. All waters of Port Saturday of the last complete weekend of July Fireworks. Washington Harbor and Lake Michigan, in or the second weekend of August; 9 p.m. to the vicinity of the WE Energies coal dock, 11 p.m. within the arc of a circle with a 1000-foot radius from the fireworks launch site lo- cated in position 43°23.117′ N., 087°51.900′ W.
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TABLE 165.929—Continued
Event Location Enforcement date and time 2
(4) Grand Haven Coast Guard Festival Fire- Grand Haven, MI. All waters of the Grand First weekend of August; 9 p.m. to 11 p.m. works. River within the arc of a circle with a 600- foot radius from the fireworks launch site lo- cated on the west bank of the Grand River in position 43°03.907′ N., 086°14.247′ W. (5) Sturgeon Bay Yacht Club Evening on the Sturgeon Bay, WI. All waters of Sturgeon Bay The first Saturday of August; 8 p.m. to 10 Bay Fireworks. within the arc of a circle with a 280-foot ra- p.m. dius from the fireworks launch site located on a barge in approximate position 44°49.310′ N., 087°21.370′ W. (6) Hammond Marina Venetian Night Fireworks Hammond, IN. All waters of Hammond Marina The first Saturday of August; 9 p.m. to 11 and Lake Michigan within the arc of a circle p.m. with a 1000-foot radius from the fireworks launch site located in position 41°41.883′ N., 087°30.717′ W. (7) North Point Marina Venetian Festival Fire- Winthrop Harbor, IL. All waters of Lake Michi- The second Saturday of August; 9 p.m. to 11 works. gan within the arc of a circle with a 1000- p.m. foot radius from the fireworks launch site lo- cated in position 42°28.917′ N., 087°47.933′ W. (8) Waterfront Festival Fireworks ...... Menominee, MI. All waters of Green Bay, in August 3; 9 p.m. to 11 p.m. the vicinity of Menominee Marina, within the arc of a circle with a 1000-foot radius from a center position at 45°06.447′ N., 087°35.991′ W. (9) Ottawa Riverfest Fireworks ...... Ottawa, IL. All waters of the Illinois River, at The first Sunday of August; 9 p.m. to 11 p.m. mile 239.7, within the arc of a circle with a 300-foot radius from the fireworks launch site located in position 41°20.483′ N., 088°51.333′ W. (10) Chicago Air and Water Show ...... Chicago, IL. All waters and adjacent shoreline August 14 thru 18; 8:30 a.m. to 5 p.m. of Lake Michigan and Chicago Harbor bounded by a line drawn from 41°55.900′ N. at the shoreline, then east to 41°55.900′ N., 087°37.200′ W., then southeast to 41°54.000′ N., 087°36.000′ W., then south- westward to the northeast corner of the Jardine Water Filtration Plant, then due west to the shore. (11) Pentwater Homecoming Fireworks ...... Pentwater, MI. All waters of Lake Michigan Saturday following the second Thursday of and the Pentwater Channel within the arc of August; 9 p.m. to 11 p.m. a circle with a 1000-foot radius from the fireworks launch site located in position 43°46.942′ N., 086°26.633′ W. (12) Chicago Match Cup Race ...... Chicago, IL. All waters of Chicago Harbor in August 6 thru 11; 8 a.m. to 8 p.m. the vicinity of Navy Pier and the Chicago Harbor break wall bounded by coordinates beginning at 41°53.617′ N., 087°35.433′ W.; then south to 41°53.400′ N., 087°35.433′ W.; then west to 41°53.400′ N., 087°35.917′ W.; then north to 41°53.617′ N., 087°35.917′ W.; then back to point of origin. (13) New Buffalo Ship and Shore Fireworks ..... New Buffalo, MI. All waters of Lake Michigan August 10; 9:30 p.m. to 11:15 p.m. and New Buffalo Harbor within the arc of a circle with a 800-foot radius from the fire- works launch site located in position 41°48.150′ N., 086°44.817′ W. (14) Sister Bay Marinafest Ski Show ...... Sister Bay, WI. All waters of Sister Bay within August 31; 1 p.m. to 3:15 p.m. an 800-foot radius of position 45°11.585′ N., 087°07.392′ W. (15) Sister Bay Marinafest Fireworks ...... Sister Bay, WI. All waters of Sister Bay within August 31; 8:15 p.m. to 10 p.m. an 800-foot radius of the launch vessel in approximate position 45°11.585′ N., 087°07.392′ W.
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TABLE 165.929—Continued
Event Location Enforcement date and time 2
(16) Vessel Launch at Marinette Marine ...... Marinette, WI. All waters of the Menominee This zone will be enforced when a vessel is River in the vicinity of Marinette Marine launched by issue of Notice of Enforcement Corporation, from the Bridge Street Bridge and Marine Broadcast. located in position 45°06.188′ N., 087°37.583′ W., then approximately .95 NM south east to a line crossing the river per- pendicularly passing through positions 45°05.881′ N., 087°36.281′ W., and 45°05.725′ N., 087°36.385′ W. (17) Fireworks Display...... Winnetka, IL. All waters of Lake Michigan Third Saturday of August; 9:15 p.m. to 10:30 within the arc of a circle with a 900-foot ra- p.m. dius from a center point barge located in approximate position 42°06.402′ N., 087°43.115′ W. (18) Algoma Shanty Days Fireworks ...... Algoma, WI. All waters of Lake Michigan and Sunday of the second complete weekend of Algoma Harbor within the arc of a circle August; 9 p.m. to 11 p.m. with a 1000-foot radius from the fireworks launch site located in a center position of 44°36.400′ N., 087°25.900′ W.
(g) September Safety Zones
(1) ISAF Nations Cup Grand Final Fireworks Sheboygan, WI. All waters of Lake Michigan September 13; 7:45 p.m. to 8:45 p.m. Display. and Sheboygan Harbor, in the vicinity of the south pier in Sheboygan Wisconsin, within a 500 foot radius from the fireworks launch site located on land in position 43°44.917′ N., 087°41.850′ W.
(h) November Safety Zones
(1) Downtown Milwaukee Fireworks ...... Milwaukee, WI. All waters of the Milwaukee The third Thursday of November; 6 p.m. to 8 River in the vicinity of the State Street p.m. Bridge within the arc of a circle with a 300- foot radius from a center point fireworks launch site in approximate position 43°02.559′ N., 087°54.749′ W. (2) Magnificent Mile Fireworks Display ...... Chicago, IL. All waters and adjacent shoreline The third weekend in November; sunset to of the Chicago River bounded by the arc of termination of display. the circle with a 210-foot radius from the fireworks launch site with its center in ap- proximate position of 41°53.350′ N., 087°37.400′ W.
(i) December Safety Zones
(1) New Years Eve Fireworks ...... Chicago, IL. All waters of Monroe Harbor and December 31; 11 p.m. to January 1 at 1 a.m. Lake Michigan within the arc of a circle with a 1000-foot radius from the fireworks launch site located on a barge in approxi- mate position 41°52.683′ N., 087°36.617′ W. 1 All coordinates listed in Table 165.929 reference Datum NAD 1983. 2 As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones are subject to change.
Dated: January 30, 2015. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. 2015–03184 Filed 2–17–15; 8:45 am] BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION submitted to the EPA as SIP revisions format of the ‘‘identification of plan’’ AGENCY on which the EPA must formally act. section in subpart AAA in accordance The SIP is a living document which with the revised format described above. 40 CFR Part 52 can be revised by the state as necessary See 70 FR 20473 (April 20, 2005). In our to address the unique air pollution 2005 final rule, we did not complete the [GU122–NBK; FRL 9923–01–Region 9] problems in the state. Therefore, the process of revising the format for the Approval and Promulgation of EPA from time to time must take action ‘‘identification of plan’’ section in that Implementation Plans; Guam on SIP revisions which may contain we did not list the nonregulatory new or revised regulations as being part provisions and quasi-regulatory AGENCY: Environmental Protection of the SIP. On May 31, 1972 (37 FR measures portion of the Guam SIP, but Agency (EPA). 10842), the EPA approved, with certain we are doing so in today’s action. exceptions, the initial SIPs for 50 states, ACTION: Final rule; notice of II. Public Comments administrative change. four territories and the District of Columbia. Since 1972, each state and The EPA has determined that today’s SUMMARY: The Environmental Protection territory has submitted numerous SIP rule falls under the ‘‘good cause’’ Agency (EPA) is completing the process revisions, either on their own initiative, exemption in section 553(b)(3)(B) of the begun in 2005 to revise the format of the or because they were required to as a Administrative Procedure Act (APA) ‘‘identification of plan’’ section in 40 result of various amendments to the that, upon finding ‘‘good cause,’’ CFR part 52 for the Guam State CAA. The EPA codifies its approvals authorizes agencies to dispense with Implementation Plan (SIP). Specifically, and disapprovals of SIPs and SIP public participation; and section the EPA is adding the nonregulatory revisions in 40 CFR part 52 (‘‘Approval 553(d)(3), which allows an agency to provisions and quasi-regulatory and promulgation of implementation make a rule effective immediately measures to the revised ‘‘identification plans’’). (thereby avoiding the 30-day delayed of plan’’ section. The nonregulatory Within 40 CFR part 52, there are 58 effective date otherwise provided for in provisions and quasi-regulatory subparts (subparts A through FFF). the APA). Today’s rule simply revises measures affected by this format Subpart A contains general provisions the codification of provisions that are revision have been previously submitted and certain requirements applicable to already in effect as a matter of law in by the Territory of Guam and approved all states and territories, while subparts Federal and approved State programs. by the EPA. B through DDD and FFF contain Under section 553 of the APA, an requirements that are specific to a given agency may find good cause where DATES: This rule is effective on February procedures are ‘‘impractical, 18, 2015. state or territory. Subpart EEE contains historical information pertaining to the unnecessary, or contrary to the public ADDRESSES: Nonregulatory and quasi- EPA’s actions on SIP material originally interest.’’ Public comment is regulatory SIP materials are available for submitted by states to the National Air ‘‘unnecessary’’ and ‘‘contrary to the inspection at Air Division, EPA Region Pollution Control Administration, public interest’’ since the codification IX, 75 Hawthorne Street, San Francisco, Department of Health Education and only reflects existing law. Immediate 94105–3901 and online at EPA Region Welfare in 1970. notice in the CFR benefits the public by IX’s Web site. Until 1997, the first or second section clearly identifying the current FOR FURTHER INFORMATION CONTACT: of each subpart within 40 CFR part 52 nonregulatory provisions and quasi- Kevin Gong, Rules Office (AIR–4), U.S. (other than subparts A and EEE) was regulatory measures of the Guam SIP. Environmental Protection Agency, called ‘‘identification of plan.’’ On May III. Statutory and Executive Order Region IX, (415) 972–3073, 22, 1997 (62 FR 27968), the EPA Reviews [email protected]. established a new format for the ‘‘identification of plan’’ sections Under Executive Order 12866 (58 FR SUPPLEMENTARY INFORMATION: assigned to each subpart in 40 CFR part 51735, October 4, 1993), this action is Throughout this document, ‘‘we,’’ ‘‘us’’ 52 (except A and EEE). With the new not a ‘‘significant regulatory action’’ and and ‘‘our’’ refer to the EPA. format, revised ‘‘identification of plan’’ therefore is not subject to review by the Table of Contents sections contain five subsections: (a) Office of Management and Budget. For Purpose and scope, (b) Incorporation by this reason, this action is also not I. Background reference, (c) EPA approved regulations, subject to Executive Order 13211, II. Public Comments (d) EPA approved source specific ‘‘Actions Concerning Regulations That III. Statutory and Executive Order Reviews permits, and (e) EPA approved Significantly Affect Energy Supply, nonregulatory provisions and quasi- Distribution, or Use’’ (66 FR 28355, May I. Background regulatory measures. ‘‘Nonregulatory 22, 2001). Because the agency has made Under the Clean Air Act (CAA or provisions and quasi-regulatory a ‘‘good cause’’ finding that this action ‘‘Act’’), each state is required to have a measures’’ refers to such items as is not subject to notice-and-comment state implementation plan (SIP) which transportation control measures, certain requirements under the Administrative contains the control measures and statutory provisions, control strategies, Procedure Act or any other statute as strategies which will be used to attain and monitoring networks. In our May indicated in the SUPPLEMENTARY and maintain the national ambient air 1997 rule, we indicated that the EPA INFORMATION (II. Public Comments) quality standards (NAAQS). The SIP is would begin to phase-in the new format section above, it is not subject to the extensive, containing such elements as on a state-by-state basis. Please see our regulatory flexibility provisions of the emission inventories, monitoring May 1997 rule for more information Regulatory Flexibility Act (5 U.S.C. 601 networks, attainment demonstrations, concerning the revised format for SIPs. et seq.), or to sections 202 and 205 of the and enforcement mechanisms. The The Guam SIP is identified in subpart Unfunded Mandates Reform Act of 1995 control measures and strategies must be AAA (‘‘Guam’’) of part 52. As with other (UMRA) (Pub. L. 104–4). In addition, formally adopted by each state after the State SIPs, the EPA has taken a number this action does not significantly or public has had an opportunity to of actions since 1972 with respect to the uniquely affect small governments or comment on them. They are then Guam SIP. In 2005, we revised the impose a significant intergovernmental
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mandate, as described in sections 203 or The Congressional Review Act, 5 interested parties the opportunity to file 204 of UMRA. U.S.C. 801 et seq., as added by the Small a petition for judicial review in the This rule also does not have tribal Business Regulatory Enforcement United States Court of Appeals for the implications because it will not have a Fairness Act of 1996, generally provides appropriate circuit within 60 days of substantial direct effect on one or more that before a rule may take effect, the such rulemaking action. Thus, the EPA Indian tribes, on the relationship agency promulgating the rule must sees no need to reopen the 60-day between the Federal Government and submit a rule report, which includes a period for filing such petitions for Indian tribes, or on the distribution of copy of the rule, to each House of the judicial review for this reformatting of power and responsibilities between the Congress and to the Comptroller General portions of the ‘‘Identification of plan’’ Federal Government and Indian tribes, of the United States. Section 808 allows section of 40 CFR 52.2670 for Guam. as specified by Executive Order 13175 the issuing agency to make a rule (65 FR 67249, November 9, 2000). This effective sooner than otherwise List of Subjects in 40 CFR Part 52 action also does not have Federalism provided by the CRA if the agency Environmental protection, Air implications because it does not have makes a good cause finding that notice pollution control, Incorporation by substantial direct effects on the States, and public procedure is impracticable, reference, Intergovernmental relations, on the relationship between the national unnecessary or contrary to the public Reporting and recordkeeping government and the States, or on the internet. Today’s action simply requirements. distribution of power and reformats the codification of provisions Dated: February 5, 2015. responsibilities among the various that are already in effect as a matter of levels of government, as specified in law in Federal and approved State Jared Blumenfeld, Executive Order 13132 (64 FR 43255, programs. 5 U.S.C. 808(2). As stated Regional Administrator, Region IX. August 10, 1999). This rule also is not previously, the EPA has made such a Part 52, Chapter I, title 40 of the Code subject to Executive Order 13045 good cause finding, including the of Federal Regulations is amended as ‘‘Protection of Children from reasons therefore, and established an follows: Environmental Health Risks and Safety effective date of February 18, 2015. The Risks’’ (62 FR 19885, April 23, 1997), EPA will submit a report containing this PART 52—APPROVAL AND because it is not an economically action and other required information to PROMULGATION OF significant regulatory action based on the U.S. Senate, the U.S. House of IMPLEMENTATION PLANS health or safety risks. Representatives, and the Comptroller This rule does not involve technical General of the United States prior to ■ 1. The authority citation for Part 52 standards; thus the requirements of publication of the rule in the Federal continues to read as follows: section 12(d) of the National Register. A major rule cannot take effect Authority: 42 U.S.C. 7401 et seq. Technology Transfer and Advancement until 60 days after it is published in the Act of 1995 (15 U.S.C. 272 note) do not Federal Register. This action is not a Subpart AAA—Guam apply. This rule also does not involve ‘‘major rule’’ as defined by 5 U.S.C. special consideration of environmental 804(2). ■ 2. Section 52.2670 is amended by justice related issues as required by The EPA has also determined that the adding paragraph (e) to read as follows: Executive Order 12898 (59 FR 7629, provisions of section 307(b)(1) of the February 16, 1994). This rule does not Clean Air Act pertaining to petitions for § 52.2670 Identification of plan. impose an information collection judicial review are not applicable to this * * * * * burden under the provisions of the action. Prior EPA rulemaking actions for (e) EPA Approved Nonregulatory Paperwork Reduction Act of 1995 (44 each individual component of the Guam Provisions and Quasi-Regulatory U.S.C. 3501 et seq.). SIP compilation had previously afforded Measures.
EPA APPROVED GUAM NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
State Name of SIP provision Applicable geographic or submittal EPA approval date Explanation nonattainment area date
Implementation Plan for Compliance With the Ambient Air Quality Standards For Territory of Guam
Section I: Public Hearing ...... State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See 40 CFR 52.2673(c)(1). Section II: Introduction ...... State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See 40 CFR 52.2673(c)(1). Section III: Legal authority ...... State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See 40 CFR 52.2673(c)(1). Section IV: Ambient air quality State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. This standards and air pollution is a narrative discussion control regulations. only. The approved regula- tions are listed in the table in 40 CFR 52.2670(c). Section V: Emission inventory State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See 40 CFR 52.2673(c)(1). Section VI: Air quality data ...... State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See 40 CFR 52.2673(c)(1). Section VII: Classification of State-wide ...... 1/25/1972 5/31/1972, 37 FR 10842 ...... Included as part of the original Region. SIP. See 40 CFR 52.2673(b). Section VIII: Control Strategy
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EPA APPROVED GUAM NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued
State Name of SIP provision Applicable geographic or submittal EPA approval date Explanation nonattainment area date
Subsection A (Control State-wide ...... 1/25/1972 5/31/1972, 37 FR 10842 ...... Included as part of the original Strategy for Sulfur Ox- SIP. See 40 CFR ides). 52.2673(b). Territory of Guam NAP for Piti Nonattainment Area ...... 6/30/1982 5/15/1984, 49 FR 20495 ...... Narrative and Control Strategy SO2. portion of the Piti nonattain- ment plan, Addendum B, ‘‘Preliminary Results of SO2 Dispersion Modeling;’’ and ‘‘Official Report of Public Hearing.’’ The remaining portions of the addenda are for informational purposes only. See 40 CFR 52.2673(c)(5). Subsection B (Control State-wide ...... 1/25/1972 5/31/1972, 37 FR 10842 ...... Included as part of the original Strategy for Particulate SIP. See 40 CFR Matter). 52.2673(b). Subsection B of Section VIII (Control Strate- gies), as submitted on Au- gust 14, 1973, was erro- neously listed as approved in 40 CFR 52.2670(c)(1), now designated at 40 CFR 52.2673(c)(1). See list of disapproval actions at 43 FR 59066 (December 19, 1978) Subsection C (SET II Pol- State-wide ...... 8/14/1973 12/19/1978, 43 FR 59066 ...... Revision to original SIP. See lutants—Carbon Mon- 40 CFR 52.2673(c)(1). oxide, Hydrocarbons, Photochemical Oxidants, and Nitrogen Dioxide). Letter from Paul H. Calvo, State-wide ...... 11/24/1982 8/14/1985 50 FR 32697 ...... Negative declaration indicating Guam EPA, to Kathleen no Lead Sources in Guam. M. Bennett, EPA, dated See 40 CFR 52.2673(c)(6). November 24, 1982. Section IX: Complex sources .. State-wide ...... 8/14/1973 2/25/1974, 39 FR 7285 ...... Revision to original SIP. See 40 CFR 52.2673(c)(1). Section X: Air quality surveil- State-wide ...... 5/22/1984 1/22/1985, 50 FR 2820 ...... Superseded previous version lance network. of Section 10 approved at October 19, 1978 (43 FR 48638). See 40 CFR 52.2673(c)(5). Section XI: Emergency Epi- State-wide ...... 1/25/1972 5/31/1972, 37 FR 10842 ...... Included as part of the original sode System. SIP. See 40 CFR 52.2673(b). Section XI: Source surveillance State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See system. 40 CFR 52.2673(c)(1). Section XIII: Review of New State-wide ...... 1/25/1972 5/31/1972, 37 FR 10842 ...... Included as part of the original Source and Modifications. SIP. See 40 CFR 52.2673(b). Section XIII: Compliance State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See Schedule. 40 CFR 52.2673(c)(1). Section XV. Resources ...... State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See 40 CFR 52.2673(c)(1). Section XVI: Intergovernmental State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See cooperation. 40 CFR 52.2673(c)(1). Appendix A: Notice and min- State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See utes of public hearing. 40 CFR 52.2673(c)(1). Appendix C: Public Law 11– State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. En- 191. acted on December 7, 1972. Titled, ‘‘Guam Envi- ronmental Protection Agen- cy Act.’’ See 40 CFR 52.2673(c)(1). Appendix F: Summary of air State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See quality data. 40 CFR 52.2673(c)(1). Appendix G: Steam power State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See plant parameters. 40 CFR 52.2673(c)(1).
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EPA APPROVED GUAM NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued
State Name of SIP provision Applicable geographic or submittal EPA approval date Explanation nonattainment area date
Appendix H: Diffusion model State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See computer printout. 40 CFR 52.2673(c)(1). Appendix J: Minutes and let- State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See ters of public hearing on 40 CFR 52.2673(c)(1). compliance schedules. Appendix K: Inventory data for State-wide ...... 8/14/1973 10/19/1978, 43 FR 48638 ...... Revision to original SIP. See 1973. 40 CFR 52.2673(c)(1).
[FR Doc. 2015–03178 Filed 2–17–15; 8:45 am] warranted to its 2012 approval of the 1. Application of MRYS BACT to LOS Unit BILLING CODE 6560–50–P NOX BART limits for these units. 2 2. Application of MRYS BACT to Coyote DATES: This final action is effective D. Comments on Visibility Benefits March 20, 2015. ENVIRONMENTAL PROTECTION E. Comments on Legal Issues 1. BACT versus BART Determinations AGENCY ADDRESSES: EPA has established a docket for this action under Docket ID 2. Consideration of the Presumptive NOX BART Emissions Limit 40 CFR Part 52 No. EPA–R08–OAR–2010–0406. All 3. Collateral Estoppel documents in the docket are listed in [EPA–R08–OAR–2010–0406; FRL–9922–80– 4. EPA versus State Authority OAR] the http://www.regulations.gov index. 5. Scope of Reconsideration Action Although listed in the index, some F. Comments Generally in Favor of Our Approval and Promulgation of information is not publicly available, Proposal Implementation Plans; North Dakota; e.g., Confidential Business Information G. Comments Generally Against Our Regional Haze State Implementation (CBI) or other information whose Proposal Plan; Federal Implementation Plan for disclosure is restricted by statute. IV. Statutory and Executive Order Reviews Interstate Transport of Pollution Certain other material, such as Definitions copyrighted material, is not placed on Affecting Visibility and Regional Haze; For the purpose of this document, we Reconsideration the Internet and will be publicly available only in hard-copy form. are giving meaning to certain words or AGENCY: Environmental Protection Publicly available docket materials are initials as follows: • The word Act or initials CAA mean Agency. available either electronically through or refer to the Clean Air Act, unless the ACTION: Notice of final action on http://www.regulations.gov or in hard reconsideration. context indicates otherwise. copy at the Air Program, Environmental • The initials ASOFA mean or refer to Protection Agency (EPA), Region 8, SUMMARY: On April 6, 2012, advanced separated overfire air. 1595 Wynkoop St., Denver, Colorado Environmental Protection Agency (EPA) • The initials BACT mean or refer to 80202–1129. EPA requests that if at all published a final rule partially best available control technology. possible, you contact the individual approving and partially disapproving a • The initials BART mean or refer to listed in the FOR FURTHER INFORMATION North Dakota State Implementation Plan best available retrofit technology. CONTACT section to view the hard copy • (SIP) submittal addressing regional haze The initials EPA or the words we, of the docket. You may view the hard submitted by the Governor of North us or our mean or refer to the United copy of the docket Monday through Dakota on March 3, 2010, along with States Environmental Protection Friday, 8:00 a.m. to 4:00 p.m., excluding North Dakota’s SIP Supplement No. 1 Agency. federal holidays. • submitted on July 27, 2010, and SIP The initials FIP mean or refer to FOR FURTHER INFORMATION CONTACT: Gail Federal Implementation Plan. Amendment No. 1 submitted on July 28, • 2011. The Administrator subsequently Fallon, Air Program, U.S. The initials LOS mean or refer to received a petition requesting EPA to Environmental Protection Agency, Leland Olds Station. • The initials MRYS mean or refer to reconsider its approval of certain Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado, Milton R. Young Station. elements of North Dakota’s regional • The initials NDDH mean or refer to haze SIP. Specifically, the petition 80202–1129, (303) 312–6281, [email protected]. the North Dakota Department of Health. raised several objections to EPA’s • The words North Dakota and State approval of the State’s best available SUPPLEMENTARY INFORMATION: mean the State of North Dakota unless retrofit technology (BART) emission Table of Contents the context indicates otherwise. limits for nitrogen oxides (NOX) for • The initials NOX mean or refer to Milton R. Young Station (MRYS) Units I. Background nitrogen oxides. 1 and 2 and Leland Olds Station (LOS) II. Today’s Action • The initials NPS mean or refer to Unit 2. On March 15, 2013, EPA A. Issue for Which Reconsideration Was the National Park Service. announced its decision to reconsider its Granted • The initials NSR mean or refer to B. Basis for Today’s Final Action approval of the State’s NOX BART limits new source review. for these facilities. In the same action, III. Issues Raised by Commenters and EPA’s • Responses The initials PRB mean or refer to EPA proposed to affirm its prior the Powder River Basin. A. Comments on Technical Feasibility of • approval of these elements of North SCR The initials PSD mean or refer to Dakota’s SIP. As a result of this B. Comments on Emission Limits for SNCR prevention of signification deterioration. reconsideration process, EPA has C. Comments on Application of MRYS • The initials SCR mean or refer to concluded that no changes are BACT Court Ruling to Other Units selective catalytic reduction.
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• The initials SIP mean or refer to District Court decision 2 during the II. Today’s Action State Implementation Plan. comment period because of the timing A. Issue for Which Reconsideration Was • The initials SNCR mean or refer to of that decision, and that their Granted selective non-catalytic reduction. objections are of central relevance to • The initials TIFI mean or refer to EPA’s final rule because EPA relied on EPA granted the petition to reconsider targeted in-furnace injection. the district court decision in explaining our approval of the State’s NOX BART the basis for its final rule. emission limits for MRYS Units 1 and I. Background 2 and LOS Unit 2. After reconsideration Issues raised in the other two On April 6, 2012, EPA published a of these matters, we are finalizing our final rule partially approving and petitions for reconsideration from North approval of the emission limits. We did partially disapproving a North Dakota Dakota and Great River Energy were not reconsider or request comment on SIP submittal addressing regional haze addressed in a decision on the parallel any other provisions of our final rule submitted by the Governor of North lawsuits issued by the United States issued on April 6, 2012, in which we Dakota on March 3, 2010, along with Court of Appeals for the Eighth Circuit partially approved and partially 3 North Dakota’s SIP Supplement No. 1 on September 23, 2013. The court set disapproved the North Dakota regional submitted on July 27, 2010, and SIP aside the issues raised in the haze SIP. Amendment No. 1 submitted on July 28, Earthjustice lawsuit, pending EPA’s B. Basis for Today’s Final Action 2011.1 77 FR 20894. We gave the history action on the June 2012 petition for of the North Dakota regional haze reconsideration. We have fully considered all rulemaking process that preceded We requested comments on our significant comments on our proposal today’s final action in the April 6, 2012 March 15, 2013 proposed and have concluded that no changes rule. 77 FR at 20895–20897. Following reconsideration and provided a two- from our proposal are warranted. Our our April 6, 2012 final rule, the month comment period, which closed action is based on an evaluation of Administrator received petitions for on May 14, 2013. At the request of the North Dakota’s SIP submittals against reconsideration from North Dakota, North Dakota Department of Health the regional haze requirements at 40 Great River Energy (the owner of Coal (NDDH), we provided a public hearing CFR 51.300–51.309 and Clean Air Act Creek Station), and Earthjustice on on May 15, 2013. To allow for a full 30- (CAA) sections 169A and 169B. All behalf of environmental groups. Parallel day public comment period for the general SIP requirements contained in lawsuits were also filed by these parties. submission of additional comments CAA section 110, other provisions of the On March 15, 2013, EPA published a following the public hearing, we CAA, and our regulations applicable to notice of proposed rulemaking initiating extended the comment period to June this action were also evaluated. The the reconsideration of our approval of 17, 2013. purpose of this action is to ensure the State’s NO BART determination compliance with these requirements. X We received a significant number of and limits for MRYS Units 1 and 2 and Our authority for action on North LOS Unit 2. In that notice, we proposed comments on our proposed Dakota’s SIP submittals is based on CAA to affirm our prior approval of the reconsideration action. Many section 110(k). determination and limits. We did not comments, primarily from state and city As discussed in our rationale for our grant reconsideration of, or request agencies, rural power cooperatives, and proposed decision to affirm our prior comment on, any other provisions of the industrial facilities and groups, approval, two critical principles from final rule. supported our proposed affirmation of our BART Guidelines are relevant to Our action was prompted by a June 4, our approval of the State’s this situation. See 78 FR at 16454– 2012 petition for reconsideration determinations for the units in question. 16455. The first is that as part of a BART submitted by Earthjustice on behalf of Many comments from citizens and analysis, states may eliminate the National Parks Conservation environmental groups were critical of technically infeasible control options Association and the Sierra Club. The our proposed action. from further review. The second is that petition requested that EPA reconsider In this action, we are responding to states generally may rely on a recent its approval of the State’s NOX BART the timely comments we have received, best available control technology determinations for MRYS Units 1 and 2 taking final action on our (BACT) determination for a source for and LOS Unit 2. The petition asserted reconsideration, and explaining the purposes of determining BART for that that the environmental groups were bases for our action. We did not source.4 Considered in light of the facts unable to raise their objections to EPA’s consider and are not responding to any of this matter, those principles support reliance on a December 21, 2011 U.S. comments received after the close of the our decision to affirm our prior extended comment period on June 17, approval. 1 Although in the April 6, 2012 final rule we 2013. Our March 15, 2013 proposed rule Our BART Guidelines indicate that characterized our action as being an approval of provides additional background states may generally consider recent part of SIP Amendment No. 1, on further review BACT determinations to be BART EPA’s position is that we acted on the entirety of information on the December 21, 2011 SIP Amendment No. 1 in our April 2012 final rule. district court decision and on our without further analysis. Here, as This submittal included regional haze plan rationale for this reconsideration. revisions for Coyote Station, additions to SIP 4 Among other things, EPA’s BART Guidelines, Appendix C.4 for MRYS, and documentation codified at 40 CFR part 51, appendix Y, describe a pertaining to the State’s public participation 2 United States v. Minnkota Power Cooperative, set of steps for determining BART. CAA section process and consultation with the Federal Land Inc., 831 F. Supp. 2d 1109 (D.N.D. 2012). 169A(b)(2) requires that BART be determined Managers. The materials that North Dakota 3 North Dakota v. EPA, 730 F.3d 750 (8th Cir. pursuant to the BART Guidelines for power plants submitted for incorporation into Appendix C.4 2013), cert. denied, 134 S. Ct. 2662 (2014). The with a total generating capacity over 750 megawatts. constitute supporting documentation relevant to its court’s ruling mostly upheld EPA’s final decisions, With respect to other BART sources, the BART NOX BACT determination for MRYS and related including our disapproval for Coal Creek Station, Guidelines reflect EPA’s interpretations regarding litigation. Therefore, EPA took the only appropriate but vacated our Coal Creek Federal Implementation certain key principles related to BART, including action on Appendix C.4: to incorporate the Plan (FIP) on the grounds that we failed to consider the two principles described in the text. For provided information as supporting documentation existing controls. EPA remains obligated to reference, the generating capacities for MRYS and relevant to the State’s NOX BART determinations promulgate a FIP or approve a SIP revision for Coal LOS are 794 megawatts and 656 megawatts, for MRYS and LOS. Creek. respectively.
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discussed below in more detail, the that EPA had not shown that North experience with SCR at the Texas plants State’s BART determinations were Dakota’s determination was at the time of North Dakota’s BACT developed at approximately the same unreasonable. Because the criteria for determination for MRYS, the time as its BACT determination for one determining the technical feasibility of commenters note that the technology of the facilities, a decision which was a control technology are essentially has now been in operation for about upheld by a U.S. district court. Based on identical for both BART and BACT, as three years at the Texas plants, these facts, we consider it appropriate to discussed in our prior final rule at 77 FR exceeding the catalyst’s guaranteed approve the State’s selection of selective 20897, we consider it appropriate to lifetime. The Texas plants’ catalyst was non-catalytic reduction (SNCR) plus take the federal district court’s ruling on supplied by Johnson Matthey Catalysts, advanced separated overfire air that BACT determination into account the same company that (after the State’s (ASOFA) controls as BART at MRYS in our assessment of North Dakota’s BART determination) offered to Units 1 and 2 and LOS Unit 2.5 As we regional haze SIP. guarantee SCR on North Dakota lignite noted in our proposal, evaluations of In our review of a BART with standard industry performance and technical feasibility often change over determination in a regional haze SIP, lifetime catalyst guarantees.7 time. In the future, North Dakota may EPA’s task is to determine whether the Commenters point to EPA’s BART reach a different conclusion about the State acted reasonably and in Guidelines to assert that ‘‘technical technical feasibility of selective catalytic accordance with the requirements of the feasibility changes over time as reduction (SCR) controls at these plants CAA and our regulations. We have technologies evolve,’’ and that EPA as part of, for example, a reasonable accordingly reviewed North Dakota’s therefore cannot rely on the Minnkota progress analysis. The regional haze SIP based on the record before the State Power decision given more recent program requires additional reasonable at the time of its decision to determine technological developments. progress reviews every ten years to whether it acted reasonably in Response: We do not agree that EPA ensure that states make progress toward concluding that SCR is technically should take these recent developments the visibility goal of the CAA.6 infeasible for MRYS and LOS. As noted into account at this late date. In this Therefore, we expect that North Dakota above, the December 21, 2011 Minnkota matter the BACT and BART will reassess the technical feasibility of Power ruling suggests that North Dakota determinations by the state occurred SCR controls at these plants as part of was not clearly unreasonable in relatively close to each other in time: a future reasonable progress analysis. deciding that SCR could not be used on North Dakota’s regional haze public these units. This decision, along with comment period closed in January 2010, III. Issues Raised by Commenters and the discussion in the BART Guidelines while the BACT determination was EPA’s Responses indicating that technically infeasible finalized in November 2010, and North A. Comments on Technical Feasibility options may be eliminated and that Dakota’s public comment period on its of SCR states may generally rely on recent SIP Amendment No. 1 ended on March BACT determinations in making their 12, 2011. Therefore, the State could We received numerous comments on BART decisions, forms the basis for our our proposal regarding the technical reasonably assert that at the time of its approval of North Dakota’s BART BART determination, no material new feasibility of SCR for cyclone boilers determinations for these two facilities. burning North Dakota lignite. Many of technologies would have arisen since its Were EPA making the BART BACT determination. Similarly, our the comments supported the conclusion determination in the absence of the that SCR is technically feasible for these review of the BART determination was factors present here, we would not made at close to the same time that the types of boilers. Regardless of EPA’s eliminate SCR from consideration based position regarding the technical district court reached its decision, on on technical infeasibility. Given the much the same record. And while (as feasibility of SCR for the units in basis for our decision, however, we do question, the Minnkota Power court’s noted elsewhere in this notice) we do not consider comments regarding the not view the Minnkota Power decision ruling in our challenge to the State’s technical feasibility of SCR to be BACT determination suggests that this as binding or determinative, we do view relevant to our decision regarding the it as relevant to our consideration of this is an issue on which reasonable minds reasonableness of North Dakota’s BART may differ. Based on the terms of an matter. determination. Therefore, we generally It is true that the EPA generally has April 24, 2006 consent decree settling are not summarizing or responding to discretion, in its CAA rulemaking an enforcement case for MRYS, if EPA these comments. However, we are decisions, to take advantage of the disagreed with the State’s BACT responding to comments that may be greater knowledge that may result from determination, EPA had the burden of relevant to other aspects of this action. receiving additional information. See demonstrating to the court that North Comment: Environmental groups Michigan v. Thomas, 805 F.2d 176, 185 Dakota’s BACT determination was commented that EPA should consider (6th Cir. 1986) (‘‘At no time should an unreasonable. EPA did disagree with SCR’s technical feasibility in light of agency be estopped from using its North Dakota’s BACT determination and more recent developments such as the increased expertise.’’). But EPA also has challenged that determination in federal Electric Power Research Institute’s the legal responsibility to complete CAA district court. In its December 21, 2011 (EPRI) research and operating actions without unreasonable delay. See decision, however, the court concluded experience gained with Texas lignite. CAA section 304(a). Here, the The EPRI research described by the developments cited by the commenters 5 The associated BART limits are 0.36 lb/MMBtu commenters relates to work simulating occurred after the state’s BACT and for MRYS Unit 1, 0.35 lb/MMBtu for MRYS Unit catalyst fouling using chemical kinetic 2, and 0.35 lb/MMBtu for LOS Unit 2, on a 30-day regional haze decision processes, and rolling average basis. The SIP contains separate modeling. Preliminary results from this for the most part after the Minnkota limits for MRYS Units 1 and 2 during startup of research were presented at conferences decision as well. As a general matter, 2070.1 and 3995.6 pounds per hour, respectively, in 2012 and 2013. The commenters also the Agency does not consider it on a 24-hour rolling average basis. See SIP section noted that SCR has been successfully 7.4.2, p. 74. 6 See 40 CFR 51.308(f) requirements for used at Oak Grove Units 1 and 2 and 7 February 27, 2012 letter from Ken Jeffers, comprehensive periodic revisions of Sandow Unit 4, which burn Texas Johnson Matthey to Callie Videtich, EPA Region 8. implementation plans for regional haze. lignite. While there was very little See docket EPA–R08–OAR–2010–0406–0322.
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appropriate to perpetually restart the Mathey offer is interesting, it is hardly In-Furnace Injection (TIFI) technology, BART rulemaking process to consider decisive. Considering the abundance of respectively, allow these units to late-breaking technological information that was already in the achieve emission limits much lower developments, or else we would seldom BACT record in December 2011, it is than the BART emission limit be able to finalize an action. unlikely that the court would have previously approved by EPA. The Accordingly, under the facts present reached a different conclusion based commenters also suggested that here, and in light of the district court’s only on the addition of the Johnson PerNOxide 11 and hybrid SCR–SNCR are Minnkota decision, in our judgment Matthey offer, particularly in light of the other feasible technology options that there is no need to alter our decision in fact that two other equally reputable should be considered to improve on the light of these recent developments. vendors would not provide guarantees. performance of NOX emissions controls Comment: Commenters stated that As noted in our BART Guidelines, ‘‘we at MRYS and LOS. Commenters assert EPA should consider a performance do not consider a vendor guarantee that if EPA had a valid basis for guarantee for SCR catalysts on units alone to be sufficient justification that a rejecting conventional SCR as BART, it burning North Dakota lignite provided control option will work.’’ Id. 40 CFR would have to consider the emission by Johnson Matthey Catalysts, LLC. part 51, appendix Y, section IV.D, reductions that SNCR can achieve in Commenters argued that since the step 2. conjunction with other cost-effective district court relied heavily on the Accordingly, based on the unique controls. absence of vendor guarantees in circumstances here, and taking into Response: CyClean and TIFI were not upholding the State’s determination of consideration the district court’s identified as technically feasible NOX technical infeasibility, EPA cannot rely decision, we are affirming our approval control options in the State’s SIP. Nor on the court’s reasoning since a of the State’s MRYS and LOS BART were they the subject of comments guarantee is now available. decisions, which are based on a recent during EPA’s review, and ultimate Response: Regardless of EPA’s BACT decision. In finalizing our approval, of the BART determinations position on the technical feasibility of approval, we note that North Dakota for MRYS and LOS. As detailed above SCR for MRYS Units 1 and 2 and LOS provided an explanation for its in response to another comment, EPA is Unit 2, we acknowledge that throughout conclusions that a federal court found assessing the reasonableness of the the development of the BACT and reasonable. We will continue to foster State’s determination based on the BART determinations for these units, efforts among the interested parties for record before the State at the time. other parties contested the feasibility of additional testing to resolve any Accordingly, we do not find that a SCR on these high-temperature cyclone outstanding uncertainty regarding the review of these technologies is boiler units burning high-sodium North feasibility of SCR technology for these appropriate for this reconsideration Dakota lignite. The State gave great units. In a December 20, 2011 letter,10 action. Moreover, we note that these weight to the fact that it did not receive North Dakota expressed openness to technologies are intended primarily to any catalyst vendor guarantees. As continuing discussions with EPA provide operational benefits, such as noted by commenters on our concerning further testing and improved efficiency and reduced reconsideration action, however, no evaluation of SCR technology involving slagging and fouling, and that NO catalyst vendors have stated that SCR X North Dakota lignite coal. Such testing emissions reductions are only would be technically infeasible at these in the field would analyze the technical sometimes a co-benefit of these units,8 and one (Johnson Matthey feasibility of SCR for North Dakota operational changes. In particular, there Catalysts, LLC) would offer ‘‘SCR lignite at these cyclone units in a low- is some question whether CyClean at catalyst designs with reasonable dust or tail-end configuration. The MRYS is consistently effective in operating lifetime performance existing installation of SNCR should not reducing NOx emissions.12 guarantees for service in a low-dust or preclude such efforts. We acknowledge Furthermore, as the commenters point tail-end SCR configuration’’ 9 absent that in a subsequent letter on July 18, out, PerNOxide was not commercially additional field testing. Most of this 2014, North Dakota stated that based on available at the time of the BACT or information, with the exception of the the Minnkota Power ruling it no longer BART determinations. It would Johnson Matthey offer, was in the BACT believes testing is a reasonable therefore not be reasonable for EPA to record and thus was before the court at approach. However, technological now disapprove the SIP in this the time of the December 21, 2011 court advances elsewhere may yet provide reconsideration on the basis that the decision. And while the Johnson compelling information to drive further State did not select the PerNOxide testing on North Dakota lignite or negate technology. It may, however, be 8 Two companies, Haldor Topsoe, Inc. and the need for such testing. As noted appropriate for North Dakota to consider CERAM Environmental, Inc. would require pilot- above, we expect that North Dakota will scale testing in order to offer any guarantee this technology in the next planning regarding SCR catalyst life. See SIP Appendix C.4 reassess the technical feasibility of SCR period as a reasonable progress measure. (EPA–R08–OAR–2010–0406–0013, pdf pp. 388 and controls at these plants as part of a Regarding hybrid SCR–SNCR, this p. 392), January 13, 2010 letter from Wayne Jones future reasonable progress analysis. to Robert Blakley, and January 13, 2010 email from technology too was not previously Noel Rosha, CERAM to Robert Blakley. Another B. Comments on Emission Limits for vendor, Alstom Power, stated that despite many SNCR 11 PerNOxide is a technology involving a two-step challenges a properly designed system fueled by process. Hydrogen peroxide is injected between the North Dakota lignite could employ SCR. See SIP Comment: Commenters stated that economizer and air preheater to oxidize nitrogen Appendix C.4 (EPA–R08–OAR–2010–0406–0011, MRYS and LOS can achieve more oxide in flue gas to nitrogen dioxide and higher- pdf p. 159), May 30, 2007 letter from Michael G. stringent emission limits with SNCR order oxides. These oxides are then removed in Phillips, Alstom, to Robert Blakley, Burns and downstream wet scrubbers, such as those installed McDonnell. In our view this statement was so and ASOFA than those approved by on MRYS and LOS. See docket EPA–R08–OAR– overlaid with conditions and qualifications that it EPA. The commenters assert that, in 2010–0406–0415, attachment 3, Technical was not unreasonable for the State to choose not to combination with SNCR and ASOFA, Comments of Bill Powers, P.E. 2013–06–17, p. 30. rely on it. technologies currently in use at MRYS 12 Prairie Public News, Minnkota says new 9 The Johnson Matthey offer came after the close method of reducing emissions ‘promising,’ Dave of the State’s comment period and thus was not and LOS, namely CyClean and Targeted Thompson, August 12, 2013. http:// available to the State when it made its BACT and news.prairiepublic.org/post/minnkota-says-new- BART decisions. 10 See docket EPA–R08–OAR–2010–0406–0364. method-reducing-emissions-promising.
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identified, and so its review is not located within about 40 miles of one TIFI may affect the amount of catalyst appropriate for this reconsideration another and produce lignite coals of poisons in the ash, or any other action. Even so, there is no evidence similar quality. parameter, that relates to SCR that the technical feasibility of hybrid Regarding catalyst poisons, the feasibility. SCR–SNCR in relation to catalyst commenters cited average amounts of In short, the commenters have not poisons would be any greater than that sodium and potassium oxides in the identified any critical differences of conventional SCR. This is MRYS ash of 5.6% and 1.0%, between the coal fired at LOS and that particularly true because in the hybrid respectively.13 Similarly, the fired at MRYS as it pertains to the system, in order to take advantage of the commenters cited average amounts of technical feasibility of SCR as assessed ammonia slip from the SNCR, the in- sodium and potassium oxides in the by the State. To the extent that duct SCR is located in the high-dust LOS ash of 2.94% and 0.73%, differences do exist, the commenters position, where it is most vulnerable to respectively.14 However, the sodium have not shown that these differences catalyst poisoning. We also note that the and potassium oxides amounts in the are extensive enough to alter the installation of the SCR–SNCR LOS ash given in the State’s SIP, 7.55% assessment of SCR feasibility at LOS. If, technology is rare, and we are not aware and 1.20%, respectively,15 are higher as found by the district court, it was of any cyclone boilers that are currently than that suggested by the commenters, reasonable for the State to conclude that employing this technology. and even higher than that for MRYS, catalyst poisons in the ash at MRYS thus undermining the commenters’ cause SCR to be technically infeasible, C. Comments on Application of MRYS argument that there is a critical then undoubtedly the same reasoning BACT Court Ruling to Other Units difference in the amount of catalyst extends to LOS, where the State’s SIP 1. Application of MRYS BACT to LOS poisons involved. record indicates that even higher Unit 2 On the matter of the ability of LOS to amounts of poisons were present. co-fire PRB sub-bituminous coal, though Comment: Commenters argued that PRB coal does contain lesser amounts of 2. Application of MRYS BACT to Coyote the BACT limits for MRYS units should catalyst poisons, there is no evidence Comment: One commenter stated that not apply to LOS Unit 2. The that it has been, or will be, fired in EPA should conduct additional commenters highlighted their quantities significant enough to alter evaluation of NOX emissions for Coyote disagreement with EPA’s position as North Dakota’s determination of the Station. The commenter noted that stated in the final rule, ‘‘it [LOS] is the feasibility of SCR at LOS. As noted in because Coyote is equipped with a lime same type of boiler burning North comments submitted by NDDH, the spray dryer and fabric filter, even fewer Dakota lignite coal [as MRYS], and amount of PRB coal fired at LOS fine aerosol particles, including sodium North Dakota’s views regarding averaged 11.3% between 2003 and 2012, fumes, would be emitted into a potential technical infeasibility that the U.S. with a minimum of 6.5% in 2004 and tail-end SCR, and the potential for district court upheld in the MRYS a maximum of 16.5% in 2005. These catalyst poisoning would be even less BACT case apply to it as well.’’ 78 FR levels of PRB coal would only than for LOS and MRYS. The 16455. The commenters contended that marginally lower the amount of catalyst commenter argued that EPA based its EPA cannot rely on the BACT poisons in the fuel fired at LOS. Also, conclusion in favor of approving the determination for MRYS to determine when considering this ten-year history, State’s selection of only SNCR for BART for LOS Unit 2 given critical there is no indication that the Coyote on the incorrect premise that differences between the two facilities. percentage of PRB coal burned at LOS Coyote is so similar to LOS and MRYS The commenters claimed that these is trending upward. Indeed, the highest that the BACT decision for MRYS critical differences include the facts that proportion of PRB coal burned at LOS supersedes a determination of what LOS Unit 2 co-fires Powder River Basin occurred in 2005. In addition, because appropriate controls would be under the (PRB) coal and lignite coal with lesser MRYS and LOS are of similar design, reasonable progress provisions of the amounts of alleged SCR catalyst there is no reason to conclude that the regional haze rule. poisons; has been increasing the amount ability to co-fire PRB coal is wholly Response: This comment is outside of PRB coal that it fires over time; can unique to LOS. That is, the ability of the scope of this reconsideration action, be modified to fire even greater LOS to burn PRB coal does not present as it pertains to a facility other than quantities of PRB coal, up to 100%, a critical difference between the units. MRYS or LOS. completely eliminating the lignite fuel Finally, the commenters have not quality claims; and, unlike MRYS, is established how the application of TIFI D. Comments on Visibility Benefits equipped with TIFI to reduce slagging is pertinent in relation to SCR Comment: We received several and NOX emissions. feasibility. The commenters do not comments discussing the greater Response: EPA disagrees that there present any evidence regarding how visibility benefit of SCR compared to are critical differences between the units SNCR and asserting that this justified in question at MRYS and LOS that 13 North Dakota Department of Health, disapproving the State’s BART would have a material bearing on the Preliminary Best Available Control Technology determinations for SNCR at MRYS Units Determination for Control of Nitrogen Oxides for technical feasibility of SCR. These units M.R. Young Station Units 1 and 2, Table 1, page 18, 1 and 2 and LOS Unit 2. have much in common. They are of the June 2008, SIP Amendment No. 1. See docket EPA– Response: As noted in other same design (cyclone firing) and similar R08–OAR–2010–0406–0039. responses, technical comments size (in particular, MRYS Unit 2 at 517 14 Les Allery et al., Demonstrated Performance addressing the merits of SCR over SNCR MW and LOS Unit 2 at 440 MW). MRYS Improvements on Large Lignite-Fired Boiler with are essentially irrelevant since we are Targeted In-Furnace Injection Technology at 7, and LOS both burn primarily North presented at COAL–GEN 2010, Aug. 10–12, 2010, basing our decision on the fact that the Dakota lignite coal, which produces ash Pittsburg, PA, available at http://www.ftek.com/ State’s BART determination is high in catalyst poisons (principally, media/en-US/pdfs/TPP-592.pdf. See docket EPA– supported by its BACT determination sodium and potassium oxides). While R08–OAR–2010–0406–0419, attachment 6. for MRYS, and on our view that it is 15 SIP, Appendix C.1, BART Determination Study MRYS burns lignite coal from the Center for Leland Olds Station Unit 1 and 2, Basin Electric appropriate to consider a federal court’s Mine, and LOS burns lignite coal from Power Cooperative, Final Draft, Table 1.2–2—Coal ruling on our challenge to the State’s the Freedom Mine, these mines are Parameters, p. 8. BACT determination. We nonetheless
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agree with commenters that SCR is a the BART Guidelines, we do not reach addition to the information the State more effective control technology for the issue of visibility impacts. submitted in SIP Amendment No. 1 and achieving visibility benefit, and we also the State’s comments on our E. Comments on Legal Issues acknowledge that in conducting reconsideration action, we view the modeling according to its visibility 1. BACT Versus BART Determinations State’s BART determinations as a modeling protocol, North Dakota Comment: One commenter supporting rejection of SCR on grounds of technical considered the visibility benefit of SCR our proposal stated that it would be feasibility rather than low visibility in an incorrect manner.16 However, as incongruous to make BART more benefits. Accordingly, the visibility clarified by the State’s comments stringent than BACT at the same facility. factor in the BART analysis does not 19 submitted for this reconsideration The commenter went on to assert that affect the outcome here. action,17 the State’s BART the procedures set forth in the New Comment: One commenter noted that determination was based on its recent Source Review (NSR) Manual and BART the BART Guidelines do not BACT decision for MRYS and its Guidelines result in BART automatically authorize reliance on a conclusions that SCR is not technically determinations that are less stringent BACT limit. The commenter stated that feasible due to unique design than BACT. The commenter noted that where there is any indication that the characteristics at these units. The State unlike the NSR Manual, the BART BACT limit is outdated or does not rejected SCR on technical feasibility Guidelines do not call for a top-down reflect the best available controls, it grounds rather than on the degree of analysis. Therefore, according to the cannot substitute for BART. It is visibility improvement, making North commenter, in its BART analysis North uncontested that SCR has the highest Dakota’s erroneous visibility benefit Dakota is not required to select the most control efficiency of all control options. analysis irrelevant. In any case, because effective control technology that has not Thus, the commenter argued that SCR is technically infeasible control options been eliminated. Instead, North Dakota indisputably the best, most stringent are eliminated from further analysis in has ‘‘discretion to determine the order control, and EPA cannot settle for less the BART determination process, any in which [it] should evaluate control under the CAA or the implementing consideration of the visibility benefits of options for BART,’’ and must provide a BART Guidelines. SCR is precluded. justification for the technology it selects Response: As discussed previously, as ‘‘best.’’ 40 CFR 51, appendix Y, EPA agrees that BART analyses should Comment: The National Park Service not rely on outdated determinations (NPS) noted that EPA only discussed section IV.E.2. The commenter believes that because North Dakota has reached under other CAA standards, but visibility impacts and improvements at we also do not consider it appropriate Theodore Roosevelt National Park discretion to select something other than the technology that achieves the to perpetually restart the BART (North Dakota) in the BART analyses rulemaking process to consider late- and should have also included two greatest reduction in emissions, and can forego a control technology based on a breaking technological developments. other Class I areas, Medicine Lake Here, the State could reasonably assert Wilderness (Montana) and Lostwood lack of visibility improvement, BART controls are less stringent than BACT that at the time of its BART Wilderness Area (North Dakota), as determination, no material new these areas are also within 300 km of controls. Another commenter challenging our technologies would have arisen since its MRYS and LOS. The NPS stated that it proposal stated that a BACT decision, BACT determination. In light of the was impossible to determine whether or which does not consider the degree of Minnkota Power court’s finding that the how EPA considered impacts at the visibility improvement, cannot state reached a reasonable conclusion, other two Class I areas, and that it is substitute for BART. the Agency does not believe it appropriate to consider both the degree Response: We acknowledge that in appropriate to disregard the BACT of visibility improvement in a given many instances BACT determinations determination and require SCR. Class I area as well as the cumulative will be more stringent than BART Comment: One commenter argued effects of improving visibility across all determinations, or identical to them. that the court never addressed the of the Class I areas affected. The NPS However, there are exceptions. First, the question of whether EPA’s own BACT also noted that EPA did not mention the timing of the determinations, analysis was itself reasonable, let alone visibility impacts at Medicine Lake in particularly in regard to when a control more persuasive than North Dakota’s either the Federal Register notice or in technology becomes commercially conclusions regarding feasibility. The the Technical Support Document. available, may yield different BART and commenter stated that similarly, the Response: The commenter’s concern BACT determinations. Secondly, the court did not consider many of EPA’s is immaterial in this instance. The degree of visibility improvement, a reasons for concluding that SCR is a technical feasibility review precedes the factor considered under BART but not feasible technology that should be analysis of visibility impacts in the BACT, might result in different designated as BART. Nor did the court review process. Since our determinations. address EPA’s view that vendor reconsideration action applies only to We disagree in this particular willingness or unwillingness to provide MRYS Units 1 and 2 and LOS Unit 2, situation that the predicted visibility a catalyst life guarantee had no relation where the State selected what it benefits attributable to SCR at MRYS to whether SCR was commercially determined to be the most stringent and LOS were small enough, as a sole available or feasible but rather related to technically feasible control option,18 per consideration, to have justified the selection of SNCR over SCR. The State’s 19 In making BART determinations, section 169A(g)(2) of the CAA requires that states consider 16 North Dakota also conducted modeling own modeling identified greater the following factors: (1) The costs of compliance; according to the BART Guidelines, which provides visibility benefits when comparing SCR (2) the energy and non-air quality environmental the visibility benefit information that EPA used in over SNCR of more than 0.5 deciviews impacts of compliance; (3) any existing pollution our original proposal analyses. per unit at the highest impacted Class I control technology in use at the source; (4) the 17 See docket EPA–R08–OAR–2010–0406–0418. remaining useful life of the source; and (5) the 18 Since SCR is eliminated from consideration area, Theodore Roosevelt National Park. degree of improvement in visibility which may based on technical infeasibility, SNCR becomes the However, taking into consideration the reasonably be anticipated to result from the use of most stringent technically feasible control option. December 21, 2011 court decision, in such technology.
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the cost of using SCR according to the BART requirements for either MRYS or Comment: Commenters stated that commenter. LOS since it contains an emissions limit EPA did not consider non-air quality Response: Giving appropriate higher than presumptive BART, and benefits in rejecting a presumptive NOX consideration to the district court’s EPA has not conducted a five-factor BART limit of 0.10 lb/MMBtu or lower, decision does not depend on whether BART analysis justifying an emission which is based on installation of SCR the court addressed every potential limit above presumptive BART. The for cyclone boilers. The commenters argument that EPA made or could have BART Guidelines provide that noted that impacts are much more made based on the record of that case. presumptive BART for all lignite-fired severe with SNCR than SCR as much Minnkota Power remains a final cyclone boilers is a NOX emissions limit more ammonia is used and released. decision of a federal court with of 0.10 lb/MMBtu, based upon the The commenters list non-air-quality jurisdiction over the subject matter installation of SCR control technology. impacts regarding transportation, before it, a ruling that addressed issues 40 CFR 51, appendix Y, section IV.E.5. storage and use of ammonia including relevant to this action. Further, as The commenters note that EPA safety concerns, and potential fly ash discussed above, EPA finds it specifically evaluated the use of SCR on contamination in addition to potential appropriate to look to North Dakota’s both MRYS and LOS in determining the visibility impacts of emissions of recent BACT determination as presumptive NOX BART level and unreacted ammonia (‘‘ammonia slip’’) indicative of the appropriate BART found it feasible and cost effective.20 that offset the claimed visibility outcome in this matter. The commenters argued that EPA has improvement by SNCR compared to Comment: One commenter stated that not refuted the presumptive SCR. EPA’s BART determination is entitled to determination in this case. Response: We disagree with the deference and evaluated under a commenters. They asserted that the different standard of review than that Response: We disagree with the ammonia slip from SNCR would be applicable to the district court in the commenters. EPA is reaffirming our greater than from SCR, but this Minnkota Power case. The commenter approval of three BART determinations difference is not pertinent because SCR noted that EPA is not bound by that included five-factor analyses was eliminated from consideration Minnkota Power given EPA’s authority conducted by the State of North Dakota based on technical infeasibility. (As when making BART determinations for MRYS Units 1 and 2 and LOS Unit discussed in our responses elsewhere, under a FIP, or ensuring that a state’s 2. Thus, it was not necessary for EPA to in approving BART determinations that submission complies with the CAA, and conduct its own five-factor analyses or are above the presumptive limit at the deference given to those decisions. to refute the EPA analysis done in 2005 MRYS and LOS, EPA has taken into While the definition of technical in support of the development of the consideration North Dakota’s five-factor feasibility is substantially the same for NOX presumptive limits. The emissions analyses, the State’s reliance on a recent the BACT and BART programs, the legal limits for SNCR in the State’s analyses BACT determination, and a federal standard that governed the district were based on a careful consideration of court ruling that addressed issues court’s review of North Dakota’s BACT the statutory factors. While EPA did not relevant to this action.) The commenters decision is not the same legal standard agree with all aspects of the State’s did not assert that SNCR should be that applies to review of EPA’s decision analyses, the deciding factor was that of eliminated from consideration based on in promulgating a FIP or reviewing the technical feasibility. As discussed in the ammonia slip. With SCR an unavailable adequacy of a state regional haze plan, ‘‘Basis for Today’s Final Action’’ section option, SNCR is the most stringent such that the district court decision above, there are two principles from our technically feasible control option, and cannot govern here according to the BART Guidelines that are relevant to a comparison of the non-air-quality commenter. this situation. The first is that as part of impacts between the eliminated Response: EPA does not view a BART analysis, states may eliminate technology (SCR) and the remaining Minnkota Power as directly governing technically infeasible control options most stringent technology (SNCR) is the outcome of this matter, but the from further review. The second is that immaterial. Agency has taken into consideration states generally may rely on a recent this federal court ruling in assessing BACT determination for a source for 3. Collateral Estoppel North Dakota’s BART determinations for purposes of determining BART for that Comment: Commenters expressed MRYS and LOS. In reviewing the State’s source. North Dakota’s BART differing opinions on whether collateral determinations, EPA considered determination for MRYS was developed estoppel binds EPA to the Minnkota whether North Dakota acted reasonably. at approximately the same time as its Power decision. The doctrine of The decision in Minnkota Power was BACT determination for this facility, collateral estoppel, also known as issue one factor EPA took into account in and was upheld by a U.S. district court. preclusion, provides that ‘‘once a court deciding not to disapprove North EPA finds it appropriate to approve the has decided an issue of fact or law Dakota’s SIP. As noted above, this was emissions limits for SNCR (above the necessary to its judgment that decision not the only factor. EPA also took into presumptive emissions limits of 0.10 lb/ may preclude relitigation of the issue in account the BART Guidelines and North MMBtu for lignite-fired cyclone boilers, a suit on a different cause of action Dakota’s contemporaneous BACT based upon installation of SCR control involving a party to the first case.’’ Air determination. We agree that different technology) predicated on the State’s Line Pilots Ass’n Int’l v. Trans States legal standards govern the district analyses and its determination that SCR Airlines, 638 F.3d 572, 579 (8th Cir. court’s review of North Dakota’s BACT is eliminated from consideration based 2011) (citations and punctuation determination and EPA’s review of its upon grounds of technical infeasibility. omitted); see also Parklane Hosiery Co. decision regarding the adequacy of the v. Shore, 439 U.S. 322, 326 (1979). SIP. 20 See EPA, Technical Support Document: Response: Collateral estoppel does not Methodology for Developing BART NOX govern EPA’s decision in this matter. 2. Consideration of the Presumptive Presumptive Limits (June 15, 2005), docket EPA– The district court in Minnkota Power NOX BART Emissions Limit R08–OAR–2010–0406–0092; Technical Support decided the case under a standard of Document for BART NOX Limits for Electric Comment: Commenters stated that the Generating Units Excel Spreadsheet (June 15, 2005), review outlined in a consent decree that BACT determination does not fulfill docket EPA–HQ–OAR–2002–0076–0446. settled an enforcement matter. Under
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the standard derived from the rationale for and the reasonableness of limit the relevant scope of comments, enforcement consent decree, EPA had states’ underlying decisions. other than requiring that they address the burden of proving that the State’s one or more of these units. 5. Scope of Reconsideration Action BACT determination was unreasonable. Comment: One commenter stated that F. Comments Generally in Favor of Our On the other hand, when courts review Proposal EPA action on a state’s BART there was no need to grant petitioners determination, an altogether different an opportunity to comment on the Comment: We received more than standard applies: courts defer to EPA’s Minnkota Power ruling because EPA 1,200 comment letters in support of our technical expertise, and the petitioning had no choice but to follow it. rulemaking from concerned citizens and party must show that EPA’s action was Response: We disagree that EPA had members representing rural power arbitrary and capricious. Thus, because no choice but to follow the Minnkota cooperatives. These comments were EPA had a much higher burden of proof Power ruling. Section 307(d)(7)(B) of the received at the public hearings in in the district court than it would have CAA prohibits a party from seeking Bismarck, North Dakota, by internet, on review of a SIP approval, collateral judicial review of objections to a rule and through the mail. Each of these estoppel does not apply here. ‘‘Failure that were not raised with reasonable commenters was generally in favor of of one party to carry the burden of specificity during the comment period. our proposed decision to approve North persuasion on an issue should not The CAA provides a two-part exception Dakota’s NOX BART determinations for establish the issue in favor of an to this general ban on judicial review of MRYS Units 1 and 2 and LOS Unit 2. adversary who otherwise would have newly raised objections. The EPA These comments generally stated that the burden of persuasion on that issue Administrator must convene a SCR is an unproven technology for these in later litigation.’’ 18 C. Wright, A. reconsideration proceeding if the type of units and would not noticeably petitioner can demonstrate that: Miller & E. Cooper, Federal Practice and improve visibility. They also expressed 1. It was impracticable to raise such Procedure § 4422 at 592 (2002), quoted concern about increasing electricity an objection during the comment period costs. in Cobb v. Pozzi, 352 F.3d 79, 101–102 or the information became available (2d Cir. N.Y. 2003). Response: We acknowledge these after the period for public comment; and general comments that supported our As to LOS Unit 2, an additional 2. The objection is of central proposed action. While we disagree reason that EPA is not collaterally relevance to the outcome of the rule. with some of the commenters’ reasoning estopped with respect to this action is The significant consideration that EPA on the points of technical feasibility, that Minnkota Power only involved has given to the district court decision, visibility benefits, and cost, these points MRYS, not LOS. Because the case did which was made 30 days after the close are largely no longer relevant, because not specifically address the latter of our public comment period, meets we have decided to finalize our station, collateral estoppel cannot be the criteria for convening a approval of North Dakota’s NO BART invoked with respect to it. For these X reconsideration proceeding. determinations for MRYS Units 1 and 2 reasons, the Agency’s decision in this Further, the premise of the comment and LOS Unit 2 on grounds explained proceeding is not constrained by the is incorrect. The comment is built on an elsewhere. district court’s Minnkota Power assertion that EPA had ‘‘no choice’’ but decision. That is not to say, however, to follow the Minnkota Power holding. G. Comments Generally Against Our that the district court’s decision is For the Agency to have no choice, either Proposal irrelevant. Minnkota Power remains a collateral estoppel or res judicata would Comment: We received over 650 final decision of a federal court with have to apply. Neither doctrine does. comment letters that urged us to require jurisdiction over the subject matter The district court in Minnkota Power SCR at MRYS Units 1 and 2 and LOS before it, a ruling that addressed some decided the case under a standard of Unit 2 based on our original rigorous issues relevant to this action. EPA has review outlined in a consent decree that technical analyses that showed SCR was reviewed and considered the court’s settled an enforcement matter. There is cost effective and a commonly used opinion, and views it as relevant to but no possibility of res judicata, because technology with more than 400 plants not decisive of the questions presented EPA’s regional haze rulemaking action using the technology in the United in this matter. was not before the court for decision. States. Commenters stated that SCR Finally, although EPA does not agree And as described above, EPA’s action in technology would reduce pollution by that collateral estoppel applies here, our this proceeding is not constrained by 90% at these plants. Some commenters final action is the same as if we had collateral estoppel based on Minnkota generally requested that EPA lower the accepted as persuasive the comments Power. Therefore, there is no reason to emission limits for LOS Unit 1. Some asserting that it does. conclude that the Minnkota Power commenters also generally discussed 4. EPA Versus State Authority decision left EPA ‘‘no choice’’ with health effects and health costs related to respect to this rulemaking action. regional haze pollutants. Some Comment: Several commenters in Comment: One commenter stated that commenters also stated that rapid oil supporting our proposal highlighted issues involving the technical and gas development makes it more that in approving the State’s BART feasibility, cost effectiveness, and critical to install the best pollution determinations, EPA appropriately visibility impact of potential control controls at these plants. respected the State of North Dakota’s technologies are beyond the scope of Response: Because we have decided statutory role in establishing BART this reconsideration action. to finalize our approval of North limits and implied that EPA lacked Response: EPA initiated the Dakota’s NOX BART determinations for authority to pursue another course. reconsideration of our final rule based MRYS Units 1 and 2 and LOS Unit 2 on Response: Courts have rejected state on our approval of the State’s NOX the grounds explained elsewhere in this primacy arguments in several rulings BART determination and limits for document, it would not be appropriate that have occurred since the close of MRYS Units 1 and 2 and LOS Unit 2. to require SCR solely based on our EPA’s public comment period for this At the time of our proposed original technical analyses. action. EPA’s role in regional haze reconsideration, to allow for broad We appreciate the commenters’ planning includes examining the public comment, we decided not to concerns regarding the negative health
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impacts of pollutants that contribute to requirements for two sources in North G. Executive Order 13211: Actions regional haze. We agree that these Dakota. The action merely approves Concerning Regulations That pollutants can have effects on human state law as meeting federal Significantly Affect Energy Supply, health, but such effects are not taken requirements and imposes no additional Distribution, or Use into account in setting BART limits requirements beyond those imposed by This action is not subject to Executive under the regional haze program. The state law. We have therefore concluded Order 13211, because it is not a next phase of the regional haze program that this action will have no net significant regulatory action under will, as appropriate, lead to further regulatory burden for all directly Executive Order 12866. emission reductions. regulated small entities. Regarding the commenters’ concerns H. National Technology Transfer and about rapid oil and gas development in Unfunded Mandates Reform Act Advancement Act North Dakota, while that is beyond the This rulemaking does not involve scope of this reconsideration action, This action does not contain any technical standards. EPA will be closely reviewing North unfunded mandate as described in the I. Executive Order 12898: Federal Dakota’s plans in future planning Unfunded Mandates Reform Act, 2 Actions To Address Environmental periods regarding potential impacts U.S.C. 1531–1538, and does not Justice in Minority Populations and from oil and gas development as well as significantly or uniquely affect small Low-Income Populations other anthropogenic emissions on governments. The action imposes no regional haze. enforceable duty on any state, local or EPA believes the human health or Finally, emission limits at LOS Unit tribal governments or the private sector. environmental risk addressed by this 1 are outside the scope of this action will not have potential D. Executive Order 13132: Federalism reconsideration action; we only disproportionately high and adverse reconsidered the NOX BART This action does not have federalism human health or environmental effects determinations for MRYS Units 1 and 2 implications. It will not have substantial on minority, low-income or indigenous and LOS Unit 2. direct effects on the states, on the populations. In this reconsideration, EPA is affirming its prior approval of relationship between the national IV. Statutory and Executive Order North Dakota SIP requirements for two government and the states, or on the Reviews sources in North Dakota which increase distribution of power and environmental protection for the general A. Executive Order 12866: Regulatory responsibilities among the various Planning and Review and Executive population. The action merely approves levels of government. Order 13563: Improving Regulation and state law as meeting federal Regulatory Review E. Executive Order 13175: Consultation requirements and imposes no additional requirements beyond those imposed by This action is exempt from review by and Coordination With Indian Tribal Governments state law. This regulatory option was the Office of Management and Budget selected as the preferable regulatory because it merely approves state law as This action does not have tribal option for the reasons summarized in meeting federal requirements and implications, as specified in Executive section II.B of this action. EPA provided imposes no additional requirements Order 13175 because it does not impose meaningful participation opportunities beyond those imposed by state law. In substantial direct compliance costs and for minority, low-income or indigenous this reconsideration, EPA is affirming its populations or tribes in the prior approval of North Dakota SIP does not preempt tribal law. In this reconsideration, EPA is affirming its development of this rule by conducting requirements for two sources in North a public hearing on May 15, 2013 and Dakota. prior approval of North Dakota SIP requirements for two sources in North by providing a three-month public B. Paperwork Reduction Act Dakota. The action merely approves comment period as described in section I of this action. This action does not impose an state law as meeting federal As part of this environmental justice information collection burden under the requirements and imposes no additional assessment, EPA also reviewed 2013 provisions of the Paperwork Reduction requirements beyond those imposed by U.S. Census Bureau data for Mercer and Act. This action is not imposing any state law. Thus, Executive Order 13175 Oliver counties 21 where the two sources additional burden on the public. does not apply to this rule. involved in this reconsideration action C. Regulatory Flexibility Act F. Executive Order 13045: Protection of are located. Both counties have small minority populations with the white, I certify that this action will not have Children From Environmental Health non-minority populations comprising a significant economic impact on a Risks and Safety Risks over 95% of the whole. Both counties substantial number of small entities are also below the 2013 national official under the Regulatory and Flexibility EPA interprets Executive Order 13045 poverty rate of 14.5% and the Midwest Act. In making this determination, the as applying only to those regulatory poverty rate of 12.9%.22 impact of concern is any significant actions that concern environmental The 2013 adverse economic impact on small health or safety risks that EPA has poverty rates for Mercer and Oliver entities. An agency may certify that a reason to believe may counties are 7.2% and 11.4%, rule will not have a significant disproportionately affect children, per respectively. For comparison, the economic impact on a substantial the definition of ‘‘covered regulatory action’’ in section 2–202 of the 21 Mercer County, http://quickfacts.census.gov/ number of small entities if the rule qfd/states/38/38057.html, Oliver County, http:// relieves regulatory burden, has no net Executive Order. This action is not quickfacts.census.gov/qfd/states/38/38065.html. burden or otherwise has a positive subject to Executive Order 13045 22 Income and Poverty in the United States: 2013, economic effect on the small entities because it affirms a prior approval of a Current Population Reports, DeNavas-Walt and Proctor, Issued September 2014, P60–249, pp. 1 and subject to the rule. In this state action implementing a federal 15. Available at https://www.census.gov/content/ reconsideration, EPA is affirming its standard. dam/Census/library/publications/2014/demo/p60- prior approval of North Dakota SIP 249.pdf.
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poverty rate for the State of North DEPARTMENT OF COMMERCE longline and hook-and-line components Dakota is 12.1%. Supporting as commercial quotas. documentation is included in the National Oceanic and Atmospheric The commercial quota for the longline docket. Administration component for golden tilefish in the South Atlantic is 405,971 lb (184,145 EPA’s policy on environmental justice 50 CFR Part 622 kg), gutted weight, for the current is to ensure the fair treatment and fishing year, January 1 through meaningful involvement of all people [Docket No. 120404257–3325–02] December 31, 2015, as specified in 50 regardless of race, color, national origin, RIN 0648–XD735 CFR 622.190(a)(2)(iii). or income with respect to the Under 50 CFR 622.193(a)(1)(ii), NMFS development, implementation, and Fisheries of the Caribbean, Gulf of is required to close the commercial enforcement of environmental laws, Mexico, and South Atlantic; 2015 longline component for golden tilefish regulations, and policies. Our review Commercial Accountability Measure when the longline component’s here for this reconsideration action is and Closure for South Atlantic Golden commercial quota has been reached, or consistent with EPA’s policy. This Tilefish Longline Component is projected to be reached, by filing a section, along with the supporting notification to that effect with the Office documentation in the docket, constitute AGENCY: National Marine Fisheries of the Federal Register. After the EPA’s full analysis of environmental Service (NMFS), National Oceanic and commercial quota for the longline justice for this action. Atmospheric Administration (NOAA), component is reached or projected to be Commerce. reached, golden tilefish may not be J. Congressional Review Act ACTION: Temporary rule; closure. fished for or possessed by a vessel with a golden tilefish longline endorsement. This action is subject to the SUMMARY: NMFS implements an NMFS has determined that the Congressional Review Act, and EPA will accountability measure for the commercial quota for the longline submit a rule report to each House of commercial longline component for component for golden tilefish in the the Congress and to the Comptroller golden tilefish in the exclusive South Atlantic will be reached on General of the United States. This action economic zone (EEZ) of the South February 19, 2015. Accordingly, the is not a ‘‘major rule’’ as defined by 5 Atlantic. Commercial longline landings commercial longline component for U.S.C. 804(2). for golden tilefish are projected to reach South Atlantic golden tilefish is closed the longline component’s commercial effective 12:01 a.m., local time, February K. Petitions for Judicial Review annual catch limit (ACL; commercial 19, 2015, until 12:01 a.m., local time, Under section 307(b)(1) of the CAA, quota) on February 19, 2015. Therefore, January 1, 2016. petitions for judicial review of this NMFS closes the commercial longline During the commercial longline action must be filed in the United States component for golden tilefish in the closure, golden tilefish may still be harvested commercially using hook- Court of Appeals for the appropriate South Atlantic EEZ on February 19, and-line gear. However, a vessel with a circuit by April 20, 2015. Filing a 2015, and it will remain closed until the start of the next fishing season, January golden tilefish longline endorsement is petition for reconsideration by the not eligible to fish for or possess golden Administrator of this final rule does not 1, 2016. This closure is necessary to protect the golden tilefish resource. tilefish using hook-and-line gear under affect the finality of this action for the DATES: This rule is effective 12:01 a.m., the hook-and-line trip limit, as specified purposes of judicial review nor does it in 50 CFR 622.191(a)(2)(ii). The operator extend the time within which a petition local time, February 19, 2015, until 12:01 a.m., local time, January 1, 2016. of a vessel with a valid commercial for judicial review may be filed, and vessel permit for South Atlantic shall not postpone the effectiveness of FOR FURTHER INFORMATION CONTACT: snapper-grouper and a valid commercial such rule or action. This action may not Britni LaVine, telephone: 727–824– longline endorsement for golden tilefish be challenged later in proceedings to 5305, email: [email protected]. having golden tilefish on board must enforce its requirements. (See section SUPPLEMENTARY INFORMATION: The have landed and bartered, traded, or 307(b)(2).) snapper-grouper fishery of the South sold such golden tilefish prior to 12:01 Atlantic includes golden tilefish and is a.m., local time, February 19, 2015. List of Subjects in 40 CFR Part 52 managed under the Fishery During the commercial longline closure, Management Plan for the Snapper- Environmental protection, Air the bag limit and possession limits Grouper Fishery of the South Atlantic specified in 50 CFR 622.187(b)(2)(iii) pollution control, Incorporation by Region (FMP). The FMP was prepared and (c)(1), respectively, apply to all reference, Intergovernmental relations, by the South Atlantic Fishery harvest or possession of golden tilefish Nitrogen dioxides, Particulate matter, Management Council and is in or from the South Atlantic EEZ by a Reporting and recordkeeping implemented under the authority of the vessel with a golden tilefish longline requirements, Sulfur dioxide, Volatile Magnuson-Stevens Fishery endorsement, and the sale or purchase organic compounds. Conservation and Management Act of longline-caught golden tilefish taken Dated: February 6, 2015. (Magnuson-Stevens Act) by regulations from the EEZ is prohibited. The Gina McCarthy, at 50 CFR part 622. prohibition on sale or purchase does not On April 23, 2013, NMFS published apply to the sale or purchase of Administrator. a final rule to implement Amendment longline-caught golden tilefish that were [FR Doc. 2015–03177 Filed 2–17–15; 8:45 am] 18B to the FMP (78 FR 23858). harvested, landed ashore, and sold prior BILLING CODE 6560–50–P Amendment 18B to the FMP established to 12:01 a.m., local time, February 19, a longline endorsement program for the 2015, and were held in cold storage by commercial golden tilefish component a dealer or processor. Additionally, the of the snapper-grouper fishery and bag and possession limits and the sale allocated the commercial golden tilefish and purchase provisions of the ACL among two gear groups, the commercial closure apply to a person on
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board a vessel with a golden tilefish This action responds to the best immediately implement this action to longline endorsement, regardless of scientific information available. The protect the golden tilefish resource since whether the golden tilefish are Assistant Administrator for Fisheries, the capacity of the fishing fleet allows harvested in state or Federal waters, as NOAA (AA), finds that the need to for rapid harvest of the commercial specified in 50 CFR 622.190(c)(1). immediately implement this action to quota for the longline component. Prior Classification close the commercial longline notice and opportunity for public component for golden tilefish comment would require time and would The Regional Administrator, constitutes good cause to waive the potentially result in a harvest well in Southeast Region, NMFS, has requirements to provide prior notice excess of the established commercial determined this temporary rule is and opportunity for public comment quota for the longline component. necessary for the conservation and management of South Atlantic golden pursuant to the authority set forth in 5 For the aforementioned reasons, the tilefish and is consistent with the U.S.C. 553(b)(B), as such procedures for AA also finds good cause to waive the Magnuson-Stevens Act, the FMP, and this temporary rule would be 30-day delay in the effectiveness of this other applicable laws. unnecessary and contrary to the public action under 5 U.S.C. 553(d)(3). This action is taken under 50 CFR interest. Such procedures are Authority: 16 U.S.C. 1801 et seq. 622.193(a)(1)(ii) and is exempt from unnecessary, because the regulations at Dated: February 12, 2015. review under Executive Order 12866. 50 CFR 622.193(a)(1)(ii) itself have These measures are exempt from the already been subject to notice and Alan D. Risenhoover, procedures of the Regulatory Flexibility comment, and all that remains is to Director, Office of Sustainable Fisheries, Act, because the temporary rule is notify the public of the closure. Such National Marine Fisheries Service. issued without opportunity for prior procedures are contrary to the public [FR Doc. 2015–03317 Filed 2–12–15; 4:15 pm] notice and comment. interest, because there is a need to BILLING CODE 3510–22–P
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Proposed Rules Federal Register Vol. 80, No. 32
Wednesday, February 18, 2015
This section of the FEDERAL REGISTER certificate issued by the national plant Mexico, are described in § 319.56–30. contains notices to the public of the proposed protection organization of Mexico with Those requirements include pest issuance of rules and regulations. The an additional declaration stating that the surveys and pest risk-reducing purpose of these notices is to give interested consignment was produced in practices, treatment, packinghouse persons an opportunity to participate in the accordance with the systems approach procedures, inspection, and shipping rule making prior to the adoption of the final rules. described in the operational workplan. procedures. This action would allow for the The national plant protection importation of fresh Hass avocado fruit organization (NPPO) of Mexico has DEPARTMENT OF AGRICULTURE from Mexico while continuing to requested that APHIS amend the provide protection against the regulations in order to allow Hass Animal and Plant Health Inspection introduction of plant pests into the avocados to be imported from all of Service continental United States, Hawaii, and Mexico into the continental United Puerto Rico. States, Hawaii, and Puerto Rico. As part 7 CFR Part 319 DATES: We will consider all comments of our evaluation of Mexico’s request, [Docket No. APHIS–2014–0088] that we receive on or before April 20, we prepared a pest risk assessment 2015. (PRA), ‘‘Importation of Fresh Fruit of RIN 0579–AE05 Avocado (Persea americana Mill. var. ADDRESSES: You may submit comments ‘Hass’) from Mexico into the Continental Mexican Hass Avocado Import by either of the following methods: • United States, Hawaii, and Puerto Rico, Program Federal eRulemaking Portal: Go to A Qualitative, Pathway-Initiated Pest http://www.regulations.gov/#!docket AGENCY: Animal and Plant Health Risk Assessment’’ (January 2014), which Detail;D=APHIS-2014-0088. evaluated the risk of permitting the Inspection Service, USDA. • Postal Mail/Commercial Delivery: importation of Mexican Hass avocados ACTION: Proposed rule. Send your comment to Docket No. from all of Mexico into the continental APHIS–2014–0088, Regulatory Analysis SUMMARY: Commercial consignments of United States, Hawaii, and Puerto Rico. and Development, PPD, APHIS, Station Hass avocado fruit are currently We also prepared a commodity import 3A–03.8, 4700 River Road Unit 118, authorized entry into the continental evaluation document (CIED) to Riverdale, MD 20737–1238. United States, Hawaii, and Puerto Rico determine what phytosanitary measures Supporting documents and any from the Mexican State of Michoaca´n should be applied to mitigate the pest comments we receive on this docket under a systems approach to mitigate risk associated with the importation of may be viewed at http:// against quarantine pests of concern. We Hass avocados from all of Mexico into www.regulations.gov/#!docketDetail;D= are proposing to amend the regulations the continental United States, Hawaii, APHIS-2014-0088 or in our reading to allow the importation of fresh Hass and Puerto Rico. Copies of the PRA and room, which is located in room 1141 of avocado fruit into the continental CIED may be obtained from the person the USDA South Building, 14th Street United States, Hawaii, and Puerto Rico listed under FOR FURTHER INFORMATION and Independence Avenue SW., from all of Mexico, provided individual CONTACT or viewed on the Washington, DC. Normal reading room Mexican States meet the requirements Regulations.gov Web site (see hours are 8 a.m. to 4:30 p.m., Monday set out in the regulations and the ADDRESSES above for a link to through Friday, except holidays. To be operational workplan. Initially, this Regulations.gov and information on the sure someone is there to help you, action would only apply to the Mexican location and hours of the reading room). please call (202) 799–7039 before State of Jalisco. With the exception of a In the CIED, entitled, ‘‘Expansion of coming. clarification of the language concerning areas allowed to import Fresh when sealed, insect-proof containers FOR FURTHER INFORMATION CONTACT: Mr. Commercial Avocado Fruit (Persea would be required to be used in David B. Lamb, Senior Regulatory americana Mill. Var. ‘Hass’) from shipping and the removal of mandatory Policy Specialist, RPM, PPQ, APHIS, Mexico into the Continental United fruit cutting at land and maritime 4700 River Road Unit 133, Riverdale, States, Hawaii, and Puerto Rico,’’ (June borders, the current systems approach MD 20737–1231; (301) 851–2103. 2014), we determined that because the would not change. That systems SUPPLEMENTARY INFORMATION: systems approach currently in place is approach, which includes requirements successful in mitigating the risks of for orchard certification, limited Background introducing quarantine pests associated production area, trace back labeling, Under the regulations in ‘‘Subpart- with the importation of fresh Hass pre-harvest orchard surveys, orchard Fruits and Vegetables’’ (7 CFR 319.56 avocado fruit from Michoaca´n, Mexico, sanitation, post-harvest safeguards, fruit through 319.56–71), the Animal and into the continental United States, cutting and inspection at the Plant Health Inspection Service (APHIS) Hawaii, and Puerto Rico, the current packinghouse, port-of-arrival prohibits or restricts the importation of systems approach will also adequately inspection, and clearance activities, fruits and vegetables into the United mitigate the risks of introducing would then be required for importation States from certain parts of the world to quarantine pests from the other Mexican of fresh Hass avocado fruit from all prevent plant pests from being States. We concluded that the approved areas of Mexico. The fruit introduced into and spread within the phytosanitary risks for insect pests would also be required to be imported United States. The requirements for associated with the importation of Hass in commercial consignments and importing fresh Hass avocado fruit into avocados from all of Mexico into the accompanied by a phytosanitary the United States from Michoaca´n, continental United States, Hawaii, and
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Puerto Rico would be effectively operational workplan is an agreement easily detectable upon surface mitigated using nearly the same systems between APHIS’ Plant Protection and inspection. Further, commercially approach as is currently used for the Quarantine program, officials of the produced fruit are grown and packed to importation of Hass avocados from NPPO of a foreign government, and, meet quality standards that are much Michoaca´n, Mexico, as set forth in when necessary, foreign commercial higher than non-commercially produced § 319.56–30. We are proposing to make entities, that specifies in detail the fruit and are therefore less likely to some minor changes to the systems phytosanitary measures that will serve as hosts to pests of phytosanitary approach. Those proposed changes are comply with our regulations governing concern. Interceptions of pests in discussed below. the import or export of a specific commercial shipments of fruit versus Based on the findings of the CIED and commodity. Operational workplans passenger baggage indicate the PRA, we are proposing to amend apply only to the signatory parties and commercially produced fruit represents § 319.56–30 to allow commercial establish detailed procedures and a much lower risk of carrying pests. guidance for the day-to-day operations shipments of Hass avocados from all Fruit Covering Requirements growing areas of Mexico to be imported of specific import/export programs. into the continental United States, Operational workplans also establish In § 319.56–30, paragraph (c)(3)(vii) Hawaii, and Puerto Rico. how specific phytosanitary issues are currently references the lid, insect-proof The first additional Mexican State dealt with in the exporting country and mesh, or other material required to be that would be expected to become make clear who is responsible for placed over the avocados prior to eligible to export Hass avocados under dealing with those issues. The existing leaving the packinghouse to protect this proposed expansion would be the systems approach for importing fresh against fruit fly infestation. Paragraph State of Jalisco. Currently, only Jalisco is Hass avocado fruit into the United (c)(3)(viii) describes refrigerated transit prepared to meet the requirements set States from Michoaca´n, Mexico, requirements for the avocado fruit out in the regulations for eligibility to currently requires that an annual within Mexico. Recently, a maritime ship fresh Hass avocado fruit into the workplan be developed. This change shipment of fresh avocado fruit from continental United States, Hawaii, and would allow APHIS flexibility and Mexico arrived in Port Manatee, FL, for Puerto Rico. Specifically, these responsiveness in adding or removing the first time. The avocados were in requirements are found in § 319.56– pests of concern from the list of uncovered trays inside sealed 30(c) and include orchard certification, actionable pests. (The current refrigerated containers, and the traceback labeling, pre-harvest orchard regulations refer to a ‘‘bilateral work shipment was delayed because the surveys, orchard sanitation, post-harvest plan.’’ For the sake of consistency with avocados were not covered with a lid, safeguards, and fruit cutting and our other regulations, we would change insect-proof mesh, or other material. As inspection at the packinghouse. This the term to ‘‘operational workplan’’ in a result of this incident, we have proposed rule would allow for future this rulemaking.) examined the requirements in importation of fresh Hass avocados from Additionally, based on the findings of paragraphs (c)(3)(vii) and (c)(3)(viii) and other Mexican States provided those the PRA, we would add eight pests to determined that we should clarify our States meet the APHIS requirements the list of pests of concern to be intentions regarding whether those lids, contained in the regulations. Prior to maintained in the operational workplan. insect-proof mesh, or other material shipments beginning from any future Of those, we would require field and need to remain in place throughout the States, APHIS would work with the packinghouse surveys for Cryptaspasma entire shipping process. Since the lids, insect-proof mesh, or NPPO of Mexico to ensure that they perseana, a tortricid moth, and other material are intended to provide meet the requirements of § 319.56–30(c). Conotrachelus serpentinus, a weevil, phytosanitary protection against fruit Any additions to the review process for but not for the other six pests listed flies, and transport in refrigerated trucks approving new States will be added to below, which were determined to pose or containers provides the same the operational workplan as mutually a medium or low chance of following protection, we are proposing to amend negotiated and agreed on between the importation pathway of fresh Hass the regulations in order to stipulate that APHIS and the NPPO of Mexico. avocado fruit from Mexico. These pests, which would be addressed through port those coverings would not be required Pests of Concern of entry inspection, are: when the avocado fruit is inside a Specific pests of concern associated • Avocado sunblotch viroid; refrigerated container or truck. Such with fresh avocado fruit for which • Maconellicoccus hirsutus (Green), coverings would therefore not be mitigations are required are listed in pink hibiscus mealybug; required to be applied at the paragraphs (c)(1)(ii), (c)(2)(i), and (e) of • Pseudophilothrips perseae packinghouse, as the avocados are § 319.56–30. They are: (Watson), a thrips; transferred directly from inside the • Conotrachelus aguacatae, a small • Scirtothrips aceri (Moulton), a packinghouse into refrigerated avocado seed weevil; thrips; containers or trucks, and all transit • Conotrachelus perseae, a small • Scirtothrips perseae Nakahara, a within Mexico is required to be avocado seed weevil; thrips; and completed in these containers or trucks. • Copturus aguacatae, avocado stem • Sphaceloma perseae Jenkins, If the avocado fruit is transferred to a weevil; avocado scab. non-refrigerated container at an air or • Heilipus lauri, large avocado seed We have determined that the existing maritime port in Mexico for shipment to weevil; and mitigations would be sufficient to the United States, a covering would • Stenoma catenifer, avocado seed prevent these six pests from following have to be applied. moth. the pathway of importation, in We are proposing to remove particular, packinghouse culling, Port of Entry Fruit Cutting references to these specific pests from restriction of shipments to commercial Currently, Hass avocado fruit are the regulations. The pest list would consignments only, and NPPO required to be biometrically sampled instead be maintained in the operational inspection. The six pests listed above and cut in the field, at the workplan provided to APHIS for produce symptoms on infested fruit that packinghouse, and by an inspector at approval by the NPPO of Mexico. An are macroscopic in nature and thus the port of first entry into the United
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States. We received a request from U.S. California’s production is of the Hass given to this rule, and this rule will not Customs and Border Protection to variety. require administrative proceedings amend the port of entry requirement, While APHIS does not have before parties may file suit in court which is found in § 319.56–30(f), in information on the size distribution of challenging this rule. order to allow the fruit to be cut at the U.S. avocado producers, according to Paperwork Reduction Act discretion of the inspector. Given the the Census of Agriculture, there were a lack of quarantine pest interceptions in total of 93,020 fruit and tree nut farms This proposed rule contains no new shipments of avocado fruit from Mexico in the United States in 2012. The information collection or recordkeeping at the ports of first entry for the period average value of agricultural products requirements under the Paperwork from 1997 to 2014, we propose to sold by these farms was less than Reduction Act of 1995 (44 U.S.C. 3501 amend the requirement. This will allow $274,000, which is well below the et seq.). SBA’s small-entity standard of for operational flexibility. The other List of Subjects in 7 CFR Part 319 cutting and sampling requirements $750,000. It is reasonable to assume that would remain unchanged. most avocado farms qualify as small Coffee, Cotton, Fruits, Imports, Logs, entities. Between 2002 and 2012, the Nursery stock, Plant diseases and pests, Executive Order 12866 and Regulatory number of avocado operations in Quarantine, Reporting and Flexibility Act California grew by approximately 17 recordkeeping requirements, Rice, This proposed rule has been reviewed percent, from 4,801 to 5,602 operations. Vegetables. under Executive Order 12866. The Avocados produced in the State of Accordingly, we propose to amend 7 proposed rule has been determined to Jalisco, north of Michoaca´n, are CFR part 319 as follows: be not significant for the purposes of expected to be the first that would be Executive Order 12866 and, therefore, exported to the United States under this PART 319—FOREIGN QUARANTINE has not been reviewed by the Office of rule. These imports would help meet NOTICES Management and Budget. the increasing year-round U.S. demand In accordance with 5 U.S.C. 603, we for avocados. Per capita avocado ■ 1. The authority citation for part 319 have performed an initial regulatory consumption in the United States grew continues to read as follows: flexibility analysis, which is from 1.1 pounds in 1989 to 4.5 pounds Authority: 7 U.S.C. 450, 7701–7772, and summarized below, regarding the in 2011. A growing Hispanic population 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR economic effects of this proposed rule and greater awareness of the avocado’s 2.22, 2.80, and 371.3. on small entities. Copies of the full health benefits have helped to spur ■ 2. Section 319.56–30 is amended as analysis are available by contacting the demand. follows: person listed under FOR FURTHER In 2012, Jalisco produced about 90 ■ a. By revising the section heading. INFORMATION CONTACT or on the million pounds of Hass avocados. Given ■ b. In the introductory paragraph, by Regulations.gov Web site (see required phytosanitary safeguards, only removing the words ‘‘Michoacan, ADDRESSES above for instructions for a fraction of this quantity is expected to Mexico,’’ and adding the word accessing Regulations.gov). qualify for importation by the United ‘‘Mexico’’ in their place. Based on the information we have, States. But even if all of Jalisco’s ■ c. By revising paragraph (c) there is no reason to conclude that avocado production were to meet the introductory text. adoption of this proposed rule would requirements for U.S. entry, the total ■ d. In paragraph (c)(1)(i), by removing result in any significant economic effect quantity would be equivalent to less the words ‘‘bilateral work plan’’ and on a substantial number of small than 8 percent of U.S. Hass avocado adding the words ‘‘operational entities. However, we do not currently imports in 2013 of over 1.2 billion workplan’’ in their place. have all of the data necessary for a pounds. The proposed rule is therefore ■ e. In paragraph (c)(1)(ii), by removing comprehensive analysis of the effects of not expected to have a large impact on the words ‘‘the large avocado seed this proposed rule on small entities. the U.S. avocado market or California weevil Heilipus lauri, the avocado seed Therefore, we are inviting comments on producers because of potential imports moth Stenoma catenifer, and the small potential effects. In particular, we are solely from the Mexican State of Jalisco. avocado seed weevils Conotrachelus interested in determining the number Any market effects are as likely to be aguacatae and C. perseae’’ and adding and kind of small entities that may borne by other foreign suppliers, such as the words ‘‘avocado pests listed in the incur benefits or costs from the Chile and Peru, as by U.S. producers. operational workplan’’ in their place. implementation of this proposed rule. ■ Executive Order 12988 f. In paragraph (c)(2) introductory text, Mexican officials have requested that by removing the words ‘‘annual work additional States in Mexico be allowed This proposed rule would allow fresh plan’’ and adding the words to export Hass avocados to the United Hass avocado fruit to be imported into ‘‘operational workplan’’ in their place. States under the same systems approach the United States from all of Mexico. If ■ g. In paragraph (c)(2)(i), by removing that was implemented for Michoaca´n, this proposed rule is adopted, State and the words ‘‘the avocado stem weevil Mexico, and has successfully kept pest local laws and regulations regarding Copturus aguacatae’’ and adding the infestations associated with imported fresh Hass avocado fruit imported under words ‘‘avocado pests listed in the avocados out of the United States. U.S. this rule would be preempted while the operational workplan’’ in their place. imports of avocado from Mexico have fruit is in foreign commerce. Fresh fruits ■ h. In paragraph (c)(3) introductory increased significantly over the years, and vegetables are generally imported text, by removing the words ‘‘annual from 311 million pounds in 2003 to over for immediate distribution and sale to work plan’’ and adding the words 1.1 billion pounds in 2013. U.S. the consuming public and would ‘‘operational workplan’’ in their place. avocado production over the 10 years remain in foreign commerce until sold ■ i. By revising paragraph (c)(3)(vii). from the 2002/03 season through the to the ultimate consumer. The question ■ j. In paragraph (c)(3)(viii), by adding 2011/12 season averaged 423 million of when foreign commerce ceases in two sentences at the end of the pounds per year, of which California other cases must be addressed on a case- paragraph. accounted for 87.5 percent or over 375 by-case basis. If this proposed rule is ■ k. In paragraph (e), by removing the million pounds. Nearly all of adopted, no retroactive effect will be words ‘‘Heilipus lauri, Conotrachelus
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aguacatae, C. perseae, Copturus DEPARTMENT OF TRANSPORTATION 514–855–5000; fax 514–855–7401; email aguacatae, or Stenoma catenifer’’ and [email protected]; Internet adding the words ‘‘listed in the Federal Aviation Administration http://www.bombardier.com. You may operational workplan’’ in their place. view this referenced service information 14 CFR Part 39 ■ l. In paragraph (f), by removing the at the FAA, Transport Airplane word ‘‘will’’ and adding the word [Docket No. FAA–2015–0088; Directorate Directorate, 1601 Lind Avenue SW., ‘‘may’’ in its place. Identifier 2014–NM–179–AD] Renton, WA. For information on the availability of this material at the FAA, The revisions and additions read as RIN 2120–AA64 call 425–227–1221. follows: Airworthiness Directives; Bombardier, Examining the AD Docket § 319.56–30 Hass avocados from Mexico. Inc. Airplanes You may examine the AD docket on * * * * * AGENCY: Federal Aviation the Internet at http:// (c) Safeguards in Mexico. The Administration (FAA), DOT. www.regulations.gov by searching for and locating Docket No. FAA–2015– avocados must have been grown in an ACTION: Notice of proposed rulemaking 0088; or in person at the Docket orchard located in a municipality that (NPRM). meets the requirements of paragraph Management Facility between 9 a.m. (c)(1) of this section. The orchard in SUMMARY: We propose to adopt a new and 5 p.m., Monday through Friday, which the avocados are grown must airworthiness directive (AD) for certain except Federal holidays. The AD docket meet the requirements of paragraph Bombardier, Inc. Model BD–100–1A10 contains this proposed AD, the (c)(2) of this section. The avocados must (Challenger 300) airplanes. This regulatory evaluation, any comments be packed for export to the United proposed AD was prompted by testing received, and other information. The States in a packinghouse that meets the of the spoiler electronic control unit street address for the Docket Operations requirements of paragraph (c)(3) of this (SECU) software for an upgrade, which office (telephone 800–647–5527) is in section. The Mexican national plant revealed a timing error between the the ADDRESSES section. Comments will protection organization (NPPO) must command and monitor channels. This be available in the AD docket shortly provide an annual operational workplan proposed AD would require revising the after receipt. to APHIS that details the activities that maintenance or inspection program to FOR FURTHER INFORMATION CONTACT: the Mexican NPPO will, subject to incorporate repetitive operational tests Assata Dessaline, Aerospace Engineer, APHIS’ approval of the workplan, carry of the aileron disconnect system, and Avionics and Service Branch, ANE–172, out to meet the requirements of this corrective action if necessary. This FAA, New York Aircraft Certification section; APHIS will be directly involved proposed AD would also require Office, 1600 Stewart Avenue, Suite 410, with the Mexican NPPO in the modification and reidentification of the Westbury, New York 11590; telephone monitoring and supervision of those SECU, which would terminate the 516–228–7301; fax 516–794–5531. activities. The personnel conducting the repetitive operational tests. We are SUPPLEMENTARY INFORMATION: trapping and pest surveys must be proposing this AD to prevent a timing Comments Invited hired, trained, and supervised by the error in the SECU software, which, in Mexican NPPO or by the State delegate combination with failure of the roll We invite you to send any written of the Mexican NPPO. disconnect switch, could result in relevant data, views, or arguments about this proposed AD. Send your comments * * * * * complete loss of spoiler functionality and consequent reduced controllability to an address listed under the (3) * * * of the airplane. ADDRESSES section. Include ‘‘Docket No. (vii) The avocados must be packed in FAA–2015–0088; Directorate Identifier DATES: We must receive comments on 2014–NM–179–AD’’ at the beginning of clean, new boxes or bulk shipping bins, this proposed AD by April 6, 2015. or in clean plastic reusable crates. The your comments. We specifically invite ADDRESSES: You may send comments, boxes, bins, or crates must be clearly comments on the overall regulatory, using the procedures found in 14 CFR marked with the identity of the grower, economic, environmental, and energy 11.43 and 11.45, by any of the following packinghouse, and exporter. aspects of this proposed AD. We will methods: consider all comments received by the (viii) * * * If, at the port of export for • Federal eRulemaking Portal: Go to closing date and may amend this consignments shipped by air or sea, the http://www.regulations.gov. Follow the proposed AD based on those comments. packed avocados are transferred into a instructions for submitting comments. We will post all comments we non-refrigerated container, the boxes, • Fax: 202–493–2251. receive, without change, to http:// bins, or crates must be covered with a • Mail: U.S. Department of www.regulations.gov, including any lid, insect-proof mesh, or other material Transportation, Docket Operations, M– personal information you provide. We to protect the avocados from fruit-fly 30, West Building Ground Floor, Room will also post a report summarizing each infestation prior to leaving the W12–140, 1200 New Jersey Avenue SE., substantive verbal contact we receive packinghouse. Those safeguards must be Washington, DC 20590. about this proposed AD. intact at the time the consignment • Hand Delivery: U.S. Department of arrives in the United States. Transportation, Docket Operations, M– Discussion * * * * * 30, West Building Ground Floor, Room Transport Canada Civil Aviation W12–140, 1200 New Jersey Avenue SE., (TCCA), which is the aviation authority Done in Washington, DC, this 11th day of Washington, DC, between 9 a.m. and 5 for Canada, has issued Canadian February 2015. p.m., Monday through Friday, except Airworthiness Directive CF–2014–24, Kevin Shea, Federal holidays. dated August 5, 2014 (referred to after Administrator, Animal and Plant Health For service information identified in this as the Mandatory Continuing Inspection Service. this proposed AD, contact Bombardier, Airworthiness Information, or ‘‘the [FR Doc. 2015–03289 Filed 2–17–15; 8:45 am] Inc., 400 Coˆte-Vertu Road West, Dorval, MCAI’’), to correct an unsafe condition BILLING CODE 3410–34–P Que´bec H4S 1Y9, Canada; telephone for certain Bombardier, Inc. Model BD–
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100–1A10 (Challenger 300) airplanes. inspections that will ensure the List of Subjects in 14 CFR Part 39 The MCAI states: continued operational safety of the Air transportation, Aircraft, Aviation During testing of the software for an airplane. safety, Incorporation by reference, upgrade of the spoiler electronic control unit Costs of Compliance Safety. (SECU), a timing error between the Command and Monitor channels was found in the We estimate that this proposed AD The Proposed Amendment SECU software. This timing error, if not affects 107 airplanes of U.S. registry. Accordingly, under the authority corrected, in combination with the failure of We also estimate that it would take up the roll disconnect switch, may lead to a delegated to me by the Administrator, to 6 work-hours per product to comply the FAA proposes to amend 14 CFR part complete loss of spoiler functionality and with the basic requirements of this result in a reduction or complete loss of 39 as follows: aeroplane roll control. proposed AD. The average labor rate is This [TCCA] AD mandates the SECU $85 per work-hour. Based on these PART 39—AIRWORTHINESS software modification to correct the timing figures, we estimate the cost of this DIRECTIVES error and to change the inspection interval proposed AD on U.S. operators to be up for a maintenance task based on System to $54,570, or up to $510 per product. ■ 1. The authority citation for part 39 Functional Hazard Analysis [by revising the We have received no definitive data continues to read as follows: inspection or maintenance program.] on the parts cost for doing the Authority: 49 U.S.C. 106(g), 40113, 44701. You may examine the MCAI in the modification in this proposed AD. AD docket on the Internet at http:// § 39.13 [Amended] Authority for This Rulemaking www.regulations.gov by searching for ■ 2. The FAA amends § 39.13 by adding and locating Docket No. FAA–2015– Title 49 of the United States Code the following new airworthiness 0088. specifies the FAA’s authority to issue directive (AD): rules on aviation safety. Subtitle I, Bombardier, Inc.: Docket No. FAA–2015– Related Service Information Under 1 section 106, describes the authority of CFR Part 51 0088; Directorate Identifier 2014–NM– the FAA Administrator. ‘‘Subtitle VII: 179–AD. Bombardier, Inc. has issued Service Aviation Programs,’’ describes in more Bulletin 100–27–16, dated October 31, detail the scope of the Agency’s (a) Comments Due Date 2013. The service information describes authority. We must receive comments by April 6, procedures for modification and We are issuing this rulemaking under 2015. reidentification of the SECU. The the authority described in ‘‘Subtitle VII, (b) Affected ADs actions described in this service Part A, Subpart III, Section 44701: None. information are intended to correct the General requirements.’’ Under that unsafe condition identified in the section, Congress charges the FAA with (c) Applicability MCAI. This service information is promoting safe flight of civil aircraft in This AD applies to Bombardier, Inc. Model reasonably available; see ADDRESSES for air commerce by prescribing regulations BD–100–1A10 (Challenger 300) airplanes, ways to access this service information. for practices, methods, and procedures equipped with a spoiler electronic control unit (SECU) having part number (P/N) FAA’s Determination and Requirements the Administrator finds necessary for safety in air commerce. This regulation C47330–006, C47330–007, or C47330–008; of This Proposed AD certificated in any category. is within the scope of that authority This product has been approved by because it addresses an unsafe condition (d) Subject the aviation authority of another that is likely to exist or develop on Air Transport Association (ATA) of country, and is approved for operation products identified in this rulemaking America Code 27, Flight Controls. in the United States. Pursuant to our action. bilateral agreement with the State of (e) Reason Design Authority, we have been notified Regulatory Findings This AD was prompted by testing of the of the unsafe condition described in the We determined that this proposed AD spoiler electronic control unit (SECU) MCAI and service information software, which revealed a timing error would not have federalism implications between the command and monitor channels referenced above. We are proposing this under Executive Order 13132. This in the software. We are issuing this AD to AD because we evaluated all pertinent proposed AD would not have a prevent a timing error in the SECU software, information and determined an unsafe substantial direct effect on the States, on which, in combination with failure of the roll condition exists and is likely to exist or the relationship between the national disconnect switch, could result in complete develop on other products of the same Government and the States, or on the loss of spoiler functionality and consequent type design. distribution of power and reduced controllability of the airplane. This AD requires revisions to certain responsibilities among the various (f) Compliance operator maintenance documents to levels of government. include new actions (e.g., inspections). Comply with this AD within the For the reasons discussed above, I compliance times specified, unless already Compliance with these actions is certify this proposed regulation: done. required by 14 CFR 91.403(c). For 1. Is not a ‘‘significant regulatory airplanes that have been previously action’’ under Executive Order 12866; (g) Revise the Maintenance or Inspection modified, altered, or repaired in the 2. Is not a ‘‘significant rule’’ under the Program areas addressed by this AD, the operator DOT Regulatory Policies and Procedures Within 600 flight hours since the most may not be able to accomplish the (44 FR 11034, February 26, 1979); recent operational test of the aileron actions described in the revisions. In 3. Will not affect intrastate aviation in disconnect system for spoiler functionality as this situation, to comply with 14 CFR Alaska; and of the effective date of this AD, or within 400 flight hours after the effective date of this AD, 91.403(c), the operator must request 4. Will not have a significant whichever occurs first: Revise the approval for an alternative method of economic impact, positive or negative, maintenance or inspection program, as compliance according to paragraph (j)(1) on a substantial number of small entities applicable, to incorporate repetitive of this AD. The request should include under the criteria of the Regulatory operational tests of the aileron disconnect a description of changes to the required Flexibility Act. system for spoiler functionality, and all
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applicable corrective actions, using a method Renton, WA. For information on the 30, West Building Ground Floor, Room approved by the Manager, New York ACO, availability of this material at the FAA, call W12–140, 1200 New Jersey Avenue SE., ANE–170, FAA. 425–227–1221. Washington, DC, between 9 a.m. and 5 Note 1 to paragraph (g) of this AD: Issued in Renton, Washington, on February p.m., Monday through Friday, except Guidance on operational tests of the aileron 2, 2015. disconnect system can be found in the BD– Federal holidays. 100–1A10 Time Limits/Maintenance Checks Dionne Palermo, For service information identified in (TLMC) Manual. Acting Manager, Transport Airplane this proposed AD, contact Airbus SAS, Directorate, Aircraft Certification Service. Airworthiness Office—EAW, 1 Rond (h) Modification of the SECU [FR Doc. 2015–02695 Filed 2–17–15; 8:45 am] Point Maurice Bellonte, 31707 Blagnac Within 1,600 flight hours or 48 months BILLING CODE 4910–13–P Cedex, France; telephone +33 5 61 93 36 after the effective date of this AD, whichever 96; fax +33 5 61 93 44 51; email occurs first: Modify and re-identify the [email protected]; SECU, in accordance with the DEPARTMENT OF TRANSPORTATION Accomplishment Instructions of Bombardier Internet http://www.airbus.com. You may view this referenced service Service Bulletin 100–27–16, dated October Federal Aviation Administration 31, 2013. Doing the actions required by this information at the FAA, Transport paragraph terminates the actions required by Airplane Directorate, 1601 Lind Avenue paragraph (g) of this AD. 14 CFR Part 39 SW., Renton, WA. For information on (i) Parts Installation Prohibition [Docket No. FAA–2015–0242; Directorate the availability of this material at the Identifier 2014–NM–100–AD] As of the effective date of this AD, no FAA, call 425–227–1221. person may install an SECU, P/N C47330– RIN 2120–AA64 Examining the AD Docket 006, C47330–007, or C47330–008, on any airplane. Airworthiness Directives; Airbus You may examine the AD docket on Airplanes the Internet at http:// (j) Other FAA AD Provisions www.regulations.gov by searching for The following provisions also apply to this AGENCY: Federal Aviation and locating Docket No. FAA–2015– AD: Administration (FAA), DOT. 0242; or in person at the Docket (1) Alternative Methods of Compliance ACTION: Notice of proposed rulemaking Management Facility between 9 a.m. (AMOCs): The Manager, New York Aircraft (NPRM). Certification Office (ACO), ANE–170, FAA, and 5 p.m., Monday through Friday, except Federal holidays. The AD docket has the authority to approve AMOCs for this SUMMARY: We propose to adopt a new contains this proposed AD, the AD, if requested using the procedures found airworthiness directive (AD) for all in 14 CFR 39.19. In accordance with 14 CFR regulatory evaluation, any comments Airbus Model A300 B4–603, B4–605R, 39.19, send your request to your principal received, and other information. The B4–620, B4–622, B4–622R airplanes; all inspector or local Flight Standards District street address for the Docket Operations Airbus Model A300 C4–605R Variant F Office, as appropriate. If sending information office (telephone 800–647–5527) is in directly to the ACO, send it to ATTN: airplanes; and certain Airbus Model the ADDRESSES section. Comments will Program Manager, Continuing Operational A300 F4–605R airplanes. This proposed Safety, FAA, New York ACO, 1600 Stewart AD was prompted by the manufacturer’s be available in the AD docket shortly Avenue, Suite 410, Westbury, NY 11590; review of all repairs accomplished using after receipt. telephone 516–228–7300; fax 516–794–5531. the structural repair manual. This FOR FURTHER INFORMATION CONTACT: Dan Before using any approved AMOC, notify review was done using revised fatigue Rodina, Aerospace Engineer, your appropriate principal inspector, or and damage tolerance calculations. This International Branch, ANM–116, lacking a principal inspector, the manager of Transport Airplane Directorate, FAA, the local flight standards district office/ proposed AD would require an certificate holding district office. The AMOC inspection of the surrounding panels of 1601 Lind Avenue SW., Renton, WA approval letter must specifically reference the left and right forward passenger 98057–3356; telephone 425–227–2125; this AD. doors, and corrective actions if fax 425–227–1149. (2) Contacting the Manufacturer: For any necessary. We are proposing this AD to SUPPLEMENTARY INFORMATION: requirement in this AD to obtain corrective detect and correct previous incomplete Comments Invited actions from a manufacturer, the action must or inadequate repairs to the surrounding be accomplished using a method approved We invite you to send any written by the Manager, New York ACO, ANE–170, panels of the left and right forward FAA; or TCCA; or Bombardier, Inc.’s TCCA passenger doors and the fail-safe ring, relevant data, views, or arguments about DAO. If approved by the DAO, the approval which could negatively affect the this proposed AD. Send your comments must include the DAO-authorized signature. structural integrity of the airplane. to an address listed under the ADDRESSES section. Include ‘‘Docket No. (k) Related Information DATES: We must receive comments on this proposed AD by April 6, 2015. FAA–2015–0242; Directorate Identifier (1) Refer to Mandatory Continuing ADDRESSES: You may send comments, 2014–NM–100–AD’’ at the beginning of Airworthiness Information (MCAI) Canadian your comments. We specifically invite Airworthiness Directive CF–2014–24, dated using the procedures found in 14 CFR August 5, 2014, for related information. This 11.43 and 11.45, by any of the following comments on the overall regulatory, MCAI may be found in the AD docket on the methods: economic, environmental, and energy Internet at http://www.regulations.gov by • Federal eRulemaking Portal: Go to aspects of this proposed AD. We will searching for and locating Docket No. FAA– http://www.regulations.gov. Follow the consider all comments received by the FAA–2015–0088. instructions for submitting comments. closing date and may amend this (2) For service information identified in • Fax: 202–493–2251. proposed AD based on those comments. this AD, contact Bombardier, Inc., 400 Coˆte- • Mail: U.S. Department of We will post all comments we Vertu Road West, Dorval, Que´bec H4S 1Y9, receive, without change, to http:// Canada; telephone 514–855–5000; fax 514– Transportation, Docket Operations, M– 855–7401; email thd.crj@ 30, West Building Ground Floor, Room www.regulations.gov, including any aero.bombardier.com; Internet http:// W12–140, 1200 New Jersey Avenue SE., personal information you provide. We www.bombardier.com. You may view this Washington, DC 20590. will also post a report summarizing each service information at the FAA, Transport • Hand Delivery: U.S. Department of substantive verbal contact we receive Airplane Directorate, 1601 Lind Avenue SW., Transportation, Docket Operations, M– about this proposed AD.
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Discussion country, and is approved for operation this proposed AD on U.S. operators to The European Aviation Safety Agency in the United States. Pursuant to our be $663,000, or $10,200 per product. (EASA), which is the Technical Agent bilateral agreement with the State of In addition, we estimate that any for the Member States of the European Design Authority, we have been notified necessary follow-on actions would take Union, has issued EASA Airworthiness of the unsafe condition described in the up to 730 work-hours and require parts Directive 2014–0101, dated May 2, 2014 MCAI and service information costing up to $72,250, for a cost of up to $134,300 per product, depending on (referred to after this as the Mandatory referenced above. We are proposing this configuration. We have no way of Continuing Airworthiness Information, AD because we evaluated all pertinent determining the number of aircraft that or ‘‘the MCAI’’), to correct an unsafe information and determined an unsafe might need these actions. condition for all Airbus Model A300 condition exists and is likely to exist or B4–603, B4–605R, B4–620, B4–622, B4– develop on other products of these same Authority for This Rulemaking type designs. 622R airplanes; all Airbus Model A300 Title 49 of the United States Code C4–605R Variant F airplanes; and Explanation of ‘‘RC’’ Procedures and specifies the FAA’s authority to issue certain Airbus Model A300 F4–605R Tests in Service Information rules on aviation safety. Subtitle I, airplanes. The MCAI states: The FAA worked in conjunction with section 106, describes the authority of In the frame of the Ageing Airplane Safety industry, under the Airworthiness the FAA Administrator. ‘‘Subtitle VII: Rule (AASR), all existing Structural Repair Directives Implementation Aviation Aviation Programs,’’ describes in more Manual (SRM) repairs were reviewed. Rulemaking Committee (AD ARC), to detail the scope of the Agency’s This analysis, which consisted in new enhance the AD system. One authority. Fatigue and Damage Tolerance calculations, enhancement was a new process for We are issuing this rulemaking under revealed that some repairs in the area annotating which procedures and tests the authority described in ‘‘Subtitle VII, surrounding the forward passenger/crew Part A, Subpart III, Section 44701: door and the fail safe ring are no longer in the service information are required adequate. for compliance with an AD. General requirements.’’ Under that These repairs, if not reworked, could affect Differentiating these procedures and section, Congress charges the FAA with the structural integrity of the aeroplane. tests from other tasks in the service promoting safe flight of civil aircraft in To address this potential unsafe condition, information is expected to improve an air commerce by prescribing regulations Airbus issued Service Bulletin (SB) A300– owner’s/operator’s understanding of for practices, methods, and procedures 53–6173 (later revised), to provide crucial AD requirements and help the Administrator finds necessary for instructions for the inspection of repairs on provide consistent judgment in AD safety in air commerce. This regulation the left-hand (LH) and right-hand (RH) compliance. The actions specified in the is within the scope of that authority forward door surrounding panels. service information identified because it addresses an unsafe condition For the reasons described above, and that is likely to exist or develop on further to the AASR implementation, this previously include procedures and tests [EASA] AD requires a one-time inspection of that are identified as RC (required for products identified in this rulemaking the forward door surrounding panels to compliance) because these procedures action. identify SRM repairs in these areas and, have a direct effect on detecting, Regulatory Findings depending on findings, accomplishment of preventing, resolving, or eliminating an applicable corrective action(s). identified unsafe condition. We determined that this proposed AD would not have federalism implications Corrective actions include contacting As specified in a Note under the under Executive Order 13132. This the manufacturer for rework approval or Accomplishment Instructions of the proposed AD would not have a repair instructions. specified service information, substantial direct effect on the States, on You may examine the MCAI in the procedures and tests identified as RC the relationship between the national AD docket on the Internet at http:// must be done to comply with the Government and the States, or on the www.regulations.gov by searching for proposed AD. However, procedures and distribution of power and and locating Docket No. FAA–2015– tests that are not identified as RC are responsibilities among the various 0242. recommended. Those procedures and tests that are not identified as RC may levels of government. For the reasons discussed above, I Related Service Information Under 1 be deviated from using accepted CFR Part 51 certify this proposed regulation: methods in accordance with the 1. Is not a ‘‘significant regulatory Airbus has issued Service Bulletin operator’s maintenance or inspection action’’ under Executive Order 12866; A300–53–6173, Revision 01, dated program without obtaining approval of 2. Is not a ‘‘significant rule’’ under the February 28, 2014. The service an alternative method of compliance DOT Regulatory Policies and Procedures information describes procedures for a (AMOC), provided the procedures and (44 FR 11034, February 26, 1979); one-time detailed of the area tests identified as RC can be done and 3. Will not affect intrastate aviation in surrounding the forward passenger/crew the airplane can be put back in a Alaska; and door and the fail safe ring to determine serviceable condition. Any substitutions 4. Will not have a significant if any repairs have been done, and or changes to procedures or tests economic impact, positive or negative, corrective actions. The actions identified as RC will require approval of on a substantial number of small entities described in this service information are an AMOC. under the criteria of the Regulatory intended to correct the unsafe condition Flexibility Act. identified in the MCAI. This service Costs of Compliance information is reasonably available; see We estimate that this proposed AD List of Subjects in 14 CFR Part 39 ADDRESSES for ways to access this affects 65 airplanes of U.S. registry. Air transportation, Aircraft, Aviation service information. We also estimate that it would take safety, Incorporation by reference, about 120 work-hours per product to Safety. FAA’s Determination and Requirements comply with the basic requirements of of This Proposed AD this proposed AD. The average labor The Proposed Amendment This product has been approved by rate is $85 per work-hour. Based on Accordingly, under the authority the aviation authority of another these figures, we estimate the cost of delegated to me by the Administrator,
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the FAA proposes to amend 14 CFR part (h) Identification of Repairs service information contains procedures or 39 as follows: If any affected repair is found during the tests that are identified as RC, those inspection required by paragraph (g) of this procedures and tests must be done to comply PART 39—AIRWORTHINESS AD: Before further flight, identify the with this AD; any procedures and tests that DIRECTIVES reworked area(s), the percentage of the are not identified as RC are recommended. rework, and the limits of the rework, in Those procedures and tests that are not ■ 1. The authority citation for part 39 accordance with the Accomplishment identified as RC may be deviated from using continues to read as follows: Instructions of Airbus Service Bulletin A300– accepted methods in accordance with the 53–6173, Revision 01, dated February 28, operator’s maintenance or inspection Authority: 49 U.S.C. 106(g), 40113, 44701. 2014. program without obtaining approval of an AMOC, provided the procedures and tests § 39.13 [Amended] (i) Corrective Actions identified as RC can be done and the airplane ■ 2. The FAA amends § 39.13 by adding During the repair identification required by can be put back in a serviceable condition. the following new airworthiness paragraph (h) of this AD, if any rework is Any substitutions or changes to procedures directive (AD): found that is outside the allowable damage or tests identified as RC require approval of an AMOC. Airbus: Docket No. FAA–2015–0242; limits specified in Airbus Service Bulletin (3) Contacting the Manufacturer: For any Directorate Identifier 2014–NM–100–AD. A300–53–6173, Revision 01, dated February 28, 2014: Before further flight, rework or requirement in this AD to obtain corrective (a) Comments Due Date repair, as applicable, using a method actions from a manufacturer, the action must approved by the Manager, International be accomplished using a method approved We must receive comments by April 6, Branch, ANM–116, Transport Airplane by the Manager, International Branch, ANM– 2015. Directorate, FAA; the European Aviation 116, Transport Airplane Directorate, FAA; (b) Affected ADs Safety Agency (EASA); or Airbus’s EASA the EASA; or Airbus’s EASA DOA. If Design Organization Approval (DOA). approved by the DOA, the approval must None. include the DOA-authorized signature. (j) Exception to Service Information (c) Applicability Specifications (m) Related Information This AD applies to the Airbus airplanes Although Airbus Service Bulletin A300– (1) Refer to Mandatory Continuing identified in paragraphs (c)(1), (c)(2), and 53–6173, Revision 01, dated February 28, Airworthiness Information (MCAI) EASA (c)(3) of this AD, certificated in any category. 2014, specifies to contact Airbus for repair Airworthiness Directive 2014–0101, dated (1) Model A300 B4–603, B4–605R, B4–620, May 2, 2014, for related information. This B4–622, and B4–622R airplanes, all instructions, and specifies that action as MCAI may be found in the AD docket on the manufacturer serial numbers. ‘‘RC’’ (Required for Compliance), this AD Internet at http://www.regulations.gov by (2) Model A300 C4–605R Variant F requires repair before further flight using a searching for and locating Docket No. FAA– airplanes, all manufacturer serial numbers. method approved by the Manager, 2015–0242. (3) Model A300F4–605R airplanes, all International Branch, ANM–116, Transport (2) For service information identified in manufacturer serial numbers, except those on Airplane Directorate, FAA; EASA; or this AD, contact Airbus SAS, Airworthiness which Airbus Modification 12699 was Airbus’s EASA DOA. Office—EAW, 1 Rond Point Maurice embodied in production. (k) Credit for Previous Actions Bellonte, 31707 Blagnac Cedex, France; (d) Subject This paragraph provides credit for the telephone +33 5 61 93 36 96; fax +33 5 61 Air Transport Association (ATA) of actions required by paragraphs (g) and (h) of 93 44 51; email account.airworth-eas@ America Code 53, Fuselage. this AD, if those actions were performed airbus.com; Internet http://www.airbus.com. before the effective date of this AD using You may view this service information at the (e) Reason Airbus Service Bulletin A300–53–6173, FAA, Transport Airplane Directorate, 1601 This AD was prompted by the dated August 1, 2013, which is not Lind Avenue SW., Renton, WA. For manufacturer’s review of all repairs incorporated by reference in this AD. information on the availability of this material at the FAA, call 425–227–1221. accomplished using the structural repair (l) Other FAA AD Provisions manual. This review was done using revised The following provisions also apply to this Issued in Renton, Washington, on February fatigue and damage tolerance calculations. 2, 2015. We are issuing this AD to detect and correct AD: Dionne Palermo, previous incomplete or inadequate repairs to (1) Alternative Methods of Compliance the surrounding panels of the left and right (AMOCs): The Manager, International Acting Manager, Transport Airplane forward passenger doors and the fail-safe Branch, ANM–116, Transport Airplane Directorate, Aircraft Certification Service. ring, which could negatively affect the Directorate, FAA, has the authority to [FR Doc. 2015–02920 Filed 2–17–15; 8:45 am] approve AMOCs for this AD, if requested structural integrity of the airplane. BILLING CODE 4910–13–P using the procedures found in 14 CFR 39.19. (f) Compliance In accordance with 14 CFR 39.19, send your request to your principal inspector or local Comply with this AD within the DEPARTMENT OF TRANSPORTATION compliance times specified, unless already Flight Standards District Office, as done. appropriate. If sending information directly to the International Branch, send it to ATTN: Federal Aviation Administration (g) Inspection Dan Rodina, Aerospace Engineer, At the time specified in paragraph (g)(1) or International Branch, ANM–116, Transport 14 CFR Part 39 (g)(2) of this AD, whichever is later: Do a Airplane Directorate, FAA, 1601 Lind [Docket No. FAA–2015–0245; Directorate detailed inspection of the surrounding panels Avenue SW., Renton, WA 98057–3356; Identifier 2014–NM–135–AD] of the left and right forward passenger doors telephone 425–227–2125; fax 425–227–1149. to determine if any repairs have been done, Information may be emailed to: 9–ANM–116– RIN 2120–AA64 in accordance with the Accomplishment AMOC–[email protected]. Before using Instructions of Airbus Service Bulletin A300– any approved AMOC, notify your appropriate Airworthiness Directives; The Boeing 53–6173, Revision 01, dated February 28, principal inspector, or lacking a principal Company Airplanes 2014. inspector, the manager of the local flight (1) Prior to the accumulation of 30,000 standards district office/certificate holding AGENCY: Federal Aviation total flight cycles or 67,500 total flight hours, district office. The AMOC approval letter Administration (FAA), DOT. whichever occurs first. must specifically reference this AD. ACTION: Notice of proposed rulemaking (2) Within 28 months after the effective (2) Required for Compliance (RC): Except (NPRM). date of this AD. as required by paragraph (j) of this AD, if the
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SUMMARY: We propose to supersede Examining the AD Docket ability of the flightcrew to read primary Airworthiness Directive (AD) 2012–24– You may examine the AD docket on displays for airplane attitude, altitude, 10, which applies to certain The Boeing the Internet at http:// or airspeed, and consequently reduce Company Model 747–400 and -400F www.regulations.gov by searching for the ability of the flightcrew to maintain series airplanes. AD 2012–24–10 and locating Docket No. FAA–2015– control of the airplane. currently requires installing new 0245; or in person at the Docket Actions Since AD 2012–24–10, software, replacing the duct assembly Management Facility between 9 a.m. Amendment 39–17280 (77 FR 73908, with a new duct assembly, making and 5 p.m., Monday through Friday, December 12, 2012), Was Issued wiring changes, and routing certain wire except Federal holidays. The AD docket bundles. Since we issued AD 2012–24– Since we issued AD 2012–24–10, contains this proposed AD, the Amendment 39–17280 (77 FR 73908, 10, we have received new reports of regulatory evaluation, any comments intermittent or blank displays of a December 12, 2012), we have received received, and other information. The reports of intermittent or blank displays certain integrated display unit (IDU) street address for the Docket Office that were due to an intermittent false of a certain IDU in the flight deck that (phone: 800–647–5527) is in the were due to an intermittent false ground ground not addressed by the software ADDRESSES section. Comments will be installation or wiring changes required not addressed by the software available in the AD docket shortly after installation or wiring changes required by AD 2012–24–10. This proposed AD receipt. would retain the requirements of AD by AD 2012–24–10. The false ground FOR FURTHER INFORMATION CONTACT: Ana 2012–24–10 and would require exists on the 25,000 foot altitude analog/ Martinez Hueto, Aerospace Engineer, installing a new or serviceable pressure discrete signal of the environmental Cabin Safety and Environmental switch bracket and altitude pressure control systems miscellaneous card, Systems Branch, ANM–150S, FAA, switch, and add an airplane to the which is a signal that is transmitted to Seattle Aircraft Certification Office applicability of the existing AD. We are the pack temperature controller. This (ACO), 1601 Lind Avenue SW., Renton, proposing this AD to prevent IDU false ground creates a potential to WA 98057–3356; phone: 425–917–6592; malfunctions, which could affect the circumvent the control logic by allowing fax: 425–917–6591; email: ability of the flightcrew to read primary the 3-way valve to switch air sources [email protected]. displays for airplane attitude, altitude, before an aircraft reaches an altitude of or airspeed, and consequently reduce SUPPLEMENTARY INFORMATION: 25,000 feet, defeating the intent of the corrective actions of AD 2012–24–10. the ability of the flightcrew to maintain Comments Invited We have determined that the control of the airplane. We invite you to send any written installation of a pressure switch bracket DATES: We must receive comments on relevant data, views, or arguments about and an altitude pressure switch is this proposed AD by April 6, 2015. this proposed AD. Send your comments needed on the forward side of the ADDRESSES: You may send comments, to an address listed under the station 400 bulkhead to achieve an using the procedures found in 14 CFR ADDRESSES section. Include ‘‘Docket No. adequate level of safety. The installation 11.43 and 11.45, by any of the following FAA–2015–0245; Directorate Identifier of the altitude pressure switch would methods: 2014–NM–135–AD’’ at the beginning of change the operating logic for the three- • Federal eRulemaking Portal: Go to your comments. We specifically invite way valve, so that the source for http://www.regulations.gov. Follow the comments on the overall regulatory, equipment cooling air is changed as the instructions for submitting comments. economic, environmental, and energy airplane transitions through an altitude of 25,000 feet. Since we issued AD • Fax: 202–493–2251. aspects of this proposed AD. We will • consider all comments received by the 2012–24–10, Boeing issued Special Mail: U.S. Department of closing date and may amend this Attention Service Bulletin 747–21– Transportation, Docket Operations, M– proposed AD because of those 2532; and Special Attention Service 30, West Building Ground Floor, Room comments. Bulletin 747–21–2533; both dated W12–140, 1200 New Jersey Avenue SE., We will post all comments we February 13, 2014; which contain Washington, DC 20590. receive, without change, to http:// procedures for installing the pressure • Hand Delivery: Deliver to Mail www.regulations.gov, including any switch bracket and altitude pressure address above between 9 a.m. and 5 personal information you provide. We switch discussed previously. p.m., Monday through Friday, except will also post a report summarizing each Since we issued AD 2012–24–10, Federal holidays. substantive verbal contact we receive Amendment 39–17280 (77 FR 73908, For service information identified in about this proposed AD. December 12, 2012), Boeing also issued this proposed AD, contact Boeing a revision to Boeing Alert Service Commercial Airplanes, Attention: Data Discussion Bulletin 747–21A2523, Revision 1, & Services Management, P. O. Box 3707, On November 30, 2012, we issued AD dated October 3, 2011 (which was MC 2H–65, Seattle, WA 98124–2207; 2012–24–10, Amendment 39–17280 (77 referenced as a source of service telephone 206–544–5000, extension 1; FR 73908, December 12, 2012), for information in AD 2012–24–10). Boeing fax 206–766–5680; Internet https:// certain The Boeing Company Model Alert Service Bulletin 747–21A2523, www.myboeingfleet.com.You may view 747–400 and -400F series airplanes. AD Revision 2, dated June 7, 2013, was this referenced service information at 2012–24–10 requires installing new issued to correct wiring instructions for the FAA, Transport Airplane software, replacing the duct assembly 747–400BCF airplanes that provide Directorate, 1601 Lind Avenue SW., with a new duct assembly, making crew rest heat below a 25,000 foot Renton, WA. For information on the wiring changes, and routing certain wire altitude, and to add an airplane availability of this material at the FAA, bundles. AD 2012–24–10 resulted from configuration having variable number call 425–227–1221. It is also available multiple reports of integrated display RT061 as Group 21 to the effectivity. on the Internet at http:// unit (IDU) malfunctions and mode The airplane that was added was www.regulations.gov by searching for control panel (MCP) malfunctions. We recently converted from a passenger to and locating Docket No. FAA–2015– issued AD 2012–24–10 to prevent IDU a freighter configuration, which this 0245. malfunctions, which could affect the proposed AD addresses. Since this
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proposed AD adds this new airplane procedures for installing an altitude and determined the unsafe condition group to the applicability, we have pressure switch on the forward side of described previously is likely to exist or added paragraph (j) to this proposed the station 400 bulkhead for the three- develop in other products of these same AD, which provides new compliance way valve of the equipment cooling type designs. times for Group 21 airplanes. system. Boeing also issued Boeing Special Attention Service Bulletin 747– Proposed AD Requirements Related Service Information Under 1 21–2533, dated February 13, 2014. This CFR Part 51 This proposed AD would retain all of service information describes the requirements of AD 2012–24–10, Boeing issued Boeing Alert Service procedures for adding a second altitude Bulletin 747–21A2523, Revision 2, signal to the switching logic for the Amendment 39–17280 (77 FR 73908, dated June 7, 2013. This service three-way valve to provide a second, December 12, 2012.) This proposed AD information describes procedures for independent, altitude signal for the would also require installing a pressure changing the wiring and operating logic equipment cooling system. switch bracket and altitude pressure of the equipment cooling three-way For information on the procedures switch, and would add an airplane to valve and replacing the existing duct and compliance times, see this service the applicability. assembly with a new duct assembly on information. This service information is Costs of Compliance the main distribution manifold of the air reasonably available; see ADDRESSES for conditioning system. ways to access this service information. We estimate that this proposed AD Boeing also issued Boeing Special affects 33 airplanes of U.S. registry. Attention Service Bulletin 747–21– FAA’s Determination 2532, dated February 13, 2014. This We are proposing this AD because we We estimate the following costs to service information describes evaluated all the relevant information comply with this proposed AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Duct assembly and replacement wiring 44 work-hours × $85 per hour = $3,740 ...... $20,121 $23,861 $787,413 changes (retained actions from AD 2012– 24–10, Amendment 39–17280 (77 FR 73908, December 12, 2012). Software changes (retained actions from AD 3 work-hours × $85 per hour = $255 ...... 0 255 8,415 2012–24–10, Amendment 39–17280 (77 FR 73908, December 12, 2012). Altitude pressure switch installation (new pro- 13 work-hours × $85 per hour = $1,105 ...... 5,230 6,335 209,055 posed action).
According to the manufacturer, some products identified in this rulemaking List of Subjects in 14 CFR Part 39 of the costs of this proposed AD may be action. Air transportation, Aircraft, Aviation covered under warranty, thereby safety, Incorporation by reference, reducing the cost impact on affected Regulatory Findings Safety. individuals. We do not control warranty We have determined that this coverage for affected individuals. As a proposed AD would not have federalism The Proposed Amendment result, we have included all costs in our implications under Executive Order Accordingly, under the authority cost estimate. 13132. This proposed AD would not delegated to me by the Administrator, Authority for This Rulemaking have a substantial direct effect on the the FAA proposes to amend 14 CFR part States, on the relationship between the 39 as follows: Title 49 of the United States Code national Government and the States, or specifies the FAA’s authority to issue on the distribution of power and PART 39—AIRWORTHINESS rules on aviation safety. Subtitle I, responsibilities among the various DIRECTIVES Section 106, describes the authority of levels of government. the FAA Administrator. Subtitle VII, ■ 1. The authority citation for part 39 For the reasons discussed above, I Aviation Programs, describes in more continues to read as follows: detail the scope of the Agency’s certify that the proposed regulation: Authority: 49 U.S.C. 106(g), 40113, 44701. authority. (1) Is not a ‘‘significant regulatory We are issuing this rulemaking under action’’ under Executive Order 12866, § 39.13 [Amended] the authority described in Subtitle VII, (2) Is not a ‘‘significant rule’’ under ■ 2. The FAA amends § 39.13 by Part A, Subpart III, Section 44701, the DOT Regulatory Policies and removing Airworthiness Directive (AD) ‘‘General requirements.’’ Under that Procedures (44 FR 11034, February 26, 2012–24–10, Amendment 39–17280 (77 section, Congress charges the FAA with 1979), FR 73908, December 12, 2012), and promoting safe flight of civil aircraft in adding the following new AD: air commerce by prescribing regulations (3) Will not affect intrastate aviation for practices, methods, and procedures in Alaska, and The Boeing Company: Docket No. FAA– the Administrator finds necessary for (4) Will not have a significant 2015–0245; Directorate Identifier 2014– NM–135–AD. safety in air commerce. This regulation economic impact, positive or negative, is within the scope of that authority on a substantial number of small entities (a) Comments Due Date because it addresses an unsafe condition under the criteria of the Regulatory The FAA must receive comments on this that is likely to exist or develop on Flexibility Act. AD action by April 6, 2015.
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(b) Affected ADs Amendment 39–17280 (77 FR 73908, paragraph (m)(1) of this AD. Information may This AD replaces AD 2012–24–10, December 12, 2012), with revised service be emailed to: 9-ANM-Seattle-ACO-AMOC- Amendment 39–17280 (77 FR 73908, information. Within 60 months after January [email protected]. December 12, 2012). 16, 2013 (the effective date of AD 2012–24– (2) Before using any approved AMOC, 10), except as provided by paragraph (j) of notify your appropriate principal inspector, (c) Applicability this AD: Replace the duct assembly with a or lacking a principal inspector, the manager This AD applies to The Boeing Company new duct assembly, do wiring changes, and of the local flight standards district office/ Model 747–400 and –400F series airplanes, route certain wire bundles, in accordance certificate holding district office. certificated in any category, as identified in with the Accomplishment Instructions of (3) An AMOC that provides an acceptable Boeing Alert Service Bulletin 747–21A2523, Boeing Alert Service Bulletin 747–21A2523, level of safety may be used for any repair Revision 2, dated June 7, 2013. Revision 1, dated October 3, 2011; or Boeing required by this AD if it is approved by Alert Service Bulletin 747–21A2523, Boeing Commercial Airplanes Organization (d) Subject Revision 2, dated June 7, 2013. As of the Designation Authorization (ODA) that has Air Transport Association (ATA) of effective date of this AD, only Boeing Alert been authorized by the Manager, Seattle America Code 21, Air Conditioning; 31, Service Bulletin 747–21A2523, Revision 2, ACO, to make those findings. For a repair Instruments. dated June 7, 2013, may be used to method to be approved, the repair must meet accomplish the actions required by this the certification basis of the airplane, and the (e) Unsafe Condition paragraph. approval must specifically refer to this AD. This AD was prompted by reports of (4) AMOCs approved for AD 2012–24–10, intermittent or blank displays of a certain (i) New Installation of Pressure Switch Amendment 39–17280 (77 FR 73908, integrated display unit (IDU) in the flight Bracket and Altitude Pressure Switch December 12, 2012), are approved as AMOCs deck. We are issuing this AD to prevent IDU Within 60 months after the effective date for the corresponding provisions of malfunctions, which could affect the ability of this AD: Install a new or serviceable paragraphs (g) and (h) of this AD. of the flightcrew to read primary displays for pressure switch bracket and a new or airplane attitude, altitude, or airspeed, and serviceable altitude pressure switch on the (m) Related Information consequently reduce the ability of the forward side of the station 400 bulkhead, do (1) For more information about this AD, flightcrew to maintain control of the airplane. wiring changes, route certain wire bundles, contact Ana Martinez Hueto, Aerospace install a new hose assembly, and perform a Engineer, Cabin Safety and Environmental (f) Compliance leak check and a functional logic test, in Systems Branch, ANM–150S, FAA, Seattle Comply with this AD within the accordance with the Accomplishment Aircraft Certification Office (ACO), 1601 Lind compliance times specified, unless already Instructions of the service information Avenue SW., Renton, WA 98057–3356; done. specified in paragraph (i)(1) or (i)(2) of this phone: 425–917–6592; fax: 425–917–6591; AD, as applicable. (g) Retained Software Update email: [email protected]. (1) For Model 747–400F series airplanes: (2) For service information identified in This paragraph restates the requirements of Boeing Alert Service Bulletin 747–21–2532, this AD, contact Boeing Commercial paragraph (g) of AD 2012–24–10, dated February 13, 2014. Airplanes, Attention: Data & Services Amendment 39–17280 (77 FR 73908, (2) For Model 747–400BCF series Management, P.O. Box 3707, MC 2H–65, December 12, 2012), with revised service airplanes: Boeing Alert Service Bulletin 747– Seattle, WA 98124–2207; telephone 206– information. Within 12 months after January 21–2533, dated February 13, 2014. 544–5000, extension 1; fax 206–766–5680; 16, 2013 (the effective date of AD 2012–24– (j) Actions for Group 21 Airplanes Internet https://www.myboeingfleet.com. You 10), except as provided by paragraph (j) of may view this referenced service information this AD: Install integrated display system For Group 21 airplanes, as identified in at the FAA, Transport Airplane Directorate, software, in accordance with the Boeing Alert Service Bulletin 747–21A2523, 1601 Lind Avenue SW., Renton, Washington. Accomplishment Instructions of Boeing Alert Revision 2, dated June 7, 2013, do the actions For information on the availability of this Service Bulletin 747–21A2523, Revision 1, specified in paragraphs (j)(1) and (j)(2) of this material at the FAA, call 425–227–1221. dated October 3, 2011; or Boeing Alert AD, in accordance with the Accomplishment Service Bulletin 747–21A2523, Revision 2, Instructions of Boeing Alert Service Bulletin Issued in Renton, Washington, on February dated June 7, 2013. As of the effective date 747–21A2523, Revision 2, dated June 7, 2, 2015. of this AD, only Boeing Alert Service Bulletin 2013. Dionne Palermo, 747–21A2523, Revision 2, dated June 7, (1) Within 12 months after the effective Acting Manager, Transport Airplane 2013, may be used to accomplish the actions date of this AD, install integrated display Directorate, Aircraft Certification Service. required by this paragraph. system software. Note 1 to paragraph (g) and (j) of this AD: (2) Within 60 months after the effective [FR Doc. 2015–02925 Filed 2–17–15; 8:45 am] Boeing Alert Service Bulletin 747–21A2523, date of this AD, replace the duct assembly BILLING CODE 4910–13–P Revision 1, dated October 3, 2011; and with a new duct assembly, do wiring Boeing Alert Service Bulletin 747–21A2523, changes, and route certain wire bundles. Revision 2, dated June 7, 2013; refer to DEPARTMENT OF TRANSPORTATION Boeing Service Bulletin 747–31–2426, dated (k) Credit for Previous Actions July 29, 2010 (for airplanes with Rolls-Royce This paragraph provides credit for actions Federal Aviation Administration engines); Boeing Service Bulletin 747–31– required by paragraphs (g) and (h) of this AD, 2427, dated July 29, 2010 (for airplanes with if those actions were performed before the 14 CFR Part 39 General Electric engines); and Boeing Service effective date of this AD using Boeing Alert Bulletin 747–31–2428, dated July 29, 2010 Service Bulletin 747–21A2523, Revision 1, [Docket No. FAA–2015–0243; Directorate (for airplanes with Pratt & Whitney engines); dated October 3, 2011. Identifier 2014–NM–114–AD] as additional sources of guidance for the (l) Alternative Methods of Compliance software installation specified by paragraph RIN 2120–AA64 (AMOCs) (g) of this AD. Boeing Service Bulletin 747– 31–2426, dated July 29, 2010; Boeing Service (1) The Manager, Seattle Aircraft Airworthiness Directives; Airbus Bulletin 747–31–2427, dated July 29, 2010; Certification Office (ACO), FAA, has the Airplanes and Boeing Service Bulletin 747–31–2428, authority to approve AMOCs for this AD, if AGENCY: Federal Aviation dated July 29, 2010; are not incorporated by requested using the procedures found in 14 reference in this AD. CFR 39.19. In accordance with 14 CFR 39.19, Administration (FAA), DOT. send your request to your principal inspector ACTION: Notice of proposed rulemaking (h) Retained Duct Assembly Replacement or local Flight Standards District Office, as (NPRM). and Wiring Changes appropriate. If sending information directly This paragraph restates the requirements of to the manager of the ACO, send it to the SUMMARY: We propose to adopt a new paragraph (h) of AD 2012–24–10, attention of the person identified in airworthiness directive (AD) for all
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Airbus Model A300 series airplanes; Management Facility between 9 a.m. Investigations revealed that the cracks were Model A300 B4–600, B4–600R, and F4– and 5 p.m., Monday through Friday, caused by stress corrosion and propagated 600R series airplanes, and A300 C4– except Federal holidays. The AD docket from the inside to the outside of the strut. This condition, if not detected and 605R Variant F airplanes (collectively contains this proposed AD, the corrected, could lead to the rupture of all called Model A300–600 series regulatory evaluation, any comments four THS support struts at FR91, which airplanes); and Model A310 series received, and other information. The would make the remaining structure unable airplanes. This proposed AD was street address for the Docket Operations to carry limit loads, potentially resulting in prompted by reports of cracked office (telephone 800–647–5527) is in loss of the Horizontal Tail Plane. aluminum support struts of the the ADDRESSES section. Comments will To address this unsafe condition, EASA trimmable horizontal stabilizer (THS) be available in the AD docket shortly issued [EASA] AD 2014–0121 [http:// caused by stress corrosion. This after receipt. ad.easa.europa.eu/ad/2014-0121] to require repetitive High Frequency Eddy Current proposed AD would require inspections FOR FURTHER INFORMATION CONTACT: Dan (HFEC) inspections of the THS support strut to identify the part number of each Rodina, Aerospace Engineer, ends, installation of reinforcing clamps on support strut, repetitive inspections for International Branch, ANM–116, strut ends and, depending on findings, cracking of the THS support strut ends, replacement of damaged support struts. Transport Airplane Directorate, FAA, installation of reinforcing clamps on Installation of reinforcing clamps on strut 1601 Lind Avenue SW., Renton, WA strut ends, and replacement of support ends is considered a temporary solution 98057–3356; telephone 425–227–2125; struts, if necessary. We are proposing pending introduction of a re-designed fax 425–227–1149. support strut. this AD to detect and correct cracked Since that [EASA] AD was issued, it was THS support struts, which could lead to SUPPLEMENTARY INFORMATION: discovered that the [EASA] AD appeared to the rupture of all four support struts Comments Invited also require HFEC inspections of steel struts, making the remaining structure unable which are not prone to cracking. The unsafe to carry limit loads, which could result We invite you to send any written condition exists only on support struts made in loss of the THS and reduced control relevant data, views, or arguments about of aluminum, which were introduced of the airplane. this proposed AD. Send your comments through Airbus modification (mod) 06101, but may also have been installed in service DATES: We must receive comments on to an address listed under the as replacement parts on aeroplanes in pre- this proposed AD by April 6, 2015. ADDRESSES section. Include ‘‘Docket No. mod 06101 configuration. ADDRESSES: You may send comments, FAA–2015–0243; Directorate Identifier For the reason described above, this using the procedures found in 14 CFR 2014–NM–114–AD’’ at the beginning of [EASA] AD retains the requirements of EASA 11.43 and 11.45, by any of the following your comments. We specifically invite AD 2014–0121, which is superseded, and clarifies the need for an initial identification methods: comments on the overall regulatory, • economic, environmental, and energy of the support struts installed on aeroplanes Federal eRulemaking Portal: Go to in pre-mod 06101 configuration. The related http://www.regulations.gov. Follow the aspects of this proposed AD. We will Airbus Service Bulletins (SB) remain instructions for submitting comments. consider all comments received by the unchanged. • Fax: 202–493–2251. closing date and may amend this • proposed AD based on those comments. You may examine the MCAI in the Mail: U.S. Department of AD docket on the Internet at http:// Transportation, Docket Operations, M– We will post all comments we www.regulations.gov by searching for 30, West Building Ground Floor, Room receive, without change, to http:// and locating Docket No. FAA–2015– W12–140, 1200 New Jersey Avenue SE., www.regulations.gov, including any 0243. Washington, DC 20590. personal information you provide. We • Hand Delivery: U.S. Department of will also post a report summarizing each Relevant Service Information Under 1 Transportation, Docket Operations, M– substantive verbal contact we receive CFR Part 51 30, West Building Ground Floor, Room about this proposed AD. Airbus has issued the following W12–140, 1200 New Jersey Avenue SE., Discussion service information. The actions Washington, DC, between 9 a.m. and 5 described in this service information are p.m., Monday through Friday, except The European Aviation Safety Agency intended to correct the unsafe condition Federal holidays. (EASA), which is the Technical Agent identified in the MCAI. For service information identified in for the Member States of the European • Airbus Service Bulletin A300–53– this proposed AD, contact Airbus SAS, Union, has issued EASA Airworthiness 0394, dated February 14, 2014. This Airworthiness Office—EAW, 1 Rond Directive 2014–0164, dated July 11, service information describes Point Maurice Bellonte, 31707 Blagnac 2014 (referred to after this as the procedures for reinforcing the support Cedex, France; telephone +33 5 61 93 36 Mandatory Continuing Airworthiness struts of the THS at frame 91 in the 96; fax +33 5 61 93 44 51; email Information, or ‘‘the MCAI’’), to correct fuselage tail section of Airbus Model [email protected]; an unsafe condition for all Airbus A300 series airplanes. Internet http://www.airbus.com. You Model A300 series airplanes; Model • Airbus Service Bulletin A300–53– may view this referenced service A300 B4–600, B4–600R, and F4–600R 0395, dated February 14, 2014. This information at the FAA, Transport series airplanes, and A300 C4–605R service information describes Airplane Directorate, 1601 Lind Avenue Variant F airplanes (collectively called procedures for inspecting for cracking of SW., Renton, WA. For information on Model A300–600 series airplanes); and the support struts of the THS at frame the availability of this material at the Model A310 series airplanes. The MCAI 91 in the fuselage tail section of Airbus FAA, call 425–227–1221. states: Model A300 series airplanes. • Airbus Service Bulletin A300–53– Examining the AD Docket During scheduled maintenance, several 6172, dated February 14, 2014. This Trimmable Horizontal Stabilizer (THS) You may examine the AD docket on support struts were found cracked at the strut service information describes the Internet at http:// ends. The THS is supported and articulated procedures for reinforcing the support www.regulations.gov by searching for at frame (FR) 91 in the tail cone. Lateral struts of the THS at frame 91 in the and locating Docket No. FAA–2015– movement is prevented by four diagonal fuselage tail section of Airbus Model 0243; or in person at the Docket support struts. A300–600 series airplanes.
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• Airbus Service Bulletin A300–53– this proposed AD. The average labor Regulatory Findings 6174, dated February 14, 2014. This rate is $85 per work-hour. Required We determined that this proposed AD service information describes parts would cost about $2,100 per would not have federalism implications procedures for inspecting for cracking of product. Based on these figures, we under Executive Order 13132. This the support struts of the THS at frame estimate the cost of this proposed AD on proposed AD would not have a 91 in the fuselage tail section of Airbus U.S. operators to be $439,350, or $2,525 substantial direct effect on the States, on Model A300–600 series airplanes. per product. • the relationship between the national Airbus Service Bulletin A310–53– In addition, we estimate that any Government and the States, or on the 2136, dated February 14, 2014. This necessary follow-on actions would take distribution of power and service information describes about 15 work-hours and require parts responsibilities among the various procedures for reinforcing the support costing $10,000, for a cost of $11,275 levels of government. struts of the THS at frame 91 in the per product. We have no way of For the reasons discussed above, I fuselage tail section of Airbus Model determining the number of aircraft that certify this proposed regulation: A310 series airplanes. 1. Is not a ‘‘significant regulatory • might need these actions. Airbus Service Bulletin A310–53– action’’ under Executive Order 12866; 2137, dated February 14, 2014. This Paperwork Reduction Act 2. Is not a ‘‘significant rule’’ under the service information describes DOT Regulatory Policies and Procedures procedures for inspecting for cracking of A federal agency may not conduct or (44 FR 11034, February 26, 1979); the support struts of the THS at frame sponsor, and a person is not required to 3. Will not affect intrastate aviation in 91 in the fuselage tail section of Airbus respond to, nor shall a person be subject Alaska; and Model A310 series airplanes. This to penalty for failure to comply with a 4. Will not have a significant service information is reasonably collection of information subject to the economic impact, positive or negative, available; see ADDRESSES for ways to requirements of the Paperwork on a substantial number of small entities access this service information. Reduction Act unless that collection of under the criteria of the Regulatory information displays a current valid Flexibility Act. FAA’s Determination and Requirements OMB control number. The control of This Proposed AD number for the collection of information List of Subjects in 14 CFR Part 39 This product has been approved by required by this proposed AD is 2120– Air transportation, Aircraft, Aviation the aviation authority of another 0056. The paperwork cost associated safety, Incorporation by reference, country, and is approved for operation with this proposed AD has been Safety. in the United States. Pursuant to our detailed in the Costs of Compliance The Proposed Amendment bilateral agreement with the State of section of this document and includes Design Authority, we have been notified time for reviewing instructions, as well Accordingly, under the authority of the unsafe condition described in the as completing and reviewing the delegated to me by the Administrator, MCAI and service information collection of information. Therefore, all the FAA proposes to amend 14 CFR part referenced above. We are proposing this reporting associated with this proposed 39 as follows: AD because we evaluated all pertinent AD is mandatory. Comments concerning PART 39—AIRWORTHINESS information and determined an unsafe the accuracy of this burden and DIRECTIVES condition exists and is likely to exist or suggestions for reducing the burden develop on other products of these same should be directed to the FAA at 800 ■ 1. The authority citation for part 39 type designs. Independence Ave. SW., Washington, continues to read as follows: DC 20591, ATTN: Information Differences Between This Proposed AD Collection Clearance Officer, AES–200. Authority: 49 U.S.C. 106(g), 40113, 44701. and the MCAI or Service Information § 39.13 [Amended] Unlike the procedures described in Authority for This Rulemaking ■ 2. The FAA amends § 39.13 by adding Airbus Service Bulletin A300–53–0395; Title 49 of the United States Code the following new airworthiness Airbus Service Bulletin A300–53–6174; specifies the FAA’s authority to issue directive (AD): and Airbus Service Bulletin A310–53– rules on aviation safety. Subtitle I, 2137; each dated February 14, 2014; this Airbus: Docket No. FAA–2015–0243; section 106, describes the authority of Directorate Identifier 2014–NM–114–AD. proposed AD would not permit further the FAA Administrator. ‘‘Subtitle VII: flight if cracks are detected in the Aviation Programs,’’ describes in more (a) Comments Due Date aluminum support strut ends of the detail the scope of the Agency’s We must receive comments by April 6, trimmable horizontal stabilizer at frame authority. 2015. 91. We have determined that, because of (b) Affected ADs the safety implications and We are issuing this rulemaking under consequences associated with that the authority described in ‘‘Subtitle VII, None. cracking, any cracked aluminum Part A, Subpart III, Section 44701: (c) Applicability General requirements.’’ Under that support strut ends of the trimmable This AD applies to the Airbus airplanes horizontal stabilizer must be repaired or section, Congress charges the FAA with specified in paragraphs (c)(1) through (c)(6) modified before further flight. This promoting safe flight of civil aircraft in of this AD, certificated in any category, all difference has been coordinated with air commerce by prescribing regulations manufacturer serial numbers. EASA and Airbus. for practices, methods, and procedures (1) Airbus Model A300 B2–1A, B2–1C, the Administrator finds necessary for B2K–3C, B2–203, B4–2C, B4–103, and B4– Costs of Compliance safety in air commerce. This regulation 203 airplanes. is within the scope of that authority (2) Airbus Model A300 B4–601, B4–603, We estimate that this proposed AD B4–620, and B4–622 airplanes. affects 174 airplanes of U.S. registry. because it addresses an unsafe condition (3) Airbus Model A300 B4–605R and B4– We also estimate that it would take that is likely to exist or develop on 622R airplanes. about 5 work-hours per product to products identified in this rulemaking (4) Airbus Model A300 F4–605R and F4– comply with the basic requirements of action. 622R airplanes.
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(5) Airbus Model A300 C4–605R Variant F Reinforcing clamps already installed on strut paragraphs (g)(1) through (g)(3) of this AD, airplanes. ends must be removed before accomplishing and paragraphs (i)(1) through (i)(3) of this (6) Airbus Model A310–203, –204, –221, the HFEC inspection and re-installed after AD. –222, –304, –322, –324, and –325 airplanes. the inspection, in accordance with the (1) If the inspection was done on or after Accomplishment Instructions of the the effective date of this AD: Submit the (d) Subject applicable service bulletin specified in report within 30 days after the inspection. Air Transport Association (ATA) of paragraphs (g)(1) through (g)(3) of this AD. (2) If the inspection was done before the America Code 53, Fuselage. Repeat the inspection thereafter at intervals effective date of this AD: Submit the report not to exceed 24 months. (e) Reason within 30 days after the effective date of this (1) For airplanes having manufacturer AD. This AD was prompted by reports of serial number (MSN) 0499 through MSN cracked aluminum support struts of the 0747 inclusive (post-mod 06101): Within 12 (m) Other FAA AD Provisions trimmable horizontal stabilizer (THS) caused months after the effective date of this AD. The following provisions also apply to this by stress corrosion. We are issuing this AD (2) For airplanes having MSN 0748 through AD: to detect and correct cracked THS support MSN 0878 inclusive (post-mod 06101): (1) Alternative Methods of Compliance struts, which could lead to the rupture of all Within 18 months after the effective date of (AMOCs): The Manager, International four support struts making the remaining this AD. Branch, ANM–116, Transport Airplane structure unable to carry limit loads, which (3) For airplanes having MSN 0001 through Directorate, FAA, has the authority to could result in loss of the THS and reduced MSN 0498 inclusive (pre-mod 06101) having approve AMOCs for this AD, if requested control of the airplane. one or more aluminum struts: Within 24 using the procedures found in 14 CFR 39.19. (f) Compliance months after the effective date of this AD. In accordance with 14 CFR 39.19, send your request to your principal inspector or local (i) Installation of Reinforcing Clamps Comply with this AD within the Flight Standards District Office, as compliance times specified, unless already Concurrently with the initial HFEC appropriate. If sending information directly done. inspection required by paragraph (h) of this to the International Branch, send it to ATTN: (g) Inspection for Part Number AD, identify struts having P/N R21449, P/N Dan Rodina, Aerospace Engineer, R21449D, P/N R21449G, or P/N R21449H International Branch, ANM–116, Transport For airplanes in pre-modification 06101 with no reinforcing clamps previously Airplane Directorate, FAA, 1601 Lind configuration: Within 12 months after the installed, and before next flight, install Avenue SW., Renton, WA 98057–3356; effective date of this AD, do an inspection to reinforcing clamps on each strut end, in identify the part number (P/N) of each telephone 425–227–2125; fax 425–227–1149. accordance with the Accomplishment Information may be emailed to: 9–ANM-116- support strut installed on the trimmable Instructions of the applicable service bulletin horizontal stabilizer (THS) at frame (FR) 91, [email protected]. Before using specified in paragraphs (i)(1) through (i)(3) of any approved AMOC, notify your appropriate in accordance with the Accomplishment this AD. Instructions of the applicable service bulletin principal inspector, or lacking a principal (1) For Airbus Model A300 series inspector, the manager of the local flight identified in paragraphs (g)(1) through (g)(3) airplanes: Airbus Service Bulletin A300–53– of this AD. A review of airplane maintenance standards district office/certificate holding 0394, dated February 14, 2014. district office. The AMOC approval letter records is acceptable in lieu of this (2) For Airbus Model A300 B4–600, B4– inspection, provided those records can be must specifically reference this AD. 600R, and F4–600R series airplanes, and (2) Contacting the Manufacturer: For any relied upon for that purpose and the part A300 C4–605R Variant F airplanes number can be positively identified from that requirement in this AD to obtain corrective (collectively called Model A300–600 series actions from a manufacturer, the action must review. If no aluminum strut(s) having P/N airplanes): Airbus Service Bulletin A300–53– R21449, R21449D, R21449G, or R21449H is be accomplished using a method approved 6172, dated February 14, 2014. by the Manager, International Branch, ANM– found during any inspection required by this (3) For Airbus Model A310 series 116, Transport Airplane Directorate, FAA; or paragraph no further action is required by airplanes: Airbus Service Bulletin A310–53– the European Aviation Safety Agency this AD for that horizontal stabilizer, except 2136, dated February 14, 2014. for paragraph (l) of this AD. (EASA); or Airbus’s EASA Design (1) For Airbus Model A300 series (j) Corrective Actions Organization Approval (DOA). If approved by airplanes: Airbus Service Bulletin A300–53– If, during any inspection required by the DOA, the approval must include the 0395, dated February 14, 2014. paragraph (h) of this AD, any cracking is DOA-authorized signature. (2) For Airbus Model A300 B4–600, B4– found, before further flight, replace the (3) Reporting Requirements: A federal 600R, and F4–600R series airplanes, and affected THS support strut(s) with agency may not conduct or sponsor, and a A300 C4–605R Variant F airplanes serviceable struts and install clamps on each person is not required to respond to, nor (collectively called Model A300–600 series strut end, in accordance with the shall a person be subject to a penalty for airplanes): Airbus Service Bulletin A300–53– Accomplishment Instructions of the failure to comply with a collection of 6174, dated February 14, 2014. applicable service bulletin identified in information subject to the requirements of (3) For Airbus Model A310 series paragraphs (g)(1) through (g)(3) of this AD. the Paperwork Reduction Act unless that airplanes: Airbus Service Bulletin A310–53– collection of information displays a current 2137, dated February 14, 2014. (k) Clarification valid OMB Control Number. The OMB Installation of reinforcing clamps as Control Number for this information (h) Repetitive High Frequency Eddy Current required by paragraph (i) of this AD, and the collection is 2120–0056. Public reporting for (HFEC) Inspections replacement of support struts and/or the this collection of information is estimated to For airplanes in post-modification 06101 installation of clamps as required by be approximately 5 minutes per response, configuration; and for airplanes in pre- paragraph (j) of this AD, do not constitute including the time for reviewing instructions, modification 06101 configuration on which terminating action for the repetitive completing and reviewing the collection of one or more aluminum support strut(s) inspections required by paragraph (h) of this information. All responses to this collection having P/N R21449, P/N R21449D, P/N AD. of information are mandatory. Comments R21449G, or P/N R21449H was found during concerning the accuracy of this burden and the inspection by paragraph (g) of this AD: (l) Reporting suggestions for reducing the burden should Within the applicable compliance times At the applicable time specified in be directed to the FAA at: 800 Independence specified in paragraphs (h)(1), (h)(2), or (h)(3) paragraphs (l)(1) and (l)(2) of this AD: After Ave. SW., Washington, DC 20591, Attn: of this AD, do an HFEC inspection for accomplishment of any inspection required Information Collection Clearance Officer, cracking of the aluminum THS support strut by paragraphs (g) and (h) of this AD, report AES–200. ends at FR 91, in accordance with the all inspection results to Airbus, including no Accomplishment Instructions of the findings, in accordance with the (n) Related Information applicable service bulletin identified in Accomplishment Instructions of the (1) Refer to Mandatory Continuing paragraphs (g)(1) through (g)(3) of this AD. applicable service bulletins specified in Airworthiness Information (MCAI) European
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Aviation Safety Agency Airworthiness 11.43 and 11.45, by any of the following comments on the overall regulatory, Directive 2014–0164, dated July 11, 2014, for methods: economic, environmental, and energy related information. This MCAI may be • Federal eRulemaking Portal: Go to aspects of this proposed AD. We will found in the AD docket on the Internet at http://www.regulations.gov. Follow the consider all comments received by the http://www.regulations.gov by searching for and locating Docket No. FAA–2015–0243. instructions for submitting comments. closing date and may amend this • Fax: 202–493–2251. proposed AD based on those comments. (2) For service information identified in • this AD, contact Airbus SAS, Airworthiness Mail: U.S. Department of We will post all comments we Office—EAW, 1 Rond Point Maurice Transportation, Docket Operations, M– receive, without change, to http:// Bellonte, 31707 Blagnac Cedex, France; 30, West Building Ground Floor, Room www.regulations.gov, including any telephone +33 5 61 93 36 96; fax +33 5 61 W12–140, 1200 New Jersey Avenue SE., personal information you provide. We 93 44 51; email account.airworth-eas@ Washington, DC 20590. will also post a report summarizing each airbus.com; Internet http://www.airbus.com. • Hand Delivery: U.S. Department of substantive verbal contact we receive You may view this service information at the Transportation, Docket Operations, M– FAA, Transport Airplane Directorate, 1601 about this proposed AD. 30, West Building Ground Floor, Room Lind Avenue SW., Renton, WA. For Discussion information on the availability of this W12–140, 1200 New Jersey Avenue SE., material at the FAA, call 425–227–1221. Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except As described in FAA Advisory Issued in Renton, Washington, on February Circular 120 104 (http://www.faa.gov/ 2, 2015. Federal holidays. _ For service information identified in documentLibrary/media/Advisory Dionne Palermo, this proposed AD, contact Airbus SAS, Circular/120-104.pdf), several programs Acting Manager, Transport Airplane Airworthiness Office—EAW, 1 Rond have been developed to support Directorate, Aircraft Certification Service. Point Maurice Bellonte, 31707 Blagnac initiatives that will ensure the [FR Doc. 2015–02922 Filed 2–17–15; 8:45 am] Cedex, France; telephone +33 5 61 93 36 continued airworthiness of aging BILLING CODE 4910–13–P 96; fax +33 5 61 93 44 51; email airplane structure. The last element of [email protected]; those initiatives is the requirement to Internet http://www.airbus.com. You establish a LOV of the engineering data DEPARTMENT OF TRANSPORTATION may view this referenced service that support the structural maintenance program under 14 CFR 26.21. This Federal Aviation Administration information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue proposed AD is the result of an assessment of the previously established 14 CFR Part 39 SW., Renton, WA. For information on the availability of this material at the programs by Airbus during the process [Docket No. FAA–2015–0086; Directorate FAA, call 425–227–1221. of establishing the LOV for Airbus Identifier 2014–NM–191–AD] Model A310–203 airplanes. The actions Examining the AD Docket specified in this proposed AD are RIN 2120–AA64 You may examine the AD docket on necessary to complete certain programs the Internet at http:// to ensure the continued airworthiness of Airworthiness Directives; Airbus aging airplane structure and to support Airplanes www.regulations.gov by searching for and locating Docket No. FAA–2015– an airplane reaching its LOV. AGENCY: Federal Aviation 0086; or in person at the Docket The European Aviation Safety Agency Administration (FAA), DOT. Management Facility between 9 a.m. (EASA), which is the Technical Agent ACTION: Notice of proposed rulemaking and 5 p.m., Monday through Friday, for the Member States of the European (NPRM). except Federal holidays. The AD docket Union, has issued EASA Airworthiness contains this proposed AD, the Directive 2014–0191, dated August 29, SUMMARY: We propose to adopt a new regulatory evaluation, any comments 2014 (referred to after this as the airworthiness directive (AD) for all received, and other information. The Mandatory Continuing Airworthiness Airbus Model A310–203 airplanes. This street address for the Docket Operations Information, or ‘‘the MCAI’’), to correct proposed AD is intended to complete office (telephone 800–647–5527) is in an unsafe condition for all Airbus certain mandated programs intended to the ADDRESSES section. Comments will Model A310–203 airplanes. The MCAI support the airplane reaching its limit of be available in the AD docket shortly states: validity (LOV) of the engineering data after receipt. During fatigue analysis performed in the that support the established structural FOR FURTHER INFORMATION CONTACT: Dan scope of the Extended Service Goal, taking maintenance program. This proposed Rodina, Aerospace Engineer, into account the certification loads and the AD was prompted by reports that side International Branch, ANM–116, new lift-off loads, Airbus determined that link clevis bolts of the front engine Transport Airplane Directorate, FAA, side link clevis engine mount bolts do not mount do not meet the Design Service 1601 Lind Avenue SW., Renton, meet the Design Service Goal (DSG) Goal (DSG) requirements on airplanes requirements on aeroplanes equipped with Washington 98057–3356; telephone CF6–80A3 engines. equipped with General Electric 425–227–2125; fax 425–227–1149. Company CF6–80A3 engines. This This condition, if not corrected, could lead SUPPLEMENTARY INFORMATION: to failure of the front engine mount, possibly proposed AD would require repetitive resulting in-flight separation of the engine replacement of all side link clevis Comments Invited from the aeroplane. engine mount bolts. We are proposing We invite you to send any written To address this potential unsafe condition, this AD to prevent failure of the front relevant data, views, or arguments about Airbus issued Service Bulletin (SB) A310– engine mount, and consequent possible this proposed AD. Send your comments 71–2038 to introduce a life limit on the side departure of the engine. link clevis engine mount bolts. to an address listed under the For the reason described above, this DATES: We must receive comments on ADDRESSES section. Include ‘‘Docket No. [EASA] AD requires implementation of the this proposed AD by April 6, 2015. FAA–2015–0086; Directorate Identifier new life limit and replacement of all side ADDRESSES: You may send comments, 2014–NM–191–AD’’ at the beginning of link clevis engine mount bolts that have using the procedures found in 14 CFR your comments. We specifically invite exceeded the new limit.
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You may examine the MCAI in the section, Congress charges the FAA with (c) Applicability AD docket on the Internet at http:// promoting safe flight of civil aircraft in This AD applies to Airbus Model A310– www.regulations.gov by searching for air commerce by prescribing regulations 203 airplanes, certificated in any category, all and locating Docket No. FAA–2015– for practices, methods, and procedures manufacturer serial numbers. 0086. the Administrator finds necessary for (d) Subject safety in air commerce. This regulation Relevant Service Information Under 1 is within the scope of that authority Air Transport Association (ATA) of CFR Part 51 America Code 71, Powerplant. because it addresses an unsafe condition Airbus has issued Mandatory Service that is likely to exist or develop on (e) Reason Bulletin A310–71–2038, including products identified in this rulemaking This AD was prompted by reports that side Appendices 01 and 02, dated April 8, action. link clevis bolts of the front engine mount do 2014. The service information describes not meet the Design Service Goal (DSG) procedures for replacement of all side Regulatory Findings requirements on airplanes equipped with link clevis bolts on the CF6–80A3 front We determined that this proposed AD General Electric Company CF6–80A3 engine mount and subsequent re- would not have federalism implications engines. We are issuing this AD to prevent identification of the newly installed under Executive Order 13132. This failure of the front engine mount, and bolts with a cross (to differentiate them proposed AD would not have a consequent possible departure of the engine. from the old ones). The actions substantial direct effect on the States, on (f) Compliance described in this service information are the relationship between the national Comply with this AD within the intended to correct the unsafe condition Government and the States, or on the compliance times specified, unless already identified in the MCAI. This service distribution of power and done. information is reasonably available; see responsibilities among the various ADDRESSES for ways to access this levels of government. (g) Repetitive Bolt Replacement service information. For the reasons discussed above, I Within 18 months after the effective date certify this proposed regulation: of this AD, replace the side link clevis bolts, FAA’s Determination and Requirements nuts, and bushings of the front engine mount of This Proposed AD 1. Is not a ‘‘significant regulatory on both engines, and re-identify the new action’’ under Executive Order 12866; installed bolts with a cross (to differentiate This product has been approved by 2. Is not a ‘‘significant rule’’ under the the aviation authority of another them from the old ones), in accordance with DOT Regulatory Policies and Procedures the Accomplishment Instructions of Airbus country, and is approved for operation (44 FR 11034, February 26, 1979); Mandatory Service Bulletin A310–71–2038, in the United States. Pursuant to our 3. Will not affect intrastate aviation in including Appendices 01 and 02, dated April bilateral agreement with the State of Alaska; and 8, 2014. Repeat the replacement thereafter at Design Authority, we have been notified 4. Will not have a significant intervals not to exceed 29 years. of the unsafe condition described in the economic impact, positive or negative, MCAI and service information (h) Other FAA AD Provisions on a substantial number of small entities referenced above. We are proposing this The following provisions also apply to this under the criteria of the Regulatory AD because we evaluated all pertinent AD: Flexibility Act. information and determined an unsafe (1) Alternative Methods of Compliance (AMOCs): The Manager, International condition exists and is likely to exist or List of Subjects in 14 CFR Part 39 Branch, ANM–116, Transport Airplane develop on other products of the same Air transportation, Aircraft, Aviation Directorate, FAA, has the authority to type design. safety, Incorporation by reference, approve AMOCs for this AD, if requested Costs of Compliance Safety. using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your We estimate that this proposed AD The Proposed Amendment request to your principal inspector or local affects 13 airplanes of U.S. registry. Flight Standards District Office, as We also estimate that it would take Accordingly, under the authority appropriate. If sending information directly about 142 work-hours per product to delegated to me by the Administrator, to the International Branch, send it to ATTN: comply with the basic requirements of the FAA proposes to amend 14 CFR part Dan Rodina, Aerospace Engineer, this proposed AD. The average labor 39 as follows: International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind rate is $85 per work-hour. Required PART 39—AIRWORTHINESS parts would cost about $2,900 per Avenue SW., Renton, WA 98057–3356; DIRECTIVES telephone 425–227–2125; fax 425–227–1149. product. Based on these figures, we Information may be emailed to: 9-ANM-116- estimate the cost of this proposed AD on ■ 1. The authority citation for part 39 [email protected]. Before using U.S. operators to be $194,610, or continues to read as follows: any approved AMOC, notify your appropriate $14,970 per product. principal inspector, or lacking a principal Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking inspector, the manager of the local flight § 39.13 [Amended] standards district office/certificate holding Title 49 of the United States Code district office. The AMOC approval letter ■ specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding must specifically reference this AD. rules on aviation safety. Subtitle I, the following new airworthiness (2) Contacting the Manufacturer: For any section 106, describes the authority of directive (AD): requirement in this AD to obtain corrective the FAA Administrator. ‘‘Subtitle VII: Airbus: Docket No. FAA–2015–0086; actions from a manufacturer, the action must Aviation Programs,’’ describes in more Directorate Identifier 2014–NM–191–AD. be accomplished using a method approved by the Manager, International Branch, ANM– detail the scope of the Agency’s (a) Comments Due Date 116, Transport Airplane Directorate, FAA; or authority. We must receive comments by April 6, the European Aviation Safety Agency We are issuing this rulemaking under 2015. (EASA); or Airbus’s EASA Design the authority described in ‘‘Subtitle VII, Organization Approval (DOA). If approved by Part A, Subpart III, Section 44701: (b) Affected ADs the DOA, the approval must include the General requirements.’’ Under that None. DOA-authorized signature.
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(i) Related Information DATES: Meeting. The public meeting will FOR FURTHER INFORMATION CONTACT: (1) Refer to Mandatory Continuing be held on March 27, 2015, from 8 a.m. Ellen Molinaro, Center for Drug Airworthiness Information (MCAI) EASA to 5 p.m. Registration to attend the Evaluation and Research, Food and Airworthiness Directive 2014–0191, dated meeting must be received by March 20, Drug Administration, Bldg. 51, Rm. August 29, 2014, for related information. 2015. See the SUPPLEMENTARY 6218, 10903 New Hampshire Ave., This MCAI may be found in the AD docket INFORMATION section for information on Silver Spring, MD 20993–0002, 301– on the Internet at http://www.regulations.gov how to register for the meeting. 796–3601, FAX: 301–847–8440. by searching for and locating Docket No. FAA–2015–0086. Comments. The comment period for SUPPLEMENTARY INFORMATION: the proposed rule publilshed November (2) For service information identified in I. Background this AD, contact Airbus SAS, Airworthiness 13, 2013 (78 FR 67985), is reopened. Office—EAW, 1 Rond Point Maurice Submit either electronic or written In the Federal Register of November Bellonte, 31707 Blagnac Cedex, France; comments regarding proposed 13, 2013 (78 FR 67985), FDA proposed telephone +33 5 61 93 36 96; fax +33 5 61 alternatives to the proposed rule by regulations to revise and clarify 93 44 51; email account.airworth-eas@ April 27, 2015. procedures for application holders of an airbus.com; Internet http://www.airbus.com. approved drug or biological product to You may view this service information at the ADDRESSES: The public meeting will be FAA, Transport Airplane Directorate, 1601 held at the FDA White Oak Campus, change the product labeling to reflect Lind Avenue SW., Renton, WA. For 10903 New Hampshire Ave, Building 31 certain types of newly acquired safety- information on the availability of this Conference Center, the Great Room (Rm. related information in advance of FDA’s material at the FAA, call 425–227–1221. 1503), Silver Spring, MD 20993–0002. review of the change by submitting a Issued in Renton, Washington, on January Entrance for the public meeting changes being effected (CBE–0) 30, 2015. participants (non-FDA employees) is supplement to FDA. The need to Jeffrey E. Duven, through Building 1 where routine promptly communicate certain safety- related labeling changes based on newly Manager, Transport Airplane Directorate, security check procedures will be Aircraft Certification Service. performed. For parking and security acquired information is the basis for the ‘‘changes being effected’’ exception to [FR Doc. 2015–02683 Filed 2–17–15; 8:45 am] information, please refer to http:// www.fda.gov/AboutFDA/ the general requirement for FDA BILLING CODE 4910–13–P WorkingatFDA/BuildingsandFacilities/ approval of revised labeling prior to WhiteOakCampusInformation/ distribution. The proposed rule, if ucm241740.htm. finalized, would enable abbreviated new DEPARTMENT OF HEALTH AND You may submit comments by any of drug application (ANDA) holders for HUMAN SERVICES the following methods: generic drugs to update product labeling promptly to reflect certain types of Food and Drug Administration Electronic Submissions newly acquired safety-related Submit electronic comments in the information, irrespective of whether the 21 CFR Parts 314 and 601 following way: revised labeling differs from that of the • Federal eRulemaking Portal: http:// corresponding reference listed drug [Docket No. FDA–2013–N–0500] www.regulations.gov. Follow the (RLD or brand drug) upon submission of a CBE–0 supplement to FDA. FDA’s Supplemental Applications Proposing instructions for submitting comments. proposed revisions to its regulations to Labeling Changes for Approved Drugs Written Submissions allow generic drug manufacturers to and Biological Products; Public Submit written submissions in the update product labeling through CBE–0 Meeting; Request for Comments; following ways: supplements in the same manner as Reopening of the Comment Period • Mail/Hand delivery/Courier (for brand drug manufacturers are intended AGENCY: Food and Drug Administration, paper submissions): Division of Dockets to improve communication of HHS. Management (HFA–305), Food and Drug important, newly acquired drug safety ACTION: Notice of public meeting; Administration, 5630 Fishers Lane, Rm. information to health care professionals request for comments; reopening of the 1061, Rockville, MD 20852. and the public. For further information comment period. Instructions: All submissions received about this and other proposed must include the Docket No. FDA– regulatory changes described in the SUMMARY: The Food and Drug 2013–N–0500 for the proposed rule. All proposed rule, see 78 FR 67985. Administration (FDA) is announcing a comments received may be posted FDA received numerous comments on 1-day public meeting entitled without change to http:// the proposed rule from a diverse group ‘‘Supplemental Applications Proposing www.regulations.gov, including any of stakeholders, including comments Labeling Changes for Approved Drugs personal information provided. For proposing alternative approaches to and Biological Products.’’ The purpose additional information on submitting communicating newly acquired safety- of the meeting is to provide a public comments, see the ‘‘Comments’’ heading related information in a multisource forum for FDA to listen to comments on of the SUPPLEMENTARY INFORMATION environment. In November 2014, FDA the proposed rule on ‘‘changes being section of this document. received a request from two trade effected’’ supplements that was Docket: For access to the docket to associations for a listening meeting with published in the Federal Register of read background documents or FDA to present an alternative to the November 13, 2013, and alternatives comments received, go to http:// proposed regulatory changes described offered to this proposed rule. FDA is www.regulations.gov and insert the in the proposed rule that they described also reopening the comment period for docket number, found in brackets in the as intended to meet shared public the proposed rule to receive heading of this document, into the health goals regarding multisource submissions of additional written ‘‘Search’’ box and follow the prompts drugs (see Ref. 1). In December 2014, an comments on the proposed rule as well and/or go to the Division of Dockets explanatory statement accompanying as alternative proposals presented Management, 5630 Fishers Lane, Rm. the Consolidated and Further during the public meeting. 1061, Rockville, MD 20852. Continuing Appropriations Act, 2015
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(Pub. L. 113–235), supported a listening time that each oral presentation is VI. Reference meeting between FDA and the regulated scheduled to begin. After reviewing the The following reference has been industries to consider alternative presentation requests, FDA will notify placed on display in the Division of solutions to the proposed rule on safety each participant before the meeting of Dockets Management (see ADDRESSES), labeling that will meet all public health the amount of time available and the and may be seen by interested persons goals relating to multisource drugs (see approximate time their presentation is between 9 a.m. and 4 p.m., Monday https://www.congress.gov/ scheduled to begin. If time permits, through Friday. congressional-record/2014/12/11/house- individuals or organizations that did not 1. Letter dated November 14, 2014, section/article/H9307-1) (FDA has register in advance may be granted the from Mr. Neas (GPhA) and Mr. verified the Web site address, but FDA opportunity to make a presentation. An Castellani (PhRMA) to Dr. Hamburg is not responsible for any subsequent agenda will be posted on the FDA Web (FDA) regarding request for listening changes to the Web site after this site at http://www.fda.gov/Drugs/ meeting on Expedited Agency Review document publishes in the Federal NewsEvents/ucm431265.htm prior to proposal. Register). the meeting. Presenters are encouraged In view of these requests and to to submit a copy of their presentation Dated: February 11, 2015. promote transparency, FDA will hold a and related written material to the Leslie Kux, public meeting at which any docket (see ‘‘Comments’’) in advance of Associate Commissioner for Policy. stakeholders may present or comment the public meeting. [FR Doc. 2015–03211 Filed 2–17–15; 8:45 am] on the proposed rule or any alternative If you need special accommodations BILLING CODE 4164–01–P proposals intended to improve because of a disability, please contact communication of important newly Ellen Molinaro (see FOR FURTHER acquired drug safety information to INFORMATION CONTACT) at least 7 days in DEPARTMENT OF THE TREASURY health care professionals and the public. advance. In addition, FDA is reopening the Internal Revenue Service comment period for the proposed rule III. Streaming Webcast of the Public Meeting (78 FR 67985) until April 27, 2015, to 26 CFR Part 1 receive submissions of additional This public meeting will also be written comments on the proposed rule Webcast. Information about how to view [REG–102648–15] as well as alternative proposals the live Webcast of this meeting will be RIN 1545–BM66 presented during the public meeting. posted on the FDA Web site at http:// Request for Information on II. Registration and Requests for Oral www.fda.gov/Drugs/NewsEvents/ Suspensions of Benefits Under the Presentations ucm431265.htm prior to the meeting. Multiemployer Pension Reform Act of If you would like to attend the public IV. Comments 2014 meeting, please register for the meeting Interested persons may submit either by email to electronic comments regarding AGENCY: Internal Revenue Service (IRS), CBESupplements.PublicMeeting@ proposed alternatives to the proposed Treasury. fda.hhs.gov by March 20, 2015. The rule to http://www.regulations.gov or ACTION: Request for information. email should contain complete contact written comments to the Division of SUMMARY: The Department of the information for each attendee (including Dockets Management (see ADDRESSES). It name, title, firm name or affiliation, Treasury invites public comments with is only necessary to send one set of regard to future guidance required to address, email, telephone and fax comments. Identify comments with the numbers). Those without email access implement provisions of the docket number found in brackets in the Multiemployer Pension Reform Act of can register by contacting Ellen heading of this document. Received Molinaro (see FOR FURTHER INFORMATION 2014, Division O of the Consolidated comments may be seen in the Division and Further Continuing Appropriations CONTACT) by March 20, 2015. There is of Dockets Management between 9 a.m. no fee to register for the meeting, and Act, 2015, Public Law 113–235 (MPRA). and 4 p.m., Monday through Friday, and MPRA generally permits a sponsor of a registration will be on a first-come, first- will be posted to the docket at http:// served basis. Early registration is multiemployer defined benefit plan that www.regulations.gov. is in critical and declining status to recommended because seating is Electronic or written comments will suspend certain benefits following the limited. Onsite registration on the day of be accepted after the public meeting provision of specified notice, the meeting also will be permitted on a until April 27, 2015. space-available basis beginning at 7:30 consideration of public comments, a.m. V. Transcripts approval of an application for Individuals who wish to present at Please be advised that as soon as suspension, and satisfaction of other the public meeting must register on or possible after a transcript of the public specified conditions (including a before March 16, 2015, and provide meeting is available, it will be accessible participant vote). complete contact information, including at http://www.regulations.gov. It may be DATES: Comments must be received by name, title, firm name or affiliation, viewed at the Division of Dockets April 6, 2015. address, email, telephone and fax Management (see ADDRESSES). A ADDRESSES: Send submissions to: numbers. You should provide a brief transcript will also be available in either CC:PA:LPD:PR (REG–102648–15), Room description of your presentation, and hardcopy or on CD–ROM, after 5205, Internal Revenue Service, PO Box indicate the approximate desired length submission of a Freedom of Information 7604, Ben Franklin Station, Washington, of your presentation, so that FDA can request. Written requests are to be sent DC 20044. Submissions may be hand- consider these in organizing the to the Division of Freedom of delivered Monday through Friday presentations. FDA will do its best to Information (ELEM–1029), Food and between the hours of 8 a.m. and 4 p.m. accommodate requests to speak and will Drug Administration, 12420 Parklawn to: CC:PA:LPD:PR (REG–102648–15), determine the amount of time allotted to Dr., Element Bldg., Rockville, MD Courier’s Desk, Internal Revenue each presenter and the approximate 20857. Service, 1111 Constitution Avenue NW.,
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Washington, DC, or sent electronically 411(d)(6) and subject to the application upon finding that the plan via the Federal eRulemaking Portal at requirements of section 432(e)(9)(B) is eligible for the suspension and has http://www.regulations.gov (IRS REG– through (I), the plan sponsor of a plan satisfied the criteria of section 102648–15). All materials submitted in critical and declining status may, by 432(e)(9)(C), (D), (E), and (F). As part of will be shared with the Department of plan amendment, suspend benefits that this process, section 432(e)(9)(G)(ii) Labor and the Pension Benefit Guaranty the sponsor deems appropriate. Section requires the publication of a request for Corporation, and will be available for 432(e)(9)(B) defines ‘‘suspension of comments within 30 days after receipt public inspection and copying. benefits’’ as the temporary or permanent of an application for suspension of FOR FURTHER INFORMATION CONTACT: reduction of any current or future benefits, and section 432(e)(9)(G)(iii), Concerning the request for information, payment obligation of the plan to any (iv) and (v) prescribes rules for agency Jamie Dvoretzky at (202) 317–4102; participant or beneficiary under the action and review of the application. concerning submission of comments, plan, whether or not in pay status at the Section 432(e)(9)(H) contains rules Regina Johnson at (202) 317–6901 (not time of the suspension of benefits, and relating to the participant vote that is toll-free numbers). sets forth other rules relating to required before any suspension of SUPPLEMENTARY INFORMATION: suspensions. In the case of plans with benefits may take effect, with special 10,000 or more participants, section rules for systemically important plans. Background 432(e)(9)(B) requires the plan sponsor to The special rules include an Section 212 of the Pension Protection select a plan participant in pay status opportunity for the Participant and Plan Act of 2006, Public Law 109–280 (120 (who may also be a plan trustee) to act Sponsor Advocate selected under Stat. 780 (2006)) (PPA ’06) added as a retiree representative throughout section 4004 of ERISA to submit section 432 of the Internal Revenue the suspension approval process. recommendations with respect to a Code (Code), which prescribes funding Section 432(e)(9)(C) prescribes the suspension in certain circumstances. rules for certain multiemployer defined conditions that must be satisfied before Section 432(e)(9)(I) contains provisions benefit plans in endangered and critical a plan sponsor may suspend benefits. relating to judicial review. status and permits plans in critical For example, section 432(e)(9)(C)(i) An application for approval of a plan status to be amended to reduce certain provides that the plan actuary must amendment to suspend benefits may be otherwise protected benefits (referred to certify, taking into account the proposed made in combination with an as ‘‘adjustable benefits’’). Section 202 of suspensions of benefits (and, if application to the PBGC for a partition PPA ’06 amended section 305 of the applicable, a proposed partition of the of the plan, and a plan sponsor also may Employee Retirement Income Security plan under section 4233 of ERISA), that ask the PBGC for technical or financial Act of 1974, Public Law 93–406 (88 Stat. the plan is projected to avoid insolvency assistance with a merger. The PBGC is 829 (1974)), as amended (ERISA), to within the meaning of section 418E, issuing its own request for information prescribe parallel rules. PPA ’06 assuming the suspensions of benefits to seek comment on the processes provided that section 432 and ERISA continue until the suspensions of associated with applying for partition or section 305 would sunset for plan years benefits expire by their own terms or, if merger assistance, including how such beginning after December 31, 2014. no such expiration is set, indefinitely. processes should be coordinated with However, section 101 of MPRA made Section 432(e)(9)(D) contains limitations the benefit suspension process. The them permanent, with certain on the benefits that may be suspended. agencies will coordinate on the modifications. For example, section 432(e)(9)(D)(ii) development of processes that will Section 201 of MPRA amended Code limits the applicability of a suspension apply to applications falling within section 432 to add a new status, called in the case of a participant or their respective jurisdictions. ‘‘critical and declining status,’’ for beneficiary who has attained age 75 as multiemployer defined benefit plans. of the effective date of the suspension Request for Information Section 432(b)(6) provides that a plan in and section 432(e)(9)(D)(iii) provides Comments are requested on matters critical status is treated as being in that no benefits based on disability (as that may be addressed in future critical and declining status if the plan defined under the plan) may be guidance implementing section satisfies the criteria for critical status, suspended. 432(e)(9), and in particular on the and in addition is projected to become Section 432(e)(9)(E) prescribes rules following: insolvent within the meaning of section relating to possible benefit 1. How should future guidance 418E during the current plan year or any improvements while a suspension of address actuarial and other issues, of the 14 succeeding plan years (or 19 benefits is in effect. Section 432(e)(9)(F) including duration, related to the succeeding plan years if the plan has a contains notice requirements associated following certifications and ratio of inactive participants to active with a suspension of benefits. These determinations: participants that exceeds two to one or include the requirement under section a. The actuary’s certification under if the funded percentage of the plan is 432(e)(9)(F)(i) that no suspension of section 432(b)(3) that a multiemployer less than 80 percent).1 benefits may be made unless notice to plan is in critical and declining status; Section 201 of MPRA also amended specified parties of the proposed b. The actuary’s section 432(e)(9)(C)(i) section 432(e)(9) to prescribe benefit suspension has been given by the plan projection of continued solvency (taking suspension rules for multiemployer sponsor (in the form and manner to be into account the proposed suspension defined benefit plans in critical and prescribed in guidance) concurrently and, if applicable, a proposed partition declining status. Section 432(e)(9)(A) with an application for approval of the under section 4233 of ERISA); and provides that notwithstanding section suspension. Section 432(e)(9)(G) c. The plan sponsor’s section describes the process for approval or 432(e)(9)(C)(ii) determination that the 1 Section 201(a) of MPRA makes parallel rejection of a plan sponsor’s application plan is projected to become insolvent amendments to section 305 of ERISA. Under section for a suspension of benefits, including unless benefits are suspended? 101 of Reorganization Plan No. 4 of 1978 (43 FR that the Treasury Secretary, in 2. For purposes of the section 47713), the Department of the Treasury has interpretive jurisdiction over the subject matter of consultation with the Pension Benefit 432(e)(9)(D)(iii) limitation that a this document for purposes of ERISA as well as the Guaranty Corporation (PBGC) and the suspension is not permitted to apply to Code. Secretary of Labor, shall approve an benefits based on disability (as defined
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under the plan), how can a plan sponsor a. Should the comments received DEPARTMENT OF JUSTICE identify which benefits are based on from contributing employers, employee disability? organizations, participants and Office of the Attorney General 3. For participants who have not yet beneficiaries, and other interested retired: parties be made available to the public? 28 CFR Part 11 a. What practical issues should be b. How long should the comment considered as a result of the fact that [JMD Docket No. 152; A.G. Order No. 3493– period last? 2015] their benefits are not yet fixed (for example, their benefits could vary as a 8. With respect to the section RIN 1105–NYD result of future accruals, when they 432(e)(9)(H) participant vote, what decide to retire and which optional form issues arise in connection with: Department of Justice Debt Collection of benefit they select)? a. Preparing the ballot, including Regulations b. What practical issues should be developing a statement in opposition to AGENCY: Department of Justice. considered in the case of a suspension the suspension compiled from ACTION: Notice of proposed rulemaking. of benefits that is combined with a comments and obtaining approval of the reduction of future accruals or a ballot within the statutory time SUMMARY: This rule proposes to amend reduction of section 432(e)(8) adjustable constraints for conducting a vote; and the regulations that govern debt benefits (such as subsidized early collection at the Department of Justice retirement factors) under a b. Conducting the vote and obtaining certification of the results of the vote? (Department) to bring the regulations rehabilitation plan? into conformity with government-wide 4. For participants who have retired, 9. What other practical issues do standards, to update or delete obsolete what practical issues should be commenters anticipate will arise in the references, and to make other clarifying considered regarding the section course of implementing these or technical changes. 432(e)(9)(D)(ii) age limitations on provisions? suspensions, the application of the DATES: Written comments must be section 432(e)(9)(E) rules on benefit Timing of Applications and Notices postmarked and electronic comments improvements, or other provisions? must be submitted on or before April 20, Section 201(b)(7) of MPRA provides 2015. Comments received by mail will 5. With respect to the section that, not later than 180 days after the 432(e)(9)(F) requirement to provide be considered timely if they are date of the enactment of this Act, the notice of the proposed suspension to postmarked on or before that date. The Treasury Secretary, in consultation with plan participants and beneficiaries electronic Federal Docket Management the Pension Benefit Guaranty concurrently with the submission of the System (FDMS) will accept comments Corporation and the Secretary of Labor, application for approval: until Midnight Eastern Time at the end a. What suggestions do commenters shall publish appropriate guidance to of that day. implement section 432(e)(9). In have for the steps that are needed to ADDRESSES: The Department encourages addition, section 432(e)(9)(F)(i) provides satisfy the requirement to provide notice that all comments be submitted that no suspension of benefits may be to the plan participants and electronically through http:// made unless notice of the proposed beneficiaries ‘‘who may be contacted by www.regulations.gov using the reasonable efforts,’’ including the suspension has been given by the plan electronic comment form provided on application of that requirement to sponsor concurrently with an that site. An electronic copy of this terminated vested participants? application for approval of the document is also available at the b. What practical issues do plan suspension, and section http://www.regulations.gov Web site for sponsors anticipate in providing 432(e)(9)(F)(iii)(I) provides that notice easy reference. Paper comments that individual estimates of the effect of the must be ‘‘provided in a form and duplicate the electronic submission are proposed suspensions on each manner prescribed in guidance.’’ not necessary as all comments participant and beneficiary? Section 432(e)(9)(G)(i) provides that the submitted to http://www.regulations.gov c. If the suspension is combined with Treasury Secretary, in consultation with will be posted for public review and are other reductions as described in request the Pension Benefit Guaranty part of the official docket record. Should number 3.b, how will the notice of Corporation and the Secretary of Labor, you wish to submit written comments proposed suspension interact with the shall approve an application for via regular or express mail, however, notices required for those other suspension upon finding that the plan they should be sent to: Dennis Dauphin, reductions? has satisfied the criteria of section Director, Debt Collection Management d. What issues arise in coordinating 432(e)(9)(C), (D), (E), and (F). Because Staff, Justice Management Division, U.S. benefit protections that are measured as appropriate guidance is required to Department of Justice, Washington, DC of the date of suspension (such as the implement section 432(e)(9), including 20530. restriction on suspensions that apply to the procedures for the plan sponsor to FOR FURTHER INFORMATION CONTACT: a participant or beneficiary who has submit an application for approval of a Dennis Dauphin, Director, Debt attained age 75 as of the effective date suspension of benefits and provide Collection Management Staff, or Morton of the suspension) with the timing of the concurrent notice, a plan sponsor J. Posner, Assistant General Counsel, application, notice, and voting process? should not submit an application for a Justice Management Division, U.S. 6. With respect to item 5, please suspension of benefits until a date Department of Justice, Washington, DC provide any examples of notices of specified in that future guidance. 20530, (202) 514–5343 or (202) 514– proposed suspension that commenters Dated: February 11, 2015. 3452. would like to be considered in the development of a model notice. David G. Clunie, SUPPLEMENTARY INFORMATION: This rule 7. What issues arise in connection Executive Secretary, Department of the updates the Department’s debt with the section 432(e)(9)(G)(ii) Treasury. collection regulations at 28 CFR part 11, requirement to solicit comments on an [FR Doc. 2015–03290 Filed 2–13–15; 11:15 am] subpart A—Retention of Private Counsel application for suspension of benefits? BILLING CODE 4830–01–P for Debt Collection, Subpart B—
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Administration of Debt Collection, and limitations is being removed. Because earnings. Employers of delinquent Subpart C—Treasury Offset Program for the DCIA now mandates that agencies debtors may be subject at any time to Collection of Debts, and proposes a new report consumer debt to credit bureaus, garnishment orders issued by a court to Subpart D—Administrative Wage 31 U.S.C. 3711(e), it is no longer collect delinquent debts of their Garnishment. necessary to address the subject in employees owed to governmental or Subpart A sets forth the Department’s Subpart C. The Department of the private creditors. The addition of an procedures governing the retention of Treasury incorporated the Internal AWG process will not significantly private counsel for debt collection Revenue Service’s former tax refund increase the burden to which employers authorized in 31 U.S.C. 3718(b). The offset program into the Treasury Offset are already subject to collect the Federal Debt Recovery Act initiated a Program, so references to it are being delinquent debt of their employees. pilot program authorizing the updated. Other revisions provide Department to contract with private clarity, make technical corrections, or Executive Orders 12866 and 13563— counsel on a provisional basis in a correct a typographical error. Regulatory Review limited number of judicial districts. Proposed Subpart D would implement This regulation has been drafted and Public Law 99–578 (1986). The Debt the Department’s authority under the reviewed in accordance with Executive Collection Improvement Act of 1996 DCIA, 31 U.S.C. 3720D, to collect past Order 12866, ‘‘Regulatory Planning and (DCIA), Public Law 104–134, sec. 31001, due indebtedness through Review,’’ section 1(b), Principles of made the pilot program permanent and administrative wage garnishment. Wage Regulation, and in accordance with authorized the Department to contract garnishment is a process whereby an Executive Order 13563, ‘‘Improving with private counsel in as many judicial employer withholds amounts from an Regulation and Regulatory Review,’’ districts as necessary. The Department employee’s wages and pays those section 1(b), General Principles of proposes to amend this rule by amounts to the employee’s creditor in Regulation. removing references to the private satisfaction of a withholding order. The The Department of Justice has counsel program as a ‘‘pilot’’; by DCIA authorizes Federal agencies to determined that this rule is not a replacing the term ‘‘Contracting issue administrative wage withholding ‘‘significant regulatory action’’ under Officer’s Technical Representative orders to garnish up to 15 percent of the Executive Order 12866, section 3(f), (COTR)’’ with ‘‘Contracting Officer’s disposable pay of a debtor to satisfy Regulatory Planning and Review, and Representative (COR)’’ to align with the delinquent nontax debt owed to the accordingly this rule has not been definitions in Federal Acquisition United States. The Department of the reviewed by the Office of Management Regulation. See 48 CFR 1.602–2, 2.101; Treasury’s implementing rule at 31 CFR and Budget. by adding the term ‘‘qualified HUBZone 285.11 provides that ‘‘[a]gencies shall small business concerns’’ as defined in prescribe regulations for the conduct of Further, both Executive Orders 12866 section 3(p)(5) of the Small Business administrative wage garnishment and 13563 direct agencies to assess all Act, 15 U.S.C. 632(p)(5), to conform to hearings consistent with this section or costs and benefits of available regulatory the DCIA; and by changing the obsolete shall adopt this section without change alternatives and, if regulation is references to a federal procurement by reference.’’ The Department proposes necessary, to select regulatory statute and to the database used for to add a Subpart D consistent with 31 approaches that maximize net benefits notifying the public of federal CFR 285.11. Subpart D would apply to (including potential economic, procurement bidding opportunities. wages to be garnished by non-Federal environmental, public health and safety Another change corrects a typographical employers. effects, distributive impacts, and error. equity). Executive Order 13563 Subpart B prescribes the standards Regulatory Flexibility Act emphasizes the importance of and procedures for collecting a debt The Attorney General, in accordance quantifying both costs and benefits, of through administrative offset. The ten- with the Regulatory Flexibility Act (5 reducing costs, of harmonizing rules, year statute of limitations for U.S.C. 605(b)), has reviewed this and of promoting flexibility. The administrative offset was repealed, regulation and by approving it certifies Department has assessed the costs and Public Law 110–264, sec. 14219 that this regulation will not have a benefits of this regulation and believes (codified at 31 U.S.C. 3716(e)), the significant economic impact on a that the regulatory approach selected Department of the Treasury deleted the substantial number of small entities. maximizes net benefits. limitations period from its regulation, The Department proposes to collect Executive Order 12988—Civil Justice 74 FR 68149 (Dec. 23, 2009), and the delinquent nontax debt owed it through Reform Department proposes to delete the an administrative wage garnishment corresponding time limit from its own (AWG) process. When an AWG order is This regulation meets the applicable regulation. issued, employers (including small standards set forth in sections 3(a) and Subpart C prescribes the standards businesses) that employ workers from 3(b)(2) of Executive Order 12988. and procedures for submitting past due, whom the Department is collecting a Executive Order 13132—Federalism legally enforceable debts to the delinquent debt will be required to Department of the Treasury for certify the employee’s employment and This regulation will not have collection by offset. These standards earnings, garnish wages, and remit substantial direct effects on the States, and procedures are authorized under withheld wages to the Department. Such on the relationship between the national the offset provisions of the Deficit procedures are mandated by Department government and the States, or on the Reduction Act of 1984, and the DCIA, of the Treasury regulations issued to distribution of power and codified in relevant part at 31 U.S.C. implement the Debt Collection responsibilities among the various 3716 and 3720A, and the Department of Improvement Act. Employment and levels of government. Therefore, in the Treasury’s implementing regulations salary information is contained in an accordance with Executive Order 13132, at 31 CFR 285.2 and 285.5. The employer’s payroll records. Therefore, it it is determined that this rule does not Department proposes to amend this will not take a significant amount of have sufficient federalism implications subpart to conform to subsequent legal time or result in a significant cost for an to warrant the preparation of a changes. The obsolete ten-year statute of employer to certify employment and Federalism Assessment.
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Unfunded Mandates Reform Act of ■ a. In the heading, remove the words debtor. It allows for collection of debts 1995 ‘‘Pilot program’’ and add in their place that are past due and legally enforceable This rule will not result in the the words ‘‘Private counsel debt through offset, regardless of whether the expenditure by State, local and tribal collection program’’; debts have been reduced to judgment. ■ (b) Nothing in this subpart precludes governments, in the aggregate, or by the b. In the first two sentences, remove the Department from pursuing other private sector, of $100,000,000 or more the word ‘‘pilot’’; ■ c. In the third sentence, remove the debt collection procedures to collect a in any one year, and it will not words ‘‘Contracting Officer’s Technical debt that has been submitted to the significantly or uniquely affect small Representative (COTR)’’ and add in Department of the Treasury under this governments. Therefore, no actions were their place the words ‘‘Contracting subpart. The Department may use such deemed necessary under the provisions Officer’s Representative (COR)’’; and debt collection procedures separately or of the Unfunded Mandates Reform Act ■ d. In the fourth sentence, remove the in conjunction with the offset collection of 1995. term ‘‘COTRs’’ and add in its place the procedures of this subpart. Small Business Regulatory Enforcement term ‘‘CORs’’. ■ 8. Amend § 11.11 by revising Fairness Act of 1996 paragraphs (a) and (b), and adding a § 11.3 [Amended] paragraph (e) to read as follows: This rule is not a major rule as ■ 4. Amend § 11.3 as follows: defined by section 251 of the Small ■ a. In the first sentence, remove the § 11.11 [Amended] Business Regulatory Enforcement words ‘‘the Federal Property and (a) Debt. Debt means any amount of Fairness Act of 1996, 5 U.S.C. 804. This Administrative Services Act of 1949, 41 funds or property that has been rule will not result in an annual effect U.S.C. 251 et seq’’ and add in their place determined by an appropriate official of on the economy of $100,000,000 or the words ‘‘41 U.S.C. 3307’’. the Federal Government to be owed to more; a major increase in costs or prices; ■ b. In the second sentence, adding the the United States by a person, or significant adverse effects on phrase ‘‘and law firms that are qualified organization, or entity other than competition, employment, investment, HUBZone small business concerns’’ another Federal agency. For purposes of productivity, innovation, or on the after the phrase ‘‘socially and this section, the term debt does not ability of United States-based economically disadvantaged include debts arising under the Internal enterprises to compete with foreign- individuals’’; Revenue Code of 1986 (26 U.S.C. 1 et based enterprises in domestic and ■ c. In the second sentence and third seq.), the tariff laws of the United States, export markets. sentence, remove the word ‘‘pilot’’ and or the Social Security Act (42 U.S.C. 301 Paperwork Reduction Act add in its place the word ‘‘program’’; et seq.), except to the extent provided in and sections 204(f) and 1631(b)(4) of such This rule imposes no information ■ d. In the third sentence, remove the Act (42 U.S.C. 404(f) and 1383(b)(4)(A), collection or record keeping words ‘‘Commerce Business Daily’’ and respectively) and 31 U.S.C. 3716(c). requirements. add in their place the term Debts that have been referred to the List of Subjects in 28 CFR Part 11 ‘‘FedBizOpps’’. Department of Justice by other agencies for collection are included in this Administrative practice and Subpart B—Administration of Debt definition. procedure, Claims, Debt collection, Collection (b) Past due. A past due debt means Government contracts, Government a debt that has not been paid or § 11.4 [Amended] employees, Income taxes, Lawyers, otherwise resolved by the date specified ■ Wages. 5. Amend § 11.4 as follows: in the initial demand for payment, or in ■ Accordingly, by virtue of the a. Remove the second sentence of an applicable agreement or other authority vested in me as Attorney paragraph (a); and instrument (including a post- ■ General, including 5 U.S.C. 301 and 28 b. In paragraph (b)(3)(i), add the delinquency repayment agreement), U.S.C. 509 and 510, part 11 of title 28 number ‘‘1’’ after the words ‘‘26 U.S.C.’’. ■ unless other payment arrangements of the Code of Federal Regulations is 6. Revise the heading of subpart C to satisfactory to the Department have been proposed to be amended as follows: read as follows: made. Judgment debts remain past due PART 11—DEBT COLLECTION Subpart C—Collection of Debts by until paid in full. Administrative and Tax Refund Offset * * * * * ■ 1. The authority citation for part 11 is (e) Legally enforceable. Legally revised to read as follows: ■ 7. Revise § 11.10 to read as follows: enforceable means that there has been a Authority: 5 U.S.C. 301, 5514; 28 U.S.C. § 11.10 [Amended] final agency determination that the debt, in the amount stated, is due, and there 509, 510; 31 U.S.C. 3711, 3716, 3718, 3720A, (a) The provisions of 31 U.S.C. 3716 3720D. are no legal bars to collection by offset. allow the head of an agency to collect ■ 9. Amend § 11.12 as follows: Subpart A—Retention of Private a debt through administrative offset. ■ a. Revise the section heading and Counsel for Debt Collection The provisions of 31 U.S.C. 3716 and paragraphs (a), (b)(2), (b)(3), and (c); 3720A authorize the Secretary of the ■ b. Remove paragraph (b)(4); § 11.1 [Amended] Treasury, acting through the Bureau of ■ c. In paragraph (d)(5), remove the ■ 2. Amend § 11.1 as follows: the Fiscal Service (BFS) and other number ‘‘65’’ and add in its place the ■ a. Remove the word ‘‘pilot’’ from the Federal disbursing officials, to offset number ‘‘60’’; first sentence; and certain payments to collect delinquent ■ d. In paragraph (d)(6) and paragraph ■ b. Remove the word ‘‘Adminstration’’ debts owed to the United States. This (e), remove the term ‘‘IRS’’ and add in and add in its place the word subpart authorizes the collection of its place the term ‘‘BFS’’; ‘‘Administration’’. debts owed to the United States by ■ e. In the second sentence of paragraph persons, organizations, and other (d)(6), remove the word ‘‘of’’ the second § 11.2 [Amended] entities by means of offsetting Federal time it occurs and add in its place the ■ 3. Amend § 11.2 as follows: and certain state payments due to the word ‘‘or’’; and
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■ f. Add paragraph (f). by offset. In addition, the Department Day means calendar day. For The addition and revisions read as will certify its compliance with these purposes of computation, the last day of follows: regulations concerning administrative the period will be included unless it is offset. See 31 CFR 901.3(c)(2)(ii). a Saturday, a Sunday, or a Federal legal § 11.12 Centralized offset. ■ 11. Amend part 11 by adding a new holiday. (a) The Department must refer any subpart D to read as follows: Debt or claim means any amount of legally enforceable debt more than 120 money, funds, or property that has been days past due to BFS for administrative Subpart D—Administrative Wage determined by an appropriate official of offset purposes pursuant to 31 U.S.C. Garnishment the Federal Government to be owed to 3716(c)(6). The Department must refer § 11.21 Administrative wage garnishment. the United States by an individual, any past due, legally enforceable debt to including debt administered by a third (a) Purpose. In accordance with the BFS for tax refund offset purposes party as an agent for the Federal Department of the Treasury government- pursuant to 31 U.S.C. 3720A(a) at least Government. wide regulation at 31 CFR 285.11, this once a year. Prior to referring debts for Debtor means an individual who owes section provides procedures for the offset, the Department must certify to a delinquent nontax debt to the United Department of Justice to collect money BFS compliance with the provisions of States. from a debtor’s disposable pay by means 31 U.S.C. 3716(a) and 3720A(b). There Delinquent nontax debt means any is no time limit on when a debt can be of administrative wage garnishment to satisfy delinquent nontax debt owed to nontax debt that has not been paid by collected by offset. the date specified in the agency’s initial (b) * * * the United States. (2) The Department intends to refer (b) Scope. (1) This section shall apply written demand for payment, or the debt to BFS for offset purposes; notwithstanding any provision of State applicable agreement, unless other (3) The debtor has 60 days from the law. satisfactory payment arrangements have date of notice in which to present (2) Nothing in this section precludes been made. For purposes of this section, evidence that all or part of the debt is the compromise of a debt or the the terms ‘‘debt’’ and ‘‘claim’’ are not past due, that the amount is not the suspension or termination of collection synonymous and refer to delinquent amount currently owed, that the action in accordance with applicable nontax debt. outstanding debt has been satisfied, or, law. See, for example, the Federal Disposable pay means that part of the if a judgment debt, that the debt has Claims Collection Standards (FCCS), 31 debtor’s compensation (including, but been satisfied, or that collection action CFR parts 900–904. not limited to, salary, bonuses, on the debt has been stayed, before the (3) The receipt of payments pursuant commissions, and vacation pay) from an debt is referred to BFS for offset to this section does not preclude the employer remaining after the deduction purposes. Department from pursuing other debt of health insurance premiums and any amounts required by law to be withheld. * * * * * collection remedies, including the offset (c) If the debtor neither pays the of Federal payments to satisfy For purposes of this section, ‘‘amounts amount due nor presents evidence that delinquent nontax debt owed to the required by law to be withheld’’ include the amount is not past due or is satisfied United States. The Department may amounts for deductions such as Social or that collection action is stayed, the pursue such debt collection remedies Security taxes and withholding taxes, Department will refer the debt to BFS separately or in conjunction with but do not include any amount withheld for offset purposes. administrative wage garnishment. pursuant to a court order. (4) This section does not apply to the Employer means a person or entity * * * * * that employs the services of others and (f) In the event that more than one collection of delinquent nontax debt that pays their wages or salaries. The debt is owed, payments eligible for owed to the United States from the term employer includes, but is not offset will be applied in the order in wages of Federal employees from their limited to, State and local Governments, which the debts became past due. Federal employment. Federal pay is ■ 10. Add a new § 11.13 to read as subject to the Federal salary offset but does not include an agency of the follows: procedures set forth in 5 U.S.C. 5514 Federal Government. and other applicable laws. Evidence of service means § 11.13 Non-centralized offset. (5) Nothing in this section requires information retained by the agency (a) When offset under § 11.12 of this the Department to duplicate notices or indicating the nature of the document to part is not available or appropriate, the administrative proceedings required by which it pertains, the date of mailing of Department may collect past due, contract or other laws or regulations. the document, and to whom the legally enforceable debts through non- (c) Definitions. As used in this section document is being sent. Evidence of centralized administrative offset. See 31 the following definitions shall apply: service may be retained electronically so CFR 901.3(c). In these cases, the Agency means a department, agency, long as the manner of retention is Department may offset a payment court, court administrative office, or sufficient for evidentiary purposes. internally or make an offset request instrumentality in the executive, Garnishment means the process of directly to a Federal payment agency. judicial, or legislative branch of the withholding amounts from an (b) At least 30 days prior to offsetting Federal Government, including employee’s disposable pay and the a payment internally or requesting a government corporations. For purposes paying of those amounts to a creditor in Federal payment agency to offset a of this section, agency means either the satisfaction of a withholding order. payment, the Department will send agency that administers the program Withholding order means any order notice to the debtor in accordance with that gave rise to the debt or the agency for withholding or garnishment of pay the requirements of 31 U.S.C. 3716(a). that pursues recovery of the debt. issued by an agency, or judicial or When referring a debt for offset under Business day means Monday through administrative body. For purposes of this paragraph (b), the Department will Friday. For purposes of computation, this section, the terms ‘‘wage certify, in writing, that the debt is valid, the last day of the period will be garnishment order’’ and ‘‘garnishment delinquent, and legally enforceable, and included unless it is a Federal legal order’’ have the same meaning as that there are no legal bars to collection holiday. ‘‘withholding order.’’
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(d) General rule. Whenever the agency location of the hearing shall be debt is incorrect. In addition, the debtor determines that a delinquent debt is established by the agency. An oral may present evidence that the terms of owed by an individual, the agency may hearing may, at the debtor’s option, be the repayment schedule are unlawful or initiate proceedings administratively to conducted either in person or by would cause a financial hardship to the garnish the wages of the delinquent telephone conference. All travel debtor, or that collection of the debt debtor. expenses incurred by the debtor in may not be pursued due to operation of (e) Notice requirements. (1) At least 30 connection with an in-person hearing law. days before the initiation of garnishment will be borne by the debtor. All (8) Record. The hearing official must proceedings, the agency shall mail, by telephonic charges incurred during the maintain a summary record of any first class mail, to the debtor’s last hearing will be the responsibility of the hearing provided under this section. A known address, a written notice agency. hearing is not required to be a formal informing the debtor of: (iii) In those cases when an oral evidentiary-type hearing. However, (i) The nature and amount of the debt; hearing is not required by this section, witnesses who testify in in-person or (ii) The intention of the agency to the agency shall nevertheless accord the telephonic hearings will do so under initiate proceedings to collect the debt debtor a ‘‘paper hearing,’’ that is, the oath or affirmation. through deductions from pay until the agency will decide the issues in dispute (9) Date of decision. The hearing debt and all accumulated interest, based upon a review of the written official shall issue a written opinion penalties, and administrative costs are record. The agency will establish a stating the decision, as soon as paid in full; and reasonable deadline for the submission practicable, but not later than 60 days (iii) An explanation of the debtor’s of evidence. after the date on which the request for rights, including those set forth in (3) Effect of timely request. Subject to such hearing was received by the paragraph (e)(2) of this section, and the paragraph (f)(12) of this section, if the agency. If an agency is unable to provide timeframe within which the debtor may debtor’s written request is received by the debtor with a hearing and render a exercise those rights. the agency on or before the 15th decision within 60 days after the receipt (2) The debtor shall be afforded the business day following the mailing of of the request for such hearing: opportunity: the notice described in paragraph (e)(1) (i) The agency may not issue a (i) To inspect and copy agency of this section, the agency shall not withholding order until the hearing is records related to the debt; issue a withholding order under held and a decision rendered; or (ii) To enter into a written repayment paragraph (g) of this section until the (ii) If the agency had previously agreement with the agency under terms debtor has been provided the requested issued a withholding order to the agreeable to the agency; and hearing and a decision in accordance (iii) For a hearing in accordance with debtor’s employer, the agency must with paragraphs (f)(9) and (f)(10) of this suspend the withholding order paragraph (f) of this section concerning section has been rendered. the existence or the amount of the debt beginning on the 61st day after the (4) Failure to timely request a hearing. receipt of the hearing request and or the terms of the proposed repayment If the debtor’s written request is schedule under the garnishment order. continuing until a hearing is held and received by the agency after the 15th a decision is rendered. However, the debtor is not entitled to a business day following the mailing of hearing concerning the terms of the (10) Content of decision. The written the notice described in paragraph (e)(1) decision shall include: proposed repayment schedule if these of this section, the agency shall provide terms have been established by written (i) A summary of the facts presented; a hearing to the debtor. However, the (ii) The hearing official’s findings, agreement under paragraph (e)(2)(ii) of agency will not delay issuance of a this section. analysis, and conclusions; and withholding order unless the agency (iii) The terms of any repayment (3) The agency will retain evidence of determines that the delay in filing the service indicating the date of mailing of schedules, if applicable. request was caused by factors over (11) Final agency action. The hearing the notice. which the debtor had no control, or the (f) Hearing— official’s decision will be final agency agency receives information that the action for purposes of judicial review (1) Request for hearing. The agency agency believes justifies a delay or shall provide a hearing, which at the under the Administrative Procedure Act cancellation of the withholding order. (5 U.S.C. 701 et seq.). agency’s option may be oral or written, (5) Hearing official. A hearing official (12) Failure to appear. In the absence if the debtor submits a written request may be any qualified individual, as of good cause shown, a debtor who fails for a hearing concerning the existence or determined by the head of the agency, to appear at a hearing scheduled amount of the debt or the terms of the including an administrative law judge. repayment schedule (for repayment (6) Procedure. After the debtor pursuant to paragraph (f)(3) of this schedules established other than by requests a hearing, the hearing official section will be deemed as not having written agreement under paragraph shall notify the debtor of: timely filed a request for a hearing. (e)(2)(ii) of this section). (i) The date and time of a telephonic (g) Wage garnishment order. (1) (2) Type of hearing or review. (i) For hearing; Unless the agency receives information purposes of this section, whenever the (ii) The date, time, and location of an that the agency believes justifies a delay agency is required to afford a debtor a in-person oral hearing; or or cancellation of the withholding order, hearing, the agency shall provide the (iii) The deadline for the submission the agency will send, by first class mail, debtor with a reasonable opportunity for of evidence for a written hearing. a withholding order to the debtor’s an oral hearing when the agency (7) Burden of proof. (i) The agency employer: determines that the issues in dispute will have the initial burden of proving, (i) Within 30 days after the debtor cannot be resolved by review of the by a preponderance of the evidence, the fails to make a timely request for a documentary evidence, as, for example, existence or amount of the debt. hearing (i.e., within 15 business days when the validity of the claim turns on (ii) If the agency satisfies its initial after the mailing of the notice described the issue of credibility or veracity. burden, the debtor must prove, by a in paragraph (e)(1) of this section), or, (ii) If the agency determines that an preponderance of the evidence, that no (ii) If a timely request for a hearing is oral hearing is appropriate, the time and debt exists or that the amount of the made by the debtor, within 30 days after
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a final decision is made by the agency later in time. Notwithstanding the involuntary separation from to proceed with garnishment, or foregoing, withholding orders for family employment. (iii) As soon as reasonably possible support shall have priority over (k) Financial hardship. (1) A debtor thereafter. withholding orders issued under this whose wages are subject to a wage (2) The withholding order sent to the section. withholding order under this section, employer under paragraph (g)(1) of this (ii) If amounts are being withheld may, at any time, request a review by section shall be in a form prescribed by from a debtor’s pay pursuant to a the agency of the amount garnished, the Secretary of the Treasury. The withholding order served on an based on materially changed withholding order shall contain the employer before a withholding order circumstances such as disability, signature of, or the image of the issued pursuant to this section, or if a divorce, or catastrophic illness that signature of, the head of the agency or withholding order for family support is results in financial hardship. his/her delegatee. The order shall served on an employer at any time, the (2) A debtor requesting a review contain only the information necessary amounts withheld pursuant to the under paragraph (k)(1) of this section for the employer to comply with the withholding order issued under this shall submit the basis for claiming that withholding order. Such information section shall be the lesser of: the current amount of garnishment includes the debtor’s name, address, (A) The amount calculated under results in a financial hardship to the and Social Security Number, as well as paragraph (i)(2) of this section, or debtor, along with supporting instructions for withholding and (B) An amount equal to 25 percent of documentation. Agencies shall consider information as to where payments the debtor’s disposable pay less the any information submitted in should be sent. amount(s) withheld under the accordance with procedures and (3) The agency will retain evidence of withholding order(s) with priority. standards established by the agency. service indicating the date of mailing of (iii) If a debtor owes more than one (3) If a financial hardship is found, the order. debt to the agency, the agency may issue the agency shall downwardly adjust, by (h) Certification by employer. Along multiple withholding orders provided an amount and for a period of time with the withholding order, the agency that the total amount garnished from the agreeable to the agency, the amount shall send to the employer a debtor’s pay for such orders does not garnished to reflect the debtor’s certification in a form prescribed by the exceed the amount set forth in financial condition. The agency will Secretary of the Treasury. The employer paragraph (i)(2) of this section. notify the employer of any adjustments shall complete and return the (4) An amount greater than that set to the amounts to be withheld. (l) Ending garnishment. (1) Once the certification to the agency within the forth in paragraphs (i)(2) and (i)(3) of agency has fully recovered the amounts timeframe prescribed in the instructions this section may be withheld upon the owed by the debtor, including interest, to the form. The certification will written consent of the debtor. penalties, and administrative costs address matters such as information (5) The employer shall promptly pay consistent with the FCCS, the agency about the debtor’s employment status to the agency all amounts withheld in shall send the debtor’s employer and disposable pay available for accordance with the withholding order notification to discontinue wage withholding. issued pursuant to this section. (i) Amounts withheld. (1) After receipt withholding. (6) An employer shall not be required of the garnishment order issued under (2) At least annually, an agency shall to vary its normal pay and disbursement this section, the employer shall deduct review its debtors’ accounts to ensure cycles in order to comply with the from all disposable pay paid to the that garnishment has been terminated withholding order. applicable debtor during each pay for accounts that have been paid in full. period the amount of garnishment (7) Any assignment or allotment by an (m) Actions prohibited by the described in paragraph (i)(2) of this employee of his earnings shall be void employer. An employer may not section. to the extent it interferes with or discharge, refuse to employ, or take (2)(i) Subject to the provisions of prohibits execution of the withholding disciplinary action against the debtor paragraphs (i)(3) and (i)(4) of this order issued under this section, except due to the issuance of a withholding section, the amount of garnishment for any assignment or allotment made order under this section. shall be the lesser of: pursuant to a family support judgment (n) Refunds. (1) If a hearing official, at (A) The amount indicated on the or order. a hearing held pursuant to paragraph garnishment order up to 15 percent of (8) The employer shall withhold the (f)(2) of this section, determines that a the debtor’s disposable pay; or appropriate amount from the debtor’s debt is not legally due and owing to the (B) The amount calculated pursuant wages for each pay period until the United States, the agency shall promptly to the formula set forth in 15 U.S.C. employer receives notification from the refund any amount collected by means 1673(a)(2) (Restriction on Garnishment). agency to discontinue wage of administrative wage garnishment. The formula set forth at 15 U.S.C. withholding. The garnishment order (2) Unless required by Federal law or 1673(a)(2) is the amount by which a shall indicate a reasonable period of contract, refunds under this section debtor’s disposable pay exceeds an time within which the employer is shall not bear interest. amount equivalent to thirty times the required to commence wage (o) Right of action. The agency may Federal minimum wage. See 29 CFR withholding. sue any employer for any amount that 870.10. (j) Exclusions from garnishment. The the employer fails to withhold from (3) When a debtor’s pay is subject to agency may not garnish the wages of a wages owed and payable to an employee withholding orders with priority the debtor who it knows has been in accordance with paragraphs (g) and following shall apply: involuntarily separated from (i) of this section. However, a suit may (i) Unless otherwise provided by employment until the debtor has been not be filed before the termination of the Federal law, withholding orders issued reemployed continuously for at least 12 collection action involving a particular under this section shall be paid in the months. To qualify for this exclusion, debtor, unless earlier filing is necessary amounts set forth under paragraph (i)(2) upon the request of the agency, the to avoid expiration of any applicable of this section and shall have priority debtor must inform the agency of the statute of limitations period. For over withholding orders that are served circumstances surrounding an purposes of this section, ‘‘termination of
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the collection action’’ occurs when the (2) Fax: 202–493–2251. unbound format, no larger than 8 1⁄2 by agency has terminated collection action (3) Mail: Docket Management Facility 11 inches, suitable for copying and in accordance with the FCCS or other (M–30), U.S. Department of electronic filing. If you submit them by applicable standards. In any event, Transportation, West Building Ground mail and would like to know that they termination of the collection action will Floor, Room W12–140, 1200 New Jersey reached the Facility, please enclose a be deemed to have occurred if the Avenue SE., Washington, DC 20590– stamped, self-addressed postcard or agency has not received any payments 0001. envelope. We will consider all to satisfy the debt from the particular (4) Hand delivery: Same as mail comments and material received during debtor whose wages were subject to address above, between 9 a.m. and 5 the comment period. garnishment, in whole or in part, for a p.m., Monday through Friday, except Viewing comments and documents: period of 1 year. Federal holidays. The telephone number To view comments, go to http:// is 202–366–9329. Dated: February 3, 2015. www.regulations.gov, type the docket To avoid duplication, please use only number (USCG–2015–0090) in the Eric H. Holder, Jr. one of these four methods. See the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Attorney General. ‘‘Public Participation and Request for Click on ‘‘Open Docket Folder’’ on the [FR Doc. 2015–02587 Filed 2–17–15; 8:45 am] Comments’’ portion of the line associated with this rulemaking. BILLING CODE 4410–AR–P SUPPLEMENTARY INFORMATION section You may also visit the Docket below for instructions on submitting Management Facility in Room W12–140 comments. on the ground floor of the Department DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: If of Transportation West Building, 1200 SECURITY you have questions about this New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Coast Guard document, call or email Lieutenant Ashley Holm, Mariner Credentialing Monday through Friday, except Federal holidays. We have an agreement with 46 CFR Part 10 Program Policy Division (CG–CVC–4), U.S. Coast Guard, telephone 202–372– the Department of Transportation to use [Docket No. USCG–2015–0090] 2357, email [email protected]. If the Docket Management Facility. you have questions on viewing material Privacy Act: Anyone can search the Medical Waivers for Merchant Mariner in the docket, call Docket Operations at electronic form of comments received Credential Applicants With the 202–366–9826. into any of our dockets by the name of Following Conditions: SUPPLEMENTARY INFORMATION: the individual submitting the comment Cardiomyopathy; Diabetes Mellitus; (or signing the comment, if submitted Narcolepsy; and Obstructive Sleep I. Public Participation on behalf of an association, business, Apnea You may submit comments and labor union, etc.). You may review a Privacy Act system of records notice AGENCY: Coast Guard, DHS. related material regarding whether the policy clarification proposed in this regarding our public dockets in the ACTION: Notice of proposed policy document should be incorporated into January 17, 2008, issue of the Federal clarification and request for comments. final policy on the medical evaluation Register (73 FR 3316). SUMMARY: The Coast Guard is seeking guidelines for mariners with Background and Purpose public comment on the policy cardiomyopathy, diabetes mellitus, 46 CFR 10.302 contains the medical clarification proposed in this document narcolepsy or obstructive sleep apnea. All comments received will be posted, standards that merchant mariners must regarding the specific medical meet prior to being issued a merchant documentation the Coast Guard will without change, to http:// www.regulations.gov and will include mariner credential (MMC). In cases consider in determining whether a where the mariner does not meet the medical waiver is warranted for any personal information you have provided. medical standards in 46 CFR 10.302, merchant mariners with waivers may be granted when the Coast cardiomyopathy, diabetes mellitus, or Submitting comments: If you submit a comment, please include the docket Guard determines that extenuating obstructive sleep apnea. Additionally, circumstances warrant special the proposed policy clarification number for this document (USCG– 2015–0090) and provide a reason for consideration. See 46 CFR 10.303. specifies that narcolepsy, idiopathic Current Coast Guard guidance in hypersomnia, and other hypersomnias each suggestion or recommendation. You may submit your comments and Enclosure (3) to Navigation and Vessel of central origin, are medically Inspection Circular 04–08, Medical and disqualifying and generally not material online or by fax, mail or hand delivery, but please use only one of Physical Evaluation Guidelines for waiverable due to significant risk of Merchant Mariner Credentials (NVIC sudden and unpredictable these means. We recommend that you include your name and a mailing 04–08), which is available at http:// incapacitation of individuals who have www.uscg.mil/hq/cg5/nvic/pdf/2008/ these conditions. address, an email address, or a telephone number in the body of your NVIC%2004-08%20CH%201%20with% DATES: Comments and related material document so that we can contact you if 20Enclosures%2020130607.pdf.), states must either be submitted to our online we have questions regarding your that the conditions of cardiomyopathy, docket via http://www.regulations.gov submission. diabetes mellitus, narcolepsy and on or before May 19, 2015 or reach the To submit your comment online, go to obstructive sleep apnea 1 require further Docket Management Facility by that http://www.regulations.gov, type the date. docket number (USCG–2015–0090) in 1 Enclosure (3) to Navigation and Vessel Inspection Circular 04–08, Medical and Physical ADDRESSES: You may submit comments the ‘‘SEARCH’’ box and click Evaluation Guidelines for Merchant Mariner identified by docket number USCG– ‘‘SEARCH.’’ Click on ‘‘Submit a Credentials, Item number 179, specifies that sleep 2015–0090 using any one of the Comment’’ on the line associated with apnea and other sleep disorders are subject to further review. Obstructive sleep apnea (OSA) is following methods: this document. one specific type of sleep apnea and is, therefore, (1) Federal eRulemaking Portal: If you submit your comments by mail subject to further review under the same item http://www.regulations.gov. or hand delivery, submit them in an number.
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review. The same guidance publishes defibrillators.2 Individuals with absence of impairing diabetic complications, the ‘‘recommended evaluation data’’ cardiomyopathy who have been advised to then mariners with a consistent pattern of that should be submitted for each undergo placement of an ICD by their HbA1c levels of less than or equal to 10% condition; however it does not specify cardiologist, but have failed to comply, do may be considered for a waiver, with annual not meet the low risk criteria for reporting requirements. the medical criteria that the Coast Guard consideration for a medical waiver. These 3. Mariners with HbA1c levels greater than will consider in evaluating whether the individuals may be denied medical 10% are generally not considered for a risks associated with these conditions certification. waiver unless extenuating circumstances are low enough to warrant a medical Justification: The Coast Guard recognizes confirm temporary irregularity due to acute waiver. that there is significant clinical variation illness, medication interaction, or other within the population of individuals with short-term occurrence that is not likely to Since the issuance of NVIC 04–08 on cardiomyopathy, and that not all individuals recur. September 15, 2008, there have been with cardiomyopathy carry the same risks of Justification: Although poorly controlled several instances where mariners sought sudden incapacitation or sudden death. diabetes can lead to long term diabetic waivers for these conditions. In some These criteria seek to discern those complications, the consequences of cases, mariners with these conditions individuals with cardiomyopathy who have hypoglycemia pose an immediate threat of were granted waivers; in other cases, the factors that mitigate their risk, and who have sudden incapacitation with a greater risk to conditions were deemed an prognostic indicators suggestive of a low risk public and maritime safety. of sudden incapacitation or adverse cardiac III. NVIC 04–08, Condition #194: Diabetes unacceptable risk and medical event. certification was denied. Published requiring oral medication. II. NVIC 04–08, Condition # 193: Diabetes 1. Submit an evaluation from the treating guidance on the criteria that will be mellitus treated with insulin or with history physician documenting interval history and used in determining whether an of diabetic ketoacidosis (DKA). Individuals two current glycated hemoglobin (HbA1c) applicant’s medical condition warrants with this condition may be denied medical levels separated by at least 90 days, the most a medical waiver will support Coast certification unless they meet the criteria for recent of which is no more than 90 days old. Guard efforts to consistently evaluate a medical waiver: Ophthalmology consultation may be 1. Submit an evaluation from the treating merchant mariners with these required. Graded exercise testing may be physician documenting interval history and required. conditions and assess whether the risk two current glycated hemoglobin (HbA1c) 2. If the evaluation of the treating associated with an applicant’s medical levels separated by at least 90 days, the most physician supports good compliance with the condition is sufficiently mitigated to recent of which is no more than 90 days old. treatment regimen, the absence of recent, An ophthalmology consultation may be warrant a medical waiver under 46 CFR severe hypoglycemic (*) episodes, and the 10.303. required. Graded exercise testing may be required. absence of impairing diabetic complications, Under the proposed policy, a medical 2. If the evaluation of the treating then mariners with a consistent pattern of waiver will be required for the physician supports good compliance with the HbA1c levels of less than 8% may be conditions of cardiomyopathy, sleep treatment regimen, the absence of recent, considered for a waiver with biennial (every severe hypoglycemic episodes,3 and the two years) reporting requirements; and apnea, and diabetes mellitus. mariners with HbA1c levels between 8%– In determining whether a mariner 10% inclusive may be considered for a 2 NVIC 04–08 Condition #81, Anti-tachycardia having one of the aforementioned devices or implantable cardioverter defibrillators waiver, with annual reporting requirements. conditions warrants a medical waiver directs that conditions requiring use of these 3. Mariners with HbA1c levels of greater under 46 CFR 10.303, the Coast Guard devices are ‘‘generally not waiverable.’’ Enclosure than 10% are generally not considered for seeks public input on whether the Coast (7) to NVIC 04–08 contains the criteria for waiver unless extenuating circumstances consideration for a medical waiver for conditions confirm temporary irregularity due to acute Guard should consider the following requiring use of these devices. The criteria are illness, medication interaction, or other specific medical documentation and summarized as follows: (1) The applicant does not short-term occurrence that is not likely to medical criteria: have a diagnosis of a cardiac channelopathy affecting the electrical conduction of the heart (to recur. I. NVIC 04–08, Condition #77: Cardiac include Brugada syndrome, Long QT syndrome, Justification: Although poorly controlled decompensation or cardiomyopathy. etc.); (2) The applicant does not have a prior history diabetes can lead to long term diabetic Individuals with these conditions may be of ventricular fibrillation or episodes of sustained complications, the consequences of denied medical certification unless they meet ventricular tachycardia within the last three years; hypoglycemia pose an immediate threat of (3) The ICD or anti-tachycardia device was sudden incapacitation with risk to public and the criteria for a medical waiver. implanted more than three years ago; (4) The ICD 1. Submit a cardiology consultation, maritime safety. has not fired nor has the applicant required anti- IV. NVIC 04–08, Condition # 179: nuclear exercise stress test, echocardiogram tachycardia pacing therapy within the last three Obstructive Sleep Apnea, Central Sleep and 24-hour Holter monitor. years; (5) There are no additional risk factors for 2. Criteria for consideration for a waiver inappropriate shock such as uncontrolled atrial Apnea, Narcolepsy, Periodic Limb Movement, Restless Leg Syndrome or other include: a left ventricular ejection fraction of fibrillation; (6) The applicant’s left ventricular sleep disorders. ≥35%, no symptomatic or clinically ejection fraction is greater than 35% with a steady or improving trend; (7) There is no history of any 1. Submit all pertinent medical significant heart failure in the past 2 years symptomatic or clinically significant heart failure in information, including sleep studies and a (must be New York Heart Association Class the past two years; (8) There is no evidence of status report. If surgically treated, please I), absence of significant ischemia on stress significant reversible ischemia on myocardial submit a post-operative polysomnogram to ≥ perfusionimaging exercise stress testing; (9) The testing, exercise capacity of 8 METs, no document cure. history of syncope or ventricular arrhythmia applicant’s exercise capacity on formal stress testing (using standard Bruce Protocol) is greater 2. Narcolepsy,idiopathic hypersomnia and in the past three years; and the written other hypersomnias of central origin: Due to opinion of the treating cardiologist or than or equal to the 8 METs (metabolic equivalents); (10) The applicant’s treating cardiologist or the significant risk of sudden and electrophysiologist supports low risk for electrophysiologist provides a written assessment of unpredictable incapacitation of individuals sudden death, ventricular arrhythmia, the individual that supports a determination that who have these conditions, narcolepsy, adverse cardiac event and sudden the mariner is at low risk for future arrhythmia, idiopathic hypersomnia and other incapacitation based upon objective testing adverse cardiac event or sudden incapacitation hypersomnias of central origin are and standard evaluation tools. based upon objective testing and standard evaluation tools; (11) The applicant does not have considered disqualifying. Additionally, the 3. Note: Individuals with cardiomyopathy Coast Guard does not consider the conditions who have had an implantable cardioverter any other medical conditions which may alone, or incombination with an ICD or anti-tachycardia defibrillator (ICD) placed, will be evaluated device, affect the mariner’s fitness. months resulting in seizure, loss of consciousness under the criteria for condition #81, Anti- 3 Recent, severe hypoglycemic episode is an or altered consciousness, or requiring assistance tachycardia devices or implantable episode of hypoglycemia within the prior 12 from another person for treatment.
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of narcolepsy,idiopathic hypersomnia, or months. For OSA treated by other means, sleep period) on at least 70% of all nights (or other hypersomnias of central origin, as low submit a polysomnogram demonstrating the major sleep periods). enough risk to warrant consideration for a effectiveness of the alternative therapy. medical waiver. B. For purposes of receiving or maintaining Authority: This document is issued under 3. Obstructive Sleep Apnea (OSA): a medical waiver, minimum compliance with the authority of 5 U.S.C. 552(a) and 46 U.S.C. A. Medical waivers for OSA require positive airway pressure therapy is defined 7101 et seq. submission of an annual sleep specialist as: evaluation that documents treatment efficacy, (i) Proper use of the CPAP/BiPAP device Dated: February 10, 2015. the patient’s treatment compliance and an for at least four hours per night (or per major J.C. Burton, assessment for symptoms of daytime sleep period) during all major sleep periods Captain, U.S. Coast Guard, Director of sleepiness. If treated with CPAP/BiPAP, the while acting under the authority of the Inspections & Compliance. evaluation should include a compliance mariner credential, and information report from the positive airway (ii) Proper use of the CPAP/BiPAP device [FR Doc. 2015–03109 Filed 2–17–15; 8:45 am] pressure device that covers the preceding 12 for at least four hours per night (or per major BILLING CODE 9110–04–P
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Notices Federal Register Vol. 80, No. 32
Wednesday, February 18, 2015
This section of the FEDERAL REGISTER through Friday, except holidays. To be According to our process 1 for contains documents other than rules or sure someone is there to help you, soliciting public comment when proposed rules that are applicable to the please call (202) 799–7039 before considering petitions for determinations public. Notices of hearings and investigations, coming. of nonregulated status of genetically committee meetings, agency decisions and engineered (GE) organisms, APHIS rulings, delegations of authority, filing of Supporting documents are also petitions and applications and agency available on the APHIS Web site at accepts written comments regarding a statements of organization and functions are http://www.aphis.usda.gov/ petition once APHIS deems it complete. 2 examples of documents appearing in this biotechnology/petitions_table_ In a notice published in the Federal section. pending.shtml under APHIS Petition Register on July 13, 2012 (77 FR 41362– Number 10–161–01p. 41363, Docket No. APHIS–2012–0025), APHIS announced the availability of the DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Dr. Okanagan petition for public comment. John Turner, Director, Environmental APHIS solicited comments on the Animal and Plant Health Inspection Risk Analysis Programs, Biotechnology petition for 60 days ending on Service Regulatory Services, APHIS, 4700 River September 11, 2012, in order to help Road Unit 147, Riverdale, MD 20737– [Docket No. APHIS–2012–0025] identify potential environmental and 1236; (301) 851–3954, email: interrelated economic issues and Okanagan Specialty Fruits, Inc.; [email protected]. To obtain impacts that APHIS may determine Determination of Nonregulated Status copies of the supporting documents for should be considered in our evaluation of Apples Genetically Engineered To this petition, contact Ms. Cindy Eck at of the petition. Resist Browning (301) 851–3892, email: cynthia.a.eck@ APHIS received 1,939 comments on aphis.usda.gov. the petition. Several of these comments AGENCY: Animal and Plant Health included electronic attachments Inspection Service, USDA. SUPPLEMENTARY INFORMATION: consisting of consolidated documents of ACTION: Notice. Background many identical or nearly identical letters, for a total of 72,745 comments. SUMMARY: We are advising the public of The regulations in 7 CFR part 340, Issues raised during the comment our determination that apple events ‘‘Introduction of Organisms and period included concerns regarding developed by Okanagan Specialty Products Altered or Produced Through marketing and economic impacts; cross- Fruits, Inc., designated as events GD743 Genetic Engineering Which Are Plant pollination; and health, nutrition, and and GS784, which have been genetically Pests or Which There Is Reason to food safety. APHIS decided, based on its engineered to resist browning, are no Believe Are Plant Pests,’’ regulate, review of the petition and its evaluation longer considered a regulated article among other things, the introduction and analysis of the comments received under our regulations governing the (importation, interstate movement, or during the 60-day public comment introduction of certain genetically release into the environment) of period on the petition, that the petition engineered organisms. Our organisms and products altered or involves a GE organism that involves a determination is based on our produced through genetic engineering new crop trait or raises substantive new evaluation of data submitted by that are plant pests or that there is issues. According to our public review Okanagan Specialty Fruits, Inc., in its reason to believe are plant pests. Such process for such petitions (see footnote petition for a determination of genetically engineered organisms and 1), APHIS first solicits written nonregulated status, our analysis of products are considered ‘‘regulated comments from the public on a draft available scientific data, and comments articles.’’ environmental assessment (EA) and a received from the public in response to The regulations in § 340.6(a) provide plant pest risk assessment (PPRA) for a our previous notices announcing the that any person may submit a petition 30-day comment period through the availability of the petition for to the Animal and Plant Health publication of a Federal Register notice. nonregulated status and its associated Inspection Service (APHIS) seeking a Then, after reviewing and evaluating the environmental assessment and plant determination that an article should not comments on the draft EA and the PPRA pest risk assessment. This notice also be regulated under 7 CFR part 340. and other information, APHIS revises announces the availability of our APHIS received a petition (APHIS the PPRA as necessary and prepares a written determination and finding of no Petition Number 10–161–01p) from final EA and, based on the final EA, a significant impact. Okanagan Specialty Fruits, Inc., National Environmental Policy Act DATES: Effective February 18, 2015. (Okanagan) of British Columbia, 1 On March 6, 2012, APHIS published in the ADDRESSES: You may read the Canada, seeking a determination of Federal Register (77 FR 13258–13260, Docket No. documents referenced in this notice and nonregulated status of apples (Malus x APHIS–2011–0129) a notice describing our public the comments we received at http:// domestica) designated as events GD743 review process for soliciting public comments and and GS784, which have been genetically information when considering petitions for www.regulations.gov/#!docketDetail; determinations of nonregulated status for GE D=APHIS-2012-0025 or in our reading engineered to resist browning. The organisms. To view the notice, go to http:// room, which is located in room 1141 of petition states that these apples are www.regulations.gov/#!docketDetail;D=APHIS- the USDA South Building, 14th Street unlikely to pose a plant pest risk and, 2011-0129. therefore, should not be a regulated 2 To view the notice, the petition, the comments and Independence Avenue SW., we received, and other supporting documents, go to Washington, DC. Normal reading room article under APHIS’ regulations in 7 http://www.regulations.gov/ hours are 8 a.m. to 4:30 p.m., Monday CFR part 340. #!docketDetail;D=APHIS-2012-0025.
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(NEPA) decision document (either a impacts associated with the Authority: 7 U.S.C. 7701–7772 and 7781– finding of no significant impact (FONSI) determination of nonregulated status of 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and or a notice of intent to prepare an Okanagan’s apple events GD743 and 371.3. environmental impact statement). If a GS784. The EA was prepared in Done in Washington, DC, this 12th day of FONSI is reached, APHIS furnishes a accordance with: (1) NEPA, as amended February 2015. response to the petitioner, either (42 U.S.C. 4321 et seq.), (2) regulations Michael C. Gregoire, approving or denying the petition. of the Council on Environmental Acting Administrator, Animal and Plant APHIS also publishes a notice in the Quality for implementing the Health Inspection Service. Federal Register announcing the procedural provisions of NEPA (40 CFR [FR Doc. 2015–03272 Filed 2–17–15; 8:45 am] regulatory status of the GE organism and parts 1500–1508), (3) USDA regulations BILLING CODE 3410–34–P the availability of APHIS’ final EA, implementing NEPA (7 CFR part 1b), PPRA, FONSI, and our regulatory and (4) APHIS’ NEPA Implementing determination. Procedures (7 CFR part 372). Based on APHIS sought public comment on a our EA, the response to public DEPARTMENT OF COMMERCE draft EA and a PPRA from November 8, comments, and other pertinent scientific 2013, to January 30, 2014.3 APHIS data, APHIS has reached a FONSI with Economic Development Administration solicited comments on the draft EA, the regard to the preferred alternative PPRA, and whether the subject apples identified in the EA (to make a Notice of Petitions by Firms for are likely to pose a plant pest risk. determination of nonregulated status of Determination of Eligibility To Apply APHIS received 105,971 comments apple events GD743 and GS784). for Trade Adjustment Assistance during the comment period, of which 100,976 were form letters. The majority Determination AGENCY: Economic Development of the comments expressed general Based on APHIS’ analysis of field and Administration, Department of opposition to APHIS making a laboratory data submitted by Okanagan, Commerce. determination of nonregulated status of references provided in the petition, ACTION: GE organisms. Issues raised during the Notice and opportunity for peer-reviewed publications, information public comment. comment period included concerns analyzed in the EA, the PPRA, regarding potential effects on human comments provided by the public, and and animal health and nontarget Pursuant to Section 251 of the Trade information provided in APHIS’ organisms and economic impacts on Act 1974, as amended (19 U.S.C. 2341 response to those public comments, apple growers. APHIS has addressed the et seq.), the Economic Development APHIS has determined that Okanagan’s issues raised during the comment Administration (EDA) has received apple events GD743 and GS784 are period and has provided responses to petitions for certification of eligibility to unlikely to pose a plant pest risk and comments as an attachment to the apply for Trade Adjustment Assistance therefore are no longer subject to our FONSI. from the firms listed below. regulations governing the introduction Accordingly, EDA has initiated National Environmental Policy Act of certain GE organisms. investigations to determine whether After reviewing and evaluating the Copies of the signed determination increased imports into the United States comments received during the comment document, PPRA, final EA, FONSI, and of articles like or directly competitive period on the draft EA and the PPRA response to comments, as well as the with those produced by each of these and other information, APHIS has previously published petition and firms contributed importantly to the prepared a final EA. The EA has been supporting documents, are available as total or partial separation of the firm’s prepared to provide the public with indicated in the ADDRESSES and FOR workers, or threat thereof, and to a documentation of APHIS’ review and FURTHER INFORMATION CONTACT sections decrease in sales or production of each analysis of any potential environmental of this notice. petitioning firm.
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [1/21/2015 through 2/11/2015]
Date accepted for Firm name Firm address investigation Product(s)
Detroit Tool & Engineering, Inc ...... 1107 Springer Road, Lebanon, MO 2/6/2015 The firm manufactures customized 65536. fabricated metal products including HVAC, appliances, heavy truck, ma- chine bases, fixtures, electrical pan- els and rotating safety clamps. Master Hatters of Texas, Inc ...... 2945 Market Street, Garland, TX 2/11/2015 The firm manufactures hats. 75041.
Any party having a substantial A written request for a hearing must be 71030, Economic Development interest in these proceedings may submitted to the Trade Adjustment Administration, U.S. Department of request a public hearing on the matter. Assistance for Firms Division, Room Commerce, Washington, DC 20230, no
3 In a notice (see footnote 2) published in the December 9, 2013. In a notice published in Federal 30, 2014. We also indicated in that notice that we Federal Register on November 8, 2013, (78 FR Register on December 31, 2013, (78 FR 79568– would consider all comments received between 67100–67101, Docket No. APHIS–2012–0025), 79569, Docket No. APHIS–2012–0025), APHIS December 10, 2013 (the day after the close of the APHIS announced the availability of a draft EA and reopened the comment period on the draft EA and original comment period) and the date of the notice. a PPRA for public comment for 30 days, ending the PPRA for an additional 30 days, ending January
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later than ten (10) calendar days suggests that presenters forward the A limited number of seats will be following publication of this notice. public presentation materials prior to available for the public session. Please follow the requirements set the meeting to Ms. Springer via email. Reservations are not accepted. To the forth in EDA’s regulations at 13 CFR The Assistant Secretary for extent that time permits, members of the 315.9 for procedures to request a public Administration, with the concurrence of public may present oral statements to hearing. The Catalog of Federal the delegate of the General Counsel, the Committee. The public may submit Domestic Assistance official number formally determined on October 10, written statements at any time before or and title for the program under which 2014, pursuant to section 10(d) of the after the meeting. However, to facilitate these petitions are submitted is 11.313, Federal Advisory Committee Act, as the distribution of public presentation Trade Adjustment Assistance for Firms. amended (5 U.S.C. app. 2 section materials to the Committee members, Dated: February 11, 2015. (10)(d)), that the portion of the meeting the Committee suggests that presenters Michael S. DeVillo, dealing with pre-decisional changes to forward the public presentation the Commerce Control List and U.S. Eligibility Examiner. materials prior to the meeting to Ms. export control policies shall be exempt Springer via email. [FR Doc. 2015–03258 Filed 2–17–15; 8:45 am] from the provisions relating to public For more information, call Yvette BILLING CODE 3510–WH–P meetings found in 5 U.S.C. app. 2 Springer at (202) 482–2813. sections 10(a)(1) and 10(a)(3). The Dated: February 12, 2015. DEPARTMENT OF COMMERCE remaining portions of the meeting will be open to the public. Yvette Springer, Committee Liaison Officer. Bureau of Industry and Security For more information, call Yvette Springer at (202) 482–2813. [FR Doc. 2015–03322 Filed 2–17–15; 8:45 am] Transportation and Related Equipment Dated: February 12, 2015. BILLING CODE 3510–JT–P Technical Advisory Committee; Notice Yvette Springer, of Partially Closed Meeting Committee Liaison Officer. DEPARTMENT OF COMMERCE The Transportation and Related [FR Doc. 2015–03320 Filed 2–17–15; 8:45 am] Equipment Technical Advisory BILLING CODE P Bureau of Industry and Security Committee will meet on March 4, 2015, 9:30 a.m., in the Herbert C. Hoover Materials Technical Advisory Building, Room 3884, 14th Street DEPARTMENT OF COMMERCE Committee; Notice of Open Meeting between Constitution & Pennsylvania Bureau of Industry and Security The Materials Technical Advisory Avenues NW., Washington, DC. The Committee will meet on March 5, 2015, Committee advises the Office of the Materials Processing Equipment 10:00 a.m., Herbert C. Hoover Building, Assistant Secretary for Export Technical Advisory Committee: Notice Room 3884, 14th Street between Administration with respect to technical of Open Meeting Constitution & Pennsylvania Avenues questions that affect the level of export NW., Washington, DC. The Committee controls applicable to transportation The Materials Processing Equipment advises the Office of the Assistant and related equipment or technology. Technical Advisory Committee Secretary for Export Administration (MPETAC) will meet on March 10, 2015, Agenda with respect to technical questions that 9:00 a.m., Room 3884, in the Herbert C. affect the level of export controls Public Session Hoover Building, 14th Street between applicable to materials and related 1. Welcome and Introductions. Pennsylvania and Constitution Avenues technology. 2. Status reports by working group NW., Washington, DC The Committee chairs. advises the Office of the Assistant Agenda 3. Public comments and Proposals. Secretary for Export Administration Open Session with respect to technical questions that Closed Session affect the level of export controls 1. Opening Remarks and Introduction 4. Discussion of matters determined to applicable to materials processing of Dr. Richard Duncan, Director be exempt from the provisions relating equipment and related technology. Chemical and Biological Controls Division. to public meetings found in 5 U.S.C. Agenda app. 2 sections 10(a)(1) and 10(a)(3). 2. Remarks from BIS senior The open session will be accessible Open Session management. via teleconference to 20 participants on 1. Opening remarks and 3. Presentation on NSF Workshop on a first come, first serve basis. To join the introductions. the Global Movement and Tracking of conference, submit inquiries to Ms. 2. Presentation of papers and Chemical Manufacturing Equipment in Yvette Springer at Yvette.Springer@ comments by the Public. May 2014 by Clara Zahradnik from bis.doc.gov no later than February 25, 3. Discussions on results from last, DuPont. 2015. and proposals from last Wassenaar 4. Report from working groups: Public A limited number of seats will be meeting. Domain issues, Composite Working available during the public session of 4. Report on proposed and recently Group, Biological Working Group, the meeting. Reservations are not issued changes to the Export Pump and Valves Working Group. accepted. To the extent time permits, Administration Regulations. 5. Report on regime-based activities. members of the public may present oral 5. Other business. 6. Public Comments and New statements to the Committee. The public The open session will be accessible Business. may submit written statements at any via teleconference to 20 participants on The open session will be accessible time before or after the meeting. a first come, first serve basis. To join the via teleconference to 20 participants on However, to facilitate distribution of conference, submit inquiries to Ms. a first come, first serve basis. To join the public presentation materials to Yvette Springer at Yvette.Springer@ conference, submit inquiries to Ms. Committee members, the Committee bis.doc.gov, no later than March 3, 2015. Yvette Springer at Yvette.Springer@
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bis.doc.gov no later than February 26, The seven TACs are responsible for DEPARTMENT OF COMMERCE 2015. advising the Department of Commerce A limited number of seats will be on the technical parameters for export International Trade Administration available during the public session of controls and the administration of those [A–570–010, C–570–011] the meeting. Reservations are not controls within the following areas: accepted. To the extent time permits, Information Systems TAC: Control List Certain Crystalline Silicon Photovoltaic members of the public may present oral Categories 3 (electronics), 4 (computers), Products From the People’s Republic statements to the Committee. The public and 5 (telecommunications and of China: Antidumping Duty Order; and may submit written statements at any information security); Materials TAC: Amended Final Affirmative time before or after the meeting. Control List Category 1 (materials, Countervailing Duty Determination and However, to facilitate distribution of Countervailing Duty Order public presentation materials to chemicals, microorganisms, and toxins); Materials Processing Equipment TAC: Committee members, the Committee AGENCY: Enforcement and Compliance, suggests that presenters forward the Control List Category 2 (materials International Trade Administration, public presentation materials prior to processing); Regulations and Procedures Department of Commerce. TAC: The Export Administration the meeting to Ms. Springer via email. SUMMARY: Based on affirmative final Regulations (EAR) and Procedures for For more information, call Yvette determinations by the Department of implementing the EAR; Sensors and Springer at (202) 482–2813. Commerce (the Department) and the Dated: February 12, 2015. Instrumentation TAC: Control List International Trade Commission (the Yvette Springer, Category 6 (sensors and lasers); ITC), the Department is issuing Transportation and Related Equipment Committee Liaison Officer. antidumping duty (AD) and TAC: Control List Categories 7 [FR Doc. 2015–03325 Filed 2–17–15; 8:45 am] countervailing duty (CVD) orders on (navigation and avionics), 8 (marine), BILLING CODE 3510–JT–P certain crystalline silicon photovoltaic and 9 (propulsion systems, space products (certain solar products) from vehicles, and related equipment) and the People’s Republic of China (the DEPARTMENT OF COMMERCE the Emerging Technology and Research PRC). Also, as explained in this notice, Advisory Committee: (1) The the Department is amending its final Bureau of Industry and Security identification of emerging technologies affirmative CVD determination to and research and development activities correct an error regarding the inclusion Technical Advisory Committees; that may be of interest from a dual-use of a subsidy program that was not Notice of Recruitment of Private-Sector perspective; (2) the prioritization of new properly reflected on the record of the Members and existing controls to determine CVD investigation. SUMMARY: Seven Technical Advisory which are of greatest consequence to DATES: Effective Date: February 18, Committees (TACs) advise the national security; (3) the potential 2015. Department of Commerce on the impact of dual-use export control FOR FURTHER INFORMATION CONTACT: Jeff technical parameters for export controls requirements on research activities; and Pedersen at (202) 482–2769 or Thomas applicable to dual-use commodities and (4) the threat to national security posed Martin at (202) 482–3936 (AD); or Gene technology and on the administration of by the unauthorized exports of Calvert at (202) 482–3586 or Justin those controls. The TACs are composed technologies. Neuman at (202) 482–0486 (CVD), AD/ of representatives from industry To respond to this recruitment notice, CVD Operations, Enforcement and representatives, academic leaders and please send a copy of your resume to Compliance, International Trade U.S. Government representing diverse Administration, U.S. Department of points of view on the concerns of the Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov. Commerce, 14th Street and Constitution exporting community. Industry Avenue NW., Washington, DC 20230. representatives are selected from firms Deadline: This Notice of Recruitment producing a broad range of goods, will be open for one year from its date SUPPLEMENTARY INFORMATION: technologies, and software presently of publication in the Federal Register. Background controlled for national security, non- FOR FURTHER INFORMATION CONTACT: On December 23, 2014, the proliferation, foreign policy, and short Ms. Department published its affirmative supply reasons or that are proposed for Yvette Springer on (202) 482–2813. final determination of sales at less than such controls, balanced to the extent Dated: February 12, 2015. fair value (LTFV) in the AD possible among large and small firms. Yvette Springer, TAC members are appointed by the investigation of certain solar products Committee Liaison Officer. 1 Secretary of Commerce and serve terms from the PRC, and its final affirmative of not more than four consecutive years. [FR Doc. 2015–03323 Filed 2–17–15; 8:45 am] determination that countervailable The membership reflects the BILLING CODE 3510–JT–P subsidies are being provided to producers and exporters of certain solar Department’s commitment to attaining 2 balance and diversity. TAC members products from the PRC. On February 5, must obtain secret-level clearances prior 2015, the ITC notified the Department of to appointment. These clearances are its final determination pursuant to necessary so that members may be 1 See Certain Crystalline Silicon Photovoltaic permitted access to the classified Products From the People’s Republic of China: information needed to formulate Final Determination of Sales at Less Than Fair recommendations to the Department of Value, 79 FR 76970 (December 23, 2014). Commerce. Each TAC meets 2 See Countervailing Duty Investigation of Certain Crystalline Silicon Photovoltaic Products From the approximately four times per year. People’s Republic of China: Final Affirmative Members of the Committees will not be Countervailing Duty Determination, 79 FR 76962 compensated for their services. (December 23, 2014) (CVD Final Determination).
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sections 735(d) and 705(d) of the Tariff whether or not assembled into modules, Solar. At the verification of Trina Solar’s Act of 1930, as amended (the Act), that laminates and/or panels, from the PRC.4 questionnaire responses, we discovered an industry in the United States is Merchandise covered by these orders unreported subsidy programs in Trina materially injured within the meaning is currently classified in the Solar’s accounting system. We of sections 735(b)(1)(A)(i) and Harmonized Tariff Schedule of the translated certain line items from that 705(b)(1)(A)(i) of the Act by reason of United States (HTSUS) under accounting system at verification and LTFV imports and subsidized imports of subheadings 8501.61.0000, found that every translated line item subject merchandise from the PRC.3 8507.20.8030, 8507.20.8040, represented a countervailable subsidy in 8507.20.8060, 8507.20.8090, our CVD Final Determination. In so Scope of the Orders 8541.40.6020, 8541.40.6030 and doing, we inadvertently countervailed a The merchandise covered by these 8501.31.8000. These HTSUS subsidy program that did not appear orders are modules, laminates and/or subheadings are provided for among the list of translated subsidy panels consisting of crystalline silicon convenience and customs purposes; the programs submitted as a verification photovoltaic cells, whether or not written description of the scope of these exhibit.8 This amended final CVD partially or fully assembled into other orders is dispositive. determination corrects this error and products, including building integrated revises the ad valorem subsidy rate for materials. For purposes of these orders, Amendment to the CVD Final Determination Trina Solar. subject merchandise includes modules, In the CVD Final Determination, we laminates and/or panels assembled in On December 23, 2014, the based the estimated subsidy rate for ‘‘all the PRC consisting of crystalline silicon Department published its affirmative others’’ by calculating the simple photovoltaic cells produced in a final determination in the CVD average of Trina Solar’s and Wuxi customs territory other than the PRC. investigation.5 On December 24, 2014, Suntech’s estimated subsidy rates.9 Subject merchandise includes Changzhou Trina Solar Energy Co., Ltd. Because the subsidy rate for all others modules, laminates and/or panels (Trina Solar) and Wuxi Suntech Power is based on the rates for Trina Solar and assembled in the PRC consisting of Co., Ltd. (Wuxi Suntech), respondents Wuxi Suntech, and the rate for Trina crystalline silicon photovoltaic cells of in the CVD investigation, submitted Solar changed because of the thickness equal to or greater than 20 timely ministerial error allegations and aforementioned ministerial error, we micrometers, having a p/n junction requested that the Department correct have revised the calculation for the formed by any means, whether or not the alleged ministerial errors in the estimated subsidy rate for all others in the cell has undergone other processing, subsidy margin calculations.6 On this amended final CVD including, but not limited to, cleaning, December 29, 2014, SolarWorld determination.10 The amended etching, coating, and/or addition of Americas, Inc., the petitioner in the estimated ad valorem subsidy rates are materials (including, but not limited to, CVD investigation, submitted timely provided below. metallization and conductor patterns) to rebuttal comments on Trina Solar’s and collect and forward the electricity that Wuxi Suntech’s allegations.7 No other Antidumping Duty Order is generated by the cell. interested party submitted ministerial As stated above, on February 5, 2015, Excluded from the scope of these error allegations or replied to Trina in accordance with section 735(d) of the orders are thin film photovoltaic Solar’s or Wuxi Suntech’s submissions. Act, the ITC notified the Department of products produced from amorphous After analyzing comments and its final determination in its silicon (a-Si), cadmium telluride (CdTe), rebuttals from all interested parties, we investigation, in which it found that an or copper indium gallium selenide determined, in accordance with section industry in the United States is (CIGS). Also excluded from the scope of 705(e) of the Act and 19 CFR 351.224(e), materially injured within the meaning these orders are modules, laminates that we made a ministerial error in our of section 735(b)(1)(A)(i) of the Act by and/or panels assembled in the PRC, calculations for the CVD Final reason of imports of certain solar consisting of crystalline silicon Determination with respect to Trina products from the PRC.11 Because the photovoltaic cells, not exceeding ITC determined that imports of certain 10,000 mm2 in surface area, that are 4 See Crystalline Silicon Photovoltaic Cells, solar products from the PRC are permanently integrated into a consumer Whether or Not Assembled Into Modules, From the materially injuring a U.S. industry, good whose function is other than People’s Republic of China: Amended Final unliquidated entries of such Determination of Sales at Less Than Fair Value, power generation and that consumes the and Antidumping Duty Order, 77 FR 73018 merchandise from the PRC, entered or electricity generated by the integrated (December 7, 2012); Crystalline Silicon Photovoltaic withdrawn from warehouse, for crystalline silicon photovoltaic cells. Cells, Whether or Not Assembled Into Modules, consumption are subject to the Where more than one module, laminate From the People’s Republic of China: assessment of antidumping duties. Countervailing Duty Order, 77 FR 73017 (December and/or panel is permanently integrated 7, 2012). Therefore, in accordance with section into a consumer good, the surface area 5 See CVD Final Determination. 736(a)(1) of the Act, the Department will for purposes of this exclusion shall be 6 See the Letter to the Secretary from Trina Solar, direct U.S. Customs and Border the total combined surface area of all ‘‘Certain Crystalline Silicon Photovoltaic Products Protection (CBP) to assess, upon further modules, laminates and/or panels that from the People’s Republic of China: Ministerial instruction by the Department, Errors Allegation,’’ (December 24, 2014); see also are integrated into the consumer good. the Letter to the Secretary from Wuxi Suntech, antidumping duties equal to the amount Further, also excluded from the scope of ‘‘Certain Crystalline Silicon Photovoltaic Products these orders are any products covered from the People’s Republic of China: Ministerial 8 For a detailed discussion of all alleged by the existing antidumping and Error Comments of Wuxi Suntech Power Co., Ltd.,’’ ministerial errors, as well as the Department’s countervailing duty orders on (December 24, 2014). analysis, see the memorandum, ‘‘Amended Final 7 See the Letter to the Secretary, ‘‘Crystalline Determination in the Countervailing Duty crystalline silicon photovoltaic cells, Silicon Photovoltaic Products from the People’s Investigation of Certain Crystalline Silicon Republic of China: Response to Trina’s Ministerial Photovoltaic Products from the People’s Republic of 3 See the ITC Notification Letter to the Deputy Error Allegation,’’ (December 29, 2014); see also the China: Ministerial Error Allegations,’’ (February 6, Assistant Secretary for Enforcement and Letter to the Secretary, ‘‘Crystalline Silicon 2015) (Ministerial Error Memorandum). Compliance referencing ITC Investigation Nos. 701– Photovoltaic Products from the People’s Republic of 9 See CVD Final Determination, 79 FR at 76964. TA–511 and 731–TA–1246–1247 (February 5, China: Response to Suntech’s Ministerial Error 10 See Ministerial Error Memorandum at 10. 2015). Comments,’’ (December 29, 2014). 11 See ITC Determination.
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by which the normal value of the and estimated domestic subsidy pass- in effect for more than four months merchandise exceeds the export price through.14 The cash deposit rates, before except where exporters representing a (or constructed export price) of the any adjustments for export subsidies significant proportion of exports of the merchandise, for all relevant entries of and estimated domestic subsidy pass- subject merchandise request the certain solar products from the PRC. through, are as follows: (1) For each Department to extend that four-month These antidumping duties will be exporter/producer combination listed in period to no more than six months. At assessed on unliquidated entries of the table below, the cash deposit rate the request of exporters that account for certain solar products from the PRC will be equal to the dumping margin a significant proportion of certain solar entered, or withdrawn from warehouse, listed for that exporter/producer products from the PRC, we extended the for consumption on or after July 31, combination in the table; (2) for all other four-month period to no more than six 2014, the date of publication of the AD combinations of PRC exporters/ months in this case.16 As stated above, Preliminary Determination,12 but will producers of the merchandise under in the investigation covering certain not include entries occurring after the consideration, the cash deposit rate will solar products from the PRC, the expiration of the provisional measures be equal to the dumping margin Department published the preliminary period and before publication of the established for the PRC-wide entity; and determination in the AD investigation ITC’s final injury determination as (3) for all non-PRC exporters of the on July 31, 2014. Therefore, the six- further described below. merchandise under consideration which month period beginning on the date of have not received their own separate publication of the preliminary Continuation of Suspension of rate above, the cash deposit rate will be determination in the AD investigation Liquidation (AD) equal to the cash deposit rate applicable ended on January 27, 2015. In accordance with section to the PRC exporter/producer Furthermore, section 737(b) of the Act 735(c)(1)(B) of the Act, the Department combination that supplied that non-PRC states that definitive duties are to begin will instruct CBP to continue to suspend exporter. These suspension-of- on the date of publication of the ITC’s liquidation of all appropriate entries of liquidation instructions will remain in final injury determination. certain solar products from the PRC as effect until further notice. Therefore, in accordance with section described in the ‘‘Scope of the Orders’’ Accordingly, effective on the date of 733(d) of the Act and our practice, we section, which were entered, or publication of the ITC’s final affirmative will instruct CBP to terminate the withdrawn from warehouse, for injury determination, CBP will require, suspension of liquidation and to consumption on or after July 31, 2014, at the same time as importers would liquidate, without regard to the date of publication in the Federal normally deposit estimated duties on antidumping duties, unliquidated Register of the notice of an affirmative this subject merchandise, a cash deposit entries of certain solar products from preliminary determination that certain equal to the estimated weighted-average the PRC, entered, or withdrawn from solar products are being, or are likely to dumping margins indicated below, warehouse, for consumption on or after be, sold in the United States at LTFV. adjusted, where appropriate, for export January 27, 2015, the date the Further, consistent with our practice, subsidies and estimated domestic provisional measures expired, until and where the product from the PRC under subsidy pass-through, as discussed through the day preceding the date of investigation is also subject to a above.15 publication of the ITC’s final injury concurrent CVD investigation, the determination in the Federal Register. Department will instruct CBP to require Provisional Measures (AD) a cash deposit 13 equal to the weighted- Section 733(d) of the Act states that Estimated Weighted-Average Dumping average amount by which the normal instructions issued pursuant to an Margins value exceeds U.S. price, adjusted affirmative preliminary determination The estimated weighted-average where appropriate for export subsidies in an AD investigation may not remain dumping margins are as follows:
Weighted-average Exporter Producer dumping margin (percent)
Changzhou Trina Solar Energy Co., Ltd./Trina Solar Changzhou Trina Solar Energy Co., Ltd./Trina Solar 26.71 (Changzhou) Science & Technology Co., Ltd. (Changzhou) Science & Technology Co., Ltd. Renesola Jiangsu Ltd./Renesola Zhejiang Ltd./Jinko Solar Renesola Jiangsu Ltd./Jinko Solar Co. Ltd ...... 78.42 Co. Ltd./Jinko Solar Import and Export Co., Ltd. Anji DaSol Solar Energy Science & Technology Co., Ltd ..... Anji DaSol Solar Energy Science & Technology Co., Ltd ..... 52.13 Asun Energy Co., Ltd. (a/k/a Suzhou Asun Energy Co., Ltd.) Asun Energy Co., Ltd. (a/k/a Suzhou Asun Energy Co., 52.13 Ltd.). Baoding Tianwei Yingli New Energy Resources Co. , Ltd .... Baoding Tianwei Yingli New Energy Resources Co., Ltd., 52.13 Yingli Energy (China) Co., Ltd., and Lixian Yingli New En- ergy Co., Ltd. BYD (Shangluo) Industrial Co., Ltd ...... BYD (Shangluo) Industrial Co., Ltd ...... 52.13 Canadian Solar International Limited ...... Canadian Solar Manufacturing (Luoyang) Inc., Canadian 52.13 Solar Manufacturing (Changshu), Inc.
12 See Certain Crystalline Silicon Photovoltaic Countervailing Duty Investigations, 76 FR 61042 countervailing duties equal to the final subsidy Products From the People’s Republic of China: (October 3, 2011). rates, upon issuance of a final affirmative injury Affirmative Preliminary Determination of Sales at 14 See sections 772(c)(1)(C) and 777A(f) of the determination by the ITC. As a result, the Less Than Fair Value and Postponement of Final Act. Department will make an adjustment to AD cash Determination, 79 FR 44399 (July 31, 2014) (AD 15 With respect to the final affirmative deposits, where appropriate, for export subsidies and estimated domestic subsidy pass-through as of Preliminary Determination). countervailing duty determination in the the date of publication of the ITC’s final affirmative 13 companion investigation, because the provisional See Modification of Regulations Regarding the measures period has expired, the Department will injury determination. Practice of Accepting Bonds During the Provisional only order the resumption of the suspension of 16 See AD Preliminary Determination, 79 FR at Measures Period in Antidumping and liquidation, and require cash deposits for 44396.
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Weighted-average Exporter Producer dumping margin (percent)
Canadian Solar Manufacturing (Changshu), Inc ...... Canadian Solar Manufacturing (Changshu), Inc ...... 52.13 Canadian Solar Manufacturing (Luoyang) Inc ...... Canadian Solar Manufacturing (Luoyang) Inc ...... 52.13 CEEG Nanjing Renewable Energy Co., Ltd ...... CEEG Nanjing Renewable Energy Co., Ltd ...... 52.13 Changzhou Almaden Co., Ltd ...... Changzhou Almaden Co., Ltd ...... 52.13 Chint Solar (Zhejiang) Co., Ltd ...... Chint Solar (Zhejiang) Co., Ltd ...... 52.13 ET Solar Industry Limited ...... ET Solar Industry Limited ...... 52.13 Hainan Yingli New Energy Resources Co. Ltd ...... Hainan Yingli New Energy Resources Co. Ltd ...... 52.13 Hangzhou Zhejiang University Sunny Energy Science and Hangzhou Zhejiang University Sunny Energy Science and 52.13 Technology Co., Ltd. Technology Co., Ltd. Hanwha SolarOne (Qidong) Co., Ltd ...... Hanwha SolarOne (Qidong) Co., Ltd ...... 52.13 Hanwha SolarOne Hong Kong Limited ...... Hanwha SolarOne (Qidong) Co., Ltd ...... 52.13 Hefei JA Solar Technology Co., Ltd ...... Hefei JA Solar Technology Co., Ltd ...... 52.13 Hengdian Group DMEGC Magnetics Co., Ltd ...... Hengdian Group DMEGC Magnetics Co., Ltd ...... 52.13 Hengshui Yingli New Energy Resources Company Limited .. Hengshui Yingli New Energy Resources Company Limited .. 52.13 Jiangyin Hareon Power Co., Ltd ...... Jiangyin Xinhui Solar Co., Ltd.; Altusvia Energy Taicang 52.13 Co., Ltd.; Hareon Solar Technology Co., Ltd. Jiawei Solarchina Co., Ltd ...... Jiawei Solarchina (Shenzhen) Co., Ltd ...... 52.13 Jiawei Technology (HK) Ltd ...... Shenzhen Jiawei Photovoltaic Lighting Co. Ltd ...... 52.13 LDK Solar Hi-Tech (Nanchang) Co., Ltd ...... LDK Solar Hi-Tech (Nanchang) Co., Ltd ...... 52.13 Lixian Yingli New Energy Company Ltd ...... Lixian Yingli New Energy Company Ltd ...... 52.13 MOTECH (Suzhou) Renewable Energy Co., Ltd ...... MOTECH (Suzhou) Renewable Energy Co., Ltd ...... 52.13 Ningbo Qixin Solar Electrical Appliance Co., Ltd ...... Ningbo Qixin Solar Electrical Appliance Co., Ltd ...... 52.13 Perlight Solar Co., Ltd ...... Perlight Solar Co., Ltd ...... 52.13 Risen Energy Co., Ltd ...... Risen Energy Co., Ltd ...... 52.13 Shanghai JA Solar Technology Co., Ltd ...... Shanghai JA Solar Technology Co., Ltd ...... 52.13 Shanghai Solar Energy Science & Technology Co., Ltd ...... Lianyungang Shenzhou New Energy Co., Ltd ...... 52.13 Shenzhen Jiawei Photovoltaic Lighting Co. Ltd ...... Shenzhen Jiawei Photovoltaic Lighting Co. Ltd ...... 52.13 Shenzhen Sungold Solar Co., Ltd ...... Shenzhen Sungold Solar Co., Ltd ...... 52.13 Shenzhen Topray Solar Co., Ltd ...... Shenzhen Topray Solar Co., Ltd ...... 52.13 Sun Earth Solar Power Co., Ltd ...... Sun Earth Solar Power Co., Ltd ...... 52.13 Sunny Apex Development Ltd ...... Shenzhen Jiawei Photovoltaic Lighting Co. Ltd., ...... 52.13 Wuhan FYY Technology Co., Ltd ...... SunPower Systems SARL ...... SunEnergy (S.Z.) Co., Ltd ...... 52.13 tenKsolar (Shanghai) Co., Ltd ...... tenKsolar (Shanghai) Co., Ltd ...... 52.13 Upsolar Global Co., Ltd. and including Upsolar Group, Co., Shandong Dahai Group Co. Ltd ...... 52.13 Ltd. Wanxiang Import & Export Co., Ltd ...... Zhejiang Wanxiang Solar Co., Ltd ...... 52.13 Wuhan FYY Technology Co., Ltd ...... Wuhan FYY Technology Co., Ltd ...... 52.13 Wuxi Suntech Power Co., Ltd ...... Wuxi Suntech Power Co., Ltd ...... 52.13 Yingli Energy (China) Company Limited ...... Yingli Energy (China) Company Limited, Baoding Tianwei 52.13 Yingli New Energy Resources Co. , Ltd. and Lixian Yingli New Energy Co. , Ltd. Yingli Green Energy International Trading Limited ...... Yingli Energy (China) Company Limited, Baoding Tianwei 52.13 Yingli New Energy Resources Co., Ltd.,. and Hainan Yingli New Energy Resources Co., Ltd ...... Zhongli Talesun Solar Co., Ltd ...... Zhongli Talesun Solar Co., Ltd ...... 52.13
PRC-Wide Rate 165.04
Countervailing Duty Order entries of certain solar products from liquidation pursuant to a preliminary As stated above, on February 5, 2015, the PRC. These countervailing duties determination may not remain in effect in accordance with section 705(d) of the will be assessed on unliquidated entries for more than four months. Entries of Act, the ITC notified the Department of of certain solar products from the PRC certain solar products from the PRC its final determination in this entered, or withdrawn from warehouse, made on or after October 8, 2014, and investigation, in which it found that an for consumption on or after June 10, prior to the date of publication of the industry in the United States is 2014, the date of publication of the CVD ITC’s final determination in the Federal materially injured within the meaning Preliminary Determination,18 and before Register are not liable for the of section 705(b)(1)(A)(i) of the Act by October 8, 2014, the date on which the assessment of countervailing duties, due reason of imports of certain solar Department instructed CBP to to the Department’s discontinuation, products from the PRC.17 discontinue the suspension of effective October 8, 2014, of the Therefore, in accordance with section liquidation in accordance with section suspension of liquidation. 703(d) of the Act. Section 703(d) of the 706(a) of the Act, the Department will Suspension of Liquidation (CVD) direct CBP to assess, upon further Act states that the suspension of instruction by the Department, In accordance with section 706 of the countervailing duties equal to the 18 See Certain Crystalline Silicon Photovoltaic Act, we will instruct CBP to reinstitute Products From the People’s Republic of China: amounts listed below for all relevant Preliminary Affirmative Countervailing Duty the suspension of liquidation on all Determination, 79 FR 33174 (June 10, 2014) (CVD relevant entries of certain solar products 17 See ITC Determination. Preliminary Determination). from the PRC. We will also instruct CBP
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to require cash deposits equal to the products (‘‘certain solar products’’) from Excluded from the scope of this amounts indicated below. These Taiwan. investigation are thin film photovoltaic instructions suspending liquidation will DATES: Effective Date: February 18, products produced from amorphous remain in effect until further notice. 2015. silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide Accordingly, effective on the date of FOR FURTHER INFORMATION CONTACT: (CIGS). Also excluded from the scope of publication of the ITC’s final affirmative Charles Riggle or Magd Zalok AD/CVD this investigation are crystalline silicon injury determination, CBP will require, Operations, Enforcement and photovoltaic cells, not exceeding 10,000 at the same time as importers would Compliance, U.S. Department of mm2 in surface area, that are normally deposit estimated duties on Commerce, 14th Street and Constitution permanently integrated into a consumer this subject merchandise, cash deposits Avenue NW., Washington, DC 20230; 19 good whose function is other than equal to the amounts indicated below: telephone: (202) 482–0650 or (202) 482– power generation and that consumes the 4162. Subsidy rate electricity generated by the integrated Company (percent) (ad SUPPLEMENTARY INFORMATION: crystalline silicon photovoltaic cells. valorem) Background Where more than one cell is Wuxi Suntech Power Co., In accordance with sections 735(d) permanently integrated into a consumer Ltd ...... 27.64 and 777(i)(1) of the Tariff Act of 1930, good, the surface area for purposes of Changzhou Trina Solar En- as amended (the ‘‘Act’’) and 19 CFR this exclusion shall be the total ergy Co., Ltd ...... 49.21 351.210(c), on December 23, 2014, the combined surface area of all cells that All Others ...... 38.43 Department published an affirmative are integrated into the consumer good. Further, also excluded from the scope final determination of sales at less than of this investigation are any products Notifications to Interested Parties fair value (‘‘LTFV’’) in the investigation covered by the existing antidumping This notice constitutes the of certain solar products from Taiwan.1 and countervailing duty orders on antidumping duty and countervailing On February 5, 2015, the ITC notified crystalline silicon photovoltaic cells, the Department of its affirmative duty orders with respect to certain solar whether or not assembled into modules, determinations that an industry in the products from the PRC pursuant to from the People’s Republic of China United States is materially injured sections 736(a) and 706(a) of the Act. (‘‘PRC’’).3 Also excluded from the scope within the meaning of section Interested parties can find an updated of this investigation are modules, 735(b)(1)(A)(i) of the Act by reason of list of orders currently in effect by either laminates, and panels produced in the LTFV imports of certain solar products visiting http://enforcement.trade.gov/ PRC from crystalline silicon from the People’s Republic of China and stats/iastats1.html or by contacting the photovoltaic cells produced in Taiwan Taiwan.2 Department’s Central Records Unit, that are covered by an existing Room 7046 of the main Commerce Scope of the Order proceeding on such modules, laminates, Building. and panels from the PRC. These orders and the amended CVD The merchandise covered by this order is crystalline silicon photovoltaic Merchandise covered by this Final Determination are published in investigation is currently classified in accordance with sections 705(e), 706(a), cells, and modules, laminates and/or panels consisting of crystalline silicon the Harmonized Tariff Schedule of the 736(a), and 777(i) of the Act, and 19 United States (‘‘HTSUS’’) under CFR 351.211(b) and 351.224(e). photovoltaic cells, whether or not partially or fully assembled into other subheadings 8501.61.0000, Dated: February 10, 2015. products, including building integrated 8507.20.8030, 8507.20.8040, Paul Piquado, materials. 8507.20.8060, 8507.20.8090, Assistant Secretary for Enforcement and Subject merchandise includes 8541.40.6020, 8541.40.6030 and Compliance. crystalline silicon photovoltaic cells of 8501.31.8000. These HTSUS [FR Doc. 2015–03183 Filed 2–17–15; 8:45 am] thickness equal to or greater than 20 subheadings are provided for convenience and customs purposes; the BILLING CODE 3510–DS–P micrometers, having a p/n junction formed by any means, whether or not written description of the scope of this the cell has undergone other processing, investigation is dispositive. DEPARTMENT OF COMMERCE including, but not limited to, cleaning, Antidumping Duty Order etching, coating, and/or addition of As stated above, on February 5, 2015, International Trade Administration materials (including, but not limited to, in accordance with section 735(d) of the metallization and conductor patterns) to [A–583–853] Act, the ITC notified the Department of collect and forward the electricity that its final determination in its Certain Crystalline Silicon Photovoltaic is generated by the cell. investigation, in which it found that an Products From Taiwan: Antidumping Modules, laminates, and panels industry in the United States is Duty Order produced in a third-country from cells produced in Taiwan are covered by this materially injured by reason of imports AGENCY: Enforcement and Compliance, investigation. However, modules, of certain solar products from Taiwan. International Trade Administration, laminates, and panels produced in Because the ITC determined that Department of Commerce. Taiwan from cells produced in a third- imports of certain solar products from SUMMARY: Based on affirmative final country are not covered by this 3 determinations by the Department of investigation. See Crystalline Silicon Photovoltaic Cells, Commerce (the ‘‘Department’’) and the Whether or Not Assembled Into Modules, From the People’s Republic of China: Amended Final International Trade Commission (the 1 See Certain Crystalline Silicon Photovoltaic Determination of Sales at Less Than Fair Value, ‘‘ITC’’), the Department is issuing an Products: Final Determination of Sales at Less Than and Antidumping Duty Order, 77 FR 73018 antidumping duty (‘‘AD’’) order on Fair Value, 79 FR 76966 (December 23, 2014). (December 7, 2012); Crystalline Silicon Photovoltaic certain crystalline silicon photovoltaic 2 See ITC Notification letter to the Deputy Cells, Whether or Not Assembled Into Modules, Assistant Secretary for Enforcement and From the People’s Republic of China: Compliance referencing ITC Investigation Nos. 701– Countervailing Duty Order, 77 FR 73017 (December 19 See section 706(a)(3) of the Act. TA–511 and 731–TA–1246–1247 (Final). 7, 2012).
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Taiwan are materially injuring a U.S. request the Department to extend that Dated: February 10, 2015. industry, unliquidated entries of such four-month period to no more than six Paul Piquado, merchandise from Taiwan, entered or months. At the request of exporters that Assistant Secretary for Enforcement and withdrawn from warehouse, for account for a significant proportion of Compliance. consumption are subject to the certain solar products from Taiwan, we [FR Doc. 2015–03179 Filed 2–17–15; 8:45 am] assessment of antidumping duties. extended the four-month period to no BILLING CODE 3510–DS–P Therefore, in accordance with section more than six months in this case.6 As 736(a)(1) of the Act, the Department will stated above, in the investigation direct U.S. Customs and Border covering certain solar products from DEPARTMENT OF COMMERCE Protection (‘‘CBP’’) to assess, upon Taiwan, the Department published the further instruction by the Department, preliminary determination on July 31, International Trade Administration antidumping duties equal to the amount 2014. Therefore, the six-month period by which the normal value of the beginning on the date of publication of [C–570–980] merchandise exceeds the export price the preliminary determination ended on (or constructed export price) of the January 27, 2015. Furthermore, section Crystalline Silicon Photovoltaic Cells, merchandise, for all relevant entries of 737(b) of the Act states that definitive Whether or Not Assembled Into certain solar products from Taiwan. duties are to begin on the date of Modules, from the People’s Republic These antidumping duties will be publication of the ITC’s final injury of China: Notice of Correction to assessed on unliquidated entries of determination. Preliminary Results of Countervailing certain solar products from Taiwan Therefore, in accordance with section Duty Administrative Review; 2012 and entered, or withdrawn from warehouse, 733(d) of the Act and our practice, we Partial Rescission of Countervailing for consumption on or after July 31, will instruct CBP to terminate the Duty Administrative Review 2014, the date of publication of the suspension of liquidation and to 4 AGENCY: preliminary determination, and which liquidate, without regard to Enforcement and Compliance, are subject to the scope of this Order, as antidumping duties, unliquidated International Trade Administration, described above. However, antidumping entries of certain solar products from Department of Commerce. duties will not be assessed on entries Taiwan, entered, or withdrawn from DATES: Effective Date: February 18, occurring after the expiration of the warehouse, for consumption on or after 2015. provisional measures period and before January 27, 2015, the date the publication of the ITC’s final injury FOR FURTHER INFORMATION CONTACT: provisional measures expired, until and determination as further described through the day preceding the date of Andrew Huston, Office VII, AD/CVD below. publication of the ITC’s final injury Operations, Enforcement and Continuation of Suspension of determination in the Federal Register. Compliance, International Trade Liquidation Suspension of liquidation resumes on Administration, U.S. Department of Commerce, 14th Street and Constitution In accordance with section the date of publication of the ITC’s final determination in the Federal Register. Avenue NW., Washington, DC 20230; 735(c)(1)(B) of the Act, we will instruct telephone: (202) 482–4261. CBP to continue to suspend liquidation Estimated Weighted-Average Dumping SUPPLEMENTARY INFORMATION: on all entries of certain solar products Margins from Taiwan. These instructions On January 8, 2015, the Department of suspending liquidation will remain in The estimated weighted-average Commerce published in the Federal effect until further notice. dumping margins are as follows: Register its notice of preliminary results We will also instruct CBP to require and partial rescission for the cash deposits at rates equal to the TAIWAN countervailing duty administrative estimated weighted-average dumping review of crystalline silicon margins indicated below. Accordingly, Estimated photovoltaic cells, whether or not weighted- effective on the date of publication of average assembled into modules, from the the ITC’s final affirmative injury Exporter or producer dumping People’s Republic of China for the determinations, CBP will require a cash margin period of review March 26, 2012, deposit at rates equal to the estimated (percent) through December 31, 2012.1 weighted-average dumping margins Gintech Energy Corporation 27.55 Appendices to this notice, which listed 5 listed below. The relevant all-others Motech Industries, Inc...... 11.45 companies for which the administrative rate for Taiwan, applies to all producers All Others ...... 19.50 review was rescinded and companies or exporters not specifically listed. for which the administrative review would continue, inadvertently Provisional Measures Notifications to Interested Parties contained certain errors and omissions. Section 733(d) of the Act states that This notice constitutes the AD order Corrected versions of Appendix II, instructions issued pursuant to an with respect to certain solar products listing companies for which the review affirmative preliminary determination from Taiwan pursuant to section 736(a) has been rescinded, and Appendix III, may not remain in effect for more than of the Act. Interested parties can find a listing companies for which the review four months except where exporters list of AD orders currently in effect at will continue, not selected for representing a significant proportion of http://enforcement.trade.gov/stats/ individual review, are attached to this exports of the subject merchandise iastats1.html. This order is published in accordance 1 See Crystalline Silicon Photovoltaic Cells, 4 See Certain Crystalline Silicon Photovoltaic with sections 736(a) of the Act and 19 Whether or Not Assembled Into Modules, from the Products From Taiwan: Affirmative Preliminary CFR 351.211(b). People’s Republic of China: Preliminary Results of Determination of Sales at Less Than Fair Value and Countervailing Duty Administrative Review; 2012; Postponement of Final Determination, 79 FR 44395 and Partial Rescission of Countervailing Duty (July 31, 2014) (‘‘Taiwan Prelim Determination’’). 6 See Taiwan Prelim Determination, 79 FR at Administrative Review, 80 FR 1019 (January 8, 5 See section 736(a)(3) of the Act. 44396. 2015) (Preliminary Results).
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notice. No other changes have been 55. Topsolar Co., Ltd. made to the Preliminary Results. 56. Trony 42. Ningbo Qixin Solar Electrical Appliance This corrected preliminary results and 57. Weihai China Glass Solar Co. Ltd. partial rescission is issued and 58. Wuxi Sun-shine Power Co., Ltd. 43. Ningbo ETDZ Holdings Ltd. published in accordance with section 59. Wuxi University Science Park 44. Perlight Solar Co., Ltd. International Incubator Co., Ltd. 45. ReneSola 751 of the Tariff Act of 1930, as 60. Yuhan Sinosola Science & Technology 46. Renesola Jiangsu Ltd. amended, and 19 CFR 351.213(d)(4). Co., Ltd. 47. Shenzen Topray Solar Co., Ltd. Dated: February 6, 2015. 61. Yuhuan Solar Energy Source Co., Ltd. 48. Shanghai Machinery Complete Paul Piquado, 62. Yunnan Tianda Equipment (Group) Corp., Ltd. 63. Yunnan Zhuoye Energy 49. Shenglong PV Tech. Assistant Secretary for Enforcement and 64. Zhejinag Leye Photovoltaic Science and 50. Shenzhen Suntech Power Co., Ltd. Compliance. Technology Co., Ltd. 51. ShunFeng PV Appendix II 65. Zhejiang Top Point Photovoltaic Co., Ltd. 52. Solarbest Energy—Tech (Zhejiang) Co., 66. Zhejiang Wanxiang Solar Co, Ltd. Ltd. Companies for which review was 67. Zhenjiang Huantai Silicon Science and 53. Sopray Energy rescinded Technology Co., Ltd. 54. Sumec Hardware & Tools Co., Ltd. 1. Aiko Solar Appendix III 55. Sun Earth Solar Power Co., Ltd. 2. Amplesun Solar 56. Suntech Power Co., Ltd. 3. Beijing Hope Industry Companies for which review will continue, 57. Suzhou Shenglong PV-Tech Co., Ltd. 4. Best Solar Hi-tech but not selected for individual review 58. Tianwei New Energy (Chengdu) PV 5. CEEG (Shanghai) Solar Science 1. Baoding Jiansheng Photovoltaic Module Co., Ltd. Technology Co., Ltd. Technology Co., Ltd. 59. Tianjin Yingli New Energy Resources Co, 6. CEEG Nanjing Renewable Energy Co., Ltd. 2. Boading Tianwei Yingli New Energy Ltd. 7. China Sunergy (Nanjing) Co., Ltd. Resources Co., Ltd. 60. Trina Solar (Changzhou) Science & 8. China Sunergy 3. Beijing Tianneng Yingli New Energy Technology Co, Ltd. 9. Chinalight Solar Resources Co. Ltd. 61. Topray 10. CNPV Dongying Solar Power Co., Ltd. 4. Canadian Solar International Limited 62. Upsolar Group, Co. Ltd. 11. Dai Hwa Industrial 5. Canadian Solar Manufacturing (Changshu) 63. Wanxiang Import & Export Co., Ltd. 12. EGing Inc. 64. Wuxi Sunshine Power 13. ENN Solar Energy 6. Canadian Solar Manufacturing (Luoyang) 65. Wuxi Suntech Power Co., Ltd. 14. General Solar Power Inc. 66. Yangzhou Rietech Renewal Energy Co., 15. Golden Partner Development 7. Changzhou NESL Solartech Co., Ltd. Ltd. 16. Goldpoly (Quanzhou) 8. Changzhou Trina Solar Energy Co., Ltd. 67. Yangzhou Suntech Power Co., Ltd. 17. Hairun Photovoltaics Technology Co., Ltd 9. Chint Solar (Zhejiang) Co., Ltd. 68. Yingli Energy (China) Company Limited. 18. Hanwha Solar One (Qidong) Co., Ltd. 10. CSG PVTech Co., Ltd. 69. Yingli Green Energy International 19. Hareon Solar Technology 11. DelSolar Co., Ltd. Trading Company Limited. 20. HC Solar Power Co., Ltd. 12. De-Tech Trading Limited HK 70. Zhejiang Jiutai New Energy Co. Ltd. 21. JA Solar Technology Yangzhou Co., Ltd. 13. Dongfang Electric (Yixing) MAGI Solar 71. Zhejiang Shuqimeng Photovoltaic 22. Jetion Solar (China) Co., Ltd. Power Technology Co., Ltd. Technology Co., Ltd. 23. Jia Yi Energy Technology 14. Eoplly New Energy Technology Co., Ltd. 72. Zhejiang Xinshun Guangfu Science and 24. Jiasheng Photovoltaic Tech. 15. Era Solar Co., Ltd. Technology Co., Ltd. 25. Jiangxi Green Power Co. Ltd. 16. ET Solar Energy Limited. 73. Zhejiang ZG-Cells Co, Ltd. 26. Jiawei Solar Holding 17. Hainan Yingli New Energy Resources Co., 74. Zhenjiang Rietech New Energy Science & 27. Jiawei Solarchina Co. (Shenzhen), Ltd Ltd. Technology Co., Ltd. 28. JingAo Solar Co., Ltd. 18. Hangzhou Zhejiang University Sunny 75. Zhiheng Solar Inc. 29. Jiutai Energy Energy Science and Technology Co. Ltd. 76. Zhejiang Sunflower Light Energy 30. Linuo Photovoltaic 19. Hendigan Group Dmegc Magnetics Sciences & Technology Limited Liability 31. Ningbo Komaes Solar Technology Co., 20. Hengshui Yingli New Energy Resources Company Ltd. Co., Ltd. [FR Doc. 2015–03340 Filed 2–17–15; 8:45 am] 32. Perfectenergy 21. Himin Clean Energy Holdings Co., Ltd. 33. Polar Photovoltaics 22. Innovosolar BILLING CODE 3510–DS–P 34. Qiangsheng (QS Solar) 23. Jiangsu Green Power PV Co., Ltd. 35. QXPV (Ningbo Qixin Solar Electrical 24. Jiangxi Sunlink PV Technology Ltd. Appliance Co., Ltd) 25. Jiangsu Jiasheng Photovoltaic Technology DEPARTMENT OF COMMERCE 36. Refine Solar Co., Ltd. 37. Risen Energy Co, Ltd. 26. Jiangsu Sunlink PV Technology Co., Ltd. International Trade Administration 38. Risun Solar (JiangXi Ruijing Solar Power 27. Jiawei Solarchina Co. Ltd. [C–570–023, C–560–829] Co., Ltd.) 28. Jinko Solar Co., Ltd. 39. Sanjing Silicon 29. Jinko Solar Import and Export Co., Ltd. Certain Uncoated Paper From the 40. Shanghai Chaori Solar Energy 30. Jinko Solar International Limited 41. Shanghai JA Solar Technology Co., Ltd. 31. Konca Solar Cell Co., Ltd. People’s Republic of China and 42. Shanghai Solar Energy Science & 32. Kuttler Automation Systems (Suzhou) Co. Indonesia: Initiation of Countervailing Technology Co., Ltd. Ltd. Duty Investigations 43. Shangpin Solar 33. LDK Solar Hi-tech (Suzhou) Co., Ltd. AGENCY: Enforcement and Compliance, 44. Shanshan Ulica 34. LDK Solar Hi-tech (Nanchang) 45. Shenzhen Global Solar Energy Tech. 35. Leye Photovoltaic Science & Technology International Trade Administration, 46. Shuqimeng Energy Tech Co., Ltd. Department of Commerce. 47. Skybasesolar 36. Lixian Yingli New Energy Resources Co., DATES: Effective Date: February 18, 48. Solargiga Energy Holdings Ltd. Ltd. 2015. 49. Sunflower 37. Luoyang Suntech Power Co., Ltd. FOR FURTHER INFORMATION CONTACT: 50. Sunlink PV 38. Magi Solar Technology 51. Sunvim Solar Technology 39. Motech (Suzhou) Renewable Energy Co., Patricia Tran at (202) 482–1503 or Joy 52. Tainergy Tech Ltd. Zhang at (202) 482–1168 (People’s 53. tenKsolar (Shanghai) Co., Ltd. 40. MS Solar Investments LLC Republic of China (PRC)); David 54. Tianjin Jinneng Solar Cell 41. Ningbo Ulica Solar Science & Technology Goldberger at (202) 482–4136 or
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Katherine Johnson at (202) 482–4929 responses to these requests on January reflection of the products for which the (Indonesia), AD/CVD Operations, 29 and 30, 2015.5 domestic industry is seeking relief.8 Enforcement and Compliance, In accordance with section 702(b)(1) As discussed in the preamble to the International Trade Administration, of the Tariff Act of 1930, as amended Department’s regulations,9 we are U.S. Department of Commerce, 14th (‘‘the Act’’), the petitioners allege that setting aside a period for interested Street and Constitution Avenue NW., the Government of the PRC (GOC) and parties to raise issues regarding product Washington, DC 20230. the Government of Indonesia (GOI) are coverage (scope). The period for scope providing countervailable subsidies comments is intended to provide the SUPPLEMENTARY INFORMATION (within the meaning of sections 701 and Department with ample opportunity to The Petitions 771(5) of the Act) to imports of certain consider all comments and to consult uncoated paper from the PRC and with parties prior to the issuance of the On January 21, 2015, the Department Indonesia, respectively, and that such preliminary determinations. If scope of Commerce (Department) received imports are materially injuring, or comments include factual information countervailing duty (CVD) petitions threatening material injury to, an (see 19 CFR 351.102(b)(21)), all such concerning imports of certain uncoated industry in the United States. Also, factual information should be limited to paper from the PRC and Indonesia filed consistent with section 702(b)(1) of the public information. All such comments in proper form on behalf of United Act, the Petitions are accompanied by must be filed by 5:00 p.m. Eastern Steel, Paper and Forestry, Rubber, information reasonably available to the Standard Time (‘‘EST’’) on March 2, Manufacturing, Energy, Allied petitioners supporting their allegations. 2015, which is 20 calendar days from Industrial and Service Workers The Department finds that the the signature date of this notice. Any International Union; Domtar petitioners filed the Petitions on behalf rebuttal comments, which may include Corporation; Finch Paper LLC; P.H. of the domestic industry because the factual information, must be filed by Glatfelter Company; and Packaging petitioners are interested parties as 5:00 p.m. EST on March 12, 2015, Corporation of America (collectively, defined in sections 771(9)(C) and (D) of which is 10 calendar days after the the petitioners). The CVD petitions were the Act. The Department also finds that initial comments deadline.10 accompanied by antidumping duty (AD) the petitioners demonstrated sufficient The Department requests that any petitions concerning imports of certain industry support with respect to the factual information the parties consider uncoated paper from Australia, Brazil, initiation of the CVD investigations that relevant to the scope of the the PRC, Indonesia, and Portugal.1 The the petitioners are requesting.6 investigations be submitted during this time period. However, if a party petitioners are domestic producers of Period of Investigations uncoated paper,2 and a certified union subsequently finds that additional with workers engaged in the The period of the investigation for factual information pertaining to the manufacture and production of the both the PRC and Indonesia is January scope of the investigations may be domestic like product in the United 1, 2014, through December 31, 2014.7 relevant, the party may contact the 3 Department and request permission to States. Scope of the Investigations submit the additional information. All On January 26 and 27, 2015, the The product covered by these such comments must be filed on the Department requested information and investigations is certain uncoated paper records of the PRC and Indonesia CVD clarification for certain areas of the from the PRC and Indonesia. For a full investigations, as well as the concurrent Petitions.4 The petitioners filed description of the scope of these Australia, Brazil, the PRC, Indonesia, investigations, see the ‘‘Scope of the and Portugal AD investigations. 1 See ‘‘Petitions for the Imposition of Investigations’’ in Appendix I of this Antidumping Duties on Imports of Certain Filing Requirements Uncoated Paper from Australia, Brazil, China, notice. All submissions to the Department Indonesia, and Portugal and Countervailing Duties Comments on Scope of the on Imports from China and Indonesia,’’ dated must be filed electronically using January 21, 2015 (Petitions). Investigations Enforcement and Compliance’s 2 See Volume I of the Petitions, at I–2 and Exhibit During our review of the Petitions, the Antidumping and Countervailing Duty I–2. 3 Id. at, I–1—I–2 and Exhibit I–2. Department issued questions to, and Centralized Electronic Service System 11 4 See Letter from the Department to the received responses from, the petitioners (ACCESS). An electronically-filed petitioners entitled ‘‘Petition for the Imposition of pertaining to the proposed scope to document must be received successfully Countervailing Duties on Imports of Certain ensure that the scope language in the in its entirety by the time and date it is Uncoated Paper from the People’s Republic of Petitions would be an accurate China (PRC): Supplemental Questions,’’ dated 8 January 26, 2015 (PRC Deficiency Questionnaire); See General Issues Questionnaire; see also Letter from the Department to the petitioners, 5 See Letter from the petitioners entitled ‘‘Certain General Issues Supplement. ‘‘Petitions for the Imposition of Antidumping Uncoated Paper From The People’s Republic Of 9 See Antidumping Duties; Countervailing Duties; Duties on Imports of Certain Uncoated Paper from China/Petitioners’ Response To The Department’s Final rule, 62 FR 27296, 27323 (May 19, 1997). Australia, Brazil, Indonesia, the People’s Republic Questions Regarding The Petition,’’ dated January 10 According to the Department practice, when a of China, and Portugal, and Countervailing Duties 29, 2015 (PRC CVD Supplement); Letter from the date falls on a weekend or a federal holiday, on Imports of Certain Uncoated Paper from petitioners entitled ‘‘Certain Uncoated Paper From submissions become due the next business day; see Indonesia and the People’s Republic of China: Indonesia/Petitioners’ Response To The Notice of Clarification: Application of ‘‘Next Supplemental Questions,’’ dated January 26, 2015 Department’s Questions Regarding The Petition,’’ Business Day’’ Rule for Administrative (General Issues Questionnaire); Letter from the dated January 30, 2015 (Indonesia CVD Determination Deadlines Pursuant to the Tariff Act Department to the petitioners entitled ‘‘Petition for Supplement); and Letter from the petitioners of 1930, As Amended, 70 FR 24533 (May 10, 2005). the Imposition of Countervailing Duties on Imports entitled ‘‘Certain Uncoated Paper From Australia, 11 On November 24, 2014, Enforcement and of Certain Uncoated Paper from Indonesia: Brazil, The People’s Republic of China, Indonesia, Compliance changed the name of Enforcement and Supplemental Questions,’’ dated January 27, 2015 And Portugal/Petitioners’ Response To The Compliance’s AD and CVD Centralized Electronic (Indonesia Deficiency Questionnaire); and Department’s General Questions Regarding The Service System (‘‘IA ACCESS’’) to AD and CVD Memorandum to the File entitled ‘‘Petitions for the Petition,’’ dated January 30, 2015 (General Issues Centralized Electronic Service System (ACCESS). Imposition of Countervailing Duties on Imports of Supplement). The Web site location was changed from http:// Certain Uncoated Paper from the People’s Republic 6 See the ‘‘Determination of Industry Support for iaaccess.trade.gov to http://access.trade.gov. The of China: Addendum to Supplemental Questions,’’ the Petitions’’ section below. Final Rule changing the reference to the Regulations dated January 27, 2015 (PRC Addendum). 7 19 CFR 351.204(b)(2). can be found at 79 FR 69046 (November 20, 2014).
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due. Documents excepted from the determine whether a petition has the the Petitions with reference to the electronic submission requirements requisite industry support, the statute domestic like product as defined in the must be filed manually (i.e., in paper directs the Department to look to ‘‘Scope of the Investigations,’’ in form) with Enforcement and producers and workers who produce the Appendix I of this notice. To establish Compliance’s APO/Dockets Unit, Room domestic like product. The International industry support, the petitioners 1870, U.S. Department of Commerce, Trade Commission (ITC), which is provided their shipments of the 14th Street and Constitution Avenue responsible for determining whether domestic like product in 2014, and NW., Washington, DC 20230, and ‘‘the domestic industry’’ has been compared their shipments to the stamped with the date and time of injured, must also determine what estimated total shipments of the receipt by the applicable deadlines. constitutes a domestic like product in domestic like product for the entire order to define the industry. While both domestic industry.17 Because total Consultations the Department and the ITC must apply industry production data for the Pursuant to section 702(b)(4)(A)(i) of the same statutory definition regarding domestic like product for 2014 are not the Act, the Department notified the domestic like product,14 they do so reasonably available and the petitioners representatives of the GOC and the GOI for different purposes and pursuant to a have established that shipments are a of the receipt of the Petitions. Also, in separate and distinct authority. In reasonable proxy for production data,18 accordance with section 702(b)(4)(A)(ii) addition, the Department’s we relied upon the shipment data of the Act, the Department provided determination is subject to limitations of provided by the petitioners for purposes representatives of the GOC and the GOI time and information. Although this of measuring industry support.19 the opportunity for consultations with may result in different definitions of the Based on the data provided in the respect to the Petitions.12 Consultations like product, such differences do not Petitions, supplemental submission, and were held with the GOC on February 5, render the decision of either agency other information readily available to 2015. Consultations were held with the contrary to law.15 the Department, we determine that the GOI on February 9, 2015. All Section 771(10) of the Act defines the petitioners have established industry memoranda are on file electronically via domestic like product as ‘‘a product support.20 First, the Petitions ACCESS.13 which is like, or in the absence of like, established support from domestic Determination of Industry Support for most similar in characteristics and uses producers (or workers) accounting for the Petitions with, the article subject to an more than 50 percent of the total investigation under this title.’’ Thus, the shipments 21 of the domestic like Section 702(b)(1) of the Act requires reference point from which the product and, as such, the Department is that a petition be filed on behalf of the domestic like product analysis begins is not required to take further action in domestic industry. Section 702(c)(4)(A) ‘‘the article subject to an investigation’’ order to evaluate industry support (e.g., of the Act provides that a petition meets (i.e., the class or kind of merchandise to polling).22 Second, the domestic this requirement if the domestic be investigated, which normally will be producers (or workers) met the statutory producers or workers who support the the scope as defined in the Petitions). criteria for industry support under petition account for: (i) At least 25 With regard to the domestic like section 702(c)(4)(A)(i) of the Act percent of the total production of the product, the petitioners do not offer a because the domestic producers (or domestic like product; and (ii) more definition of the domestic like product workers) who support the Petitions than 50 percent of the production of the distinct from the scope of the account for at least 25 percent of the domestic like product produced by that investigations. Based on our analysis of total shipments of the domestic like portion of the industry expressing the information submitted on the product.23 Finally, the domestic support for, or opposition to, the record, we determined that uncoated producers (or workers) met the statutory petition. Moreover, section 702(c)(4)(D) paper constitutes a single domestic like criteria for industry support under of the Act provides that, if the petition product and we analyzed industry section 702(c)(4)(A)(ii) of the Act does not establish support of domestic support in terms of that domestic like because the domestic producers (or producers or workers accounting for product.16 workers) who support the Petitions more than 50 percent of the total In determining whether the account for more than 50 percent of the production of the domestic like product, petitioners have standing under section shipments of the domestic like product the Department shall: (i) poll the 702(c)(4)(A) of the Act, we considered produced by that portion of the industry industry or rely on other information in the industry support data contained in expressing support for, or opposition to, order to determine if there is support for the Petitions.24 Accordingly, the the petition, as required by 14 See section 771(10) of the Act. 15 subparagraph (A); or (ii) determine See USEC, Inc. v. United States, 132 F. Supp. 17 See Volume I of the Petitions, at I–2 through industry support using a statistically 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. I–4 and Exhibit I–3; see also General Issues v. United States, 688 F. Supp. 639, 644 (CIT 1988), valid sampling method to poll the Supplement, at 5–8 and Exhibits I–S4 through I–S7. aff’d 865 F.2d 240 (Fed. Cir. 1989)). 18 See Volume I of the Petitions, at I–3 and ‘‘industry.’’ 16 For a discussion of the domestic like product Exhibit I–4. Section 771(4)(A) of the Act defines analysis in this case, see Countervailing Duty 19 For further discussion, see PRC CVD Checklist the ‘‘industry’’ as the producers as a Investigation Initiation Checklist: Certain Uncoated and Indonesia CVD Checklist, at Attachment II. Paper from the People’s Republic of China (PRC whole of a domestic like product, or 20 Id. CVD Initiation Checklist), at Attachment II, 21 those producers whose collective output Analysis of Industry Support for the Petitions As mentioned above, the petitioners have of a domestic like product constitutes a Covering Uncoated Paper from Australia, Brazil, the established that shipments are a reasonable proxy People’s Republic of China, Indonesia, and Portugal for production data. Section 351.203(e)(1) of the major proportion of the total domestic Department’s regulations states ‘‘production levels production of the product. Thus, to (Attachment II); and Countervailing Duty Investigation Initiation Checklist: Certain Uncoated may be established by reference to alternative data Paper from Indonesia (Indonesia CVD Initiation that the Secretary determines to be indicative of 12 See Letter of Invitation from the Department to Checklist), at Attachment II. These checklists are production levels.’’ the GOI dated January 21, 2015, and Letter of dated concurrently with this notice and on file 22 See section 702(c)(4)(D) of the Act; see also Invitation from the Department to the GOC dated electronically via ACCESS. Access to documents PRC CVD Checklist and Indonesia CVD Checklist, January 26, 2015. filed via ACCESS is also available in the Central at Attachment II. 13 See supra fn.10 for information pertaining to Records Unit, Room 7046 of the main Department 23 Id. ACCESS. of Commerce building. 24 Id.
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Department determines that the the allegations and supporting evidence unless postponed, we will make our Petitions were filed on behalf of the regarding material injury, threat of preliminary determinations no later domestic industry within the meaning material injury, and causation, and we than 65 days after the date of this of section 702(b)(1) of the Act. determined that these allegations are initiation. The Department finds that the properly supported by adequate Respondent Selection petitioners filed the Petitions on behalf evidence and meet the statutory of the domestic industry because they requirements for initiation.29 The petitioners named eight are interested parties as defined in companies as producers/exporters of Initiation of Countervailing Duty sections 771(9)(C) and (D) of the Act and certain uncoated paper from the PRC Investigations they have demonstrated sufficient and six companies as producers/ industry support with respect to the Section 702(b)(1) of the Act requires exporters of certain uncoated paper CVD investigations that they are the Department to initiate a CVD from Indonesia.30 Following standard requesting the Department initiate.25 investigation whenever an interested practice in CVD investigations, the party files a CVD petition on behalf of Department will, where appropriate, Injury Test an industry that: (1) Alleges the select respondents based on U.S. Because Indonesia and the PRC are elements necessary for an imposition of Customs and Border Protection (CBP) ‘‘Subsidies Agreement Countries’’ a duty under section 701(a) of the Act; data for U.S. imports of uncoated paper within the meaning of section 701(b) of and (2) is accompanied by information during the period of investigation under the Act, section 701(a)(2) of the Act reasonably available to the petitioners the following Harmonized Tariff applies to these investigations. supporting the allegations. Schedule of the United States Accordingly, the ITC must determine The petitioners allege that producers/ (‘‘HTSUS’’) numbers: 4802.56.1000, whether imports of the subject exporters of certain uncoated paper in 4802.56.2000, 4802.56.3000, merchandise from Indonesia and the the PRC and Indonesia benefited from 4802.56.4000, 4802.56.6000, PRC materially injure, or threaten countervailable subsidies bestowed by 4802.56.7020, 4802.56.7040, material injury to, a U.S. industry. the governments of these countries, 4802.57.1000, 4802.57.2000, respectively. The Department examined 4802.57.3000, and 4802.57.4000. We Allegations and Evidence of Material the Petitions and finds that they comply intend to release CBP data under Injury and Causation with the requirements of section Administrative Protective Order (APO) The petitioners allege that imports of 702(b)(1) of the Act. Therefore, in to all parties with access to information the subject merchandise are benefitting accordance with section 702(b)(1) of the protected by APO shortly after the from countervailable subsidies and that Act, we are initiating CVD announcement of these case initiations. such imports are causing, or threaten to investigations to determine whether The Department invites comments cause, material injury to the U.S. manufacturers, producers, or exporters regarding CBP data and respondent industry producing the domestic like of certain uncoated paper from the PRC selection within five calendar days of product. The petitioners allege that and Indonesia receive countervailable publication of this Federal Register subject imports exceed the negligibility subsidies from the governments of these notice. Comments must be filed threshold of three percent provided for countries, respectively. electronically using ACCESS. An under section 771(24)(A) of the Act.26 In The PRC electronically-filed document must be CVD petitions, section 771(24)(B) of the received successfully in its entirety by Act provides that imports of subject Based on our review of the petition, the Department’s electronic records we find that there is sufficient merchandise from developing countries system, ACCESS, by 5 p.m. EST by the information to initiate a CVD must exceed the negligibility threshold date noted above. We intend to make investigation on 21 of the 22 alleged of four percent. The petitioners also our decision regarding respondent programs. For a full discussion of the demonstrate that subject imports from selection within 20 days of publication basis for our decision to initiate or not Indonesia, which has been designated as of this Federal Register notice. initiate on each program, see the PRC a developing country under section Interested parties must submit CVD Initiation Checklist. 771(36)(A) of the Act, exceed the applications for disclosure under APO negligibility threshold provided for Indonesia in accordance with 19 CFR 351.305(b). 27 under section 771(24)(B) of the Act. Based on our review of the petition, Instructions for filing such applications The petitioners contend that the we find that there is sufficient may be found on the Department’s Web industry’s injured condition is information to initiate a CVD site at http://enforcement.trade.gov/apo. illustrated by reduced market share; investigation on 14 of the 15 alleged Distribution of Copies of the Petitions underselling and price suppression or programs. For a full discussion of the depression; lost sales and revenues; basis for our decision to initiate or not In accordance with section adverse impact on the domestic initiate on each program, see the 702(b)(4)(A)(i) of the Act and 19 CFR industry, including mill closures, Indonesia CVD Initiation Checklist. 351.202(f), copies of the public version decline in production, and decline in A public version of the initiation of the Petitions have been provided to shipments; reduced employment checklist for each investigation is the GOC and GOI via ACCESS. To the variables; and adverse impact on available on ACCESS and at http:// extent practicable, we will attempt to financial performance.28 We assessed trade.gov/enforcement/news.asp. provide a copy of the public version of In accordance with section 703(b)(1) the Petitions to each known exporter (as 25 Id. of the Act and 19 CFR 351.205(b)(1), named in the Petitions), consistent with 26 See Volume I of the Petitions, at I–23, I–24 and 19 CFR 351.203(c)(2). Exhibit I–12; see also General Issues Supplement, 29 See Indonesia CVD Initiation Checklist and at 11 and Exhibit I–S11. PRC CVD Initiation Checklist, at Attachment III, ITC Notification 27 Id. Analysis of Allegations and Evidence of Material We notified the ITC of our initiation, 28 See Volume I of the Petitions, at I–22 through Injury and Causation for the Antidumping and I–43 and Exhibits I–3 and I–10 through I–26; see Countervailing Duty Petitions Covering Certain as required by section 702(d) of the Act. also General Issues Supplement, at 1, 8–11 and Uncoated Paper from Australia, Brazil, the People’s Exhibits I–S1 and I–S8 through I–S13. Republic of China, Indonesia, and Portugal. 30 See Volume I of the Petitions, at Exhibit I–7.
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Preliminary Determinations by the ITC submitting factual information in these Certification Requirements investigations. The ITC will preliminarily determine, Any party submitting factual within 45 days after the date on which Revised Extension of Time Limits information in an AD or CVD Regulation proceeding must certify to the accuracy the Petitions were filed, whether there 34 is a reasonable indication that imports and completeness of that information. of certain uncoated paper from the PRC On September 20, 2013, the Parties are hereby reminded that revised and/or Indonesia are materially injuring, Department modified its regulation certification requirements are in effect for company/government officials, as or threatening material injury to, a U.S. concerning the extension of time limits well as their representatives. industry.31 A negative ITC for submissions in AD and CVD 33 Investigations initiated on the basis of determination for either country will proceedings. The modification petitions filed on or after August 16, result in the investigation being clarifies that parties may request an 2013, and other segments of any AD or terminated with respect to that extension of time limits before a time CVD proceedings initiated on or after country;32 otherwise, these limit established under Part 351 expires, August 16, 2013, should use the formats investigations will proceed according to or as otherwise specified by the for the revised certifications provided at statutory and regulatory time limits. Secretary. In general, an extension request will be considered untimely if it the end of the Final Rule.35 The Submission of Factual Information is filed after the time limit established Department intends to reject factual under Part 351 expires. For submissions submissions if the submitting party does On April 10, 2013, the Department which are due from multiple parties not comply with the applicable revised published Definition of Factual simultaneously, an extension request certification requirements. Information and Time Limits for will be considered untimely if it is filed Submission of Factual Information: Notification to Interested Parties after 10:00 a.m. on the due date. Final Rule, 78 FR 21246 (April 10, Interested parties must submit Examples include, but are not limited 2013), which modified two regulations applications for disclosure under APO to: (1) Case and rebuttal briefs, filed related to AD and CVD proceedings: The in accordance with 19 CFR 351.305. On pursuant to 19 CFR 351.309; (2) factual definition of factual information (19 January 22, 2008, the Department information to value factors under 19 CFR 351.102(b)(21)), and the time limits published Antidumping and for the submission of factual CFR 351.408(c), or to measure the Countervailing Duty Proceedings: information (19 CFR 351.301). The final adequacy of remuneration under 19 CFR Documents Submission Procedures; rule identifies five categories of factual 351.511(a)(2), filed pursuant to 19 CFR APO Procedures, 73 FR 3634 (January information in 19 CFR 351.102(b)(21), 351.301(c)(3) and rebuttal, clarification 22, 2008). Parties wishing to participate which are summarized as follows: (i) and correction information filed in these investigations should ensure Evidence submitted in response to pursuant to 19 CFR 351.301(c)(3)(iv); (3) that they meet the requirements of these questionnaires; (ii) evidence submitted comments concerning the selection of a procedures (e.g., the filing of letters of in support of allegations; (iii) publicly surrogate country and surrogate values appearance as discussed at 19 CFR available information to value factors and rebuttal; (4) comments concerning 351.103(d)). CBP data; and (5) quantity and value under 19 CFR 351.408(c) or to measure This notice is issued and published the adequacy of remuneration under 19 questionnaires. Under certain pursuant to sections 702 and 777(i) of the CFR 351.511(a)(2); (iv) evidence placed circumstances, the Department may Act. on the record by the Department; and (v) elect to specify a different time limit by Dated: February 10, 2015. evidence other than factual information which extension requests will be Paul Piquado, described in (i)–(iv). The final rule considered untimely for submissions Assistant Secretary for Enforcement and requires any party, when submitting which are due from multiple parties Compliance. factual information, to specify under simultaneously. In such a case, the Appendix I which subsection of 19 CFR Department will inform parties in the 351.102(b)(21) the information is being letter or memorandum setting forth the Scope of the Investigations submitted and, if the information is deadline (including a specified time) by The merchandise covered by these submitted to rebut, clarify, or correct which extension requests must be filed investigations includes uncoated paper in factual information already on the to be considered timely. This sheet form; weighing at least 40 grams per record, to provide an explanation modification also requires that an square meter but not more than 150 grams identifying the information already on extension request must be made in a per square meter; that either is a white paper with a GE brightness level1 of 85 or higher the record that the factual information separate, stand-alone submission, and clarifies the circumstances under which seeks to rebut, clarify, or correct. The 34 See section 782(b) of the Act. final rule also modified 19 CFR 351.301 the Department will grant untimely- 35 See Certification of Factual Information to so that, rather than providing general filed requests for the extension of time Import Administration During Antidumping and time limits, there are specific time limits limits. These modifications are effective Countervailing Duty Proceedings, 78 FR 42678 (July based on the type of factual information for all segments initiated on or after 17, 2013) (‘‘Final Rule’’); see also frequently asked questions regarding the Final Rule, available at being submitted. These modifications October 21, 2013, and thus are http://enforcement.trade.gov/tlei/notices/factual_ are effective for all proceeding segments applicable to these investigations. info_final_rule_FAQ_07172013.pdf. initiated on or after May 10, 2013, and Interested parties should review 1 One of the key measurements of any grade of thus are applicable to these Extension of Time Limits; Final Rule, paper is brightness. Generally speaking, the brighter the paper the better the contrast between the paper investigations. Interested parties should available at http://www.gpo.gov/fdsys/ and the ink. Brightness is measured using a GE review the final rule, available at http:// pkg/FR-2013-09-20/html/2013- Reflectance Scale, which measures the reflection of enforcement.trade.gov/frn/2013/ 22853.htm, prior to submitting factual light off a grade of paper. One is the lowest 1304frn/2013–08227.txt, prior to information in these investigations. reflection, or what would be given to a totally black grade, and 100 is the brightest measured grade. ‘‘Colored paper’’ as used in this scope definition 31 See section 703(a) of the Act. 33 See Extension of Time Limits; Final Rule, 78 FR means a paper with a hue other than white that 32 Id. 57790 (September 20, 2013). reflects one of the primary colors of magenta,
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or is a colored paper; whether or not surface- Products Co., Ltd. (‘‘Petitioner’’), and respect to these entities, in accordance decorated, printed (except as described Hangzhou Yingqing Material Co. Ltd with 19 CFR 351.213(d)(1). below), embossed, perforated, or punched; (‘‘Yingqing Material’’), we are now Assessment irrespective of the smoothness of the surface; rescinding this administrative review and irrespective of dimensions (Certain with respect to 35 companies. The Department will instruct U.S. Uncoated Paper). Customs and Border Protection (‘‘CBP’’) Certain Uncoated Paper includes (a) DATES: Effective Date: February 18, uncoated free sheet paper that meets this 2015. to assess antidumping duties on all scope definition; (b) uncoated groundwood appropriate entries. For the companies FOR FURTHER INFORMATION CONTACT: paper produced from bleached chemi- for which this review is rescinded, thermo-mechanical pulp (BCTMP) that meets Katie Marksberry, AD/CVD Operations, antidumping duties shall be assessed at this scope definition; and (c) any other Office V, Enforcement and Compliance, rates equal to the cash deposit of uncoated paper that meets this scope International Trade Administration, estimated antidumping duties required definition regardless of the type of pulp used U.S. Department of Commerce, 14th at the time of entry, or withdrawal from to produce the paper. Street and Constitution Avenue NW., warehouse, for consumption, in Specifically excluded from the scope are Washington, DC 20230; telephone (202) accordance with 19 CFR (1) paper printed with final content of 482–7906. printed text or graphics and (2) lined paper 351.212(c)(1)(i). The Department products, typically school supplies, Background intends to issue appropriate assessment composed of paper that incorporates straight instructions directly to CBP 15 days horizontal and/or vertical lines that would In October 2014, the Department after publication of this notice. make the paper unsuitable for copying or received multiple timely requests to printing purposes. conduct an administrative review of the Notification to Importers Imports of the subject merchandise are antidumping duty order on steel wire This notice serves as the only provided for under Harmonized Tariff garment hangers from the PRC.1 Based reminder to importers for whom this Schedule of the United States (HTSUS) upon these requests, on November 28, review is being rescinded, as of the categories 4802.56.1000, 4802.56.2000, 2014, the Department published a notice publication date of this notice, of their 4802.56.3000, 4802.56.4000, 4802.56.6000, of initiation of an administrative review 4802.56.7020, 4802.56.7040, 4802.57.1000, responsibility under 19 CFR 4802.57.2000, 4802.57.3000, and of the Order covering the period October 351.402(f)(2) to file a certificate 2 4802.57.4000. Some imports of subject 1, 2013, to September 30, 2014. The regarding the reimbursement of merchandise may also be classified under Department initiated the administrative antidumping duties prior to liquidation 4802.62.1000, 4802.62.2000, 4802.62.3000, review with respect to 42 companies.3 of the relevant entries during this 4802.62.5000, 4802.62.6020, 4802.62.6040, On December 19, 2014, Petitioner review period. Failure to comply with 4802.69.1000, 4802.69.2000, 4802.69.3000, withdrew its request for an this requirement could result in the 4811.90.8050 and 4811.90.9080. While administrative review on 35 Secretary’s presumption that HTSUS subheadings are provided for companies.4 Additionally, on February reimbursement of the antidumping convenience and customs purposes, the written description of the scope of the 2, 2015, Yingqing Material withdrew its duties occurred and the subsequent 5 investigations is dispositive. request for a review of itself. assessment of double antidumping duties. [FR Doc. 2015–03337 Filed 2–17–15; 8:45 am] Partial Rescission BILLING CODE 3510–DS–P Pursuant to 19 CFR 351.213(d)(1), the Notification Regarding Administrative Secretary will rescind an administrative Protective Orders review, in whole or in part, if a party This notice also serves as a reminder DEPARTMENT OF COMMERCE who requested the review withdraws to parties subject to administrative International Trade Administration the request within 90 days of the date protective orders (‘‘APO’’) of their of publication of notice of initiation of responsibility concerning the return or [A–570–918] the requested review. All requests for destruction of proprietary information administrative reviews on the 35 disclosed under APO in accordance Steel Wire Garment Hangers From the companies listed in the Appendix were with 19 CFR 351.305, which continues People’s Republic of China; 2013– withdrawn.6 Accordingly, we are to govern business proprietary 2014; Partial Rescission of the Sixth rescinding this review, in part, with information in this segment of the Antidumping Duty Administrative proceeding. Timely written notification Review 1 See Notice of Antidumping Duty Order: Steel of the return or destruction of APO Wire Garment Hangers From the People’s Republic AGENCY: materials or conversion to judicial Enforcement and Compliance, of China, 73 FR 58111 (October 6, 2008) (‘‘Order’’). International Trade Administration, 2 See Initiation of Antidumping and protective order is hereby requested. Department of Commerce. Countervailing Duty Administrative Reviews, 79 FR Failure to comply with the regulations SUMMARY: On November 28, 2014, the 70850 (November 28, 2014). and terms of an APO is a violation Department of Commerce 3 Id. which is subject to sanction. 4 See Letter to the Department from Petitioners, (‘‘Department’’) published a notice of Re: Petitioner’s Withdrawal of Review Requests for Notification to Interested Parties initiation of an administrative review of Specific Companies, dated December 19, 2014. This notice is issued and published in the antidumping duty order on steel 5 See Letter to the Department from Yingqing accordance with sections 751 and wire garment hangers from the People’s Material; Re: Withdrawal from Review, dated 777(i)(l) of the Tariff Act of 1930, as Republic of China (‘‘PRC’’) based on February 2, 2015. 6 As stated in Change in Practice in NME Reviews, amended, and 19 CFR 351.213(d)(4). multiple timely requests for an the Department will no longer consider the non- administrative review. The review market economy (‘‘NME’’) entity as an exporter Dated: February 6, 2015. covers 42 companies. Based on conditionally subject to administrative reviews. See Christian Marsh, withdrawals of the requests for review Antidumping Proceedings: Announcement of Deputy Assistant Secretary for Antidumping Change in Department Practice for Respondent and Countervailing Duty Operations. of certain companies from M&B Metal Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy APPENDIX yellow, and cyan (red, yellow, and blue) or a Entity in NME Antidumping Duty Proceedings, 78 combination of such primary colors. FR 65963 (November 4, 2013). 1 Da Sheng Hanger Ind. Co., Ltd.
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2 Feirongda Weaving Material Co. Ltd. parties an opportunity to comment.1 hearing.7 On December 19, 2014, the 3 Hangzhou Qingqing Mechanical Co. Ltd. The review initially covered two Department issued a memorandum 4 Hangzhou Yingqing Material Co. Ltd mandatory respondents, Molino e extending the time period for issuing 5 Hongye (HK) Group Development Co. Ltd. Pastificio Tomasello S.p.A. (Tomasello), the final results of this administrative 6 Liaoning Metals & Mineral Imp/Exp Corp. 2 review from December 23, 2013 to 7 Nanton Eason Foreign Trade Co., Ltd. and Rummo, and eight non-selected 3 8 8 Ningbo Bingcheng Import & Export Co., companies. We rescinded the review February 21, 2014. Ltd. with respect to Alica and Lensi in the Scope of the Order 9 Ningbo Peacebird Import & Export Co., Preliminary Results.4 The period of Ltd. review (POR) is July 1, 2012, through Imports covered by the order are 10 Shang Zhou Leather Shoes Plant June 30, 2013. As a result of our analysis shipments of certain non-egg dry pasta. 11 Shanghai Bao Heng Relay Making Co., of the comments and information The merchandise subject to review is Ltd. received, these final results differ from currently classifiable under items 12 Shanghai Ding Ying Printing & Dyeing the Preliminary Results. For the final 1901.90.90.95 and 1902.19.20 of the Co. Ltd. weighted-average dumping margin, see Harmonized Tariff Schedule of the 13 Shanghai Ganghun Beddiry Clothing United States (HTSUS). Although the Factory the ‘‘Final Results of Review’’ section below. HTSUS subheadings are provided for 14 Shanghai Guoxing Metal Products Co. convenience and customs purposes, the Ltd. DATES: Effective Date: February 18, 15 Shanghai Jianhai International Trade Co., written description of the merchandise 9 Ltd. 2015. subject to the order is dispositive. 16 Shanghai Lian Development Co. Ltd. FOR FURTHER INFORMATION CONTACT: Analysis of Comments Received 17 Shanghai Shuang Qiang Embroidery Stephanie Moore (Tomasello) or Cindy Factory All issues raised in the case and 18 Shanghai Tonghui Robinson (Rummo), AD/CVD rebuttal briefs by parties to this 19 Shangyu Baoli Electro Chemical Operations, Office III, Enforcement and administrative review are addressed in Aluminum Products Co., Ltd. Compliance, International Trade the Issues and Decision 20 Shangyu Baoxiang Metal Manufactured Administration, U.S. Department of Memorandum.10 A list of the issues that Co. Ltd. Commerce, 14th Street and Constitution parties raised and to which we 21 Shangyu Tongfang Labour Protective Avenue NW., Washington, DC 20230; responded is attached to this notice as Articles Co., Ltd. telephone: (202) 482–3692 or (202) 482– an Appendix. The Issues and Decision 22 Shaoxing Guochao Metallic Products Co., 3797, respectively. Ltd. Memorandum is a public document and 23 Shaoxing Liangbao Metal Manufactured SUPPLEMENTARY INFORMATION: is on-file electronically via ACCESS. Co. Ltd. ACCESS is available to registered users 24 Shaoxing Meideli Hanger Co. Ltd. Background at http://access.trade.gov and in the 25 Shaoxing Shunji Metal Clotheshorse Co., CRU. In addition, a complete version of On August 25, 2014, the Department Ltd. the Issues and Decision Memorandum published the Preliminary Results. In 26 Shaoxing Shuren Tie Co., Ltd. can be accessed directly on the Internet accordance with 19 CFR 27 Shaoxing Zhongbao Metal Manufactured at http://enforcement.ita.doc.gov/frn/ 351.309(c)(1)(ii), we invited parties to Co., Ltd. index.html. The signed Issues and 28 Shaoxing Zhongdi Foreign Trade Co., Ltd. comment on our Preliminary Results.5 Decision Memorandum and the 29 Tianjin Innovation International On September 24, 2014, Rummo and electronic versions of the Issues and 30 Tianjin Tailai Import and Export Co. Ltd. Tomasello submitted case briefs. On Decision Memorandum are identical in 31 Wesken International (Kunshan) Co. Ltd. September 24, 2014, Rummo also content. 32 Xia Fang Hanger (Cambodia) Co., Ltd. requested a hearing. On October 3, 2014, 33 Zhejiang Hongfei Plastic Industry Co. Ltd. 6 34 Zhejiang Jaguar Import and Export Co. Petitioners filed a rebuttal brief with Changes Since the Preliminary Results Ltd. respect to Rummo. On November 13, Based on a review of the record and 35 Zhejiang Lucky Cloud Hanger Co., Ltd. 2014, the Department held a public comments received from interested [FR Doc. 2015–03193 Filed 2–17–15; 8:45 am] parties regarding our Preliminary 1 BILLING CODE 3510–DS–P See Certain Pasta From Italy: Preliminary Results, we recalculated Rummo’s and Results of Antidumping Duty Administrative Review and Partial Rescission; 2012–2013, 79 FR Tomasello’s weighted-average dumping 50614 (August 25, 2014) (Preliminary Results). margins for these final results. DEPARTMENT OF COMMERCE 2 The ‘‘Rummo Group’’ consists of Rummo S.p.A., a producer and seller of subject merchandise, Lenta 7 See the hearing transcript dated November 13, International Trade Administration Lavorazione, a seller of subject merchandise, Pasta 2014, which is on-file electronically via Castiglioni, a producer and seller of subject Enforcement and Compliance’s Antidumping and merchandise, and the ultimate holding company Countervailing Duty Centralized Electronic Service [A–475–818] (with no operations), Rummo S.p.A. Molino e System (ACCESS). ACCESS is available to Pastificio (collectively, ‘‘Rummo’’). registered users at http://access.trade.gov and in the Certain Pasta From Italy: Final Results 3 The non-selected companies are: Alica srl Central Records Unit (CRU), room 7046 of the main of Antidumping Duty Administrative (Alica); Dalla Costa Alimentare srl; Delverde Department of Commerce building. Review; 2012–2013 Industrie Alimentari S.p.A.; Ghigi Industria 8 Because February 21, 2015, is a Saturday, the Agroalimentare in San Clemente srl; Pasta Lensi deadline for the final results will be Monday, S.r.l (Lensi); Pasta Zara S.p.A.; Pastificio Toscano February 23, 2015. AGENCY : Enforcement and Compliance, srl; Valdigrano di Flavio Pagani S.r.L. We 9 For a full description of the scope of the order, International Trade Administration, rescinded, in part, this administrative review with see the ‘‘Issues and Decision Memorandum for the Department of Commerce. respect to Alica and Lensi. Final Results of the 17th Antidumping Duty 4 See Preliminary Results. Administrative Review: Certain Pasta from Italy; SUMMARY: On August 25, 2014, the 5 The Department issued the briefing schedule in 2012–2013’’ from Christian Marsh, Deputy Department of Commerce (the a Memorandum to the File, dated January 7, 2014. Assistant Secretary for Antidumping and Department) published the Preliminary This briefing schedule indicated that the case and Countervailing Duty Operations, to Paul Piquado, Results of the antidumping duty rebuttal briefs were due by close of business Assistant Secretary for Enforcement and January 15, 2014 and January 22, 2014, respectively. Compliance, dated concurrently with this notice administrative review of certain pasta 6 The Petitioners are New World Pasta Company (Issues and Decision Memorandum). from Italy and provided interested and Dakota Growers Pasta Company. 10 Id.
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For Rummo, we revised our margin Weighted- the total quantity sold to that importer program by utilizing the non- average (or customer). consolidated customer code for one of Producer and/or Exporter dumping The Department clarified its 11 margin ‘‘automatic assessment’’ regulation on Rummo’s consolidated customers. As (percent) a result of this change, we applied the May 6, 2003.16 This clarification will average-to-average (A-to-A) comparison Delverde Industrie Alimentari apply to entries of subject merchandise to calculate Rummo’s weighted-average S.p.A ...... 2.36 during the POR produced by the dumping margin. In addition, we made Ghigi Industria Agroalimentare respondent for which it did not know its a correction to our margin program for in San Clemente srl ...... 2.36 merchandise was destined for the Rummo’s U.S. direct selling expenses Valdigrano di Flavio Pagani United States. In such instances, we will S.r.L ...... 2.36 instruct CBP to liquidate unreviewed which were inadvertently double Pasta Zara S.p.A ...... 2.36 12 entries at the all-others rate if there is no counted in the Preliminary Results. Pastificio Toscano srl; ...... 2.36 We made a change to our margin rate for the intermediate company(ies) involved in the transaction. For a full program for Tomasello with respect to Duty Assessment certain billing adjustments. As a result discussion of this clarification, see the of this revision, we applied the average- The Department shall determine and Automatic Assessment Clarification. the CBP shall assess antidumping duties We intend to issue assessment to-transaction (A-to-T) method for the 15 U.S. sales passing the Cohen’s d test and on all appropriate entries. For any instructions directly to CBP 15 days the A-to-A method for the U.S. sales not individually examined respondents after publication of the final results of whose weighted-average dumping passing the Cohen’s d test to calculate this review. margin is above de minimis, we the weighted-average dumping margin Cash Deposit Requirements calculated importer-specific ad valorem for Tomasello.13 duty assessment rates based on the ratio The following cash deposit As a result of the aforementioned of the total amount of dumping requirements will be effective upon recalculations of Tomasello’s and calculated for the importer’s examined publication of the notice of final results Rummo’s rates, the weighted-average sales to the total entered value of those of administrative review for all dumping margin for the six non-selected same sales in accordance with 19 CFR shipments of subject merchandise companies changed. 351.212(b)(1). Upon issuance of the final entered, or withdrawn from warehouse, Final Results of the Review results of this administrative review, if for consumption on or after the any importer-specific assessment rates publication of the final results of this As a result of this review, the calculated in the final results are above administrative review, as provided by Department determines the following de minimis (i.e., at or above 0.5 percent), section 751(a)(2) of the Act: (1) The cash weighted-average dumping margins 14 the Department will issue appraisement deposit rate for respondents noted above for the period July 1, 2012, through June instructions directly to CBP to assess will be the rate established in the final 30, 2013, are as follows: antidumping duties on appropriate results of this administrative review; (2) entries. for merchandise exported by Weighted- To determine whether the duty manufacturers or exporters not covered average Producer and/or Exporter dumping assessment rates covering the period in this administrative review but margin were de minimis, in accordance with covered in a prior segment of the (percent) the requirement set forth in 19 CFR proceeding, the cash deposit rate will 351.106(c)(2), for each respondent we continue to be the company specific rate Rummo S.p.A. Molino e calculated importer (or customer)- published for the most recently Pastificio, Rummo S.p.A., specific ad valorem rates by aggregating completed segment of this proceeding; Lenta Lavorazione, and (3) if the exporter is not a firm covered Pasta Castiglioni (collectively the amount of dumping calculated for the Rummo Group) ...... 4.26 all U.S. sales to that importer or in this review, a prior review, or the Molino e Pastificio Tomasello customer and dividing this amount by original investigation, but the S.p.A...... 1.71 the total entered value of the sales to manufacturer is, the cash deposit rate Dalla Costa Alimentare srl ...... 2.36 that importer (or customer). Where an will be the rate established for the most importer (or customer)-specific ad recently completed segment of this 11 See Issues and Decision Memorandum at valorem rate is greater than de minimis, proceeding for the manufacturer of the comment 4; see also Memorandum to the File, and the respondent has reported reliable subject merchandise; and (4) the cash Through Eric B. Greynolds, Program Manager, entered values, we apply the assessment deposit rate for all other manufacturers Office III, from Cindy Robinson, Case Analyst, or exporters will continue to be 15.45 Office III, titled ‘‘Certain Pasta from Italy: rate to the entered value of the Calculation Memorandum—the Rummo Group,’’ importer’s/customer’s entries during the percent, the all-others rate established dated December 23, 2014 (Rummo Calc. Memo), for review period. Where an importer (or in the antidumping investigation as details. customer)-specific ad valorem rate is modified by the section 129 12 See Issues and Decision Memorandum at greater than de minimis and we do not determination. These cash deposit comment 5 and Rummo Calc. Memo for details. requirements, when imposed, shall 13 See Sales Analysis Memorandum for the Final have reliable entered values, we Results for Molino e Pastificio Tomasello S.p.A. calculate a per-unit assessment rate by remain in effect until further notice. (Tomasello). aggregating the amount of dumping for Notification to Importers Regarding the 14 The rate applied to the non-selected companies all U.S. sales to each importer (or Reimbursement of Duties is a weighted-average percentage margin calculated customer) and dividing this amount by based on the publicly-ranged U.S. volumes of the This notice also serves as a final two reviewed companies with an affirmative reminder to importers of their dumping margin, for the period July 1, 2012, 15 In these final results, the Department applied through June 30, 2013. See Memorandum to the the assessment rate calculation method adopted in responsibility under 19 CFR 351.402(f) File, titled, ‘‘Certain Pasta from Italy: Margin for Antidumping Proceedings: Calculation of the Respondents Not Selected for Individual Weighted-Average Dumping Margin and 16 See Antidumping and Countervailing Duty Examination,’’ from Stephanie Moore, Case Analyst, Assessment Rate in Certain Antidumping Proceedings: Assessment of Antidumping Duties, through Eric B. Greynolds, Program Manager, dated Proceedings: Final Modification, 77 FR 8101 68FR 23954 (May 6, 2003) (Automatic Assessment concurrently with this notice. (February 14, 2012). Clarification).
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to file a certificate regarding the DEPARTMENT OF COMMERCE the Department’s final results.3 Mueller reimbursement of antidumping and/or timely appealed to the United States countervailing duties prior to International Trade Administration Court of Appeals for the Federal Circuit liquidation of the relevant entries (CAFC or Court).4 The CAFC remanded during the POR. Failure to comply with [A–201–805] for the Department to reconsider the this requirement could result in the margin calculated for Mueller.5 Department’s presumption that Certain Circular Welded Non-Alloy The United States and Mueller have reimbursement of antidumping and/or Steel Pipe from Mexico: Notice of now entered into an agreement to settle countervailing duties occurred and the Amended Final Results of this dispute. The Court issued its subsequent assessment of doubled Antidumping Duty Administrative amended Order of Judgment by Stipulation on February 6, 2015.6 antidumping duties. Review Pursuant to Settlement Pursuant to the Court’s amended Order Administrative Protective Order AGENCY: Enforcement and Compliance, of Judgment by Stipulation, the International Trade Administration, amended final weighted-average This notice also serves as a reminder Department of Commerce. dumping margin for Mueller Comercial to parties subject to administrative DATES: Effective: February 18, 2015. de Mexico, S. de R.L. de C.V. is 13.70 protective orders (APO) of their percent, as agreed to by the parties. responsibility concerning the return or FOR FURTHER INFORMATION CONTACT: Assessment Rates destruction of proprietary information Mark Flessner or Robert James, AD/CVD disclosed under APO in accordance Operations, Office VI, Enforcement and The Department shall determine, and with 19 CFR 351.305(a)(3), which Compliance, International Trade CBP shall assess, antidumping duties on continues to govern business Administration, U.S. Department of all appropriate entries covered by this proprietary information in this segment Commerce, 14th Street and Constitution review pursuant to section 751(a)(2)(C) of the proceeding. Timely written Avenue NW., Washington, DC 20230; of the Act and 19 CFR 351.212(b). The notification of the return/destruction of telephone: (202) 482–6312 and (202) Department intends to issue assessment 482–0649, respectively. APO materials, or conversion to judicial instructions to CBP within 15 days after the date of publication of these protective order, is hereby requested. SUPPLEMENTARY INFORMATION: amended final results of review in the Failure to comply with the regulations Background Federal Register. and the terms of an APO is a Because Mueller’s weighted-average On April 9, 2010, the Department of sanctionable violation. dumping margin is not zero or de Commerce (the Department) published We are issuing and publishing this minimis (i.e., less than 0.5 percent), the the final results of its administrative notice in accordance with sections Department has calculated importer- review of the antidumping duty order 751(a)(1) and 777(i)(1) of the Act and 19 specific antidumping duty assessment on certain circular welded non-alloy rates. We calculated importer-specific CFR 351.213(h). steel pipe from Mexico. The period of ad valorem antidumping duty Dated: February 10, 2015. review (POR) is November 1, 2008, 1 assessment rates by aggregating the total Paul Piquado, through October 31, 2009. amount of dumping calculated for the Assistant Secretary for Enforcement and In the Final Results, the Department examined sales of each importer and Compliance. assigned to Mueller Comercial de dividing each of these amounts by the Mexico, S. de R.L. de C.V. (Mueller), an Appendix total entered value associated with those exporter of certain circular welded non- sales. We will instruct CBP to assess List of Topics Discussed in the Final Issues alloy steel pipe from Mexico to the antidumping duties on all appropriate and Decision Memorandum United States, a rate of 19.81 percent for entries covered by this review where an I. Summary the 2008–09 period of review. The importer-specific assessment rate is not II. Background Department had conducted zero or de minimis. Pursuant to 19 CFR III. Scope administrative reviews of Mueller, 351.106(c)(2), we will instruct CBP to IV. List of Comments Tuberia Nacional, S.A. de C.V. (TUNA), liquidate without regard to antidumping Comment 1: Consideration of an and Ternium, S.A.de C.V. (Ternium). duties any entries for which the Alternative Comparison Method in The Department based Mueller’s importer-specific assessment rate is zero Administrative Reviews margin, in part, on facts available or de minimis. because an unaffiliated supplier refused Comment 2: The Utilization of the Cohen’s Cash Deposit Requirements d Test in Differential Pricing Analysis to supply the Department with its costs Comment 3: Application of the Average-to- of production, necessary to conduct the The cash deposit rate for Mueller will Transaction Method to Non-dumped sales-below-cost test on Mueller’s home be that stipulated in the settlement U.S. Sales market sales. agreement, 13.70 percent. Comment 4: Definition of ‘‘Purchaser’’ in Following the publication of the Final Notification to Importers the Differential Pricing Analysis Results, Mueller filed a lawsuit with the Comment 5: Correction for Rummo’s U.S. United States Court of International This notice also serves as a final Direct Selling Expenses Trade (CIT) challenging the reminder to importers of their Comment 6: The Commission Offset for Department’s final results of 3 Rummo’s Constructed Export Price (CEP) 2 See Mueller Comercial de Mexico, S. de R.L. de administrative review. The CIT upheld C.V. v. United States, Court No. 11–00319, Slip Op. Sales 13–57 (May 2, 2013). Comment 7: Treatment of Tomasello’s 1 See Certain Circular Welded Non-Alloy Steel 4 See Mueller Comercial de Mexico, S. de R.L. de Billing Adjustments Pipe From Mexico: Final Results of Antidumping C.V. v. United States, 753 F.3rd 1227 (Fed. Circ., V. Analysis Duty Administrative Review, 76 FR 36086 (June 21, 2014). VI. Recommendation 2011) (Final Results). 5 Id., at 1235–36. 2 See Mueller Comercial de Mexico, S. de R.L. de 6 See Mueller Comercial de Mexico, S. de R.L. de [FR Doc. 2015–03334 Filed 2–17–15; 8:45 am] C.V. v. United States, Court No. 11–00319, Slip Op. C.V. v. United States, Court No. 11–00319, Slip Op. BILLING CODE 3510–DS–P 12–156 (December 21, 2012). 15–9 (February 6, 2015).
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responsibility under 19 CFR 351.402(f) antidumping duty orders on the continuation of the antidumping to file a certificate regarding the ferrovanadium from the PRC and South orders on ferrovanadium from the PRC reimbursement of antidumping duties Africa, pursuant to section 751(c) of the and South Africa. U.S. Customs and prior to liquidation of the relevant Tariff Act of 1930, as amended (the Border Protection will continue to entries during this review period. ‘‘Act’’).1 As a result of its reviews, the collect antidumping duty cash deposits Failure to comply with this requirement Department determined that revocation at the rates in effect at the time of entry could result in the Secretary’s of the antidumping duty orders on for all imports of subject merchandise. presumption that reimbursement of ferrovanadium from the PRC and South The effective date of the continuation antidumping duties occurred, and the Africa would likely lead to continuation of the orders will be the date of subsequent assessment of double or recurrence of dumping and notified publication in the Federal Register of antidumping duties. the ITC of the magnitude of the margins this notice of continuation. Pursuant to We are issuing this determination and likely to prevail should the orders be section 751(c)(2) of the Act, the publishing these final results of revoked.2 On February 3, 2015, the ITC Department intends to initiate the next antidumping duty administrative review published its determination, pursuant to five-year review of the orders not later pursuant to settlement and notice in section 751(c) of the Act, that revocation than 30 days prior to the fifth accordance with 19 U.S.C. 1516(e). of the antidumping duty orders on anniversary of the effective date of Dated: February 12, 2015. ferrovanadium from the PRC and South continuation. Africa would likely lead to continuation These five-year sunset reviews and Paul Piquado, or recurrence of material injury to an this notice are in accordance with Assistant Secretary for Enforcement and industry in the United States within a section 751(c) of the Act and published Compliance. reasonably foreseeable time.3 pursuant to section 777(i)(1) of the Act [FR Doc. 2015–03478 Filed 2–17–15; 8:45 am] and 19 CFR 351.218(f)(4). BILLING CODE 3510–DS–P Scope of the Orders The scope of these orders covers all Dated: February 6, 2015. ferrovanadium regardless of grade, Paul Piquado, DEPARTMENT OF COMMERCE chemistry, form, shape, or size. Assistant Secretary for Enforcement and Ferrovanadium is an alloy of iron and Compliance. International Trade Administration vanadium that is used chiefly as an [FR Doc. 2015–03336 Filed 2–17–15; 8:45 am] [A–570–873; A–791–815] additive in the manufacture of steel. The BILLING CODE 3510–DS–P merchandise is commercially and Ferrovanadium From the People’s scientifically identified as vanadium. It Republic of China and the Republic of specifically excludes vanadium DEPARTMENT OF COMMERCE South Africa: Continuation of additives other than ferrovanadium, International Trade Administration Antidumping Duty Orders such as nitride vanadium, vanadium- aluminum master alloys, vanadium AGENCY: Enforcement and Compliance, Cyber Security Business Development International Trade Administration, chemicals, vanadium oxides, vanadium Mission to Poland and Romania May Department of Commerce. waste and scrap, and vanadium-bearing 11–15, 2015 SUMMARY: As a result of determinations raw materials such as slag, boiler by the Department of Commerce (the residues and fly ash. Merchandise under AGENCY: International Trade ‘‘Department’’) and the International the following Harmonized Tariff Administration, Department of Trade Commission (the ‘‘ITC’’) that Schedule of the United States Commerce. revocation of the antidumping duty (‘‘HTSUS’’) item numbers 2850.00.2000, ACTION: Notice. orders on ferrovanadium from the 8112.40.3000, and 8112.40.6000 are specifically excluded. Ferrovanadium is SUMMARY: The United States Department People’s Republic of China (‘‘PRC’’) and of Commerce, International Trade the Republic of South Africa (‘‘South classified under HTSUS item number 7202.92.00. Although the HTSUS item Administration, is amending the Notice Africa’’) would likely lead to a published at 79 FR 58746 (September continuation or recurrence of dumping number is provided for convenience and Customs purposes, the Department’s 30, 2014), regarding the executive-led and material injury to an industry in the written description of the scope of these Cyber Security Business Development United States, the Department is orders remains dispositive. Mission to Poland and Romania, publishing a notice of continuation of scheduled for May 11–15, 2015, to these antidumping duty orders. Continuation of the Orders announce new leadership in the trade DATES: Effective Date: February 18, As a result of the determinations by mission and to extend the date of the 2015. the Department and the ITC that application deadline from March 1, FOR FURTHER INFORMATION CONTACT: revocation of the antidumping duty 2015 to the new deadline of March 13, Jonathan Hill or Howard Smith, AD/ orders would likely lead to continuation 2015. CVD Operations, Office IV, Enforcement or recurrence of dumping and material SUPPLEMENTARY INFORMATION: and Compliance, International Trade injury to an industry in the United Amendments to Announce Leadership Administration, U.S. Department of States, pursuant to section 751(d)(2) of and Revise the Dates. Commerce, 14th Street and Constitution the Act, the Department hereby orders Avenue NW., Washington, DC 20230; Background telephone: 202–482–3518 or 202–482– 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78 The United States Department of FR 65614 (November 1, 2013). Commerce is pleased to announce that 5193, respectively. 2 See Ferrovanadium from the People’s Republic SUPPLEMENTARY INFORMATION: of China and the Republic of South Africa: Final the Cyber Security Business Results of the Expedited Second Sunset Reviews of Development Mission to Poland and Background the Antidumping Duty Orders, 79 FR 14216 (March Romania will now be led by the Deputy On November 1, 2013, the Department 13, 2014). Secretary of Commerce, Bruce H. 3 See Ferrovanadium from China and South published a notice of initiation of the Africa; Determinations, 80 FR 5787 (February 3, Andrews. Due to this change in second sunset reviews of the 2015). leadership, it has been determined that
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additional time is needed to allow for The Petitions 3, 2015, the Department requested additional recruitment and marketing in On January 21, 2015, the Department additional information and clarification support of the Mission. Applications of Commerce (the Department) received of certain areas of the Petitions on will now be accepted through March 13, the antidumping duty (AD) petitions Australia, Brazil, Indonesia, and the 10 2014 (and after that date if space concerning imports of certain uncoated PRC. The petitioners filed responses 11 remains and scheduling constraints paper (uncoated paper) from Australia, to these requests on February 3, 2015. permit). Interested U.S. companies and Brazil, the PRC, Indonesia, and Portugal, trade associations/organizations filed in proper form on behalf of the 9 See Letter from the petitioners to the Department entitled ‘‘Re: Certain Uncoated Paper providing cyber security software and 1,2 petitioners. The Petitions were from Australia, Brazil, Indonesia, the People’s critical infrastructure goods and services accompanied by two countervailing Republic of China, and Portugal—Petitioners’ which have not already submitted an duty (CVD) petitions on imports of Response to the Department’s General Questions application are encouraged to do so. uncoated paper from the PRC and Regarding the Petition’’ dated January 30, 2015 (General Issues Supplement); Letter from the The U.S. Department of Commerce 3 Indonesia. The petitioners are domestic petitioners to the Department entitled ‘‘Re: Certain will review applications and make producers of uncoated paper,4 and a Uncoated Paper from Australia, Brazil, Indonesia, selection decisions on a rolling basis in certified union with workers engaged in the People’s Republic of China, and Portugal— accordance with the Notice published at the manufacture and production of the Petitioners’ Response to the Department’s January 26, 2015, Supplemental Questionnaire: Australia 79 FR 58746 (September 30, 2014) The domestic like product in the United Dumping Allegation’’ dated January 30, 2015 applicants selected will be notified as States.5 (Australia Supplement); Letter from the petitioners soon as possible. On January 26, 2015, the Department to the Department entitled ‘‘Re: Certain Uncoated requested additional information and Paper from Brazil—Petitioners’ Response to the Contact Information Department’s Questions Regarding the Petition’’ clarification of certain areas of the dated January 30, 2015 (Brazil Supplement); Letter Gemal Brangman, International Trade Petitions.6 Additionally, on January 27, from the petitioners to the Department entitled ‘‘Re: Specialist, Trade Missions, U.S. 2015, the Department held a Certain Uncoated Paper from Australia, Brazil, Department of Commerce, Washington, teleconference call with the petitioners Indonesia, the People’s Republic of China, and Portugal—Petitioners’ Response to the Department’s DC 20230, Tel: 202–482–3773, Fax: regarding issues in the Petition on the January 26, 2015, Supplemental Questionnaire: 202–482–9000, Gemal.Brangman@ PRC and the scope of the Petitions.7 The Indonesia Dumping Allegation’’ dated January 30, trade.gov. petitioners filed responses to these 2015 (Indonesia AD Supplement); and Letter from requests on January 29, 2015, and the petitioners to the Department entitled ‘‘Re: Frank Spector, Certain Uncoated Paper from the PRC—Petitioners’ January 30, 2015.8,9 On February 2 and Trade Missions Program. Response to the Department’s Questions Regarding the Petition’’ dated January 30, 2015 (PRC AD [FR Doc. 2015–03341 Filed 2–17–15; 8:45 am] 1 United Steel, Paper and Forestry, Rubber, Supplement). BILLING CODE 3510–FP–P Manufacturing, Energy, Allied Industrial and 10 See Memorandum to the File from Michael Service Workers International Union; Domtar Martin, Lead Accountant, Office of Accounting, Corporation; Finch Paper LLC; P.H. Glatfelter from Angie Sepulveda, Senior Accountant, entitled Company; and Packaging Corporation of America ‘‘Petition for the Imposition of Antidumping Duties DEPARTMENT OF COMMERCE (collectively known as (the petitioners)). on Imports of Certain Uncoated Paper from 2 See Petitions for the Imposition of Antidumping Australia: Financial Expense,’’ dated February 2, International Trade Administration Duties on Imports of Certain Uncoated Paper from 2015; Letter from the Department to the petitioners Australia, Brazil, the People’s Republic of China entitled ‘‘Petition for the Imposition of [A–602–807, A–351–842, A–570–022, A–560– (PRC), Indonesia, and Portugal; and Countervailing Antidumping Duties on Imports of Certain 828, A–471–807] Duties on Imports from the People’s Republic of Uncoated Paper from Brazil: Second Supplemental China and Indonesia, dated January 21, 2015 Questions’’, dated February 2, 2015; Letter from the Certain Uncoated Paper From (Petitions). Department to the petitioners entitled ‘‘Petition for Australia, Brazil, the People’s Republic 3 See Petitions. the Imposition of Antidumping Duties on Imports of Certain Uncoated Paper from Indonesia: Second of China, Indonesia, and Portugal: 4 See Volume I of the Petitions, at I–2 and Exhibit I–2. Supplemental Questions’’, dated February 2, 2015; Initiation of Less-Than-Fair-Value and Letter from the Department to the petitioners 5 Id., at I–1–I–2 and Exhibit I–2. entitled ‘‘Petition for the Imposition of Investigations 6 See Letter from the Department to the Antidumping Duties on Imports of Certain petitioners entitled ‘‘Re: Petitions for the Imposition AGENCY: Enforcement and Compliance, Uncoated Paper from the People’s Republic of of Antidumping Duties on Imports of Certain China: PRC: Second Supplemental Questions,’’ International Trade Administration, Uncoated Paper from Australia, Brazil, Indonesia, dated February 2, 2015. the People’s Republic of China, and Portugal, and Department of Commerce. 11 See Letter from the petitioners to the Countervailing Duties on Imports of Certain Department entitled ‘‘Re: Certain Uncoated Paper DATES: Uncoated Paper from Indonesia and the People’s Effective Date: February 18, from Australia, Brazil, Indonesia, the People’s Republic of China: Supplemental Questions’’ dated 2015. Republic of China, and Portugal—Petitioners’ January 26, 2015 (General Issues Supplemental Response to the Department’s February 2, 2015, FOR FURTHER INFORMATION CONTACT : Questionnaire), and country-specific letters from Supplemental Questions—Australia Dumping George McMahon or Eve Wang at (202) the Department to the petitioners concerning Allegation’’ dated February 3, 2015 (Australia 482–1167 or (202) 482–6231 (Australia); supplemental questions on each of the country- Second Supplement); Letter from the petitioners to specific records, dated January 26, 2015. the Department entitled ‘‘Re: Certain Uncoated Julia Hancock or Paul Walker at (202) 7 See Memorandum to the File from Whitney Paper from Australia, Brazil, Indonesia, the People’s 482–1394 or (202) 482–0413 (Brazil); Schalbik, Import Policy Analyst, entitled ‘‘Re: Republic of China, and Portugal—Petitioners’ Christopher Hargett or Stephanie Moore Petitions for the Imposition of Antidumping Duties Response to the Department’s February 2, 2015, at (202) 482–4161 or (202) 482–3692 on Imports of Uncoated Paper from Australia, Supplemental Questions—Brazil Dumping Brazil, the People’s Republic of China, Indonesia, (the People’s Republic of China (PRC)); Allegation’’ dated February 3, 2015 (Brazil Second and Portugal and Countervailing Duties on Imports Supplement); Letter from the petitioners to the Stephen Bailey or Blaine Wiltse at (202) of Uncoated Paper from the People’s Republic of Department entitled ‘‘Re: Certain Uncoated Paper 482–0193 or (202) 482–6345 China and Indonesia; Subject: Phone Call with from Australia, Brazil, Indonesia, the People’s (Indonesia); and Kabir Archuletta at Counsel to the Petitioners’’ dated January 27, 2015. Republic of China, and Portugal—Petitioners’ 8 See Letter from the petitioners to the Response to the Department’s February 2, 2015, (202) 482–2593 (Portugal), AD/CVD Department entitled ‘‘Re: Certain Uncoated Paper Supplemental Questions—Indonesia Dumping Operations, Enforcement and from Australia, Brazil, Indonesia, the People’s Allegation’’ dated February 3, 2015 (Second Compliance, U.S. Department of Republic of China, and Portugal—Petitioners’ Indonesia AD Supplement); and Letter from the Commerce, 14th Street and Constitution Response to the Department’s January 26, 2015 petitioners to the Department entitled ‘‘Re: Certain Supplemental Questions—Portugal Dumping Uncoated Paper from Australia, Brazil, Indonesia, Avenue NW., Washington, DC 20230. Allegation’’ dated January 29, 2015 (Portugal the People’s Republic offo China, and Portugal— SUPPLEMENTARY INFORMATION: Supplement). Petitioners’/Petitioners’ Response to the
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Additionally, on February 3, 2015, the ‘‘Scope of the Investigations,’’ in document must be received successfully Department issued a third request for Appendix I of this notice. in its entirety by the time and date when additional information and clarification it is due. Documents excepted from the Comments on the Scope of the of certain areas of the Petition on electronic submission requirements Investigations Australia.12 The petitioners filed their must be filed manually (i.e., in paper response to the Department’s third During our review of the Petitions, the form) with Enforcement and request on the Petition on Australia on Department issued questions to, and Compliance’s APO/Dockets Unit, Room February 4, 2015.13 received responses from, the petitioners 1870, U.S. Department of Commerce, In accordance with section 732(b) of pertaining to the proposed scope to 14th Street and Constitution Avenue the Tariff Act of 1930, as amended (the ensure that the scope language in the NW., Washington, DC 20230, and Act), the petitioners allege that imports Petitions would be an accurate stamped with the date and time of of uncoated paper from Australia, reflection of the products for which the receipt by the applicable deadlines. Brazil, Indonesia, the PRC, and Portugal domestic industry is seeking relief.15 are being, or are likely to be, sold in the As discussed in the preamble to the Comments on Product Characteristics United States at less than fair value Department’s regulations, we are setting for AD Questionnaires (LTFV) within the meaning of section aside a period for interested parties to The Department requests comments 731 of the Act, and that such imports raise issues regarding product coverage from interested parties regarding the (scope).16 The period for scope are materially injuring, or threatening appropriate physical characteristics of comments is intended to provide the material injury to, an industry in the uncoated paper to be reported in Department with ample opportunity to United States. Also, consistent with response to the Department’s AD consider all comments and to consult section 732(b)(1) of the Act, the questionnaires. This information will be with parties prior to the issuance of the Petitions are accompanied by used to identify the key physical preliminary determination. If scope information reasonably available to the characteristics of the subject comments include factual information petitioners supporting their allegations. merchandise in order to report the (see 19 CFR 351.102(b)(21)), all such The Department finds that the relevant factors and costs of production factual information should be limited to petitioners filed these Petitions on accurately as well as to develop public information. All such comments behalf of the domestic industry because appropriate product-comparison the petitioners are interested parties as must be filed by 5:00 p.m. Eastern criteria. defined in sections 771(9)(C) and (D) of Daylight Time (EDT) on March 2, 2015, the Act. The Department also finds that which is 20 calendar days from the Interested parties may provide any the petitioners demonstrated sufficient signature date of this notice. Any information or comments that they feel industry support with respect to the rebuttal comments, which may include are relevant to the development of an initiation of the AD investigations that factual information, must be filed by accurate list of physical characteristics. the petitioners are requesting.14 5:00 p.m. EDT on March 12, 2015, Specifically, they may provide comments as to which characteristics Periods of Investigation which is 10 calendar days after the initial comments. are appropriate to use as: 1) General Because the Petitions were filed on The Department requests that any product characteristics and 2) product- January 21, 2015, the periods of factual information the parties consider comparison criteria. We note that it is investigation (POI) are, pursuant to 19 relevant to the scope of the not always appropriate to use all CFR 351.204(b)(1), as follows: January 1, investigations be submitted during this product characteristics as product- 2014, through December 31, 2014, for time period. However, if a party comparison criteria. We base product- Australia, Brazil, Indonesia, and subsequently finds that additional comparison criteria on meaningful Portugal; and July 1, 2014, through factual information pertaining to the commercial differences among products. December 31, 2014, for the PRC. scope of the investigations may be In other words, although there may be some physical product characteristics Scope of the Investigations relevant, the party may contact the Department and request permission to utilized by manufacturers to describe The product covered by these submit the additional information. All uncoated paper, it may be that only a investigations is uncoated paper from such comments must be filed on the select few product characteristics take Australia, Brazil, Indonesia, the PRC, records of each of the concurrent AD into account commercially meaningful and Portugal. For a full description of and CVD investigations. physical characteristics. In addition, the scope of these investigations, see the interested parties may comment on the Filing Requirements order in which the physical Department’s February 2, 2015, Supplemental All submissions to the Department characteristics should be used in Department’s Additional Questions—China Dumping Allegation ‘‘Regarding the Petition,’’ must be filed electronically using matching products. Generally, the dated February 3, 2015 (the PRC Second PRC AD Enforcement and Compliance’s Department attempts to list the most Supplement). Antidumping and Countervailing Duty important physical characteristics first 12 See Memorandum to the File from George Centralized Electronic Service System and the least important characteristics McMahon, Case Analyst, Office III, entitled 17,18 ‘‘Petition for the Imposition of Antidumping Duties (ACCESS). An electronically-filed last. on Imports of Certain Uncoated Paper from Australia: Phone Call with Cousel for Petitioners,’’ 15 See General Issues Supplemental access.trade.gov/help/Handbook%20on%20 dated February 3, 2015. Questionnaire; see also General Issues Supplement. Electronic%20Filling%20Procedures.pdf. 13 See Letter from the petitioners to the 16 See Antidumping Duties; Countervailing 18 On November 24, 2014, Enforcement and Department entitled ‘‘Re: Certain Uncoated Paper Duties, 62 FR 27296, 27323 (May 19, 1997). Compliance changed the name of Enforcement and from Australia, Brazil, Indonesia, the People’s 17 See Antidumping and Countervailing Duty Compliance’s AD and CVD Centralized Electronic Republic of China, and Portugal—Petitioners’ Proceedings: Electronic Filing Procedures; Service System (‘‘IA ACCESS’’) to AD and CVD Submission of Revised Information Per the Administrative Protective Order Procedures, 76 FR Centralized Electronic Service System (‘‘ACCESS’’). Department of Commerce’s Request—Australia 39263 (July 6, 2011) for details of the Department’s The Web site location was changed from http:// Dumping Allegation’’ dated February 4, 2015 electronic filing requirements, which went into iaaccess.trade.gov to http://access.trade.gov. The (Australia Third Supplement). effect on August 5, 2011. Information on help using Final Rule changing the references to the 14 See the ‘‘Determination of Industry Support for ACCESS can be found at https://access.trade.gov/ Regulations can be found at 79 FR 69046 the Petitions’’ section below. help.aspx and the handbook can be found at https:// (November 20, 2014).
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In order to consider the suggestions of addition, the Department’s domestic industry.22 Because total interested parties in developing and determination is subject to limitations of industry production data for the issuing the AD questionnaires, all time and information. Although this domestic like product for 2014 are not comments must be filed by 5:00 p.m. may result in different definitions of the reasonably available and the petitioners EDT on March 2, 2015, which is 20 like product, such differences do not have established that shipments are a calendar days from the signature date of render the decision of either agency reasonable proxy for production data,23 this notice. Any rebuttal comments contrary to law.20 we relied upon the shipment data must be filed by 5:00 p.m. EDT on Section 771(10) of the Act defines the provided by the petitioners for purposes March 12, 2015. All comments and domestic like product as ‘‘a product of measuring industry support.24 submissions to the Department must be which is like, or in the absence of like, Based on the data provided in the filed electronically using ACCESS, as most similar in characteristics and uses Petitions, supplemental submissions, explained above, on the records of the with, the article subject to an and other information readily available Australia, Brazil, Indonesia, PRC, and investigation under this title.’’ Thus, the to the Department, we determine that Portugal LTFV investigations. reference point from which the the petitioners have established domestic like product analysis begins is industry support.25 First, the Petitions Determination of Industry Support for established support from domestic the Petitions ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to producers (or workers) accounting for Section 732(b)(1) of the Act requires be investigated, which normally will be more than 50 percent of the total that a petition be filed on behalf of the the scope as defined in the Petitions). shipments 26 of the domestic like domestic industry. Section 732(c)(4)(A) With regard to the domestic like product and, as such, the Department is of the Act provides that a petition meets product, the petitioners do not offer a not required to take further action in this requirement if the domestic definition of the domestic like product order to evaluate industry support (e.g., producers or workers who support the distinct from the scope of the polling).27 Second, the domestic petition account for: (i) At least 25 investigations. Based on our analysis of producers (or workers) met the statutory percent of the total production of the the information submitted on the criteria for industry support under domestic like product; and (ii) more record, we determined that uncoated section 732(c)(4)(A)(i) of the Act than 50 percent of the production of the paper constitutes a single domestic like because the domestic producers (or domestic like product produced by that product and we analyzed industry workers) who support the Petitions portion of the industry expressing support in terms of that domestic like account for at least 25 percent of the support for, or opposition to, the product.21 total shipments of the domestic like petition. Moreover, section 732(c)(4)(D) In determining whether the product.28 Finally, the domestic of the Act provides that, if the petition petitioners have standing under section producers (or workers) met the statutory does not establish support of domestic 732(c)(4)(A) of the Act, we considered criteria for industry support under producers or workers accounting for the industry support data contained in section 732(c)(4)(A)(ii) of the Act more than 50 percent of the total the Petitions with reference to the because the domestic producers (or production of the domestic like product, domestic like product as defined in the workers) who support the Petitions the Department shall: (i) Poll the ‘‘Scope of the Investigations,’’ in account for more than 50 percent of the industry or rely on other information in Appendix I of this notice. To establish shipments of the domestic like product order to determine if there is support for industry support, the petitioners produced by that portion of the industry the petition, as required by provided their shipments of the expressing support for, or opposition to, subparagraph (A); or (ii) determine domestic like product in 2014, and the Petitions.29 Accordingly, the industry support using a statistically compared their shipments to the Department determines that the valid sampling method to poll the estimated total shipments of the Petitions were filed on behalf of the ‘‘industry.’’ domestic like product for the entire domestic industry within the meaning Section 771(4)(A) of the Act defines of section 732(b)(1) of the Act. the ‘‘industry’’ as the producers as a 20 See USEC, Inc. v. United States, 132 F. Supp. The Department finds that the whole of a domestic like product, or 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. petitioners filed the Petitions on behalf those producers whose collective output v. United States, 688 F. Supp. 639, 644 (CIT 1988), of a domestic like product constitutes a aff’d 865 F.2d 240 (Fed. Cir. 1989)). 22 See Volume I of the Petitions, at I–2 through major proportion of the total domestic 21 For a discussion of the domestic like product I–4 and Exhibit I–3; see also General Issues production of the product. Thus, to analysis in this case, see Antidumping Duty Supplement, at 5–8 and Exhibits I–S4 through I–S7. Investigation Initiation Checklist: Uncoated Paper 23 See Volume I of the Petitions, at I–3 and determine whether a petition has the from Australia (Australia AD Initiation Checklist), Exhibit I–4. requisite industry support, the statute at Attachment II, Analysis of Industry Support for 24 For further discussion, see Australia AD directs the Department to look to the Petitions Covering Uncoated Paper from Initiation Checklist, Brazil AD Initiation Checklist, Australia, Brazil, the People’s Republic of China, PRC AD Initiation Checklist, Indonesia AD producers and workers who produce the Indonesia, and Portugal (Attachment II); domestic like product. The International Initiation Checklist, and Portugal AD Initiation Antidumping Duty Investigation Initiation Checklist, at Attachment II. Checklist: Uncoated Paper from Brazil (Brazil AD Trade Commission (ITC), which is 25 Id. Initiation Checklist), at Attachment II; Antidumping responsible for determining whether 26 Duty Investigation Initiation Checklist: Uncoated As mentioned above, the petitioners have ‘‘the domestic industry’’ has been Paper from the People’s Republic of China (PRC AD established that shipments are a reasonable proxy injured, must also determine what Initiation Checklist), at Attachment II; Antidumping for production data. Section 351.203(e)(1) of the constitutes a domestic like product in Duty Investigation Initiation Checklist: Uncoated Department’s regulations states ‘‘production levels may be established by reference to alternative data order to define the industry. While both Paper from Indonesia (Indonesia AD Initiation Checklist), at Attachment II; and Antidumping Duty that the Secretary determines to be indicative of the Department and the ITC must apply Investigation Initiation Checklist: Uncoated Paper production levels.’’ the same statutory definition regarding from Portugal (Portugal AD Initiation Checklist), at 27 See section 732(c)(4)(D) of the Act; see also the domestic like product,19 they do so Attachment II. These checklists are dated Australia AD Initiation Checklist, Brazil AD for different purposes and pursuant to a concurrently with this notice and on file Initiation Checklist, PRC AD Initiation Checklist, electronically via ACCESS. Access to documents Indonesia AD Initiation Checklist, and Portugal AD separate and distinct authority. In filed via ACCESS is also available in the Central Initiation Checklist, at Attachment II. Records Unit, Room 7046 of the main Department 28 Id. 19 See section 771(10) of the Act. of Commerce building. 29 Id.
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of the domestic industry because they unit value (AUV) of imports from For the PRC, the petitioners based EP are interested parties as defined in Australia obtained from ITC Dataweb on the AUV of U.S. imports from the sections 771(9)(C) and (D) of the Act and under Harmonized Tariff Schedule of PRC obtained from ITC Dataweb under they have demonstrated sufficient the United States (HTSUS) subheading, HTSUS subheading 4802.56.7040 for the industry support with respect to the AD 4802.56.1000, for the period of January period of July through November 2014 investigations that they are requesting through November 2014 (the most (the most recently available data for the the Department initiate.30 recent data available for the POI). The POI). The petitioners assert that this petitioners state that all imports of HTSUS subheading most closely Allegations and Evidence of Material uncoated paper from Australia entered corresponds to the product used to Injury and Causation under this HTSUS subheading during calculate NV. The petitioners also based The petitioners allege that the U.S. the POI,34 and that this HTSUS EP on producer-specific prices for a PRC industry producing the domestic like subheading appears to include data for producer of uncoated paper for product is being materially injured, or is imports of uncoated paper most shipments from the PRC under HTSUS threatened with material injury, by comparable to the products used to subheading 4802.56.7040 during the reason of the imports of the subject calculate NV.35 period of July through November 2014. merchandise sold at less than normal For Brazil, the petitioners based EP on The petitioners obtained ship manifest value (NV). In addition, the petitioners a price quote for subject merchandise data from CBP’s AMS, via Datamyne, allege that subject imports exceed the produced in Brazil by a producer of and linked monthly U.S. port-specific negligibility threshold provided for uncoated paper and AUVs of U.S. import statistics (obtained from the U.S. under section 771(24)(A) of the Act.31 imports from Brazil obtained from ITC Census Bureau via Datamyne), for The petitioners contend that the Dataweb under HTSUS subheadings imports of uncoated paper entered industry’s injured condition is 4802.56.1000 and 4802.56.7040 36 for under HTSUS subheading 4802.56.7040 illustrated by reduced market share; the period of January through November to shipments by the PRC producer underselling and price suppression or 2014 (the most recent data available for identified in the ship manifest data. 40 depression; lost sales and revenues; the POI). The petitioners state that these With respect to the PRC, the adverse impact on the domestic HTSUS subheadings most closely petitioners originally provided import industry, including mill closures, correspond to the specific product that statistics and ship manifest data for decline in production, and decline in is the basis for NV.37 The price quote is imports of uncoated paper from the PRC shipments; reduced employment supported by an affidavit from a person and Hong Kong to use as the basis for variables; and adverse impact on that directly received this information.38 calculating EP, alleging that imports financial performance.32 We have For Indonesia, the petitioners based from the PRC are being transshipped assessed the allegations and supporting EP on the AUVs of U.S. imports from through Hong Kong and that imports evidence regarding material injury, Indonesia obtained from ITC Dataweb from Hong Kong are actually imports threat of material injury, and causation, under HTSUS subheadings from the PRC. Because the allegation of and we have determined that these 4802.56.1000 and 4802.56.7040 for the transshipment is more appropriately allegations are properly supported by period of January through November dealt with in the course of the adequate evidence and meet the 2014 (the most recent data available for investigation, we have relied on the statutory requirements for initiation.33 the POI). The petitioners state that these AUV of imports of uncoated paper from HTSUS subheadings cover uncoated the PRC and the producer-specific Allegations of Sales at LTFV paper most comparable to the products prices for the PRC producer’s shipments The following is a description of the used to calculate NV. The petitioners that are clearly designated as originating allegations of sales at LTFV upon which also based EP on transaction-specific from the PRC in both the official import the Department based its decision to prices. To do so, the petitioners statistics and the ship manifest data for initiate investigations of imports of obtained ship manifest data from the purposes of the initiation.41 uncoated paper from Australia, Brazil, U.S. Customs and Border Protection’s For Portugal, the petitioners based EP Indonesia, the PRC, and Portugal. The (CBP) Automated Manifest System on the AUVs of U.S. imports from sources of data for the deductions and (AMS), compiled by Stewart Trade Data Portugal obtained from ITC Dataweb adjustments relating to U.S. price and Services, Inc., and directly linked under HTSUS subheadings NV are discussed in greater detail in the monthly U.S. port-specific import 4802.56.4000 and 4802.56.7040 42 for country-specific initiation checklists. statistics by HTSUS subheading the period January through November (obtained via Department of Commerce, 2014 (the most recent data available for Export Price Foreign Trade Division Merchandise the POI). The petitioners state that these For Australia, the petitioners based Imports and Stewart Trade Data HTSUS subheadings cover uncoated U.S. export price (EP) on the average Services, Inc.) for imports of uncoated paper most comparable to the products paper to shipments by the Indonesian used to calculate NV.43 30 Id. producer(s) identified in the ship For each country’s respective AUV, 31 See Volume I of the Petitions, at I–23, I–24 and manifest data.39 price quote, and/or transaction-specific Exhibit I–12; see also General Issues Supplement, at 11 and Exhibit I–S11. price, that forms the basis of EP, the 34 32 See Volume I of the Petitions, at I–22 through The petitioners stated and the Department I–43 and Exhibits I–3 and I–10 through I–26; see confirmed that U.S. import data from were available 40 See PRC AD Initiation Checklist. also General Issues Supplement, at 1, 8–11 and through November 2014 at the time of the petition 41 See id. filing. Accordingly, the U.S. import data covers the Exhibits I–S1 and I–S8 through I–S13. 42 The petitioners also calculated an AUV using period January 2014—November 2014. See Volume 33 See Australia AD Initiation Checklist, Brazil export data from Portugal. Because the AUVs II of the Petition at II–19 and Exhibit II–42; see also AD Initiation Checklist, PRC AD Initiation calculated from U.S. import data are available and Australia AD Supplement, at II–SQ–7. Checklist, Indonesia AD Initiation Checklist, and the petitioners did not claim the U.S. import data 35 See Australia AD Initiation Checklist for further Portugal AD Initiation Checklist, at Attachment III, are unreliable, we have relied on the AUVs the information on this U.S. price calculation. Analysis of Allegations and Evidence of Material petitioners calculated using U.S. import data, in 36 Injury and Causation for the Antidumping and See Brazil AD Initiation Checklist. accordance with our normal practice with respect Countervailing Duty Petitions Covering Certain 37 See id. to calculating AUVs. See Portugal AD Initiation Uncoated Paper from Australia, Brazil, the People’s 38 See id. Checklist. See Portugal AD Initiation Checklist. Republic of China, Indonesia, and Portugal. 39 See Indonesia AD Initiation Checklist. 43 See Portugal AD Initiation Checklist.
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petitioners, based on the stated terms of For the PRC, the petitioners October 2014.56 The petitioners delivery, deducted from these prices the calculated NV using the NME excluded all import values from all adjustments, charges, and expenses methodology prescribed by the countries previously determined by the associated with exporting and applicable statute and regulations. The Department to maintain broadly delivering the product to the U.S. petitioners provided the FOPs used in available, non-industry-specific export customer, where appropriate.44 the manufacture of uncoated paper and subsidies, from countries previously valued FOPs based on a market determined by the Department to be Normal Value economy country selected as a NME countries, and from unspecified For Australia, Brazil, Indonesia, and surrogate.50 partner countries.57 Portugal, the petitioners based NV on The petitioners identified South Valuation of Labor price quotes or price information from Africa as a country that is economically The petitioners calculated the labor producer(s) and/or distributors/resellers comparable to the PRC, based on per- 45 46 expense rate using 2012 data for South of uncoated paper. For each country, capita GNI data.51 The petitioners Africa from the International Labor the petitioners provided an affidavit or contend that South Africa is the Organization (ILO).58 The petitioners declaration from a market researcher for appropriate surrogate country for the adjusted this rate for inflation using the the price quotes or price information PRC because it is at a level of economic consumer price index for South Africa that specified the price and quantity, development comparable to that of the published by the International Monetary terms of delivery, and terms of NME country, and is a significant 47 Fund and converted the rate to U.S. payment. Additionally, the petitioners producer of comparable merchandise, made deductions for adjustments, dollars using the POI average exchange i.e., uncoated paper. The petitioners rate.59 charges, and movement expenses further state that the South African data consistent with the terms of delivery, for valuing the FOPs for uncoated paper Valuation of Energy and Water where applicable.48 52 are available and reliable. Based on The petitioners valued electricity With respect to the PRC, the the information provided by the using rates published by Eskom, a South petitioners state that the Department has petitioners, we believe it is appropriate African electricity generator, effective a long-standing policy of treating the to use South Africa as a surrogate April 2014 to March 2015.60 The PRC as a non-market economy (NME) country for initiation purposes. petitioners valued natural gas using the 49 country for antidumping purposes. In Interested parties will have the prices charged for piped natural gas by accordance with section 771(18)(C)(i) of opportunity to submit comments Sasol Gas Limited, reported by the the Act, the presumption of NME status regarding surrogate-country selection Energy Regulator of South Africa, for the remains in effect until revoked by the and will be provided an opportunity to period April 2012 through March Department. The Department has not submit publicly available information to 2013.61 The petitioners converted revoked the PRC’s NME status as of the value FOPs no later than 30 days before natural gas values from cost per date of these Petitions. Moreover, no the scheduled date of the preliminary kiloJoule to cost per million British recent changes to the PRC’s economy determination.53 thermal units, adjusted for inflation require reconsideration of its NME Factors of Production using the South African producer price status. Accordingly, the NV of the index, and converted to U.S. dollars product is appropriately based on Because the petitioners do not have using POI average exchange rates.62 The factors of production (FOPs), valued in access to actual FOPs for any PRC petitioners valued hog fuel and fuel oil a surrogate market-economy country in manufacturers, the petitioners based #2 from South African import accordance with section 773(c) of the consumption rates, including direct statistics.63 The petitioners valued water Act. In the course of the investigation materials, labor, energy, and packing, using water rates reported by Rand covering merchandise from the PRC, all for the production of merchandise Water, a water service provider in South parties, including the public, will have under consideration on the experience Africa, for the period July 2010 through the opportunity to provide relevant of a U.S. producer.54 The petitioners June 2011, adjusted for inflation and information related to the issues of the valued the FOPs using surrogate value converted to U.S. dollars.64 PRC’s NME status and the granting of information from South Africa.55 separate rates to individual exporters. Valuation of Factory Overhead, Selling, Valuation of Raw Materials General and Administrative Expenses, and Profit 44 For further information on the U.S. price The petitioners valued the direct calculation, see Australia AD Initiation Checklist, The petitioners calculated surrogate Brazil AD Initiation Checklist, Indonesia AD material FOPs using publicly available South African import data obtained financial ratios (i.e., factory overhead Initiation Checklist, PRC AD Initiation Checklist, expenses, selling, general, and and Portugal AD Initiation Checklist. from Global Trade Atlas (GTA) in U.S. 45 administrative expenses (SG&A), and See Australia AD Initiation Checklist; Brazil dollars for the period May 2014 through AD Initiation Checklist; Indonesia AD Initiation profit) based on the 2013 financial Checklist; and Portugal AD Initiation Checklist. statements of Mondi Ltd (Mondi), a 46 The petitioners submitted several other 50 See Volume VII of the Petition, at Exhibits 18– methods as potential options to calculate NV but 20, and 22—23. 56 See Volume VII of the Petition, at 14 and because we are using the aforementioned prices as 51 See Volume VII of the Petition, at 7, citing Memorandum to Minoo Hatton, ‘‘Request for a list Exhibit VII–20. the basis for NV, in accordance with our standard 57 methodology, the Department is not using the other of Surrogate Countries for a New Shipper Review Id. 58 NV calculation methods provided by the petitioners of the Antidumping Duty Order on Small Diameter See PRC Supplement, at 2 and Exhibit VII–S4. for purposes of determining antidumping duty Graphite Electrodes from the People’s Republic of 59 Id., at 7 and Exhibit II–11; see also PRC AD margins for purposes of initiation. See Australia AD China’’ (September 30, 2014). Supplement, at 5, item 9, and Exhibits II–S7 and II– Initiation Checklist; Brazil AD Initiation Checklist; 52 See Volume VII of the Petition, at VII–7 through S8. Indonesia AD Initiation Checklist; and Portugal AD VII–9. 60 See Volume VII of the Petitions, at 15 and Initiation Checklist. 53 See 19 CFR 351.301(c)(3)(i). Exhibit VII–23. 47 Id. 54 See Volume VII of the Petition, at 13 and 61 Id. 48 Id. Exhibit VII–18; PRC AD Supplement, at Exhibit 62 Id. 49 See Volume VII of the Petitions, at VII–6, VII– VII–S5. 63 Id. 7. 55 See Volume VII of the Petition, at 14–16. 64 Id.
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South African producer of identical Indonesia were made at below-cost 773(b)(2)(A)(i) of the Act.74 merchandise. prices. Accordingly, the Department is initiating a country-wide cost Cost of Production Valuation of Packing Inputs investigation relating to sales of The petitioners valued packing Pursuant to section 773(b)(3) of the uncoated paper in Australia, Brazil, and materials using publicly available South Act, COP consists of the cost of Indonesia, respectively. African import data obtained from GTA. manufacturing (COM); selling, general, Normal Value Based on Constructed The petitioners valued labor associated and administrative (SG&A) expenses; Value with packing using information financial expenses; and packing For Australia, because they alleged published by the ILO.65 expenses. sales below cost, pursuant to sections Sales-Below-Cost Allegation For Australia, the petitioners 773(a)(4), 773(b) and 773(e) of the Act, calculated COM (except for the petitioners also calculated NV based The petitioners also provided depreciation) based on the experience of on constructed value (CV). The information demonstrating reasonable a U.S. producer adjusted for known petitioners calculated CV using the grounds to believe or suspect that sales differences between the United States same average COM, SG&A, financial of uncoated paper in the Australian, and Australia, during the proposed POI. expense, and packing figures used to Brazilian, and Indonesian markets were The petitioners multiplied the U.S. compute the COP. The petitioners relied made at prices below the cost of producer’s usage quantities by publicly- on the same financial statements used as production (COP) within the meaning of available data to value the inputs used the basis for the depreciation and SG&A section 773(b) of the Act and requested to manufacture uncoated paper in expense rates to calculate the profit rate. that the Department conduct a country- Australia. To determine the However, because these financial wide sales-below-cost investigation of depreciation, SG&A, and financial statements did not report a profit, the uncoated paper imports from Australia, expense rates, the petitioners relied on petitioners conservatively did not Brazil, and Indonesia.66 financial statements of a producer of include a profit rate.75 71 With respect to sales-below-cost uncoated paper in Australia. For Brazil, because they alleged sales allegations in the context of For Brazil, the petitioners calculated below cost, pursuant to sections investigations, the Statement of COM (except for depreciation) based on 773(a)(4), 773(b) and 773(e) of the Act, Administrative Action (SAA) the experience of a U.S. producer the petitioners also calculated NV based accompanying the Uruguay Round adjusted for known differences between on CV. The petitioners calculated CV Agreements Act states that an allegation the United States and Brazil, during the using the same average COM, SG&A, of sales below COP need not be specific proposed POI. The petitioners financial expense, and packing figures to individual exporters or producers.67 multiplied the U.S. producer’s usage used to compute the COP. The petitioners relied on the same financial The SAA states further that ‘‘Commerce quantities by publicly-available data to statements used as the basis for the will consider allegations of below-cost value the inputs used to manufacture depreciation and SG&A expense rates to sales in the aggregate for a foreign uncoated paper in Brazil. To determine calculate the profit rate. However, country . . . on a country-wide basis for the depreciation, SG&A, and financial because these financial statements did purposes of initiating an antidumping expense rates, the petitioners relied on not report a profit, the petitioners investigation.’’ 68 Consequently, the financial statements of a producer of conservatively did not include a profit Department intends to consider the uncoated paper in Brazil.72 rate.76 petitioners’ allegations on a country- For Indonesia, the petitioners For Indonesia, because they alleged wide basis for each respective country calculated COM based on the sales below cost, pursuant to sections for purposes of this initiation. experience of a U.S. producer adjusted 773(a)(4), 773(b) and 773(e) of the Act, Finally, the SAA provides that section for known differences between the the petitioners also calculated NV based 773(b)(2)(A) of the Act retains the United States and Indonesia during the on CV. The petitioners calculated CV requirement that the Department have proposed POI. The petitioners using the same average COM, SG&A, ‘‘reasonable grounds to believe or multiplied the U.S. producer’s usage financial expense, and packing figures suspect that below-cost sales have quantities by publicly-available data to used to compute the COP. The occurred before initiating such an value the inputs used to manufacture petitioners relied on the same financial investigation.’’ 69 ‘‘ ‘Reasonable grounds’ uncoated paper in Indonesia. To statements used as the basis for the will exist when an interested party determine the depreciation, SG&A, and depreciation and SG&A expense rates to provides specific factual information on financial expense rates, the petitioners calculate the profit rate.77 relied on financial statements of a costs and prices, observed or Fair Value Comparisons constructed, indicating that sales in the producer of uncoated paper in foreign market in question are at below- Indonesia.73 Based on the data provided by the cost prices.’’ 70 As explained in the Based upon a comparison of the ex- petitioners, there is reason to believe ‘‘Cost of Production’’ section below, we factory price of the foreign like product that imports of uncoated paper from find reasonable grounds exist that in the home market to the COP of the Australia, Brazil, Indonesia, the PRC, indicate sales in Australia, Brazil, and product for Australia, Brazil, and and Portugal are being, or are likely to Indonesia, respectively, we find be, sold in the United States at less than 65 See Volume VII at of the Petitions, at 14 and reasonable grounds to believe or suspect fair value. Based on comparisons of EP Exhibits VII–19, VII–20 and VII–22. that sales of the foreign like product in to NV (based on home market price and 66 See Australia AD Initiation Checklist; Brazil the home market were made below the AD Initiation Checklist; and Indonesia AD Initiation 74 See Australia AD Initiation Checklist; Brazil Checklist. COP, within the meaning of section AD Initiation Checklist; and Indonesia AD Initiation 67 See SAA, H.R. Doc. No. 103–316, at 833 (1994). Checklist. 68 Id. 71 See Australia AD Initiation Checklist. 75 See Australia AD Initiation Checklist. 69 Id. 72 See Brazil AD Initiation Checklist. 76 See Brazil AD Initiation Checklist. 70 Id. 73 See Indonesia AD Initiation Checklist. 77 See Indonesia AD Initiation Checklist.
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constructed value) in accordance with of publication of this Federal Register questionnaire must be submitted by all section 773(a) of the Act, the estimated notice. the PRC exporters/producers no later dumping margin(s) for uncoated paper Although the Department normally than February 24, 2015, which is two from: 1) Australia range from 49.90 relies on import data from CBP to select weeks from the signature date of this percent to 222.46 percent; 78 2) Brazil a limited number of producers/exporters notice. All quantity-and-value range from 86.90 percent to 172.07 for individual examination in AD questionnaires must be filed percent; 79 3) Indonesia range from investigations, the Petitions identified electronically via ACCESS. 12.08 to 66.82 percent; 80 and 4) only one company as a producer/ Portugal range from 2.23 to 22.59 exporter of uncoated paper in Australia: Separate Rates percent.81 Based on comparisons of EP Paper Australia Pty. Ltd.; two In order to obtain separate-rate status to NV, in accordance with section 773(c) companies as producers/exporters of in an NME investigation, exporters and of the Act, the estimated dumping uncoated paper in Brazil: International producers must submit a separate-rate margins for uncoated paper from the Paper and Suzano Papel e Celulose S.A.; application.88 The specific requirements PRC range from 243.65 to 271.87 and one company as a producer/ for submitting a separate-rate percent.82 exporter of uncoated paper in Portugal: application in the PRC investigation are Portucel/Soporcel.85 In addition, the outlined in detail in the application Initiation of LTFV Investigations petitioners provided information from itself, which is available on the Based upon the examination of the independent third party sources as Department’s Web site at http:// AD Petitions on uncoated paper from support for identifying those producers/ enforcement.trade.gov/nme/nme-sep- Australia, Brazil, Indonesia, the PRC, exporters from Australia, Brazil, and rate.html. The separate-rate application and Portugal, we find that the Petitions Portugal.86 Furthermore, we currently will be due 30 days after publication of meet the requirements of section 732 of know of no additional producers/ this initiation notice.89 For exporters the Act. Therefore, we are initiating AD exporters of merchandise under and producers who submit a separate- investigations to determine whether consideration from these countries. rate application and have been selected imports of uncoated paper from Accordingly, the Department intends to as mandatory respondents, these Australia, Brazil, Indonesia, the PRC, examine all known producers/exporters exporters and producers will only be and Portugal are being, or are likely to in the investigations for Australia, eligible for consideration for separate- be, sold in the United States at LTFV. Brazil, and Portugal (i.e., the companies rate status when they respond to all In accordance with section 733(b)(1)(A) cited above for each respective parts of the questionnaire as mandatory of the Act and 19 CFR 351.205(b)(1), investigation). We invite interested respondents. The Department requires unless postponed, we will make our parties to comment on this issue. Parties that respondents from the PRC submit a preliminary determinations no later wishing to comment must do so within response to both the quantity-and-value than 140 days after the date of this five days of the publication of this questionnaire and the separate-rate initiation. notice in the Federal Register. application by their respective Respondent Selection Comments must be filed electronically deadlines in order to receive using ACCESS. An electronically-filed consideration for separate-rate status. The petitioners named six companies document must be received successfully as producers/exporters of uncoated in its entirety by the Department’s Use of Combination Rates 83 paper from Indonesia. Following electronic records system, ACCESS, by The Department will calculate standard practice in AD investigations 5 p.m. EST by the date noted above. combination rates for certain involving market-economy countries, With respect to the PRC, the respondents that are eligible for a the Department will, where appropriate, petitioners identified eight potential separate rate in an NME investigation. select respondents based on CBP data respondents.87 In accordance with our Policy Bulletin 05.1 states: for U.S. imports of uncoated paper standard practice for respondent {w}hile continuing the practice of under HTSUS numbers: 4802.56.1000, selection in cases involving NME 4802.56.2000, 4802.56.3000, assigning separate rates only to exporters, all countries, we intend to issue quantity- separate rates that the Department will now 4802.56.4000, 4802.56.6000, and-value questionnaires to each assign in its NME Investigation will be 4802.56.7020, 4802.56.7040, potential respondent and base specific to those producers that supplied the 4802.57.1000, 4802.57.2000, respondent selection on the responses exporter during the period of investigation. 4802.57.3000, and 4802.57.4000. For received. In addition, the Department Note, however, that one rate is calculated for Indonesia, we intend to release CBP will post the quantity-and-value the exporter and all of the producers which data under Administrative Protective questionnaire along with filing supplied subject merchandise to it during the Order (APO) to all parties with access to instructions on the Enforcement and period of investigation. This practice applies information protected by APO within both to mandatory respondents receiving an Compliance Web site at http:// individually calculated separate rate as well five-business days of publication of this www.trade.gov/enforecement/news.asp. Federal Register notice.84 The as the pool of non-investigated firms Exporters/producers of uncoated receiving the weighted-average of the Department invites comments regarding paper from the PRC that do not receive individually calculated rates. This practice is respondent selection within seven days quantity-and-value questionnaires by referred to as the application of ‘‘combination mail may still submit a quantity-and- 78 See Australia AD Initiation Checklist. value response and can obtain a copy 88 See Policy Bulletin 05.1: Separate-Rates 79 See Brazil AD Initiation Checklist. Practice and Application of Combination Rates in 80 from the Enforcement and Compliance See Indonesia AD Initiation Checklist. Web site. The quantity-and-value Antidumping Investigation involving Non-Market 81 See Portugal AD Initiation Checklist. Economy Countries (April 5, 2005), available at 82 See PRC AD Initiation Checklist. http://enforcement.trade.gov/policy/bull05-1.pdf 83 See Volume I of the Petitions, at Exhibit I–7. 85 See Volume I of the Petitions, at Exhibit I–7. (Policy Bulletin 05.1). 84 See Certain Steel Nails From India, the 86 See Volume II of the Petitions, at II–1–II–2 at 89 Although in past investigations this deadline Republic of Korea, Malaysia, the Sultanate of footnote 1, and Exhibit II–3; Volume V of the was 60 days, consistent with section 351.301(a) of Oman, Taiwan, the Republic of Turkey, and the Petitions, at V–1 through V–2 and Exhibit V–1; the Department’s regulations, which states that ‘‘the Socialist Republic of Vietnam: Initiation of Less- Volume VI of the Petitions, at Exhibits VI–1 and VI– Secretary may request any person to submit factual Than-Fair-Value Investigations, 79 FR 36019, 36024 2. information at any time during a proceeding,’’ this (June 25, 2014). 87 See Volume I of the Petitions, at Exhibit I–7. deadline is now 30 days.
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rates’’ because such rates apply to specific investigations will proceed according to request will be considered untimely if it combinations of exporters and one or more statutory and regulatory time limits. is filed after the time limit established producers. The cash-deposit rate assigned to Submission of Factual Information under Part 351 expires. For submissions an exporter will apply only to merchandise which are due from multiple parties both exported by the firm in question and On April 10, 2013, the Department simultaneously, an extension request produced by a firm that supplied the exporter published Definition of Factual during the period of investigation. will be considered untimely if it is filed Information and Time Limits for after 10:00 a.m. on the due date. * * * * * Submission of Factual Information, 78 This practice is necessary to prevent the Examples include but are not limited to: FR 21246 (April 10, 2013), which (1) Case and rebuttal briefs, filed avoidance of payment of antidumping duties modified two regulations related to AD by firms shifting exports through exporters pursuant to 19 CFR 351.309; (2) factual and CVD proceedings: The definition of with the lowest assigned cash-deposit rates. information to value factors under factual information (19 CFR The Department’s previous practice of section 19 CFR 351.408(c) or to measure 351.102(b)(21)), and the time limits for accounting for changes in producers during the adequacy of remuneration under the submission of factual information administrative reviews is not sufficient to section 19 CFR 351.511(a)(2) filed prevent these activities, because in many (19 CFR 351.301). The final rule industries, producer can appear and identifies five categories of factual pursuant to 19 CFR 351.301(c)(3) and disappear frequently prior to the information in 19 CFR 351.102(b)(21), rebuttal, clarification and correction administrative review. Only by limiting the which are summarized as follows: (i) filed pursuant to 19 CFR application of the separate rate to specific Evidence submitted in response to 351.301(c)(3)(iv); (3) comments combinations of exporters and one or more questionnaires; (ii) evidence submitted concerning the selection of a surrogate producers can the Department prevent the in support of allegations; (iii) publicly country and surrogate values and ‘‘funneling’’ of subject merchandise through rebuttal; (4) comments concerning CBP the exporters with the lowest rates.90 available information to value factors under 19 CFR 351.408(c) or to measure data; and (5) quantity-and-value Therefore, for the Department to grant the adequacy of remuneration under 19 questionnaires. Under certain separate-rate status, the identity of all CFR 351.511(a)(2); (iv) evidence placed circumstances, the Department may producers supplying a particular on the record by the Department; and (v) elect to specify a different time limit by exporter eligible for a separate rate must evidence other than factual information which extension requests will be be public information to ensure that described in (i)–(iv). The final rule considered untimely for submissions CBP can apply the rate to the proper requires any party, when submitting which are due from multiple parties combination of exporter(s) and factual information, to specify under simultaneously. In such a case, the producer(s) eligible for a particular rate. which subsection of 19 CFR Department will inform parties in the Distribution of Copies of the Petitions 351.102(b)(21) the information is being letter or memorandum setting forth the submitted and, if the information is deadline (including a specified time) by In accordance with section submitted to rebut, clarify, or correct which extension requests must be filed 732(b)(3)(A) of the Act and 19 CFR factual information already on the to be considered timely. This 351.202(f), copies of the public version record, to provide an explanation modification also requires that an of the Petitions have been provided to identifying the information already on extension request must be made in a the governments of Australia, Brazil, the record that the factual information separate, stand-alone submission, and Indonesia, the PRC, and Portugal via seeks to rebut, clarify, or correct. The clarifies the circumstances under which ACCESS. To the extent practicable, we final rule also modified 19 CFR 351.301 the Department will grant untimely filed will attempt to provide a copy of the so that, rather than providing general requests for the extension of time limits. public version of the Petitions to each time limits, there are specific time limits These modifications are effective for all exporter named in the Petitions, as based on the type of factual information segments initiated on or after October provided under 19 CFR 351.203(c)(2). being submitted. These modifications 21, 2013, and thus are applicable to ITC Notification are effective for all proceeding segments these investigations. Review Extension initiated on or after May 10, 2013, and of Time Limits, available at http:// We have notified the ITC of our thus are applicable to these www.gpo.gov/fdsys/pkg/FR-2013-09-20/ initiation, as required by section 732(d) investigations. Review the final rule, html/2013-22853.htm, prior to of the Act. available at http:// submitting factual information in these Preliminary Determinations by the ITC enforcement.trade.gov/frn/2013/ investigations. 1304frn/2013-08227.txt, prior to The ITC will preliminarily determine, submitting factual information in these Certification Requirements within 45 days after the date on which investigations. Any party submitting factual the Petitions were filed, whether there information in an AD or CVD is a reasonable indication that imports Revised Extension of Time Limits proceeding must certify to the accuracy of uncoated paper from Australia, Regulation and completeness of that information.94 Brazil, Indonesia, the PRC, and/or On September 20, 2013, the Parties are hereby reminded that revised Portugal are materially injuring or Department modified its regulation certification requirements are in effect threatening material injury to a U.S. concerning the extension of time limits for company/government officials, as industry.91 A negative ITC for submissions in AD and CVD well as their representatives. determination for any country will proceedings.93 The modification Investigations initiated on the basis of result in the investigation being clarifies that parties may request an terminated with respect to that extension of time limits before a time petitions filed on or after August 16, country; 92 otherwise, these limit established under 19 CFR 351 2013, and other segments of any AD or expires, or as otherwise specified by the CVD proceedings initiated on or after August 16, 2013, should use the formats 90 See Policy Bulletin 05.1 at 6–7 (emphasis Secretary. In general, an extension added). for the revised certifications provided at 91 See section 733(a) of the Act. 93 See Extension of Time Limits, 78 FR 57790 92 Id. (September 20, 2013). 94 See section 782(b) of the Act.
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the end of the Final Rule.95 The printed text or graphics and (2) lined paper nuclear reactors and decommissioning Department intends to reject factual products, typically school supplies, some of its commercial reactor fleet. submissions if the submitting party does composed of paper that incorporates straight U.S. firms will also network with not comply with the applicable revised horizontal and/or vertical lines that would Japanese firms and identify potential make the paper unsuitable for copying or certification requirements. printing purposes. business partners. ITA hopes that this cooperation Notification to Interested Parties Imports of the subject merchandise are provided for under Harmonized Tariff between the U.S. and Japanese private Interested parties must submit Schedule of the United States (HTSUS) sectors will lead to solutions that will applications for disclosure under APO categories 4802.56.1000, 4802.56.2000, enhance Fukushima recovery efforts. in accordance with 19 CFR 351.305. On 4802.56.3000, 4802.56.4000, 4802.56.6000, ITA is seeking the participation of a January 22, 2008, the Department 4802.56.7020, 4802.56.7040, 4802.57.1000, maximum of 25 U.S. companies or published Antidumping and 4802.57.2000, 4802.57.3000, and representatives of trade organizations Countervailing Duty Proceedings: 4802.57.4000. Some imports of subject that produce technology or provide Documents Submission Procedures; merchandise may also be classified under services in the decommissioning or APO Procedures, 73 FR 3627 (January 4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.5000, 4802.62.6020, 4802.62.6040, remediation sector, including water 22, 2008). Parties wishing to participate 4802.69.1000, 4802.69.2000, 4802.69.3000, treatment and waste management. Staff in these investigations should ensure 4811.90.8050 and 4811.90.9080. While from the U.S. Department of that they meet the requirements of these HTSUS subheadings are provided for Commerce’s Global Markets, Industry & procedures (e.g., the filing of letters of convenience and customs purposes, the Analysis (I&A), and U.S. & Foreign appearance as discussed in 19 CFR written description of the scope of the Commercial Service (CS) units will also 351.103(d)). investigations is dispositive. be available in Tokyo to provide export This notice is issued and published [FR Doc. 2015–03338 Filed 2–17–15; 8:45 am] counseling and civil nuclear trade pursuant to section 777(i) of the Act and BILLING CODE 3510–DS–P policy guidance to participating 19 CFR 351.203(c). companies. Dated: February 10, 2015. Support for the Fukushima Recovery Paul Piquado, DEPARTMENT OF COMMERCE Forum was confirmed at meetings of the U.S-Japan Bilateral Commission on Civil Assistant Secretary for Enforcement and International Trade Administration Compliance. Nuclear Cooperation. The Bilateral Commission is a senior-level, forum for Second Japan-U.S. Decommissioning Appendix I consultations on mutual issues of and Remediation Fukushima Recovery concern to further strengthen bilateral Scope of the Investigations Forum, Tokyo, Japan April 9–10, 2015 The merchandise covered by these cooperation and advance shared investigations includes uncoated paper in AGENCY: International Trade interests in the area of civil nuclear sheet form; weighing at least 40 grams per Administration, Department of cooperation. The Bilateral Commission square meter but not more than 150 grams Commerce. is chaired by the Department of Energy per square meter; that either is a white paper ACTION: Notice. and Japan’s Ministry of Economy, with a GE brightness level 1 of 85 or higher Trade, and Industry (METI). or is a colored paper; whether or not surface- The Decommissioning and decorated, printed (except as described Event Description below), embossed, perforated, or punched; Environmental Management Working The U.S. Department of Commerce’s Group (DEMWG) under the Bilateral irrespective of the smoothness of the surface; International Trade Administration and irrespective of dimensions (Certain Commission addresses the long-term Uncoated Paper). (ITA), with the support of the U.S. consequences of the Fukushima Certain Uncoated Paper includes (a) Department of Energy, is organizing the accident, including facility uncoated free sheet paper that meets this second Japan-United States decommissioning, spent fuel storage, scope definition; (b) uncoated ground wood Decommissioning and Remediation decontamination, and remediation of paper produced from bleached chemi- Fukushima Recovery Forum contaminated areas. The Fukushima thermo-mechanical pulp (BCTMP) that meets (‘‘Fukushima Recovery Forum’’) on Recovery Forum is under the auspices this scope definition; and (c) any other April 9–10, 2015 in Tokyo, Japan. uncoated paper that meets this scope of the DEMWG to further industry definition regardless of the type of pulp used Building on the first Fukushima cooperation in support of Fukushima to produce the paper. Recovery Forum held in February 2014, recovery efforts. Specifically excluded from the scope are the 2nd Fukushima Recovery Forum (1) paper printed with final content of will continue to develop U.S.-Japanese Event Goals cooperation on Fukushima recovery The Fukushima Recovery Forum is an 95 See Certification of Factual Information to efforts. The event will allow U.S. firms event to bring together U.S. and Import Administration during Antidumping and to hear from Japanese Ministries, Japanese private sector firms in the Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked utilities, and commissioning entities on remediation, decommissioning, and questions regarding the Final Rule, available at the status of Fukushima recovery. It will waste management industries to http://enforcement.trade.gov/tlei/notices/factual_ be a forum for U.S. and Japanese firms _ _ _ _ develop relationships that will assist info final rule FAQ 07172013.pdf. to make contacts while sharing with the recovery of the Fukushima 1 One of the key measurements of any grade of paper is brightness. Generally speaking, the brighter experiences, expertise, and lessons region. The Forum is intended to create the paper the better the contrast between the paper learned in remediation and better market opportunities for U.S. and the ink. Brightness is measured using a GE decommissioning, including work companies. It will do this by: Reflectance Scale, which measures the reflection of underway at Fukushima Dai-ichi • light off a grade of paper. One is the lowest Allowing U.S. firms to meet key reflection, or what would be given to a totally black Nuclear Power Station, and in Tohoku, Japanese officials involved in the grade, and 100 is the brightest measured grade. the area affected by the accident at planning of decommissioning, ‘‘Colored paper’’ as used in this scope definition Fukushima. The event also addresses remediation, and other work related to means a paper with a hue other than white that interest in cooperation in areas related Fukushima Recovery. reflects one of the primary colors of magenta, • yellow, and cyan (red, yellow, and blue) or a to nuclear power as Japan moves Creating a venue where U.S. and combination of such primary colors. forward with its plan for restarting its Japanese firms can share experiences,
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expertise, and lessons learned in solutions from U.S. firms that would on the status of the situation at the remediation and decommissioning, assist Japan with its recovery process. In Fukushima Dai-ichi Nuclear Power including on work already completed at February 2014, ITA organized the first Station and surrounding area. Fukushima Dai-ichi, and in Tohoku. Japan-U.S. Decommissioning and Participate in networking activities • Giving U.S. and Japanese firms an Remediation Fukushima Recovery coordinated by ITA staff. opportunity to discuss key technical Forum in Tokyo. This two day event Event updates related to the challenges related to Fukushima clean- brought together 51 representatives from Fukushima Recovery Forum can be up and nuclear decommissioning. 26 U.S. firms and 101 representatives found at: http://export.gov/japan/ • Fostering collaboration between the from 46 Japanese firms to discuss fukushima/forum/. U.S. and Japanese private sector to solve potential partnerships to help with other challenges related to remediation Fukushima recovery. Participation Requirements and decommissioning. Participating firms will: • All parties interested in participating Providing an opportunity for • Receive a briefing on the status of companies from both the United States in the Fukushima Recovery Forum must Fukushima Dai-ichi decommissioning submit an application package for and Japan to network, build and decontamination work from relationships and identify partners for consideration by the U.S. Department of relevant officials from the Japanese Commerce. All applicants will be current projects and potential joint Government and industry. future work. • evaluated based on their ability to meet Participate in panel or breakout certain conditions and best satisfy the Event Scenario discussions focusing on selection criteria as outlined below. A decontamination, remediation and On March 11, 2011, an earthquake maximum of 25 companies will be and tsunami hit Japan and led to a series waste management. Firms with selected to participate in the Forum of events at the Fukushima Dai-ichi appropriate experience or technologies from the applicant pool. U.S. companies Nuclear Power Station in which several will be asked to present during these already doing business in Japan as well discussions. units and their adjacent spent fuel pools • as U.S. companies seeking to enter to experienced beyond-design-basis Exchange views on viable solutions the Japanese market for the first time accidents. The four reactors at the site to the challenges on Fukushima may apply. recovery with counterparts from the (Units 1–4) that received the brunt of Fees and Expenses: Japanese private sector; the damage (of the six reactors at the • After a company has been selected to site) also have integral spent fuel pools Participate in one-on-one networking sessions with interested participate in the Forum, a participation containing significant amounts of spent fee is required. The participation fee is nuclear fuel, which were also damaged Japanese firms; • Attend a networking reception with $930 for large firms and $665 for small by the disaster and the subsequent or medium-sized firms.1 The fee for explosions. Japan faces an senior leaders from Japan’s Government and industry hosted by a senior U.S. each additional company representative unprecedented cleanup and is $500. As space permits, up to four decontamination challenge that will Government representative from the U.S. Embassy in Tokyo; additional representatives can be take many years to resolve as it strives • accommodated per company. Fees will to decommission Fukushima Dai-ichi Take advantage of the Commercial Service in Tokyo’s business advisory cover the cost for interpreters, a booklet and remediate the surrounding areas. In containing information about response to the Fukushima nuclear services if there is sufficient interest by participating U.S. firms and mission participating U.S. and Japanese firms, accident, the Japanese government and reception costs. introduced a system that limits the resources can accommodate such interest. Exclusions: maximum operating period for nuclear • power plants to 40 years. In January There may be an opportunity to The participation fee does not include 2015, Japanese utilities announced participate in an optional tour to the personal travel expenses such as airfare, plans to decommission five aging Fukushima Dai-ichi Nuclear Power lodging, most meals, incidentals, and nuclear reactors. Plant. This tour would incur additional local ground transportation and The U.S. Government, and fees. personal interpreters used during the networking sessions. Delegation specifically the U.S. Department of Proposed Schedule Energy and its National Laboratories, members will be able to take advantage have been involved in numerous April 9 of U.S. Embassy rates for hotel rooms. exchanges of scientific and technical Participate in discussions with U.S. Business visas may be required. information and expertise with the and Japanese firms consisting of Government fees and processing Government of Japan to find solutions to presentations and dialogues on specific expenses to obtain visas are also not problems created by the accident at aspects of Fukushima Recovery, included in the Fukushima Recovery Fukushima Dai-ichi related to including decommissioning, Forum costs. However, the U.S. decommissioning and decontamination. remediation, waste management, and Department of Commerce will provide The U.S. Department of Commerce’s water management. instructions to each participant on the International Trade Administration Participate in networking procedures required to obtain necessary (ITA), with the support of the U.S. opportunities with Japanese firms. business visas. Department of Energy, proposed the Attend a networking reception with Japan-United States Decontamination senior leaders from Japan’s Government 1 An SME is defined as a firm with 500 or fewer employees or that otherwise qualifies as a small and Remediation Fukushima Recovery and industry hosted by a senior U.S. business under SBA regulations (see http:// Forum to bring U.S. and Japanese firms Government representative from the www.sba.gov/size). Parent companies, affiliates, and together to complement the existing U.S. Embassy in Tokyo. subsidiaries will be considered when determining exchanges of information and expertise business size. The dual pricing reflects the April 10 Commercial Service’s user fee schedule that became by providing an opportunity for effective May 1, 2008. For additional information, coordination between the U.S. and Participate in briefings by Japanese see http://www.export.gov/newsletter/march2008/ Japanese private sectors to find Government officials and other entities initiatives.html.
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Conditions for Participation February 27, 2015. The U.S. Department Paperwork Clearance Officer, Applicants must submit a completed of Commerce will review applications Department of Commerce, Room 6616, mission application signed by a and make selection decisions beginning 14th and Constitution Avenue NW., company official, together with on or about March 2, 2015. Applications Washington, DC 20230 (or via the supplemental application materials, received after March 2, 2015 will be Internet at [email protected]). considered only if space and scheduling including adequate information on the FOR FURTHER INFORMATION CONTACT: constraints permit. company’s products and/or services, Requests for additional information or Applications for participation in the copies of the information collection interest in doing business in Japan, and Fukushima Recovery Forum are goals for participation by February 27, instrument and instructions should be available on line at: http://export.gov/ directed to Gary Rule, NOAA Fisheries, 2015. If the U.S. Department of japan/fukushima/forum/. Commerce receives an incomplete 1201 NE Lloyd Blvd. Suite 1100, DATES: application, it may reject the The Fukushima Recovery Forum Portland, OR 97232, (503) 230–5424 or will take place April 9–10, 2015. application, request additional [email protected]. Applications are due no later than information, or take the lack of SUPPLEMENTARY INFORMATION: February 27, 2015. information into account in its I. Abstract evaluation. Contacts Each applicant must also certify that This request is for extension of a Danius Barzdukas, Japan Desk/Office of currently approved information the products or services it seeks to East Asia and APEC, U.S. Department export through its participation in the collection. of Commerce | International Trade The Endangered Species Act of 1973 Fukushima Recovery Forum are either Administration, Phone: 202–482– (ESA; 16 U.S.C. 1531 et seq.) imposed produced in the United States, or, if not, 1147, [email protected] prohibitions against the taking of marketed under the name of a U.S. firm Gregory Taevs, U.S. Commercial Service endangered species. Section 10 of the and have at least fifty-one percent U.S. Tokyo, U.S. Department of Commerce ESA allows permits authorizing the content. | International Trade Administration, taking of endangered species for Selection Criteria for Participation +81–3–3224–5070, Gregory.Taevs@ research/enhancement purposes. The trade.gov Selection will be based on the corresponding regulations established Jon Chesebro, Senior Nuclear Trade procedures for persons to apply for such following criteria: Specialist, Industry & Analysis | • permits. In addition, the regulations set Suitability of the company’s Office of Energy and Environmental products or services to the Japanese forth specific reporting requirements for Industries, U.S. Department of such permit holders. The regulations decommissioning or remediation sector, Commerce | International Trade including water management and waste contain two sets of information Administration, Phone: (202) 482– collections: (1) Applications for management; 1297, [email protected] • The company’s potential for research/enhancement permits, and (2) business in Japan, including likelihood Frank Spector, reporting requirements for permits of exports resulting from participation International Trade Specialist. issued. The required information is used to in the Fukushima Recovery Forum; [FR Doc. 2015–03366 Filed 2–17–15; 8:45 am] evaluate the impacts of the proposed • The company’s ability to identify BILLING CODE 3510–DR–P activity on endangered species, to make and engage on policy issues relevant to the determinations required by the ESA U.S. competitiveness in the Japanese prior to issuing a permit, and to decontamination or remediation sectors; DEPARTMENT OF COMMERCE establish appropriate permit conditions. and To issue permits under ESA Section • Consistency of the company’s goals National Oceanic and Atmospheric 10(a)(1)(A), the National Marine and objectives with the scope of the Administration Fisheries Service (NMFS) must Fukushima Recovery Forum. Proposed Information Collection; determine that (1) such exceptions were Additional factors, such as balance of Comment Request; Application and applied for in good faith, (2) if granted company size, industry subsector, Reports for Scientific Research and and exercised, will not operate to the location, and demographics, may also be Enhancement Permits under the disadvantage of such endangered considered during the review process. Endangered Species Act species, and (3) will be consistent with Referrals from political organizations the purposes and policy set forth in and any documents containing AGENCY: National Oceanic and Section 2 of the ESA. references to partisan political activities Atmospheric Administration (NOAA), The currently approved application (including political contributions) will Commerce. and reporting requirements apply to be removed from an applicant’s ACTION: Notice. Pacific marine and anadromous fish submission and not considered during species, as requirements regarding other the selection process. SUMMARY: The Department of Commerce, as part of its continuing species are being addressed in a Timeframe for Recruitment and effort to reduce paperwork and separate information collection. Participation respondent burden, invites the general II. Method of Collection Recruitment for the Fukushima public and other Federal agencies to take this opportunity to comment on Submissions may be electronically or Recovery Forum will be conducted in on paper. an open and public manner, including proposed and/or continuing information publication in the Federal Register, collections, as required by the III. Data posting on CS Japan’s Web site, notices Paperwork Reduction Act of 1995. OMB Control Number: 0648–0402. by industry trade associations and other DATES: Written comments must be Form Number(s): None. multiplier groups, and publicity through submitted on or before April 20, 2015. Type of Review: Regular submission the ITA network. Recruitment will begin ADDRESSES: Direct all written comments (extension of a currently approved immediately and conclude no later than to Jennifer Jessup, Departmental collection).
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Affected Public: Federal government; proposed and/or continuing information Estimated Total Annual Burden State, local, or tribal government; collections, as required by the Hours: 5,926. business or other for-profit Paperwork Reduction Act of 1995. Estimated Total Annual Cost to organizations. DATES: Written comments must be Public: $898 in recordkeeping/reporting Estimated Number of Respondents: submitted on or before April 20, 2015. costs. 160. ADDRESSES: Direct all written comments IV. Request for Comments Estimated Time Per Response: Permit to Jennifer Jessup, Departmental Comments are invited on: (a) Whether applications, 12 hours; permit Paperwork Clearance Officer, modification requests 6 hours; annual or the proposed collection of information Department of Commerce, Room 6616, is necessary for the proper performance final reports, 2 hours. 14th and Constitution Avenue NW., Estimated Total Annual Burden of the functions of the agency, including Washington, DC 20230 (or via the Hours: 835. whether the information shall have Internet at [email protected]). Estimated Total Annual Cost to practical utility; (b) the accuracy of the Public: $500 in recordkeeping/reporting FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden costs. Requests for additional information or (including hours and cost) of the copies of the information collection proposed collection of information; (c) IV. Request for Comments instrument and instructions should be ways to enhance the quality, utility, and Comments are invited on: (a) whether directed to Patsy A. Bearden, NMFS clarity of the information to be the proposed collection of information Alaska Region, (907) 586–7008 or collected; and (d) ways to minimize the is necessary for the proper performance [email protected]. burden of the collection of information of the functions of the agency, including SUPPLEMENTARY INFORMATION: on respondents, including through the whether the information shall have I. Abstract use of automated collection techniques practical utility; (b) the accuracy of the or other forms of information agency’s estimate of the burden This request is for extension of a technology. (including hours and cost) of the currently approved information Comments submitted in response to proposed collection of information; (c) collection. this notice will be summarized and/or ways to enhance the quality, utility, and The purpose of the IFQ fee is to included in the request for OMB clarity of the information to be recover actual costs incurred in approval of this information collection; collected; and (d) ways to minimize the managing and enforcing the IFQ they also will become a matter of public burden of the collection of information Program (75%) and to make funds record. available for Congress to appropriate for on respondents, including through the Dated: February 11, 2015. support of the North Pacific IFQ Loan use of automated collection techniques Sarah Brabson, or other forms of information Program (25%). NOAA PRA Clearance Officer. technology. An IFQ permit holder incurs a cost Comments submitted in response to recovery fee liability for every pound of [FR Doc. 2015–03190 Filed 2–17–15; 8:45 am] this notice will be summarized and/or IFQ halibut and IFQ sablefish that is BILLING CODE 3510–22–P included in the request for OMB landed under his or her IFQ permit(s). approval of this information collection; The IFQ permit holder is responsible for DEPARTMENT OF COMMERCE they also will become a matter of public self-collecting the fee liability for all IFQ halibut and IFQ sablefish landings on record. National Oceanic and Atmospheric his or her permit(s). Fees must be Dated: February 11, 2015. Administration collected at the time of a legal landing Sarah Brabson, of halibut or sablefish, filing of a [Docket No. 130312237–5115–01] NOAA PRA Clearance Officer. landing report, or sale of such fish RIN 0648–XC567 [FR Doc. 2015–03191 Filed 2–17–15; 8:45 am] during a fishing season or in the last BILLING CODE 3510–22–P quarter of the calendar year in which Endangered and Threatened Wildlife; the fish is harvested. 90-Day Finding on a Petition to List Yellowtail Damselfish as Threatened or DEPARTMENT OF COMMERCE II. Method of Collection Endangered Under the Endangered Paper format; electronically (Internet), National Oceanic and Atmospheric Species Act email, U.S. mail, and fax. Administration AGENCY: National Marine Fisheries III. Data Service (NMFS), National Oceanic and Proposed Information Collection; OMB Control Number: 0648–0398. Atmospheric Administration (NOAA), Comment Request; Alaska Pacific Form Number(s): None. Department of Commerce. Halibut and Sablefish Fisheries: Type of Review: Regular (extension of Individual Fishing Quota (IFQ) Cost ACTION: Notice of 90-day petition a currently approved information Recovery finding. collection). AGENCY: National Oceanic and Affected Public: Individuals or SUMMARY: We (NMFS) announce a 90- Atmospheric Administration (NOAA), households; business or other for-profit day finding on a petition to list Commerce. organizations. yellowtail damselfish (Microspathodon chrysurus) as threatened or endangered ACTION: Notice. Estimated Number of Respondents: 2,963. under the Endangered Species Act SUMMARY: The Department of Estimated Time Per Response: Two (ESA). We find that the petition does Commerce, as part of its continuing hours for paper and 5 minutes for not present substantial scientific or effort to reduce paperwork and Internet IFQ Registered Buyer Ex-vessel commercial information indicating that respondent burden, invites the general Value and Volume Report; and two the petitioned action may be warranted. public and other Federal agencies to hours for paper and 5 minutes for IFQ ADDRESSES: Copies of the petitions and take this opportunity to comment on Fee Submission Form. related materials are available upon
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request from the Assistant Regional a review of the status of the species regarding the status of the species over Administrator, Protected Resources concerned, during which we will all or a significant portion of its range; Division, Southeast Regional Office, conduct a comprehensive review of the and (4) is accompanied by the NMFS, 263 13th Avenue South, St. best available scientific and commercial appropriate supporting documentation Petersburg, FL 33701, or online at: information. In such cases, we are to in the form of bibliographic references, http://sero.nmfs.noaa.gov/pr/ conclude the review with a finding as to reprints of pertinent publications, ListingPetitions.htm. whether, in fact, the petitioned action is copies of reports or letters from FOR FURTHER INFORMATION CONTACT: warranted within 12 months of receipt authorities, and maps (50 CFR Jason Rueter, NMFS Southeast Region, of the petition. Because the finding at 424.14(b)(2)). Court decisions clarify the 727–824–5312. the 12-month stage is based on a more thorough review of the available appropriate scope and limitations of the SUPPLEMENTARY INFORMATION: information, as compared to the narrow Services’ review of petitions at the 90- Background scope of review at the 90-day stage, a day finding stage to make a ‘‘may be warranted’’ finding at the 90- determination whether a petitioned On September 14, 2012, we received day stage does not prejudge the outcome action ‘‘may be’’ warranted. As a general a petition from the Center for Biological of the status review. matter, these decisions hold that a Diversity (CBD) to list eight reef fishes Under the ESA, a listing petition need not establish a ‘‘strong of the family Pomacentridae as determination may address a ‘‘species,’’ likelihood’’ or a ‘‘high probability’’ that threatened or endangered under the which is defined to also include a species is either threatened or ESA. The eight species are orange subspecies and, for any vertebrate endangered to support a positive 90-day clownfish (Amphiprion percula), black- species, any distinct population finding. axil chromis (Chromis atripectoralis), segment (DPS) that interbreeds when We evaluate the petitioner’s request blue-green damselfish (Chromis viridis), mature (16 U.S.C. 1532(16)). A species, based upon the information in the Hawaiian dascyllus (Dascyllus subspecies, or DPS is ‘‘endangered’’ if it petition, including its references, and albisella), reticulated damselfish is in danger of extinction throughout all the information readily available in our (Dascyllus reticulatus), yellowtail or a significant portion of its range, and files. We do not conduct additional damselfish or jewelfish ‘‘threatened’’ if it is likely to become research, and we do not solicit (Microspathodon chrysurus), blackbar endangered within the foreseeable information from parties outside the devil or Dick’s damselfish future throughout all or a significant agency to help us in evaluating the (Plectroglyphidodon dickii), and blue- portion of its range (ESA sections 3(6) petition. We will accept the petitioner’s eyed damselfish (Plectroglyphidodon and 3(20), respectively; 16 U.S.C. sources and characterizations of the johnstonianus). The petition is available 1532(6) and (20)). Pursuant to the ESA information presented, if they appear to on our Web site (http:// and our implementing regulations, we be based on accepted scientific www.nmfs.noaa.gov/pr/species/ determine whether species are principles, unless we have specific _ _ _ petitions/pomacentrid reef fish threatened or endangered because of information in our files that indicates _ petition 2012.pdf). Given the any one or a combination of the the petition’s information is incorrect, geographic range of these species, we following five section 4(a)(1) factors: unreliable, obsolete, or otherwise divided the lead for the response to the The present or threatened destruction, irrelevant to the requested action. petition between our Southeast Regional modification, or curtailment of habitat Information that is susceptible to more Office (SERO) and our Pacific Islands or range; overutilization for commercial, than one interpretation or that is Regional Office (PIRO). SERO led the recreational, scientific, or educational contradicted by other available response to the petition to list the purposes; disease or predation; information will not be dismissed at the yellowtail damselfish (Microspathodon inadequacy of existing regulatory 90-day finding stage, so long as it is chrysurus) in this finding; PIRO led the mechanisms; and any other natural or reliable and a reasonable person would response for the remaining species manmade factors affecting the species’ conclude it supports the petitioner’s separately and published a 90-day existence (16 U.S.C. 1533(a)(1), 50 CFR assertions. In other words, conclusive finding on those species on September 424.11(c)). information indicating the species may 3, 2014 (79 FR 52276). ESA-implementing regulations issued meet the ESA’s requirements for listing jointly by NMFS and USFWS (50 CFR is not required to make a positive 90- ESA Statutory and Regulatory 424.14(b)) define ‘‘substantial day finding. We will not conclude that Provisions and Evaluation Framework information’’ in the context of reviewing a lack of specific information alone Section 4(b)(3)(A) of the ESA of 1973, a petition to list, delist, or reclassify a negates a positive 90-day finding, if a as amended (U.S.C. 1531 et seq.), species as the amount of information reasonable person would conclude that requires, to the maximum extent that would lead a reasonable person to the unknown information itself suggests practicable, that within 90 days of believe that the measure proposed in the an extinction risk of concern for the receipt of a petition to list a species as petition may be warranted. In evaluating species at issue. threatened or endangered, the Secretary whether substantial information is To make a 90-day finding on a of Commerce make a finding on whether contained in a petition, the Secretary petition to list a species, we evaluate that petition presents substantial must consider whether the petition: (1) whether the petition presents scientific or commercial information Clearly indicates the administrative substantial scientific or commercial indicating that the petitioned action measure recommended and gives the information indicating the subject may be warranted, and to promptly scientific and any common name of the species may be either threatened or publish such finding in the Federal species involved; (2) contains a detailed endangered, as defined by the ESA. Register (16 U.S.C. 1533(b)(3)(A)). When narrative justification for the First, we evaluate whether the we find that substantial scientific or recommended measure, describing, information presented in the petition, commercial information in a petition based on available information, past and along with the information readily indicates the petitioned action may be present numbers and distribution of the available in our files, indicates that the warranted (a ‘‘positive 90-day finding’’), species involved and any threats faced petitioned entity constitutes a ‘‘species’’ we are required to promptly commence by the species; (3) provides information eligible for listing under the ESA. Next,
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we evaluate whether the information that the classification is based upon, in Analysis of the Petition indicates that the species at issue faces light of the standards on extinction risk We evaluated whether the petition extinction risk that is cause for concern; and impacts or threats discussed above. presented the information required in this may be indicated in information Species Description 50 CFR 424.14(b)(2) and found that the expressly discussing the species’ status petition contains the species’ taxonomic and trends, or in information describing The yellowtail damselfish is a reef description, current geographic impacts and threats to the species. We fish (Family Pomacentridae) that distribution, habitat characteristics, and evaluate any information on specific inhabits shallow coral reefs usually at threats that could be affecting it. The demographic factors pertinent to depths between 1–10 m (depth range petition does not present any evaluating extinction risk for the species can be up to 120 m; Loris and Rucabado, information on past or present at issue (e.g., population abundance and 1990) in the western Atlantic Ocean population numbers, instead it trends, productivity, spatial structure, including Bermuda, southern Florida, acknowledges that abundance and age structure, sex ratio, diversity, and the Caribbean Sea (Allen, 1991), population trends are unknown for the current and historical range, or habitat south to Brazil (Moura et al., 1999), and petitioned species, but suggests that the integrity), and the potential contribution decrease in average live coral cover of identified demographic risks to also including the Gulf of Mexico across the Caribbean from 50 to 60 extinction risk for the species. We then (Bohlke and Chaplin, 1993). Yellowtail percent coverage in the 1970s to 8 evaluate the potential links between damselfish occupy non-overlapping, percent coverage today suggests reasons these demographic risks and the often contiguous territories on solid 2 for concern. The petition does not causative impacts and threats identified substrata averaging 44 m in size (range 2 in section 4(a)(1). 14–109 m , n = 22; P. Sikkel, provide information regarding the status Information presented on impacts or unpublished data) in which they feed of yellowtail damselfish over all or a threats should be such that it reasonably on epilithic microalgae (algae growing significant portion of its range, other suggests that one or more of these on rock) and associated microfauna than a discussion of threats. The factors may be operative threats that act, (Bohlke and Chaplin, 1968; Sikkel and petition includes supporting references. or have acted, on the petitioned species Kramer, 2006). Adults are primarily The petition states that yellowtail to the point that it may warrant algae-eaters (Robins et al., 1986), feeding damselfish are vulnerable to coral protection under the ESA. Broad on microalgae, epiphytic (growing on a habitat loss and degradation due to statements about generalized threats to plant) diatoms, and to a lesser extent temperature-induced coral bleaching the species, or identification of factors live coral, and are therefore known as and ocean acidification, and that this that could negatively impact a species, facultative corallivores (Cole et al., vulnerability is heightened given their do not constitute substantial 2008). Adults of both sexes are solitary reliance on live branching corals such as information that listing may be and they aggressively defend their species of Millepora and Acropora. The warranted. We look for information territories against conspecifics and other petition states yellowtail damselfish are indicating that not only is the particular species to a lesser extent (Sikkel and threatened by ocean warming and ocean species exposed to a factor, but that the Kramer, 2006). The territories of females acidification that directly impairs its species may be responding in a negative tend to be shallower and closer to shore sensory capabilities, behavior, aerobic fashion; then we assess the potential than those of males (Sikkel and Kramer, capacity, swimming ability, and significance of that negative response. 2006). reproduction. The petition also states Many petitions identify risk that the global marine aquarium trade Yellowtail damselfish spawning peaks classifications made by other and lack of regulatory mechanisms for four to five weeks in February to organizations or agencies, such as the further threaten yellowtail damselfish March and again in July to August International Union on the Conservation by decreasing their populations in the of Nature (IUCN), the American (Deloach, 1999). Spawning occurs wild. during the first 1–3 hours of daylight Fisheries Society (AFS), or NatureServe, Information on Population Status, as evidence of extinction risk for a (Sikkel and Kramer, 2006) at regular 3- day intervals from 3 days before to 3 Trends and Demographics Relevant to species. Risk classifications by other Extinction Risk organizations or made under other weeks after the full moon (Pressley, federal or state statutes may be 1980; Robertson et al., 1990). Females As stated above, the petition does not informative, but the classification alone can travel up to 120 m from their include any information on past or may not provide the rationale for a territory to find mates (Sikkel and present population numbers, and it positive 90-day finding under the ESA. Kramer, 2006). Females lay their entire acknowledges that abundance and For example, as explained by clutch within the male territory during population trends are unknown. The NatureServe, their assessments of a a spawning event and will often mate petition does not provide information species’ conservation status do ‘‘not with the same male over successive regarding the status of yellowtail constitute a recommendation by spawning trips (Sikkel and Kramer, damselfish over all or a significant NatureServe for listing under the U.S. 2006). Male damselfish prepare nests portion of its range, although one of the Endangered Species Act’’ because within their territories, frequently in references cited describes the species as NatureServe assessments ‘‘have coral rubble, and protect the eggs ‘‘common on shallow reefs in the different criteria, evidence (Pressley, 1980). Embryos hatch tropical Western Atlantic,’’ occurring at requirements, purposes and taxonomic approximately five days after densities of up to four individuals per coverage than government lists of fertilization (Pressley, 1980), and larvae 100 m2 in the Barbados (Sikkel and endangered and threatened species, and enter a 21 to 27 day pelagic phase. They Kramer, 2006). The petition does not therefore these two types of lists should then tend to settle on shallow patch identify any risk classifications by other not be expected to coincide’’ (http:// reefs, often inhabited by Millepora (fire organizations for this species. www.natureserve.org/prodServices/ coral), which Deloach (1999) states There is some information in our files statusAssessment.jsp). Thus, when a makes up much of the early diet, and on population status and trends for this petition cites such classifications, we Acropora species rubble habitats species in the Florida Keys. We have will evaluate the source information (Wilkes et al., 2008). data on the abundance of yellowtail
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damselfish from our Southeast Fisheries overutilization for commercial and Veron (2000) describes Millepora Science Center’s (SEFSC) Reef fish recreational purposes; (D) inadequacy of species as ‘‘common on reefs.’’ Visual Census (RVC). The RVC is a long- existing regulatory mechanisms; and (E) Therefore, we do not find population term, spatially-extensive survey that has other natural or manmade factors trends of Millepora pose an extinction assessed trends in abundance of reef affecting its continued existence. In the risk that is cause for concern for fishes in the Florida Keys, by collection following sections, we assess the yellowtail damselfish. of standardized data on trends in information presented in the petition We also reviewed the information in frequency of occurrence and density. and readily available in our files to the petition regarding the association The RVC survey includes data from determine whether the petitioned action between adult yellowtail damselfish and 1980 through 2012 for the forereef, high may be warranted. elkhorn coral. The petition cites relief spur and groove habitats, the Deloach (1999) in describing habitat use Present and Threatened Destruction, preferred habitat zone for yellowtail by yellowtail damselfish. In Deloach Modification, or Curtailment of Habitat damselfish (NMFS SEFSC, 2014). These (1999), we found the statement ‘‘[l]arge or Range data show yellowtail damselfish females reign over widespread abundance declined during the 1980’s The petition states that yellowtail territories of varying sizes on reef crests, but stabilized in the 1990’s with no damselfish are ‘‘dependent on live coral while males typically occupy deeper apparent trends through 2012. The RVC for shelter, reproduction, recruitment, zones of Elkhorn rubble.’’ This was the data recorded yellowtail damselfish in and/or food, which makes them highly only information presented in the 93 percent of samples (annual average) vulnerable to coral habitat loss and citation relative to elkhorn coral, but it in the 1980’s. Since 1991, the frequency degradation due to ocean warming and does not indicate yellowtail damselfish of occurrence has averaged around 79 ocean acidification and they are habitat specialize on, or rely upon, branching percent, with no apparent trend. specialists that rely on branching corals coral. Similarly, the density of fish, when which are particularly susceptible to The petition also cites Tolimieri present, averaged 5 fish per bleaching.’’ First we will evaluate the (1998) as a source for the premise that standardized sample in the 1980’s, and petition’s arguments that dependency of yellowtail damselfish are ‘‘significantly since 1991, the average annual density the yellowtail damselfish on certain associated with Acropora corals and when present has been 2.7 fish per species of live corals is a source of total live coral cover.’’ Tolimieri (1998), standardized sample, with no apparent extinction risk, and then we will investigated microhabitat substrate use trend (NMFS SEFSC, 2014). The evaluate the arguments that climate by several damselfish species on the observed decline in yellowtail change impacts to the species’ habitat Tague Bay Reef, St. Croix, United States damselfish frequency and density pose extinction risk that is cause for Virgin Islands. This study evaluated use between the 1980’s and the subsequent concern. of Porites spp., Porites spp. rubble, Montastrea spp., Montastrea spp. period of 1991–2012 in these data are Dependency on Branching Coral Species correlated with the documented rubble, Acropora spp. rubble, total live widespread loss of coral habitat that The petition cites several studies in coral, boulder (unidentified coral) occurred during the 1980’s, as noted in support of the argument that the rubble, algae, and pavement/sand the petition. These data also indicate yellowtail damselfish specializes on, or substrates. The author found that that since the initial decline, the long relies upon, branching corals such as yellowtail damselfish were associated term trend in yellowtail damselfish Millepora and Acropora species. The more than would be expected by frequency and density over 22 years of petition cites Allen (1991) for the random chance with dead Acropora data collection has remained stable. We proposition that juvenile yellowtail palmata rubble, but not with live coral interpret these data as indicating a damselfish ‘‘are usually seen among cover or the only live branching coral in population that has demonstrated long branches of the yellow stinging coral the study area—Porites porites. The term stability, despite significant habitat Millepora.’’ Deloach (1999) is cited for association between yellowtail changes and a one-time population an association between juveniles and damselfish and Acropora spp. coral decline. Thus, we do not believe the blade fire coral, M. complanata. rubble was statistically significant (p = available information on population Deloach (1999) is also cited as finding 0.043), but only explained 32 percent of status and trends suggest an extinction that Millepora makes up much of the the variation in abundance of yellowtail risk of concern for the species. early diet of yellowtail damselfish. The damselfish between the various study Web site www.species-identification.org sites on this reef. Information on Impacts and Threats to is similarly cited for the statement that The petition presents Wilkes et al. the Species yellowtail damselfish are known to feed (2008) for an association of adult We also evaluated whether the on the polyps of Millepora corals, yellowtail damselfish with live information in the petition and though as the petition notes from branching staghorn coral in the Dry information in our files concerning the another citation, this species is Tortugas, Florida. Wilkes et al. (2008) extent and severity of one or more of the considered a facultative and not an described their study objective as ESA section 4(a)(1) factors suggest these obligate corallivore (Cole et al., 2008). determining what effect, if any, on impacts and threats may be operative Regardless of the importance as food or damselfish could be discerned from threats that act or have acted on the habitat to yellowtail damselfish, the much of the live staghorn coral in Dry species, posing a risk of extinction for petition does not present information Tortugas National Park having been yellowtail damselfish that is cause for that suggests Millepora corals have been reduced to rubble by extreme cold snaps concern. As stated above in the petition affected by the numerous threats other and disease. Wilkes et al. (2008) analysis section, the petition states that corals face, thus we assume their role in compared damselfish densities on the four of the five causal factors in section the yellowtail damselfish’s life cycle is largest remaining live staghorn coral 4(a)(1) of the ESA are adversely affecting unchanged. Additionally, Brainard et al. formation and nearby staghorn coral the continued existence of yellowtail (2011), state ‘‘Millepora are among the rubble habitat, but did not directly damselfish: (A) Present or threatened first to bleach and die, but they seem to investigate damselfish use of any other destruction, modification, or have a special aptitude for recovering by habitat types in the park. This study curtailment of its habitat or range; (B) recruiting new colonies.’’ Further, found that the density of adult
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yellowtail damselfish was greater at Indies in the 1970’s and concluded their the yellowtail damselfish that is a cause sites with live staghorn coral compared results were in agreement in most cases for concern. to nearby sites comprised of dead and that adult yellowtail damselfish were Climate Change Impacts to Coral Reef broken staghorn coral rubble. There was most characteristically associated with Ecosystems Generally as a Threat to elkhorn coral and Millepora in very no significant difference in density of Yellowtail Damselfish juvenile yellowtail damselfish between shallow to moderate depth range. the two sites. These authors suggest that Prior to the 1980’s, Acropora corals The petition discusses at length ‘‘complex reef topography of branching were the overwhelmingly dominant climate change impacts to corals and corals like Acropora are thought to be a reef-building coral on Caribbean reefs, coral reefs and future predictions for major factor affecting reef fish to the extent that depth zones were worsening impacts to corals at a global distribution and abundance’’ and that named after these species (‘‘elkhorn scale, and argues that these impacts the higher adult densities observed in zone,’’ ‘‘staghorn zone’’) (Goreau, 1959). pose extinction risk to yellowtail this study ‘‘may be related to the Given the dominance of these corals, it damselfish through destruction, increase in three-dimensional habitat is reasonable to expect that yellowtail modification or curtailment of its that would provide predator refuge damselfish and many other reef fishes habitat. As discussed above, while the dimensions more conducive to adult were found associated with acroporids petition establishes an association with body sizes that require larger shelter then as well. For example, Waldner and live branching coral species for spaces.’’ The authors conclude that Robertson (1980) found a significant yellowtail damselfish, we have ‘‘reductions in damselfish density are association between yellowtail established that they also associate with the likely outcome in reefs where damselfish and elkhorn corals in the other coral species and forms within the expanses of live branching coral are in 1970’s. During the 1980’s, a massive die- coral-reef ecosystem and are not reliant decline and are being replaced by off of Acropora species occurred in the upon branching corals for habitat. Many of the references provided in relatively low-dimensional fields of reef Caribbean. The decline in Acropora the petition offer global predictions on rubble.’’ Finally, Wilkes et al. (2008) species was greater than 90 percent future rises in sea surface temperature note that ‘‘some damselfish species may (Ginsburg, 1994; Hughes, 1994; (Donner et al., 2005; Donner, 2009), require the habitat complexity provided McClanahan and Muthiga, 1998). As the ocean acidity (Hoegh-Guldberg et al., by branching corals, whereas others are SEFSC RVC data indicate, yellowtail 2007), or coral reef decline in general better suited to exploit a wide range of damselfish abundance declined in fore- (Hoegh-Guldberg, 1999; Veron et al., habitat types and display no specific reef, spur and groove habitats in the 2009). Emission rates of greenhouse coral preference.’’ However, the authors Florida Keys in the 1980’s. The initial decline in yellowtail damselfish gases (GHG) associated with ocean make no conclusion about yellowtail warming have in recent years met or damselfish and their habitat usage, abundance is likely linked to the widespread die-off of corals. However, exceeded levels found in the worst-case though they do note another study scenarios considered by the (Wallman et al., 2006) that found that the yellowtail damselfish population has remained stable since 1991. Intergovernmental Panel on Climate patch reefs lacking in live branching Change (IPCC), resulting in all scenarios corals within Dry Tortugas National Although the Florida Keys population is at a lower level than it was in the 1970’s underestimating the projected future Park support populations of adult climate condition. New information yellowtail damselfish. and 1980’s, the stability in abundance indicates that it is not so low that suggests that regardless of the emission In our files we also have available depensatory processes, such as concentration pathway, more than 97 Waldner and Robertson (1980) that declining mate-finding ability or percent of reefs will experience severe considers patterns of spatial distribution escalating risk of predation, are an thermal stress by 2050 (Meissner et al., and resource partitioning in damselfish extinction risk factor. Therefore, we 2012). At the same time new to explain how ecologically similar reef conclude that the yellowtail damselfish information also highlights the spatial fishes can co-exist on various spatial is not dependent on acroporid corals to and temporal ‘‘patchiness’’ of warming scales. Field surveys recorded yellowtail the extent that the decline of Acropora (79 FR 53851; September 10, 2014). This damselfish in Puerto Rico between 1976 habitat presents an extinction risk that patchiness moderates vulnerability of and 1978 at both inshore and offshore is cause for concern. corals to extinction because most reefs and recorded substrate within 15 In summary, we acknowledge that species are not limited to one habitat cm (5.9 inches) of where the species was yellowtail damselfish was historically type but occur in numerous types of reef observed or the substrate where the fish associated with Acropora corals in the environments that are predicted, on sought refuge when rapidly approached Caribbean (Waldner and Robertson, local and regional scales, to experience by a diver. A total of 54 adult yellowtail 1980), and exhibited a population variable thermal regimes and ocean damselfish were reported on 4 out of 6 decline in habitats dominated by chemistry at any given point in time (79 substrate types: 48 percent of Acropora concurrent with the massive FR 53851; September 10, 2014). Overall, observations were associated with non- die-off of corals in the 1980s. However, there is ample evidence that climate branching massive corals such as the available information demonstrates change (including that which is already Montastraea annularis, 24 percent of the yellowtail damselfish associate with a committed to occur from past GHG observations were associated each with variety of coral species and habitats emissions and future emissions elkhorn (A. palmata) and staghorn (A. (Tolimieri, 1998; Wilkes et al, 2008) reasonably certain to occur) and will cervicornis) coral, and 4 percent were within the coral-reef ecosystem (e.g., lead to a worsening environment for associated with Millepora spp. When branching, boulder, and dead rubble), corals. the amount of the different substrate and appear in at least one instance If many coral species are to survive types within the transect area was (Florida Keys) to have inhabited reef anticipated global warming, corals and considered, elkhorn coral was found to areas at stable population levels for over their zooxanthellae will have to undergo be a most-used substrate. Waldner and 20 years after the widespread decline of significant acclimatization and/or Robertson (1980) then compared their acroporids. Therefore, the loss of the adaptation. There has been a recent results with the results of other studies branching elkhorn and staghorn corals research emphasis on the processes of that occurred throughout the West does not constitute an extinction risk for acclimatization and adaptation in
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corals. For example, the results of a threat is primarily a function of coral mortality from bleaching, ‘‘[fish] study funded by NOAA and conducted biological processes and characteristics, specialists will increasingly be forced to by the agency’s scientists and its and can vary greatly between and use alternative recruitment habitats, and academic partners suggests some coral within taxa (i.e., family, genus, or that is likely to reduce population species may be able to adapt to species). Susceptibility depends on replenishment.’’ As noted above, moderate climate warming, improving direct effects of the threat on the however, yellowtail damselfish is not a their chance of surviving through the species, and it also depends on the specialist on any particular coral end of this century, if there are large cumulative (i.e., additive) and species. Bonin (2012) further states that reductions in carbon dioxide emissions interactive (i.e., synergistic or the ‘‘available evidence suggests that the (Logan et al, 2013). Results of this study antagonistic) effects of multiple threats presence of conspecifics provides a further suggest some corals have already acting simultaneously on the species. stronger cue for settlement than does adapted to part of the warming that has For example, ocean warming affects microhabitat (Booth, 1992; Lecchini et occurred in the past. The study modeled coral colonies through the direct effect al., 2005a; 2005b).’’ Thus, the presence a range of possible coral adaptive of bleaching, together with the of established individuals of the same responses to thermal stress, and interactive effect of bleaching and fish species was more important for projected that, through processes such disease, because bleaching increases settling recruits than was habitat in that as genetic adaptation, acclimation, and disease susceptibility. Vulnerability of a study. A third study cited by the symbiont shuffling, the reefs could coral species to a threat also depends on petition, Booth and Beretta (2012), reduce the rate of temperature-induced the proportion of colonies and provided examples of fish recruit bleaching by 20 to 80 percent of levels populations that are exposed to the abundance decline independent of coral currently projected to occur by the year threat. Exposure is primarily a function bleaching and concluded ‘‘these 2100, if there are large reductions in of the distribution of the threat. The examples highlight the stochastic nature carbon dioxide emissions. The authors degree or intensity of exposure to a of recruitment, and caution against the emphasize the caveat that coral threat is primarily a function of physical hasty attribution of cause and effect in adaptation will not significantly slow processes and characteristics that limit explaining changes in recruitment the loss of coral reefs if there is no or moderate the intensity of the threat through time.’’ Graham et al. (2007) was decrease in GHG emissions and further, across the range of the species. In our also cited by the petition as an example that not all species will be able to adapt final listing rule responding to a petition of the effects of bleaching on coral-reef fast enough or to the same extent. to list 83 species of corals, we found fishes. The authors concluded that ‘‘of Thus, as a whole, the body of research that not all coral species are highly the indirect effects of bleaching that we on coral adaptation to global warming is vulnerable to the threats associated with have identified, one of the most inconclusive on how these processes global climate change (79 FR 53851; significant for the reef ecosystem as a may affect particular coral species’ September 10, 2014). Even some species whole is likely to be the decline in extinction risk, given the projected found to be susceptible to ocean smaller size classes of herbivorous intensity and rate of ocean warming warming were found not warranted for fishes (mainly surgeonfishes and (Brainard et al., 2011). listing because they may have a parrotfishes with some rabbitfishes and Similarly, because of the increase in buffering capacity to resist adverse two species of damselfish).’’ The carbon dioxide and other GHGs in the effects on their status, due to high petition also cites Wilson et al. (2006) atmosphere since the industrial abundance, wide range, and/or high for effects of bleaching on coral-reef revolution, ocean acidification has habitat heterogeneity. fishes; however, Wilson et al. (2006) already occurred throughout the world’s found ‘‘abundances of species reliant on oceans, including in the Caribbean, and With information indicating live coral for food and shelter is predicted to considerably worsen yellowtail damselfish associate with a between now and 2100. Overall, variety of coral habitats, and because consistently declined during this time available information demonstrates that susceptibility of coral species to climate frame, while abundance of some species most corals exhibit declining change impacts is highly variable, we that feed on invertebrates, algae and/or calcification rates with rising carbon cannot infer any level of extinction risk detritus increased. The response of dioxide concentrations, declining pH, from habitat loss due to climate change species, particularly those expected to and declining carbonate saturation for yellowtail damselfish. Further, in a benefit from the immediate loss of coral, state—although the rate and mode of review of six studies examining the is variable.’’ Thus, given that yellowtail decline can vary among species (79 FR effects of coral bleaching on coral-reef damselfish is not an obligate corallivore 53851; September 10, 2014). Spatially, fishes, Pratchett et al. (2008) found the and has a varied diet including algae while carbon dioxide levels in the density of 45 of 116 fish species’ and invertebrates, this study is not surface waters of the ocean are generally showed significant changes 1–3 years indicative of potential adverse impacts in equilibrium with the lower post-bleaching. The responses ranged to yellowtail damselfish from coral atmosphere, there can be considerable from local extinction to several-fold bleaching. Finally, the petition cites spatial variability in seawater pH across increases in abundance. Though the Bonin et al. (2009) for effects of reef-building coral habitats, resulting in damselfishes included in their study bleaching on coral-reef fishes. This colonies of a species experiencing high showed mixed results, Pratchett et al. study examined the effects of bleaching spatial variability in exposure to ocean (2008) found ‘‘fishes that increased in on two species of gobies that are live- acidification (79 FR 53851; September abundance were mostly dietary and coral symbionts. Again, this information 10, 2014). habitat generalist species,’’ but some does not allow us to infer any level of As we have discussed elsewhere (79 herbivores also showed increases. Thus, extinction risk from coral reef habitat FR 53851; September 10, 2014), we do not view this study as providing loss due to climate change impacts for vulnerability of a coral species to a any reliable prediction of yellowtail yellowtail damselfish. threat is a function of susceptibility and damselfish responses to coral bleaching. Therefore, we find that the petition exposure, considered at the appropriate The petition also cites Bonin (2012) for does not provide substantial scientific spatial and temporal scales. effects of coral bleaching on damselfish. or commercial information indicating Susceptibility of a coral species to a The paper concludes that as a result of that listing yellowtail damselfish as
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threatened or endangered may be pollution, protecting coral reef habitat, The petition states that regulation of warranted due to loss or degradation of and controlling the aquarium trade are the aquarium trade is inadequate to coral habitat that may result from global inadequate to protect the yellowtail control trade and prevent collection climate change. damselfish and that the ‘‘widespread detrimental to the species’ survival. The and growing trade in coral-reef fish and petition cites Tissot et al. (2010) for Overutilization for Commercial and evidence of ‘‘weak governance capacity Recreational Purposes corals adds to the cumulative stresses . . . from ocean warming and ocean in major source countries such as The petition provides information acidification.’’ The petition states that Indonesia and the Philippines; high indicating damselfish are the most both international and domestic laws international demand, particularly from commonly harvested group of fishes in controlling greenhouse gas emissions the United States . . . and inadequate the global trade of marine aquarium are inadequate and/or have failed to enforcement of the few existing laws, fish. The petition does not include any control emissions, ‘‘as acknowledged by allowing collectors to use illegal and information specific to the collection of NMFS in its Status Review Report of 82 harmful collection methods such as yellowtail damselfish, nor does it Candidate Coral Species and sodium cyanide.’’ Drawing inferences provide any explanation of how harvest Accompanying Management Report.’’ based on Indo-Pacific species and the of yellowtail damselfish is an extinction We concur there is information in the regulatory mechanisms governing their risk to the species. Due to the petition, readily available in our files, collection is inappropriate because pugnacious behavior of yellowtail and from scientific literature that yellowtail damselfish do not occur in damselfish and its solitary nature indicates GHG emissions and associated the foreign countries in the Indo-Pacific (Robins et al., 1986), it is likely a less ocean warming, acidification and other discussed as having inadequate desirable species for use in aquaria synergistic effects are contributing to governance and enforcement of laws. compared to damselfish that are extinction risk for some species of reef There is no information in our files schooling planktivores such as the blue- building corals (79 FR 53851; September indicating yellowtail damselfish is a green chromis. Though we do not have 10, 2014), and that existing regulatory highly prized, collected, or traded information in our files for harvest and mechanisms are inadequate to prevent marine organism. We conclude the trade impacts across the entire range of these emissions from causing serious threats characterization in the petition the species, we do have information in harmful impacts to corals. However, we regarding inadequacy of regulatory our files about harvest of damselfish in do not have information in our files, and mechanisms to control harmful harvest Florida for the aquarium trade; 9,780 we are not aware of any literature, of yellowtail damselfish is damselfish were collected in 2009 from indicating GHG emissions are negatively unsubstantiated. Florida waters for the aquarium trade. affecting yellowtail damselfish (e.g., In summary we find the petition does There are 14 species of damselfish in through sensory impacts, discussed not provide substantial scientific or Florida waters and yellowtail below). As discussed above, yellowtail commercial information to suggest that damselfish is considered ‘‘common’’ damselfish associate with a variety of existing regulatory mechanisms related (Humann, 1999), but specific coral-reef habitats and we have no to any identified threats to the species information regarding the contribution information from which to conclude the are inadequate such that they may be of yellowtail damselfish to the aquarium impacts of GHG emissions on coral reefs causing an extinction risk for the trade harvest in Florida is not available present extinction risk that is cause for yellowtail damselfish. (FWRI, 2009). Even if we assumed the entire Florida harvest in 2009 was concern for yellowtail damselfish. Other Natural or Manmade Factors comprised of yellowtail damselfish and Therefore, we also cannot conclude that The petition states that ocean is representative of ongoing harvest inadequacy of regulatory mechanisms to acidification and ocean warming, in levels, we do not believe the collection control these emissions is causing addition to causing habitat loss, of nearly 10,000 individuals in Florida extinction risk that is cause for concern ‘‘directly threaten the survival of the annually would constitute an extinction for this species. petitioned species through a wide array risk that is cause for concern to the The petition states that existing of adverse impacts that are predicted to status of yellowtail damselfish. Because regulatory mechanisms are inadequate lead to negative fitness consequences field surveys throughout the Florida to protect coral reef habitats from local and population declines.’’ The petition Keys forereef, high relief spur and threats (e.g., overfishing), despite states ‘‘ocean acidification impairs the groove habitat indicate yellowtail international and domestic efforts to sensory capacity and behavior of larval damselfish have remained stable in reduce threats to reefs. The petition clownfish and damselfish.’’ The petition frequency and density for the last 22 cites Burke et al. (2011), as concluding refers to a number of sources to years (NMFS SEFSC, 2014), we believe that ‘‘[m]ore than 60% of the world’s demonstrate that in the laboratory, harvest is not contributing to a decline coral reefs are under immediate and behavioral responses of larval fish can in total numbers within Florida. In direct threat from one or more local be affected by elevated carbon dioxide summary, we find the petition and sources,’’ and that ‘‘[of] local pressures levels. information in our files do not present on coral reefs, overfishing—including The petition states ‘‘research on the substantial scientific or commercial destructive fishing—is the most effects of ocean acidification on six information to suggest that listing pervasive immediate threat, affecting species of larval damselfish found that yellowtail damselfish as threatened or more than 55 percent of the world’s elevated carbon dioxide levels expected endangered may be warranted due to reefs.’’ The petition states ‘‘this high within this century impair damselfish overutilization for commercial, level of threat clearly indicates that smell, vision, learning, behavior, and recreational, educational, or scientific existing regulatory mechanisms are brain function, leading to a higher risk purposes. inadequate to protect the coral reefs on of mortality.’’ Results from two of these which the petitioned Pomacentrids six damselfish are from Munday et al. Inadequacy of Existing Regulatory depend.’’ However, the petition fails to (2010) who found that ‘‘700 ppm carbon Mechanisms discuss how yellowtail damselfish may dioxide is close to the threshold at The petition states the regulatory be susceptible to this generalized threat which adaptation of behavioral mechanisms addressing greenhouse gas to coral reefs. responses might be possible in reef
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fishes, provided that the variation in results by Ferrari et al. (2011) were uptake was exhausted at 33 °C for the sensitivity to elevated carbon dioxide described by the petitioner as two cardinalfish species tested. One we observed between individuals at this highlighting how individual effects from damselfish species’ oxygen uptake was concentration has a genetic basis. The elevated carbon dioxide are highly reduced from 142% at 29 °C to 81% at olfactory capacity of approximately one- uncertain and constitute an extinction 31 °C while another species’ uptake half of the larvae was unaffected by risk for the petitioned species. However, went from 300% at 29 °C to 178% at 33 exposure to 700 ppm carbon dioxide, merely identifying factors that could °C. These results indicate that and these individuals exhibited less negatively impact a species does not damselfish are thermally tolerant and as risky behavior in the field (remained constitute substantial information that Nilsson et al. (2009) state, ‘‘populations closer to shelter) compared with listing may be warranted. Because of thermally tolerant species are likely affected individuals.’’ The effect on Ferrari et al. (2011) found ‘‘marked to persist at higher temperatures, but olfactory capacity appears to be an intraspecific variation,’’ we interpret populations of thermally sensitive individual response and not necessarily these results to demonstrate variability species could decline on low-latitude a population response. A variable in physiological responses within the reefs if individual performance falls individual response does not constitute functional group examined (functional below levels needed to sustain viable a risk to the entire population and groups were defined by their carbon populations. therefore, there is not sufficient dioxide tolerance). Further, Ferrari et al. The petition cites several other evidence of extinction risk to yellowtail (2011) found predation rates and prey sources, primarily Johansen and Jones damselfish posed by elevated carbon selectivity were impacted by exposure (2011), which found increasing dioxide impacts on olfactory capacity. to elevated levels of dissolved carbon temperatures have negative effects on the aerobic capacity and swimming Results from the other four of these dioxide, but the outcome of the performance of some damselfish, though six damselfish species are from Ferrari interaction was dependent on the size of the species tested did not include the et al. (2011), where the effects of carbon juvenile prey, not on the species. yellowtail damselfish or any of its dioxide exposure on the antipredator Additionally, Ferrari et al. (2011) congeners. These studies also revealed responses of four sympatric species who concluded that if the negative effects of inter-specific differences in the response share the same ecology and life history carbon dioxide were balanced between to elevated temperature and discussed was tested; all four are congeners in a prey and predators, we would not expect any change in overall mortality how acclimation, developmental different genus than yellowtail plasticity, and adaptation can alleviate damselfish and all are found in the rate. These data do not provide reliable information for conclusions about the temperature-related physiological Pacific Ocean. The four damselfish in impacts. All but one of these studies the Ferrari et al. (2011) study were response of the yellowtail damselfish, much less a population-level response were single generation studies and did specifically selected to compare similar not evaluate trans-generational species response to carbon dioxide in that might occur if the carbon dioxide levels tested are eventually reached. plasticity for any species to determine if order to predict ecological impacts on the species are able to adapt or marine communities. The Finally, Ferrari et al. (2011) note that their experimental results may represent acclimate to new environmental concentrations of carbon dioxide tested conditions over time. In fact, the one ranged from those similar to recent a worst case scenario in that it assumes absence of adaptation. We do not have study that did (Donelson et al., 2011) atmospheric concentrations (390 ppm) found that ‘‘complete compensation in information in our files, and we are not to those representing highly elevated aerobic scope occurred when both aware of any literature, indicating (700 and 850 ppm) atmospheric levels. parents and offspring were reared increased carbon dioxide levels have This was accomplished by placing throughout their lives at elevated reduced fitness of any western Atlantic juveniles collected in traps into 35 L temperature. Such acclimation could damselfish, or that increased levels may rearing aquariums that were either reduce the impact of warming pose an extinction risk that is cause for aerated with 390 ppm (current-day temperatures and allow populations to ± ± concern for yellowtail damselfish. control), 728 88, or 1008 78 ppm persist across their current range. This ± (mean SD) carbon dioxide enriched air The petition also states that elevated study reveals the importance of trans- (Munday et al., 2009; Dixson et al., sea surface temperatures ‘‘can influence generational (across generations) 2010) creating environments with 700 the physiological condition, acclimation as a mechanism for coping and 850 ppm CO2 (see Munday et al. developmental rate, growth rate, early with rapid climate change and (2010) for more details). While Ferrari et life history traits, and reproductive highlights that single generation studies al. (2011) predicted the difference in performance of coral reef fishes, all of risk underestimating the potential of behavioral response in the lab would which can affect their population species to cope.’’ The petition does not translate into differential survival in the dynamics, community structure, and provide any information about the field, the ‘‘four congeneric species geographical distributions,’’ citing aerobic scope of yellowtail damselfish, showed striking and unexpected Nilsson et al. (2009). We reviewed nor do we have any information in our variation in CO2 tolerance.’’ The Nilsson et al. (2009) and found the files. Therefore, we do not believe antipredator responses were reduced at results show physiological responses to Nilsson et al. (2009), Donelson et al. the 700 ppm level, but did not changes in water temperature. Nilsson (2011), and Johansen and Jones (2011), disappear, while at the 850 ppm level, et al. (2009) examined the capacity of are reliable sources for the premise that three out of four species did not show five species of marine fish to perform elevated sea temperatures will affect the an adaptive antipredator response, and aerobically (aerobic scope). They found physiological response of yellowtail the fourth maintained an antipredator that all five species exhibited a decline damselfish to the extent it poses an response similar to the response level of in aerobic capacity at elevated water extinction risk of concern to the species. the 700 ppm exposure. Additionally, all temperatures (31, 32, or 33 °C) Results from a study by Munday et al. fish displayed antipredator responses to compared to the control (29 °C); the (2008) are also included in the petition odors from injured conspecifics, which three damselfish species tested retained to indicate how larval growth rates and is considered a reliable cue of general over half their aerobic scope at 33 °C, recruitment of some reef fishes can predation risk (Ferrari et al., 2010). The while all capacity for additional oxygen increase with warmer water. Munday et
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al. (2008) documented high variability Finding sending a written request to: 55 Great in response at both the individual and After reviewing the information Republic Drive, Gloucester, MA 01930, species level. Many coral reef fishes contained in the petition, as well as Attn: Brett Alger. have geographical ranges spanning a information readily available in our FOR FURTHER INFORMATION CONTACT: wide temperature gradient and some files, we conclude the petition does not Brett Alger, Fishery Management have short generation times. These present substantial scientific or Specialist, (978) 675–2153, fax (978) characteristics are conducive to commercial information indicating that 281–9135, email Brett.Alger@ acclimation or local adaptation to listing the yellowtail damselfish as NOAA.gov. climate change and provide potential for either an endangered species or as a more resilient species to persist SUPPLEMENTARY INFORMATION: threatened species may be warranted. (Munday et al., 2008). Amendment 16 (75 FR 18262; April 9, Thus, we conclude the petition did References Cited 2010) to the Northeast Multispecies Fishery Management Plan (FMP) not explain, nor do we have information A complete list of all references is in our files explaining, how expanded the sector management available on our Web site: http:// physiological effects of elevated carbon program, including requirements to sero.nmfs.noaa.gov/protected_ dioxide or elevated temperature would ensure accurate monitoring of sector at- resources/listing_petitions/species_esa_ have negative effects on yellowtail sea catch and dockside landings, and consideration/index.html . damselfish. As we have noted, many of common pool dockside landings. the references presented by the petition Authority Framework Adjustment 48 to the FMP (Framework 48, 78 FR 26118, May 3, show highly variable physiological The authority for this action is the responses by individuals and species to 2013) revised the goals and objectives Endangered Species Act of 1973, as for sector monitoring programs. various stimuli (elevated carbon dioxide amended (16 U.S.C. 1531 et seq.). or increased temperatures) and no Dated: February 11, 2015. Standards for Approving At-Sea reliable inference to yellowtail Monitoring Service Providers damselfish population responses can be Samuel D. Rauch, III, drawn. We conclude the petition does Deputy Assistant Administrator for Regulations at 50 CFR 648.87(b)(4) not provide reliable support for the Regulatory Programs, National Marine describe the criteria for NMFS approval premise that the effects of ocean Fisheries Service. of at-sea monitoring service providers. warming or ocean acidification may be [FR Doc. 2015–03326 Filed 2–17–15; 8:45 am] NMFS is approving service providers for posing extinction risk that is cause for BILLING CODE 3510–22–P fishing year 2015 (beginning May 1, concern for yellowtail damselfish. 2015) based on: (1) Completeness of In summary, we conclude the applications, (2) determination of the petitions’ characterization of ocean DEPARTMENT OF COMMERCE applicant’s ability to perform the duties acidification and ocean warming as and responsibilities of a sector posing negative fitness consequences to National Oceanic and Atmospheric monitoring service provider, and (3) be broad statements of generalized Administration performance as NMFS-funded providers threats and do not indicate that ocean RIN 0648–XD710 in fishing year 2014. NE multispecies acidification and ocean warming sectors are required to design and directly threaten the survival or pose Magnuson-Stevens Act Provisions; implement independent, third-party at- extinction risk that is cause for concern Fisheries of the Northeastern United sea monitoring programs in fishing year to the yellowtail damselfish. Therefore, States; Northeast Multispecies 2015, and are responsible for the costs we conclude the petition does not Fishery; Approved Monitoring Service of these monitoring requirements, present substantial scientific or Providers unless otherwise instructed by NMFS. commercial information indicating the For fishing year 2014, NMFS petitioned action may be warranted due AGENCY: National Marine Fisheries approved A.I.S., Inc.; East West to other natural or manmade factors. Service (NMFS), National Oceanic and Technical Services, LLC; MRAG Atmospheric Administration (NOAA), Americas, Inc.; Fathom Research, LLC; Synergistic threats Commerce. and ACD USA Ltd. as service providers Additionally, we do not find that the ACTION: Notice, approved monitoring based on the completeness of their combination of proposed threats to service providers. application, addressing the regulatory yellowtail damselfish poses extinction requirements (§ 648.87(b)(4)(i)), risk that is cause for concern for SUMMARY: NMFS has approved five determination of ability, and yellowtail damselfish. The proposed companies to provide at-sea monitoring performance during previous fishing threat from loss of habitat or habitat services to Northeast multispecies years. Once approved, providers must degradation is overstated because not all vessels in fishing year 2015. Regulations document having met performance coral species are highly vulnerable to implementing Amendment 16 to the requirements in order to maintain the threats associated with global Northeast Multispecies Fishery eligibility (§ 648.87(b)(4)(ii)). NMFS can climate change, some coral species will Management Plan require third-party at- disapprove any previously approved survive, and yellowtail damselfish are sea monitoring service providers to service provider during the fishing year capable of habitat adaptations in apply to, and be approved by, NMFS in if the service provider in question response to changes in composition of a manner consistent with the ceases to meet the performance coral species on reefs; harvest of the Administrative Procedure Act in order standards. NMFS must notify service species is minimal; and physiological to be eligible to provide at-sea providers of disapproval in writing. responses to increased carbon dioxide monitoring services to sectors. levels and sea temperature vary widely. ADDRESSES: Copies of the list of NMFS- Approved Monitoring Service Providers Therefore, we do not believe these approved sector monitoring service NMFS received complete applications proposed threats act synergistically on providers are available at http:// from five companies interested in yellowtail damselfish to pose extinction www.greateratlantic.fisheries.noaa.gov/ providing at-sea monitoring services in risk that is cause for concern. sustainable/species/multispecies/ or by fishing year 2015; these were the same
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five approved in fishing year 2014. The eligible to provide at-sea monitoring requirements and applicable Regional Administrator has approved services in fishing year 2015 because performance standards: the following service providers as they have met the application
TABLE 1—APPROVED FISHING YEAR 2015 PROVIDERS
Provider name Address Phone Fax Website
ACD USA Ltd...... 4 Parker St., 2nd Floor, Gloucester, MA 902–422–4745 902–422–9780 .. www.atlanticcatchdata.ca. 01930. A.I.S., Inc...... 89 N. Water St., P.O. Box 2093, New Bed- 508–990–9054 508–990–9055 aisobservers.com. ford, MA 02741. East West Technical 86 Mumford Rd., Narragansett, RI 02882 ..... 860–910–4957 .. 860–223–6005 www.ewts.com. Services, LLC. Fathom Research, 1213 Purchase St., New Bedford, MA 02740 508–990–0997 508–991–7372 www.fathomresearchllc.com. LLC. MRAG Americas, Inc. 65 Eastern Ave., Unit B2C, Essex, MA 978–768–3880 .. 978–768–3878 www.mragamericas.com. 01929.
Authority: 16 U.S.C. 1801 et seq. OR 97220. Instructions for attending the this order. Agenda items noted as Dated: February 12, 2015. meeting via live stream broadcast are ‘‘(Final Action)’’ refer to actions Alan D. Risenhoover, given under SUPPLEMENTARY requiring the Council to transmit a INFORMATION Director, Office of Sustainable Fisheries, , below. proposed fishery management plan, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: Dr. proposed plan amendment, or proposed regulations to the Secretary of [FR Doc. 2015–03273 Filed 2–17–15; 8:45 am] Donald O. McIsaac, Executive Director; Commerce, under Sections 304 or 305 of BILLING CODE 3510–22–P telephone: (503) 820–2280 or (866) 806– 7204 toll free; or access the Pacific the Magnuson-Stevens Fishery Council Web site, http:// Conservation and Management Act. DEPARTMENT OF COMMERCE www.pcouncil.org for the current Additional detail on agenda items, meeting location, proposed agenda, and Council action, and meeting rooms, is National Oceanic and Atmospheric meeting briefing materials. described in Agenda Item A.4, Proposed Administration SUPPLEMENTARY INFORMATION: The Council Meeting Agenda, and will be in the advance March 2015 briefing RIN 0648–XD774 March 8–12, 2015 meeting of the Pacific Fishery Management Council will be materials and posted on the Council Pacific Fishery Management Council; streamed live on the internet. The live Web site www.pcouncil.org. Public Meetings meeting will be broadcast daily starting A. Call to Order at 9 a.m. Pacific Time (PT) beginning on AGENCY: 1. Opening Remarks National Marine Fisheries Sunday, March 8, 2015 through 2. Roll Call Service (NMFS), National Oceanic and Thursday, March 12, 2015. The 3. Executive Director’s Report Atmospheric Administration (NOAA), broadcast will end daily at 6 p.m. PT or 4. Approve Agenda Commerce. when business for the day is complete. ACTION: Notice of public meetings. Only the audio portion, and portions of B. Open Comment Period the presentations displayed on the SUMMARY: The Pacific Fishery 1. Comments on Non-Agenda Items screen at the Council meeting, will be Management Council (Pacific Council) broadcast. The audio portion is listen- C. Enforcement Issues and its advisory entities will hold only; you will be unable to speak to the public meetings. 1. Annual U.S. Coast Guard Fishery Council via the broadcast. Join the Enforcement Report DATES: The Pacific Council and its meeting by visiting this link http:// advisory entities will meet March 6–12, www.joinwebinar.com, enter the D. Habitat 2015. The Pacific Council meeting will Webinar ID for this meeting, which is 1. Current Habitat Issues begin on Sunday, March 8, 2015 at 8 138–252–315 and enter your email a.m., reconvening each day through address as required. It is recommended E. Ecosystem Management Thursday, March 12, 2015. All meetings that you use a computer headset as 1. California Current Ecosystem Report are open to the public, except a closed GoToMeeting allows you to listen to the Including Integrated Ecosystem session will be held at 8 a.m. on meeting using your computer headset Assessment Sunday, March 8 to address litigation and speakers. If you do not have a 2. Review of Fishery Ecosystem Plan and personnel matters. The Pacific headset and speakers, you may use your Initiatives Council will meet as late as necessary telephone for the audio portion of the 3. NMFS Climate Science Strategy each day to complete its scheduled meeting by dialing this TOLL number Update business. 1–480–297–0021 (not a toll free 4. Unmanaged Forage Fish Protection ADDRESSES: Meetings of the Council and number); entering the phone audio Final Action (Final Action) its advisory entities will be held at the access code 326–426–740; and then Hilton Vancouver Washington, 301 W. entering your Audio Pin which will be F. Salmon Management 6th Street, Vancouver, WA 98660; shown to you after joining the webinar. 1. National Marine Fisheries Service telephone: (360) 993–4500. The webinar is broadcast in listen only Report Council Address: Pacific Fishery mode. 2. Review of 2014 Fisheries and Management Council, 7700 NE The following items are on the Pacific Summary of 2015 Stock Abundance Ambassador Place, Suite 101, Portland, Council agenda, but not necessarily in Forecasts
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3. Identification of Management Salmon Advisory Subpanel 8 a.m. and any issues arising after publication Objectives and Preliminary Definition Salmon Technical Team 8 a.m. of this notice that require emergency of 2015 Salmon Management Enforcement Consultants 3 p.m. action under Section 305(c) of the Alternatives (Final Action) Tribal Policy Group Ad hoc Magnuson-Stevens Fishery 4. Council Recommendations for 2015 Tribal and Washington Technical Group Conservation and Management Act, Management Alternative Analysis Ad hoc provided the public has been notified of 5. Further Council Direction for 2015 the Council’s intent to take final action Day 4—Monday, March 9, 2015 Management Alternatives to address the emergency. 6. Adoption of 2015 Management California State Delegation 7 a.m. Special Accommodations Alternatives for Public Review Oregon State Delegation 7 a.m. These meetings are physically 7. Salmon Hearings Officers Washington State Delegation 7 a.m. accessible to people with disabilities. Highly Migratory Species Advisory G. Pacific Halibut Management Requests for sign language Subpanel 8 a.m. interpretation or other auxiliary aids 1. Report on the International Pacific Highly Migratory Species Management should be directed to Carolyn Porter at Halibut Commission (IPHC) Meeting Team 8 a.m. (503) 820–2280 at least 5 days prior to 2. Incidental Catch Recommendations Salmon Advisory Subpanel 8 a.m. the meeting date. for the Salmon Troll and Fixed Gear Salmon Technical Team 8 a.m. Dated: February 11, 2015. Sablefish Fisheries (Final Action for Enforcement Consultants Ad hoc Sablefish) Tribal Policy Group Ad hoc Tracey L. Thompson, Tribal and Washington Technical Group Acting Deputy Director, Office of Sustainable H. Highly Migratory Species Ad hoc Fisheries, National Marine Fisheries Service. Management [FR Doc. 2015–03204 Filed 2–17–15; 8:45 am] 1. National Marine Fisheries Service Day 5—Tuesday, March 10, 2015 BILLING CODE 3510–22–P Report California State Delegation 7 a.m. 2. Recommendations for International Oregon State Delegation 7 a.m. Management Activities Including US- Washington State Delegation 7 a.m. DEPARTMENT OF COMMERCE Canada Albacore Treaty Area Fishery Highly Migratory Species Advisory National Oceanic and Atmospheric Update Subpanel 8 a.m. Administration 3. Final Exempted Fishing Permit Highly Migratory Species Management Approval (Final Action) Team 8 a.m. RIN 0648–XD757 4. Drift Gillnet Management and Salmon Advisory Subpanel 8 a.m. Monitoring Plan Including Final Salmon Technical Team 8 a.m. Nominations to the Marine Mammal Action on Hard Caps (Final Action) Enforcement Consultants Ad hoc Scientific Review Groups Tribal Policy Group Ad hoc I. Administrative Matters AGENCY: National Marine Fisheries Tribal and Washington Technical Group Service (NMFS), National Oceanic and 1. Legislative Matters Ad hoc 2. National Marine Fisheries Service Atmospheric Administration (NOAA), West Coast Region Strategic Plan Day 6—Wednesday, March 11, 2015 Commerce. Update California State Delegation 7 a.m. ACTION: Notice; request for nominations. 3. Approval of Council Meeting Minutes Oregon State Delegation 7 a.m. SUMMARY: As required by the Marine 4. Membership Appointments and Washington State Delegation 7 a.m. Council Operating Procedures Mammal Protection Act (MMPA), the Highly Migratory Species Advisory Secretary of Commerce established three 5. Future Council Meeting Agenda and Subpanel 8 a.m. Workload Planning independent regional Scientific Review Highly Migratory Species Management Groups (SRGs) to provide advice on a Schedule of Ancillary Meetings Team 8 a.m. range of marine mammal science and Salmon Advisory Subpanel 8 a.m. management issues. NMFS has Day 1—Friday, March 6, 2015 Salmon Technical Team 8 a.m. conducted a membership review of the Enforcement Consultants Ad hoc Habitat Committee 8:30 a.m. Alaska, Atlantic, and Pacific SRGs and Tribal Policy Group Ad hoc Coastal Pelagic Species Subcommittee is soliciting nominations for new Tribal and Washington Technical Group of the Scientific and Statistical Members to fill vacancies on the Ad hoc Committee 10 a.m. Atlantic and Pacific SRGs. Nominees Day 2—Saturday, March 7, 2015 Day 7—Thursday, March 12, 2015 should possess demonstrable expertise California State Delegation 7 a.m. in the areas specified below, be able to Scientific and Statistical Committee 8 conduct thorough scientific reviews of a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. marine mammal science, and be able to Ecosystem Advisory Subpanel 8 a.m. fulfill the necessary time commitments Legislative Committee 1 p.m. Salmon Advisory Subpanel 8 a.m. Salmon Technical Team 8 a.m. associated with a thorough review of Day 3—Sunday, March 8, 2015 Enforcement Consultants Ad hoc documents and attendance at one annual meeting. California State Delegation 7 a.m. Tribal Policy Group Ad hoc Oregon State Delegation 7 a.m. Tribal and Washington Technical Group DATES: Nominations must be received Washington State Delegation 7 a.m. Ad hoc by March 20, 2015. Ecosystem Advisory Subpanel 8 a.m. Although non-emergency issues not ADDRESSES: Nominations should be sent Highly Migratory Species Advisory contained in this agenda may come to: Chief, Marine Mammal and Sea Subpanel 8 a.m. before this Council for discussion, those Turtle Conservation Division, Office of Highly Migratory Species Management issues may not be the subject of formal Protected Resources, National Marine Team 8 a.m. Council action during these meetings. Fisheries Service, 1315 East-West Scientific and Statistical Committee 8 Council action will be restricted to those Highway, Silver Spring, MD 20910– a.m. issues specifically listed in this notice 3226, Attn: SRGs.
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FOR FURTHER INFORMATION CONTACT: (E) The actual, expected, or potential Quantitative ecology; habitat modeling; Shannon Bettridge, Office of Protected impacts of habitat destruction, population dynamics; fisheries gear/ Resources, 301–427–8402, including marine pollution and natural techniques, particularly of Hawaiian [email protected]; or Seth environmental change, on specific and Pacific Islands fisheries; Hawaii and Sykora-Bodie, Office of Protected marine mammal species or stocks, and Pacific Islands ecology; marine mammal Resources, 301–427–8409, Seth.Sykora- for strategic stocks, appropriate genetics; passive acoustics; marine [email protected]. Information about the conservation or management measures mammal population structure; SRGs is available via the Internet at to alleviate any such impacts; and abundance estimation (including line http://www.nmfs.noaa.gov/pr/sars/ (F) Any other issue which the transect methods, mark-recapture group.htm. Secretary or the groups consider methods, and quantitative bycatch appropriate. SUPPLEMENTARY INFORMATION: Section estimation). SRG Members collectively serve as NMFS is not seeking nominations for 117(d) of the Marine Mammal independent advisors to NMFS and the Protection Act (MMPA) (16 U.S.C. the Alaska SRG in this solicitation. U.S. Fish and Wildlife Service and Nominations for new Members should 1386(d)) directs the Secretary of provide their expert review and be accompanied by the individual’s Commerce to establish three recommendations through participation curriculum vitae and detailed independent regional Scientific Review in the SRG. Members attend meetings information regarding (a) how the Groups (SRGs) to advise the Secretary and undertake activities as independent recommended person meets the (authority delegated to the National persons providing expertise in their minimum selection criteria for SRG Marine Fisheries Service (NMFS)). The subject areas. Members are not Members, (b) how the recommended Alaska SRG advises on marine appointed as representatives of person would augment existing mammals that occur in waters off professional organizations or particular expertise or bring needed expertise to Alaska that are under the jurisdiction of stakeholder groups, including the group, and (c) how the the United States. The Pacific SRG government entities, and are not recommended person’s participation on advises on marine mammals that occur permitted to represent or advocate for the SRG would contribute to achieving in waters off the Pacific coast, Hawaiian those organizations, groups or entities a balanced representation of viewpoints. Islands and the U.S. Territories in the during SRG meetings, discussions and Self-nominations are acceptable. The Central and Western Pacific that are deliberations. following contact information should under the jurisdiction of the United NMFS has developed terms of accompany each nomination: nominee’s States. The Atlantic SRG advises on reference for the SRGs, which state that name, address, telephone number, and marine mammals that occur in waters the agency will annually review the email address. off the Atlantic coast, Gulf of Mexico, expertise available on the SRG and When reviewing nominations, NMFS and U.S. Territories in the Caribbean identify gaps in expertise needed to will consider the following criteria: that are under the jurisdiction of the provide advice pursuant to section (1) Ability to make time available for United States. 117(d) of the MMPA. In conducting the the purposes of the SRG; The SRGs meet annually. Prior to the reviews, NMFS will continue to attempt (2) Knowledge of the species (or meetings, SRG Members review draft to achieve, to the maximum extent closely related species) of marine stock assessment reports and other practicable, a balanced representation of mammals in the SRG’s region; relevant documents. SRGs comprise viewpoints among the individuals on (3) Scientific or technical highly-qualified individuals with each SRG. NMFS has conducted a achievement in a relevant discipline, expertise in marine mammal biology review of the expertise available on the which may include ecology, life history, and ecology, population dynamics and three SRGs and has identified gaps. fishing technology and practices, modeling, commercial fishing NMFS is now soliciting nominations for biology, genetics, resource management, technology and practices, and stocks individuals with the following or biological modeling, to be considered taken under section 101(b) of the expertise. an expert peer reviewer for the topic; MMPA. The SRGs provide expert For the Atlantic SRG (including (4) Demonstrated experience working reviews of draft marine mammal stock waters off the Atlantic coast, Gulf of effectively on teams; assessment reports and other Mexico, and U.S. Territories in the (5) Expertise relevant to current and information related to the matters Caribbean), NMFS seeks individuals expected needs of the SRG, in identified in section 117(d)(1) of the with expertise in one or more of the particular, expertise required to provide MMPA, including: following areas (in no particular order of adequate review and knowledgeable (A) Population estimates and the priority): Quantitative ecology; habitat feedback on current or developing stock population status and trends of marine modeling; population dynamics; assessment issues, techniques, etc. In mammal stocks; statistical analyses; passive acoustics; practice, this means that each Member (B) Uncertainties and research needed abundance estimation (including line should have expertise in more than one regarding stock separation, abundance, transect methods, mark-recapture topic as the species and scientific issues or trends, and factors affecting the methods, quantitative bycatch discussed in SRG meetings are diverse; distribution, size, or productivity of the estimation, and/or survey design); and and stock; fisheries gear/techniques, with (6) No conflict of interest with respect (C) Uncertainties and research needed particular emphasis on pot/trap and to their duties as a member of the SRG. regarding the species, number, ages, gillnet fisheries along the Atlantic coast A Scientific Review Group Member gender, and reproductive status of and in Gulf of Mexico fisheries. cannot be a registered Federal lobbyist. marine mammals; For the Pacific SRG (including waters Membership is voluntary and, except for (D) Research needed to identify off the Pacific coast, Hawaiian Islands reimbursable travel and related modifications in fishing gear and and the U.S. Territories in the Central expenses, service is without pay. The practices likely to reduce the incidental and Western Pacific), NMFS seeks terms of reference specify that the term mortality and serious injury of marine individuals with expertise in one or of service for SRG Members is three mammals in commercial fishing more of the following areas (in no years and Members may serve up to operations; particular order of priority): three consecutive terms. Nominations
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should be sent to (see ADDRESSES) and 3506(c)(2)(A)), provides the general Dated: February 11, 2015. must be received by March 20, 2015. public and Federal agencies with an Kate Mullan, Dated: February 11, 2015. opportunity to comment on proposed, Acting Director, Information Collection Perry Gayaldo, revised, and continuing collections of Clearance Division, Privacy, Information and information. This helps the Department Records Management Services, Office of Deputy Director, Office of Protected Management. Resources, National Marine Fisheries Service. assess the impact of its information collection requirements and minimize [FR Doc. 2015–03185 Filed 2–17–15; 8:45 am] [FR Doc. 2015–03196 Filed 2–17–15; 8:45 am] the public’s reporting burden. It also BILLING CODE 4000–01–P BILLING CODE 3510–22–P helps the public understand the Department’s information collection requirements and provide the requested DEPARTMENT OF EDUCATION DEPARTMENT OF EDUCATION data in the desired format. ED is [Docket No.: ED–2015–ICCD–0011] [Docket No.: ED–2014–ICCD–0159] soliciting comments on the proposed information collection request (ICR) that Agency Information Collection Agency Information Collection is described below. The Department of Activities; Comment Request; Activities; Submission to the Office of Education is especially interested in Assurance of Compliance—Civil Management and Budget for Review public comment addressing the Rights Certificate and Approval; Comment Request; following issues: (1) is this collection Comprehensive Transition Programs necessary to the proper functions of the AGENCY: Office of Civil Rights (OCR), for Students With Intellectual Department; (2) will this information be Department of Education (ED). Disabilities Expenditure Report processed and used in a timely manner; ACTION: Notice (3) is the estimate of burden accurate; AGENCY: Federal Student Aid (FSA), SUMMARY: In accordance with the (4) how might the Department enhance Department of Education (ED). Paperwork Reduction Act of 1995 (44 the quality, utility, and clarity of the U.S.C. chapter 3501 et seq.), ED is ACTION: Notice. information to be collected; and (5) how proposing an extension of an existing might the Department minimize the SUMMARY: In accordance with the information collection. burden of this collection on the Paperwork Reduction Act of 1995 (44 DATES: Interested persons are invited to U.S.C. 3501 et seq.), ED is proposing an respondents, including through the use of information technology. Please note submit comments on or before April 20, extension of an existing information 2015. collection. that written comments received in response to this notice will be ADDRESSES: Comments submitted in DATES: Interested persons are invited to considered public records. response to this notice should be submit comments on or before March Title of Collection: Comprehensive submitted electronically through the 20, 2015. Transition Programs for Students with Federal eRulemaking Portal at http:// ADDRESSES: Comments submitted in Intellectual Disabilities Expenditure www.regulations.gov by selecting response to this notice should be Report Docket ID number ED–2015–ICCD–0011 submitted electronically through the OMB Control Number: 1845–0113 or via postal mail, commercial delivery, Federal eRulemaking Portal at http:// Type of Review: An extension of an or hand delivery. If the regulations.gov www.regulations.gov by selecting existing information collection. site is not available to the public for any Docket ID number ED–2014–ICCD–0159 Respondents/Affected Public: Private reason, ED will temporarily accept or via postal mail, commercial delivery, Sector, State, Local and Tribal comments at [email protected]. or hand delivery. If the regulations.gov Governments. Please note that comments submitted by site is not available to the public for any Total Estimated Number of Annual fax or email and those submitted after reason, ED will temporarily accept Responses: 34. the comment period will not be comments at [email protected]. Total Estimated Number of Annual accepted; ED will ONLY accept Please note that comments submitted by Burden Hours: 68. comments during the comment period fax or email and those submitted after Abstract: The Higher Education in this mailbox when the regulations.gov the comment period will not be Opportunity Act, Pub. L. 110–315, site is not available. Written requests for accepted; ED will ONLY accept added provisions for the Higher information or comments submitted by comments during the comment period Education Act of 1965, as amended, in postal mail or delivery should be in this mailbox when the regulations.gov section 750 and 766 that enable eligible addressed to the Director of the site is not available. Written requests for students with intellectual disabilities to Information Collection Clearance information or comments submitted by receive Federal Pell Grant, Federal Division, U.S. Department of Education, postal mail or delivery should be Supplemental Educational Opportunity 400 Maryland Avenue SW., LBJ, addressed to the Director of the Grant, and Federal Work Study funds if Mailstop L–OM–2–2E319, Room 2E115, Information Collection Clearance they are enrolled in an approved Washington, DC 20202. Division, U.S. Department of Education, program. The Comprehensive Transition FOR FURTHER INFORMATION CONTACT: For 400 Maryland Avenue SW., LBJ, Programs (CTP) for Students with specific questions related to collection Mailstop L–OM–2–2E319, Room 2E103, Intellectual Disabilities expenditure activities, please contact Elizabeth Washington, DC 20202. report is the tool for reporting the use Weigman, (901) 604–9330. FOR FURTHER INFORMATION CONTACT: For of these specific funds. The data will be SUPPLEMENTARY INFORMATION: The specific questions related to collection used by the Department to monitor Department of Education (ED), in activities, please contact Tammy Gay, program effectiveness and accordance with the Paperwork 816–268–0432. accountability of fund expenditures. Reduction Act of 1995 (PRA) (44 U.S.C. SUPPLEMENTARY INFORMATION: The The data is used in conjunction with 3506(c)(2)(A)), provides the general Department of Education (ED), in institutional program reviews to assess public and Federal agencies with an accordance with the Paperwork the administrative capability and opportunity to comment on proposed, Reduction Act of 1995 (PRA) (44 U.S.C. compliance of the applicant. revised, and continuing collections of
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information. This helps the Department DEPARTMENT OF EDUCATION requirements and provide the requested assess the impact of its information data in the desired format. ED is [Docket No.: ED–2014–ICCD–0147] collection requirements and minimize soliciting comments on the proposed the public’s reporting burden. It also Agency Information Collection information collection request (ICR) that helps the public understand the Activities; Submission to the Office of is described below. The Department of Department’s information collection Management and Budget for Review Education is especially interested in requirements and provide the requested and Approval; Comment Request; public comment addressing the data in the desired format. ED is Teacher Education Assistance for following issues: (1) Is this collection soliciting comments on the proposed College and Higher Education Grant necessary to the proper functions of the information collection request (ICR) that Program (TEACH Grant Program) Department; (2) will this information be is described below. The Department of Agreement to Serve processed and used in a timely manner; Education is especially interested in (3) is the estimate of burden accurate; public comment addressing the AGENCY: Federal Student Assistance following issues: (1) Is this collection (FSA), Department of Education (ED). (4) how might the Department enhance the quality, utility, and clarity of the necessary to the proper functions of the ACTION: Notice. Department; (2) will this information be information to be collected; and (5) how processed and used in a timely manner; SUMMARY: In accordance with the might the Department minimize the (3) is the estimate of burden accurate; Paperwork Reduction Act of 1995 (44 burden of this collection on the (4) how might the Department enhance U.S.C. chapter 3501 et seq.), ED is respondents, including through the use the quality, utility, and clarity of the proposing a revision of an existing of information technology. Please note information to be collected; and (5) how information collection. that written comments received in might the Department minimize the DATES: Interested persons are invited to response to this notice will be burden of this collection on the submit comments on or before March considered public records. respondents, including through the use 20, 2015. Title of Collection: Teacher Education of information technology. Please note ADDRESSES: Comments submitted in Assistance for College and Higher that written comments received in response to this notice should be Education Grant Program (TEACH Grant response to this notice will be submitted electronically through the Program) Agreement to Serve. considered public records. Federal eRulemaking Portal at http:// Title of Collection: Assurance of www.regulations.gov by selecting OMB Control Number: 1845–0083. Compliance—Civil Rights Certificate. Docket ID number ED–2014–ICCD–0147 Type of Review: A revision of an OMB Control Number: 1870–0503. or via postal mail, commercial delivery, existing information collection. Type of Review: An extension of an or hand delivery. If the regulations.gov Respondents/Affected Public: Teacher existing information collection. site is not available to the public for any Respondents/Affected Public: Private Education Assistance for College and reason, ED will temporarily accept Sector, State, Local or Tribal Higher Education Grant Program comments at [email protected]. Governments. (TEACH Grant Program) Agreement to Please note that comments submitted by Total Estimated Number of Annual Serve. Responses: 25. fax or email and those submitted after Total Estimated Number of Annual the comment period will not be Total Estimated Number of Annual Burden Hours: 4. accepted; ED will ONLY accept Responses: 34,116. Abstract: The Office for Civil Rights comments during the comment period Total Estimated Number of Annual (OCR) has enforcement responsibilities in this mailbox when the regulations.gov Burden Hours: 17,058. site is not available. Written requests for under several civil rights laws, Abstract: As a condition for receiving including Title VI, Title IX, Section 504, information or comments submitted by a TEACH Grant, a student must sign an the Age Discrimination Act, and the Boy postal mail or delivery should be Agreement to Serve. A new Agreement Scouts of America Equal Access Act. To addressed to the Director of the meet these responsibilities, OCR collects Information Collection Clearance to Serve must be signed for each award assurances of compliance from Division, U.S. Department of Education, year during which a student wishes to applicants for Federal financial 400 Maryland Avenue SW., LBJ, receive a TEACH Grant. By signing the assistance from, and applicants for Mailstop L–OM–2–2E319, Room 2E103, Agreement to Serve, a TEACH Grant funds made available through, the Washington, DC 20202. recipient agrees to meet the teaching Department of Education, as required by FOR FURTHER INFORMATION CONTACT: For service obligation and other terms and regulations. These entities include, for specific questions related to collection conditions of the TEACH Grant Program example, State educational agencies, activities, please contact Jon Utz, 202– that are described in the Agreement to local education agencies, and 377–4040. Service. In accordance with these terms postsecondary educational institutions. SUPPLEMENTARY INFORMATION: The and conditions, if a TEACH Grant If a recipient violates one or more of Department of Education (ED), in recipient does not fulfill the required these civil rights laws, OCR and the accordance with the Paperwork teaching service obligation or otherwise Department of Justice can used the Reduction Act of 1995 (PRA) (44 U.S.C. fails to meet the requirements of the signed assurances of compliance in an 3506(c)(2)(A)), provides the general TEACH Grant Program, any TEACH enforcement proceeding. public and Federal agencies with an Grant funds the individual received will Dated: February 12, 2015. opportunity to comment on proposed, be converted to a Direct Unsubsidized Tomakie Washington, revised, and continuing collections of Loan that the grant recipient must repay Acting Director, Information Collection information. This helps the Department in full, with interest. The Agreement to Clearance Division, Privacy, Information and assess the impact of its information Serve also explains the repayment terms Records Management Services, Office of collection requirements and minimize and conditions that will apply if a Management. the public’s reporting burden. It also TEACH Grant is converted to a Direct [FR Doc. 2015–03288 Filed 2–17–15; 8:45 am] helps the public understand the Unsubsidized Loan. BILLING CODE 4000–01–P Department’s information collection
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Dated: February 12, 2015. to serve a copy of that document on All interested individuals, Kate Mullan, each person on the official service list organizations, and agencies are invited Acting Director, Information Collection for the project. Further, if an intervenor to attend one or both of the meetings, Clearance Division, Privacy, Information and files comments or documents with the and to assist the staff in identifying the Records Management Services, Office of Commission relating to the merits of an scope of the environmental issues that Management. issue that may affect the responsibilities should be analyzed in the EA. The times [FR Doc. 2015–03281 Filed 2–17–15; 8:45 am] of a particular resource agency, they and locations of these meetings are as BILLING CODE 4000–01–P must also serve a copy of the document follows: on that resource agency. k. This application is not ready for Agency Scoping Meeting DEPARTMENT OF ENERGY environmental analysis at this time. DATE: Thursday, March 26, 2015. l. The proposed project would utilize TIME: 9:00 a.m. (EDT). Federal Energy Regulatory the existing Corps’ Demopolis Lock and PLACE: Demopolis Civic Center. Commission Dam and Reservoir, and would consist ADDRESS: 501 N. Commissioner’s of the following new facilities: (1) A Avenue, Demopolis, AL 36732. [Project No. 13102–003] 900-foot-long excavated intake channel Public Scoping Meeting Birch Power Company; Notice of (headrace); (2) two 60-foot-long by 32- Scoping Meetings and Environmental foot-wide trash racks with 2.5-inch bar DATE: Thursday, March 26, 2015. TIME: 7:00 p.m. (EDT). Site Review and Soliciting Scoping spacing; (3) a 201-foot-long by 80-foot- PLACE: Demopolis Civic Center. Comments wide powerhouse containing two 24- megawatt (MW) Kaplan turbines, having ADDRESS: 501 N. Commissioner’s Take notice that the following a total installed capacity of 48 MW; (4) Avenue, Demopolis, AL 36732. hydroelectric application has been filed a substation; (5) a forebay oxygen Copies of the Scoping Document with the Commission and is available diffuser line system to enhance (SD1) outlining the subject areas to be for public inspection. dissolved oxygen; (6) a 1,880-foot-long addressed in the EA were distributed to a. Type of Application: Original excavated tailrace channel; (7) a 1,700- the parties on the Commission’s mailing License (Major Project). foot-long retaining wall along the north list. Copies of the SD1 will be available b. Project No.: 13102–003. side of tailrace channel; (8) a 4.4-mile- at the scoping meeting or may be c. Date Filed: July 2, 2013. long, 115-kilovolt transmission line; and viewed on the web at http:// d. Applicant: Birch Power Company. (9) appurtenant facilities. The average www.ferc.gov using the ‘‘eLibrary’’ link e. Name of Project: Demopolis Lock annual generation would be about (see item m above). and Dam Hydroelectric Project. 213,000 megawatt-hours. Environmental Site Review f. Location: At the U.S. Army Corps of m. A copy of the application is Engineers’ (Corps) Demopolis Lock and available for review at the Commission The Applicant and FERC staff will Dam, on theTombigbee River, west of in the Public Reference Room or may be conduct a project Environmental Site the city of Demopolis in Marengo and viewed on the Commission’s Web site at Review. The time and location of this Sumter Counties, Alabama. The http://www.ferc.gov using the meeting is as follows: proposed project would occupy ‘‘eLibrary’’ link. Enter the docket PROJECT: Demopolis Lock and Dam approximately 23 acres of federal land number excluding the last three digits in Hydroelectric Project. administered by the Corps. the docket number field to access the DATE: Thursday, March 26, 2015. g. Filed Pursuant to: Federal Power document. For assistance, contact FERC TIME: 2:00 p.m. (EDT). Act, 16 U.S.C. 791 (a)–825(r). Online Support. A copy is also available LOCATION: Demopolis Civic Center h. Applicant Contact: Nicholas E. for inspection and reproduction at the Parking Lot, 501 N. Commissioner’s Josten, GeoSense, 2742 Saint Charles address in item h above. Avenue, Demopolis, AL 36732. Ave., Idaho Falls, ID 83404, (208) 528– You may also register online at All interested individuals, 6152. http://www.ferc.gov/docs-filing/ organizations, and agencies are invited i. FERC Contact: Adam Peer, (202) esubscription.asp to be notified via to attend. All participants should meet 502–8449 or [email protected]. email of new filings and issuances at the time and location specified above. j. Deadline for filing scoping related to this or other pending projects. All participants are responsible for their comments: April 25, 2015. For assistance, contact FERC Online own transportation to the site. Anyone The Commission strongly encourages Support. with questions about the Environmental electronic filing. Please file additional n. Scoping Process: Site Review should contact Nicholas E. study requests and requests for The Commission intends to prepare Josten, GeoSense, 2742 Saint Charles cooperating agency status using the an environmental assessment (EA) on Ave., Idaho Falls, ID 83404, (208) 528– Commission’s eFiling system at http:// the project in accordance with the 6152 on or before March 19, 2015. www.ferc.gov/docs-filing/efiling.asp. For National Environmental Policy Act. The Objectives assistance, please contact FERC Online EA will consider both site-specific and Support at FERCOnlineSupport@ cumulative environmental impacts and At the scoping meetings, the staff will: ferc.gov, (866) 208–3676 (toll free), or reasonable alternatives to the proposed (1) Summarize the environmental issues (202) 502–8659 (TTY). In lieu of action. tentatively identified for analysis in the electronic filing, please send a paper EA; (2) solicit from the meeting copy to: Secretary, Federal Energy Scoping Meetings participants all available information, Regulatory Commission, 888 First Street FERC staff will conduct one agency especially quantifiable data, on the NE., Washington, DC 20426. The first scoping meeting and one public resources at issue; (3) encourage page of any filing should include docket meeting. The agency scoping meeting statements from experts and the public number P–13102–003. will focus on resource agency and non- on issues that should be analyzed in the The Commission’s Rules of Practice governmental organization (NGO) EA, including viewpoints in opposition and Procedures require all intervenors concerns, while the public scoping to, or in support of, the staff’s filing documents with the Commission meeting is primarily for public input. preliminary views; (4) determine the
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resource issues to be addressed in the Comments Due: 5 p.m. ET 3/3/15. Comments Due: 5 p.m. ET 3/3/15. EA; and (5) identify those issues that Docket Numbers: ER15–359–002. Docket Numbers: ER15–1019–000. require a detailed analysis, as well as Applicants: Samchully Power & those issues that do not require a Utilities 1 LLC. Applicants: Fowler Ridge IV Wind detailed analysis. Description: Notice of Non-Material Farm LLC. Procedures Change in Status of Samchully Power & Description: Initial rate filing per Utilities 1 LLC. 35.12 Application for MBR to be The meetings are recorded by a Filed Date: 2/10/15. effective 2/11/2015. stenographer and become part of the Accession Number: 20150210–5179. Filed Date: 2/10/15. formal record of the Commission Comments Due: 5 p.m. ET 3/3/15. proceeding on the project. Docket Numbers: ER15–746–001. Accession Number: 20150210–5089. Individuals, organizations, and Applicants: RC Cape May Holdings, Comments Due: 5 p.m. ET 3/3/15. agencies with environmental expertise LLC. and concerns are encouraged to attend Docket Numbers: ER15–1020–000. Description: Tariff Amendment per the meeting and to assist the staff in 35.17(b): Supplement to Reactive Rate Applicants: Rising Tree Wind Farm III defining and clarifying the issues to be Schedule Change Request to be effective LLC. addressed in the EA. 12/31/9998. Description: Initial rate filing per Dated: February 11, 2015. Filed Date: 2/10/15. 35.12 MBR Application to be effective Nathaniel J. Davis, Sr., Accession Number: 20150210–5169. 4/11/2015. Deputy Secretary. Comments Due: 5 p.m. ET 3/3/15. Filed Date: 2/10/15. [FR Doc. 2015–03263 Filed 2–17–15; 8:45 am] Docket Numbers: ER15–786–000. BILLING CODE 6717–01–P Applicants: Midcontinent Accession Number: 20150210–5114. Independent System Operator, Inc. Comments Due: 5 p.m. ET 3/3/15. Description: Report Filing: 2015–02– Take notice that the Commission DEPARTMENT OF ENERGY 10_SA 2523 Supplement ITC-Pheasant Run GIA (J075) to be effective N/A. received the following land acquisition Federal Energy Regulatory Filed Date: 2/10/15. reports: Commission Accession Number: 20150210–5062. Docket Numbers: LA14–3–000. Comments Due: 5 p.m. ET 3/3/15. Combined Notice of Filings #1 Applicants: NextEra Energy Docket Numbers: ER15–1015–000. Companies. Take notice that the Commission Applicants: AltaGas Brush Energy Inc. Description: Quarterly Land received the following electric corporate Description: Section 205(d) rate filing Acquisition Report of the NextEra filings: per 35.13(a)(2)(iii): AltaGas Brush Docket Numbers: EC15–71–000. Energy Inc. Notice of Succession to be Energy Companies. Applicants: Enel Cove Fort, LLC, Enel effective 2/10/2015. Filed Date: 2/9/15. Stillwater, LLC,EGP Stillwater Solar, Filed Date: 2/9/15. Accession Number: 20150209–5277. LLC, Origin Wind Energy, LLC,EFS Accession Number: 20150209–5147. Comments Due: 5 p.m. ET 3/2/15. Green Power Holdings, LLC. Comments Due: 5 p.m. ET 3/2/15. Description: Application for Docket Numbers: ER15–1016–000. The filings are accessible in the Authorization under section 203 of the Applicants: Shafter Solar, LLC. Commission’s eLibrary system by Federal Power Act and Request for Description: Baseline eTariff Filing clicking on the links or querying the Expedited Action of Enel Cove Fort, per 35.1: Shafter Solar, LLC Application docket number. LLC, et al. for Market-Based Rates to be effective 3/ Filed Date: 2/9/15. Any person desiring to intervene or 15/2015. protest in any of the above proceedings Accession Number: 20150209–5278. Filed Date: 2/9/15. must file in accordance with Rules 211 Comments Due: 5 p.m. ET 3/2/15. Accession Number: 20150209–5256. Take notice that the Commission and 214 of the Commission’s Comments Due: 5 p.m. ET 3/2/15. received the following electric rate Regulations (18 CFR 385.211 and filings: Docket Numbers: ER15–1017–000. 385.214) on or before 5:00 p.m. Eastern Docket Numbers: ER14–822–000. Applicants: Southern California time on the specified comment date. Edison Company. Applicants: PJM Interconnection, Protests may be considered, but Description: Section 205(d) rate filing L.L.C. intervention is necessary to become a per 35.13(a)(2)(iii): Tie-Line Facilities Description: Report Filing: party to the proceeding. Informational Report per May, 9, 2014 Agreement with Valle Del Sol Energy, Order in Docket No. ER14–822–000. to LLC to be effective 4/12/2015. eFiling is encouraged. More detailed be effective N/A. Filed Date: 2/10/15. information relating to filing Filed Date: 2/9/15. Accession Number: 20150210–5000. requirements, interventions, protests, Accession Number: 20150209–5219. Comments Due: 5 p.m. ET 3/3/15. service, and qualifying facilities filings Comments Due: 5 p.m. ET 3/2/15. Docket Numbers: ER15–1018–000. can be found at: http://www.ferc.gov/ Docket Numbers: ER15–266–001. Applicants: Southern California docs-filing/efiling/filing-req.pdf. For Applicants: Public Service Company Edison Company. other information, call (866) 208–3676 of Colorado. Description: Section 205(d) rate filing (toll free). For TTY, call (202) 502–8659. Description: Tariff Amendment per per 35.13(a)(2)(iii): LGIA and Dated: February 10, 2015. 35.17(b): 2015–2–10_PSCo Sttlmnt Distribution Service Agmt with Valle Nathaniel J. Davis, Sr., Losses Amend Filing to be effective 1/ Del Sol Energy, LLC to be effective 4/12/ 1/2015. 2015. Deputy Secretary. Filed Date: 2/10/15. Filed Date: 2/10/15. [FR Doc. 2015–03198 Filed 2–17–15; 8:45 am] Accession Number: 20150210–5145. Accession Number: 20150210–5001. BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY Description: Initial rate filing per Applicants: Liberty Utilities 35.12 Baseline New to be effective 4/15/ (Midstates Natural Gas) Corp. Federal Energy Regulatory 2015. Description: Tariff filing per Commission Filed Date: 2/11/15. 284.123(b)(1),: Update to Currently Accession Number: 20150211–5239. Effective Rates to be effective 1/4/2015; Combined Notice of Filings #1 Comments Due: 5 p.m. ET 3/4/15. TOFC: 1000. Take notice that the Commission Docket Numbers: ER15–1025–000. Filed Date: 2/4/15. received the following electric corporate Applicants: PJM Interconnection, Accession Number: 20150204–5151. filings: L.L.C. Comments/Protests Due: 5 p.m. ET 2/ Docket Numbers: EC15–72–000. Description: § 205(d) rate filing per 25/15. Applicants: RE Columbia, LLC, 35.13(a)(2)(iii): Revised SA No. 3341 Docket Numbers: CP15–31–000. Recurrent Energy, LLC, Canadian Solar among PJM and Southeastern Power Applicants: Consolidated Edison Inc. Administration to be effective 1/1/2014. Company of New York, Inc. Description: Joint Application for Filed Date: 2/11/15. Description: Notice cancelling rate for Accession Number: 20150211–5241. Authorization for Disposition of natural gas transportation service of Comments Due: 5 p.m. ET 3/4/15. Jurisdictional Facilities and Requests for Consolidated Edison Company of New Waivers, Confidential Treatment, and The filings are accessible in the York, Inc. Expedited Consideration of RE Commission’s eLibrary system by Filed Date: 12/16/14. Columbia, LLC, et al. clicking on the links or querying the Accession Number: 20141216–5318. Filed Date: 2/10/15. docket number. Comments Due: 5 p.m. ET 2/19/15. Accession Number: 20150210–5233. Any person desiring to intervene or Docket Numbers: CP07–403–003. Comments Due: 5 p.m. ET 3/3/15. protest in any of the above proceedings Applicants: Gulf Crossing Pipeline must file in accordance with Rules 211 Take notice that the Commission Company LLC, et al. and 214 of the Commission’s Description: Abbreviated Joint received the following electric rate Regulations (18 CFR 385.211 and filings: Application Requesting Amendment of § 385.214) on or before 5:00 p.m. Eastern a Certificate of Public Convenience and Docket Numbers: ER15–643–001. time on the specified comment date. Applicants: PJM Interconnection, Necessity of Gulf Crossing Pipeline Protests may be considered, but L.L.C. Company LLC, et al. intervention is necessary to become a Description: Tariff Amendment per Filed Date: 1/23/15. party to the proceeding. 35.17(b): Response to Deficiency Letter Accession Number: 20150123–5300. eFiling is encouraged. More detailed Comments Due: 5 p.m. ET 2/13/15. Dated 01/27/2015 in Docket No. ER15– information relating to filing Docket Numbers: CP07–398–007. 643–000 to be effective 3/1/2015. requirements, interventions, protests, Filed Date: 2/11/15. Applicants: Gulf Crossing Pipeline service, and qualifying facilities filings Company LLC, et al. Accession Number: 20150211–5165. can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 3/4/15. Description: Abbreviated Joint docs-filing/efiling/filing-req.pdf. For Application Requesting Amendment of Docket Numbers: ER15–1021–000. other information, call (866) 208–3676 a Certificate of Public Convenience and Applicants: Nevada Power Company. (toll free). For TTY, call (202) 502–8659. Necessity of Gulf Crossing Pipeline Description: § 205(d) rate filing per Dated: February 11, 2015. Company LLC, et al. 35.13(a)(2)(iii): Rate Schedule Nos. 76 & Filed Date: 1/23/15. 77 Concurrence in SCE Amended_ Nathaniel J. Davis, Sr., Deputy Secretary. Accession Number: 20150123–5300. Restated RS Nos. 424 & 267 to be Comments Due: 5 p.m. ET 2/13/15. effective 1/1/2015. [FR Doc. 2015–03259 Filed 2–17–15; 8:45 am] Docket Numbers: RP15–431–000. Filed Date: 2/11/15. BILLING CODE 6717–01–P Applicants: Rockies Express Pipeline Accession Number: 20150211–5003. LLC. Comments Due: 5 p.m. ET 3/4/15. DEPARTMENT OF ENERGY Description: Section 4(d) rate filing Docket Numbers: ER15–1022–000. per 154.204: Neg Rate ConocoPhillips Applicants: San Diego Gas & Electric Federal Energy Regulatory 2014–02–04 to be effective 2/4/2015. Company. Commission Filed Date: 2/4/15. Description: Application for One Accession Number: 20150204–5073. Time Waiver of San Diego Gas & Electric Combined Notice of Filings Comments Due: 5 p.m. ET 2/17/15. Company. Take notice that the Commission has Docket Numbers: RP15–432–000. Filed Date: 2/10/15. Applicants: Iroquois Gas Accession Number: 20150210–5237. received the following Natural Gas Pipeline Rate and Refund Report filings: Transmission System, L.P. Comments Due: 5 p.m. ET 3/3/15. Description: Section 4(d) rate filing Docket Numbers: ER15–1023–000. Filings Instituting Proceedings per 154.204: 02/04/15 Negotiated Applicants: Arizona Public Service Docket Numbers: PR15–10–001. Rates—Mercuria Energy Gas Trading Company. Applicants: Southcross Nueces LLC (HUB) 7540–89 to be effective 2/3/ Description: § 205(d) rate filing per Pipelines LLC. 2015. 35.13(a)(2)(iii): Service Agreement No. Description: Submits tariff filing per Filed Date: 2/4/15. 193—Amendment 3, ANPP 284.123(b), (e), (g): Amendment to be Accession Number: 20150204–5077. Hassayampa—Administrative Change to effective 2/6/2015; TOFC: 1270. Comments Due: 5 p.m. ET 2/17/15. be effective 2/11/2015. Filed Date: 2/6/15. Docket Numbers: RP15–433–000. Filed Date: 2/11/15. Accession Number: 20150206–5139. Applicants: Guardian Pipeline, L.L.C. Accession Number: 20150211–5189. Comments Due: 5 p.m. ET 2/27/15. Description: Section 4(d) rate filing Comments Due: 5 p.m. ET 3/4/15. 284.123(g) Protests Due: 5 p.m. ET 2/ per 154.204: Negotiated Rate PAL Docket Numbers: ER15–1024–000. 27/15. Agreement—Koch Energy Services, LLC Applicants: Zone One Energy, LLC. Docket Numbers: PR15–19–000. to be effective 2/11/2015.
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Filed Date: 2/4/15. Lateral Service (FLS and ILS) to be PacifiCorp has implemented actions and Accession Number: 20150204–5125. effective 4/1/2015. activities to: (1) Ignore the Comments Due: 5 p.m. ET 2/17/15. Filed Date: 2/6/15. Commission’s regulatory authority; (2) Docket Numbers: RP15–434–000. Accession Number: 20150206–5197. circumvent the Commission’s December Applicants: Northwest Pipeline LLC. Comments Due: 5 p.m. ET 2/18/15. 16, 2013 Order in Docket No. EL–14–1– Description: Section 4(d) rate filing Any person desiring to intervene or 000; 1 (3) violate the Respondent’s Open per 154.204: 2015 Miscellaneous and protest in any of the above proceedings Access Transmission Tariff, FERC Housekeeping Filing to be effective 4/1/ must file in accordance with Rules 211 Electric Tariff, Volume No. 11 (OATT); 2015. and 214 of the Commission’s (4) violate FERC Orders for the Filed Date: 2/4/15. Regulations (18 CFR 385.211 and Standardization of Generator Accession Number: 20150204–5160. 385.214) on or before 5:00 p.m. Eastern Interconnection Agreements and Comments Due: 5 p.m. ET 2/17/15. time on the specified date(s). Protests Procedures, including FERC Order 2003; Docket Numbers: RP15–435–000. may be considered, but intervention is (5) engage in trickery including the Applicants: Southern Star Central Gas necessary to become a party to the submission of subtle misrepresentations Pipeline, Inc. proceeding. of tariff language sufficient to alter and change the original meaning and intent Description: Section 4(d) rate filing Filings in Existing Proceedings per 154.204: Vol 2—Expiration—Non- of the tariff; (6) engage in activities and Conforming Agreement-Chesapeake Docket Numbers: RP14–1272–002. practices that include acts against Energy Marketing, Inc. to be effective 2/ Applicants: National Grid LNG, LLC. individuals in protected classes such as 6/2015. Description: Compliance filing per race, color, religion, sex and even Filed Date: 2/5/15. 154.203: Section 36 to be effective 3/1/ citizenship and immigration status as Accession Number: 20150205–5061. 2015 under RP14–1272 Filing Type: defined in Civil Rights and Anti- Comments Due: 5 p.m. ET 2/17/15. 580. Discrimination Laws; (7) disparaging Docket Numbers: RP15–436–000. Filed Date: 2/6/15. treatment with respect to the Applicants: Rockies Express Pipeline Accession Number: 20150206–5134. Respondent requiring the Complainant LLC. Comments Due: 5 p.m. ET 2/18/15. to produce additional information in Description: Section 4(d) rate filing Any person desiring to protest in any excess of the mandated requirements in per 154.204: Neg Rate 2015–02–05 of the above proceedings must file in order to process the Complainants’ Tenaska IT to be effective 2/6/2015. accordance with Rule 211 of the Interconnection Request; (8) the Filed Date: 2/5/15. Commission’s Regulations (18 CFR processing of an invalid Interconnection Accession Number: 20150205–5192. 385.211) on or before 5:00 p.m. Eastern Request for a Respondent favored Comments Due: 5 p.m. ET 2/17/15. time on the specified comment date. Interconnection Customer, Blue Mountain Power Partners, LLC on Docket Numbers: RP15–437–000. The filings are accessible in the parcels of land whereby the Applicants: Iroquois Gas Commission’s eLibrary system by developmental rights for said parcels of Transmission System, L.P. clicking on the links or querying the land belong to the Complainant; and (9) Description: Section 4(d) rate filing docket number. the processing of an invalid per 154.204: 02/06/15 Negotiated eFiling is encouraged. More detailed Interconnection Request for a Rates—Mercuria Energy Gas Trading information relating to filing Respondent favored Interconnection LLC (HUB) 7540–89 to be effective 2/5/ requirements, interventions, protests, Customer, Latigo Wind Park, LLC on 2015. service, and qualifying facilities filings land where a transmission cable from Filed Date: 2/6/15. can be found at: http://www.ferc.gov/ the Interconnection Customer’s Accession Number: 20150206–5069. docs-filing/efiling/filing-req.pdf. For Comments Due: 5 p.m. ET 2/18/15. other information, call (866) 208–3676 Generating Facility Collector Substation (toll free). For TTY, call (202) 502–8659. to the Point of Interconnection, Pinto Docket Numbers: RP15–438–000. Substation crosses land whereby the Applicants: Iroquois Gas Dated: February 9, 2015. developmental rights belong to the Transmission System, L.P. Nathaniel J. Davis, Sr., Complainant, as more fully explained in Description: Section 4(d) rate filing Deputy Secretary. the complaint. per 154.204: 02/06/15 Negotiated [FR Doc. 2015–03199 Filed 2–17–15; 8:45 am] Any person desiring to intervene or to Rates—ConEdison Energy Inc. (HUB) BILLING CODE 6717–01–P protest this filing must file in 2275–89 to be effective 2/5/2015. accordance with Rules 211 and 214 of Filed Date: 2/6/15. the Commission’s Rules of Practice and Accession Number: 20150206–5099. DEPARTMENT OF ENERGY Procedure (18 CFR 385.211, 385.214). Comments Due: 5 p.m. ET 2/18/15. Protests will be considered by the Docket Numbers: RP15–439–000. Federal Energy Regulatory Commission in determining the Applicants: Iroquois Gas Commission appropriate action to be taken, but will Transmission System, L.P. [Docket No. EL15–44–000] not serve to make protestants parties to Description: Section 4(d) rate filing the proceeding. Any person wishing to per 154.204: 02/06/15 Negotiated Sage Grouse Energy Project, LLC v. become a party must file a notice of Rates—Sequent Energy Management PacificCorp; Notice of Complaint intervention or motion to intervene, as (HUB) 3075–89 to be effective 2/5/2015. appropriate. The Respondent’s answer Filed Date: 2/6/15. Take notice that on February 9, 2015, and all interventions, or protests must Accession Number: 20150206–5108. pursuant to section 206 of the Federal be filed on or before the comment date. Comments Due: 5 p.m. ET 2/18/15. Energy Regulatory Commission’s The Respondent’s answer, motions to Docket Numbers: RP15–440–000. (Commission) Rules of Practice and intervene, and protests must be served Applicants: Texas Gas Transmission, Procedure, 18 CFR 385.206, Sage Grouse on the Complainants. LLC. Energy Project, LLC (Complainant) filed Description: Section 4(d) rate filing a formal complaint against the 1 Pioneer Wind Park I, LLC, 145 FERC ¶ 61,215 per 154.204: New Firm and Interruptible PacificCorp (Respondent) alleging that (2013).
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The Commission encourages assumptions of liability is March 2, First Street NE., Washington, DC 20426, electronic submission of protests and 2015. in accordance with Rules 211 and 214 interventions in lieu of paper using the The Commission encourages of the Commission’s Rules of Practice ‘‘eFiling’’ link at http://www.ferc.gov. electronic submission of protests and and Procedure (18 CFR 385.211 and Persons unable to file electronically interventions in lieu of paper, using the 385.214). Anyone filing a motion to should submit an original and 5 copies FERC Online links at http:// intervene or protest must serve a copy of the protest or intervention to the www.ferc.gov. To facilitate electronic of that document on the Applicant. Federal Energy Regulatory Commission, service, persons with Internet access Notice is hereby given that the 888 First Street NE., Washington, DC who will eFile a document and/or be deadline for filing protests with regard 20426. listed as a contact for an intervenor to the applicant’s request for blanket This filing is accessible on-line at must create and validate an authorization, under 18 CFR 34, of http://www.ferc.gov, using the eRegistration account using the future issuances of securities and ‘‘eLibrary’’ link and is available for eRegistration link. Select the eFiling assumptions of liability is March 2, electronic review in the Commission’s link to log on and submit the 2015. Public Reference Room in Washington, intervention or protests. The Commission encourages DC. There is an ‘‘eSubscription’’ link on Persons unable to file electronically electronic submission of protests and the Web site that enables subscribers to should submit an original and 5 copies interventions in lieu of paper, using the receive email notification when a of the intervention or protest to the FERC Online links at http:// document is added to a subscribed Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic docket(s). For assistance with any FERC 888 First Street NE., Washington, DC service, persons with Internet access Online service, please email 20426. who will eFile a document and/or be [email protected], or call The filings in the above-referenced listed as a contact for an intervenor (866) 208–3676 (toll free). For TTY, call proceeding(s) are accessible in the must create and validate an (202) 502–8659. Commission’s eLibrary system by eRegistration account using the Comment Date: 5:00 p.m. Eastern clicking on the appropriate link in the eRegistration link. Select the eFiling Time on March 11, 2015. above list. They are also available for link to log on and submit the review in the Commission’s Public intervention or protests. Dated: February 11, 2015. Persons unable to file electronically Reference Room in Washington, DC. Nathaniel J. Davis, Sr., should submit an original and 5 copies There is an eSubscription link on the Deputy Secretary. of the intervention or protest to the Web site that enables subscribers to Federal Energy Regulatory Commission, [FR Doc. 2015–03261 Filed 2–17–15; 8:45 am] receive email notification when a 888 First Street NE., Washington, DC BILLING CODE 6717–01–P document is added to a subscribed 20426. docket(s). For assistance with any FERC The filings in the above-referenced Online service, please email DEPARTMENT OF ENERGY proceeding(s) are accessible in the [email protected]. or call Commission’s eLibrary system by Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call clicking on the appropriate link in the Commission (202) 502–8659. above list. They are also available for Dated: February 10, 2015. review in the Commission’s Public [Docket No. ER15–1016–000] Nathaniel J. Davis, Sr., Reference Room in Washington, DC. Shafter Solar, LLC; Supplemental Deputy Secretary. There is an eSubscription link on the Notice that Initial Market-Based Rate [FR Doc. 2015–03201 Filed 2–17–15; 8:45 am] Web site that enables subscribers to Filing Includes Request for Blanket BILLING CODE 6717–01–P receive email notification when a Section 204 Authorization document is added to a subscribed docket(s). For assistance with any FERC This is a supplemental notice in the DEPARTMENT OF ENERGY Online service, please email above-referenced proceeding, of Shafter [email protected]. or call Solar, LLC’s application for market- Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call based rate authority, with an Commission (202) 502–8659. accompanying rate schedule, noting that [Docket No. ER15–1019–000] Dated: February 10, 2015. such application includes a request for Nathaniel J. Davis, Sr., blanket authorization, under 18 CFR Fowler Ridge IV Wind Farm LLC; Deputy Secretary. part 34, of future issuances of securities Supplemental Notice That Initial and assumptions of liability. [FR Doc. 2015–03202 Filed 2–17–15; 8:45 am] Market-Based Rate Filing Includes BILLING CODE 6717–01–P Any person desiring to intervene or to Request for Blanket Section 204 protest should file with the Federal Authorization Energy Regulatory Commission, 888 DEPARTMENT OF ENERGY First Street NE., Washington, DC 20426, This is a supplemental notice in the in accordance with Rules 211 and 214 above-referenced proceeding, of Fowler Federal Energy Regulatory of the Commission’s Rules of Practice Ridge IV Wind Farm LLC’s application Commission and Procedure (18 CFR 385.211 and for market-based rate authority, with an 385.214). Anyone filing a motion to accompanying rate schedule, noting that [Docket No. ER15–936–000] intervene or protest must serve a copy such application includes a request for Benson Power, LLC; Supplemental of that document on the Applicant. blanket authorization, under 18 CFR 34, Notice That Initial Market-Based Rate Notice is hereby given that the of future issuances of securities and Filing Includes Request for Blanket deadline for filing protests with regard assumptions of liability. Section 204 Authorization to the applicant’s request for blanket Any person desiring to intervene or to authorization, under 18 CFR part 34, of protest should file with the Federal This is a supplemental notice in the future issuances of securities and Energy Regulatory Commission, 888 above-referenced proceeding, of Benson
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Power, LLC’s application for market- DEPARTMENT OF ENERGY Online service, please email based rate authority, with an [email protected]. or call accompanying rate schedule, noting that Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call such application includes a request for Commission (202) 502–8659. blanket authorization, under 18 CFR [Docket No. ER15–1020–000] Dated: February 10, 2015. part 34, of future issuances of securities Nathaniel J. Davis, Sr., Rising Tree Wind Farm III LLC; and assumptions of liability. Deputy Secretary. Supplemental Notice that Initial Any person desiring to intervene or to Market-Based Rate Filing Includes [FR Doc. 2015–03203 Filed 2–17–15; 8:45 am] protest should file with the Federal Request for Blanket Section 204 BILLING CODE 6717–01–P Energy Regulatory Commission, 888 Authorization First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 This is a supplemental notice in the DEPARTMENT OF ENERGY of the Commission’s Rules of Practice above-referenced proceeding, of Rising and Procedure (18 CFR 385.211 and Tree Wind Farm III LLC’s application Federal Energy Regulatory 385.214). Anyone filing a motion to for market-based rate authority, with an Commission intervene or protest must serve a copy accompanying rate schedule, noting that [Docket No. ER15–957–000] of that document on the Applicant. such application includes a request for blanket authorization, under 18 CFR 34, AltaGas Ripon Energy Inc.; Notice is hereby given that the of future issuances of securities and Supplemental Notice that Initial deadline for filing protests with regard assumptions of liability. Market-Based Rate Filing Includes to the applicant’s request for blanket Any person desiring to intervene or to Request for Blanket Section 204 authorization, under 18 CFR part 34, of protest should file with the Federal Authorization future issuances of securities and Energy Regulatory Commission, 888 assumptions of liability is March 3, First Street NE., Washington, DC 20426, This is a supplemental notice in the 2015. in accordance with Rules 211 and 214 above-referenced proceeding, of AltaGas The Commission encourages of the Commission’s Rules of Practice Ripon Energy Inc.’s application for electronic submission of protests and and Procedure (18 CFR 385.211 and market-based rate authority, with an interventions in lieu of paper, using the 385.214). Anyone filing a motion to accompanying rate schedule, noting that such application includes a request for FERC Online links at http:// intervene or protest must serve a copy blanket authorization, under 18 CFR 34, www.ferc.gov. To facilitate electronic of that document on the Applicant. of future issuances of securities and service, persons with Internet access Notice is hereby given that the assumptions of liability. who will eFile a document and/or be deadline for filing protests with regard to the applicant’s request for blanket Any person desiring to intervene or to listed as a contact for an intervenor protest should file with the Federal must create and validate an authorization, under 18 CFR 34, of future issuances of securities and Energy Regulatory Commission, 888 eRegistration account using the First Street NE., Washington, DC 20426, eRegistration link. Select the eFiling assumptions of liability is March 2, 2015. in accordance with Rules 211 and 214 link to log on and submit the The Commission encourages of the Commission’s Rules of Practice intervention or protests. electronic submission of protests and and Procedure (18 CFR 385.211 and Persons unable to file electronically interventions in lieu of paper, using the 385.214). Anyone filing a motion to should submit an original and 5 copies FERC Online links at http:// intervene or protest must serve a copy of the intervention or protest to the www.ferc.gov. To facilitate electronic of that document on the Applicant. Federal Energy Regulatory Commission, service, persons with Internet access Notice is hereby given that the 888 First Street NE., Washington, DC who will eFile a document and/or be deadline for filing protests with regard 20426. listed as a contact for an intervenor to the applicant’s request for blanket authorization, under 18 CFR 34, of The filings in the above-referenced must create and validate an eRegistration account using the future issuances of securities and proceeding(s) are accessible in the assumptions of liability is March 2, Commission’s eLibrary system by eRegistration link. Select the eFiling link to log on and submit the 2015. clicking on the appropriate link in the intervention or protests. The Commission encourages above list. They are also available for Persons unable to file electronically electronic submission of protests and review in the Commission’s Public should submit an original and 5 copies interventions in lieu of paper, using the Reference Room in Washington, DC. of the intervention or protest to the FERC Online links at http:// There is an eSubscription link on the Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic Web site that enables subscribers to 888 First Street NE., Washington, DC service, persons with Internet access receive email notification when a 20426. who will eFile a document and/or be document is added to a subscribed The filings in the above-referenced listed as a contact for an intervenor docket(s). For assistance with any FERC proceeding(s) are accessible in the must create and validate an Online service, please email Commission’s eLibrary system by eRegistration account using the [email protected]. or call clicking on the appropriate link in the eRegistration link. Select the eFiling (866) 208–3676 (toll free). For TTY, call above list. They are also available for link to log on and submit the (202) 502–8659. review in the Commission’s Public intervention or protests. Dated: February 11, 2015. Reference Room in Washington, DC. Persons unable to file electronically There is an eSubscription link on the should submit an original and 5 copies Nathaniel J. Davis, Sr., Web site that enables subscribers to of the intervention or protest to the Deputy Secretary. receive email notification when a Federal Energy Regulatory Commission, [FR Doc. 2015–03262 Filed 2–17–15; 8:45 am] document is added to a subscribed 888 First Street NE., Washington, DC BILLING CODE 6717–01–P docket(s). For assistance with any FERC 20426.
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The filings in the above-referenced Commission in determining the FERC conferences are accessible proceeding(s) are accessible in the appropriate action to be taken, but will under section 508 of the Rehabilitation Commission’s eLibrary system by not serve to make protestants parties to Act of 1973. For accessibility clicking on the appropriate link in the the proceeding. Any person wishing to accommodations please send an email above list. They are also available for become a party must file a notice of to [email protected] or call toll free review in the Commission’s Public intervention or motion to intervene, as (866) 208–3372 (voice) or 202–502–8659 Reference Room in Washington, DC. appropriate. Such notices, motions, or (TTY), or send a fax to 202–208–2106 There is an eSubscription link on the protests must be filed on or before the with the required accommodations. Web site that enables subscribers to comment date. Anyone filing a motion All interested persons are permitted receive email notification when a to intervene or protest must serve a copy to attend. For further information please document is added to a subscribed of that document on the Petitioner. contact Kenneth Witte at (202) 502– docket(s). For assistance with any FERC The Commission encourages 8057 or email [email protected]. electronic submission of protests and Online service, please email Dated: February 11, 2015. [email protected]. or call interventions in lieu of paper using the Nathaniel J. Davis, Sr., (866) 208–3676 (toll free). For TTY, call ‘‘eFiling’’ link at http://www.ferc.gov. (202) 502–8659. Persons unable to file electronically Deputy Secretary. [FR Doc. 2015–03264 Filed 2–17–15; 8:45 am] Dated: February 10, 2015. should submit an original and 5 copies of the protest or intervention to the BILLING CODE 6717–01–P Nathaniel J. Davis, Sr., Federal Energy Regulatory Commission, Deputy Secretary. 888 First Street NE., Washington, DC [FR Doc. 2015–03200 Filed 2–17–15; 8:45 am] 20426. ENVIRONMENTAL PROTECTION BILLING CODE 6717–01–P This filing is accessible on-line at AGENCY http://www.ferc.gov, using the [FRL–9923–30–OEI] ‘‘eLibrary’’ link and is available for DEPARTMENT OF ENERGY review in the Commission’s Public Agency Information Collection Federal Energy Regulatory Reference Room in Washington, DC. Activities OMB Responses Commission There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to AGENCY: Environmental Protection [Docket No. EL15–43–000] receive email notification when a Agency (EPA). document is added to a subscribed ACTION: Notice. Delta-Montrose Electric Association; docket(s). For assistance with any FERC Notice of Petition for Declaratory Order Online service, please email SUMMARY: This document announces the Take notice that on February 9, 2015, [email protected], or call Office of Management and Budget pursuant to Rule 207(a)(2) of the Federal (866) 208–3676 (toll free). For TTY, call (OMB) responses to Agency Clearance Energy Regulatory Commission’s (202) 502–8659. requests, in compliance with the (Commission) Rules of Practice and Comment Date: 5:00 p.m. Eastern time Paperwork Reduction Act (44 U.S.C. Procedure, 18 CFR 385.207(a)(2) (2014), on March 11, 2015. 3501 et seq.). An agency may not Delta-Montrose Electric Association Dated: February 11, 2015. conduct or sponsor, and a person is not (DMEA) filed a petition for declaratory Nathaniel J. Davis, Sr., required to respond to, a collection of information unless it displays a order requesting the Commission Deputy Secretary. declare that: (1) Tri-State Generation currently valid OMB control number. [FR Doc. 2015–03260 Filed 2–17–15; 8:45 am] The OMB control numbers for EPA and Transmission Association, Inc. (Tri- BILLING CODE 6717–01–P State) is a public utility pursuant to regulations are listed in 40 CFR part 9 sections 201(e) and (f) of the Federal and 48 CFR chapter 15. Power Act (FPA) and its wholesale DEPARTMENT OF ENERGY FOR FURTHER INFORMATION CONTACT: partial requirements contract with Courtney Kerwin (202) 566–1669, or DMEA is therefore subject to the Federal Energy Regulatory email at [email protected] and Commission’s jurisdiction under Commission please refer to the appropriate EPA 1 Information Collection Request (ICR) sections 205 and 206 of the FPA, (2) [Docket No. RP15–276–000] DMEA’s obligation to purchase power Number. from certified qualifying facilities (QF) MoGas Pipeline LLC; Notice of SUPPLEMENTARY INFORMATION: under the Public Utility Regulatory Technical Conference Policies Act of 1978 supersedes any OMB Responses to Agency Clearance potentially conflicting provisions in Take notice that a technical Requests conference will be held on Tuesday, DMEA’s wholesale partial requirements OMB Approvals contract with Tri-State, and (3) February 24, 2015, at 10:00 a.m. (Eastern Commission’s regulations permit an Standard Time), in a room to be EPA ICR Number 1564.09; NSPS for electric utility and a QF to negotiate designated at the offices of the Federal Small Industrial-Commercial- rates, all as more fully explained in the Energy Regulatory Commission Institutional Steam Generating Units petition. (Commission), 888 First Street NE., (Renewal); 40 CFR part 60, subparts A Any person desiring to intervene or to Washington, DC 20426. and Dc; approved with change on 12/ protest this filing must file in At the technical conference, the 30/2014; OMB Number 2060–0202; accordance with Rules 211 and 214 of Commission Staff and the parties to the expires on 12/31/2017. the Commission’s Rules of Practice and proceeding should be prepared to EPA ICR Number 1053.11; NSPS for Procedure (18 CFR 385.211, 385.214). discuss all issues set for the technical Electric Utility Steam Generating Units Protests will be considered by the conference as established in the January (Renewal); 40 CFR part 60, subparts A 30, 2015 Order.1 and Da; approved without change on 1 16 U.S.C. 824(e) and (f); 16 U.S.C. 824(d) and 12/30/2014; OMB Number 2060–0023; 824(e). 1 MoGas Pipeline LLC, 150 FERC ¶ 61,062 (2015). expires on 12/31/2017.
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EPA ICR Number 1626.12; National [email protected], or by mail to: EPA Respondents/affected entities: Refrigerant Recycling and Emissions Docket Center, Environmental Owners and operators of basic oxygen Reduction Program (Renewal); was Protection Agency, Mail Code 28221T, process furnaces at iron and steel plants. approved with change on 12/23/2014; 1200 Pennsylvania Ave. NW., Respondent’s obligation to respond: OMB Number 2060–0256; expires on Washington, DC 20460, and (2) OMB via Mandatory (40 CFR part 60, subpart N 12/23/2017. email to [email protected]. and Na). EPA ICR Number 2473.02; RFS2 Address comments to OMB Desk Officer Estimated number of respondents: 18 Voluntary RIN Quality Assurance for EPA. (total). Program (Final Rule); approved with Frequency of response: Initially, EPA’s policy is that all comments change on 12/01/2014; OMB Control occasionally, and semiannually. received will be included in the public Number 2060–0688. Total estimated burden: 6,263 hours docket without change including any (per year). Burden is defined at 5 CFR Courtney Kerwin, personal information provided, unless 1320.3(b). Acting Director, Collections Strategies the comment includes profanity, threats, Total estimated cost: $642,826 (per Division. information claimed to be Confidential year), includes $29,700 annualized [FR Doc. 2015–03293 Filed 2–17–15; 8:45 am] Business Information (CBI) or other capital or operation & maintenance BILLING CODE 6560–50–P information whose disclosure is costs. restricted by statute. Changes in the Estimates: There is no change of hours in the total estimated FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION respondent burden compared with the AGENCY Patrick Yellin, Monitoring, Assistance, ICR previously approved by OMB. and Media Programs Division, Office of [EPA–HQ–OECA–2014–0037; FRL–9922– Compliance, Mail Code 2227A, Courtney Kerwin, 15–OEI] Environmental Protection Agency, 1200 Acting Director, Collection Strategies Pennsylvania Ave. NW., Washington, Division. Information Collection Request DC 20460; telephone number: (202) [FR Doc. 2015–03295 Filed 2–17–15; 8:45 am] Submitted to OMB for Review and 564–2970; fax number: (202) 564–0050; BILLING CODE 6560–50–P Approval; Comment Request; NSPS email address: [email protected]. for Primary and Secondary Emissions From Basic Oxygen Furnaces SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION (Renewal) Supporting documents, which explain AGENCY in detail the information that the EPA AGENCY: Environmental Protection will be collecting, are available in the [EPA–HQ–OAR–2004–0501; FRL–9923–00– Agency (EPA). public docket for this ICR. The docket OAR] ACTION: Notice. can be viewed online at Proposed Information Collection SUMMARY: The Environmental Protection www.regulations.gov or in person at the Request; Comment Request; Agency has submitted an information EPA Docket Center, WJC West, Room Information Collection Request for collection request (ICR), ‘‘NSPS for 3334, 1301 Constitution Ave. NW., Green Power Partnership and Primary and Secondary Emissions from Washington, DC. The telephone number Combined Heat and Power Partnership Basic Oxygen Furnaces (40 CFR part 60, for the Docket Center is 202–566–1744. AGENCY: Environmental Protection subparts N and Na) (Renewal)’’ (EPA For additional information about EPA’s Agency (EPA). ICR No. 1069.11, OMB Control No. public docket, visit http://www.epa.gov/ ACTION: 2060–0029) to the Office of Management dockets. Notice. and Budget (OMB) for review and Abstract: This rule applies to Basic SUMMARY: The Environmental Protection approval in accordance with the Oxygen Process Furnaces (BOPFs) in Agency (EPA) is planning to submit an Paperwork Reduction Act (44 U.S.C. iron and steel plants commencing information collection request (ICR), 3501 et seq.). This is a proposed construction, modification or Information Collection Request for extension of the ICR, which is currently reconstruction after June 11, 1973, and Green Power Partnership and Combined approved through February 28, 2015. top-blown BOPFs and hot metal transfer Heat and Power Partnership’’ (EPA ICR Public comments were previously stations and skimming stations used No. 2173.02, OMB Control No. 2060– requested via the Federal Register (79 with bottom-blown or top-blown 0578) to the Office of Management and FR 30117) on May 27, 2014 during a 60- BOPF’s for which construction, Budget (OMB) for review and approval day comment period. This notice allows reconstruction, or modification in accordance with the Paperwork for an additional 30 days for public commenced after January 20, 1983. Reduction Act (44 U.S.C. 3501 et seq.). comments. A fuller description of the Respondents are required to submit Before doing so, EPA is soliciting public ICR is given below, including its initial notifications, conduct comments on specific aspects of the estimated burden and cost to the public. performance tests and report test results proposed information collection as An Agency may not conduct or sponsor for the primary emission control described below. This is a proposed and a person is not required to respond devices, and submit periodic reports. extension of the ICR, which is currently to a collection of information unless it Sources also must develop and approved through July 31, 2015 An displays a currently valid OMB control implement a startup, shutdown, and Agency may not conduct or sponsor and number. malfunction plan (SSMP) and submit a person is not required to respond to DATES: Additional comments may be semiannual reports of any event where a collection of information unless it submitted on or before March 20, 2015. the procedures in the plan were not displays a currently valid OMB control ADDRESSES: Submit your comments, followed. These notifications, reports, number. referencing Docket ID Number EPA– and records are essential in determining DATES: Comments must be submitted on HQ–OECA–2014–0037, to (1) EPA compliance, and are required of all or before April 20, 2015. online using www.regulations.gov (our sources subject to NSPS. ADDRESSES: Submit your comments, preferred method), by email to Form Numbers: None. referencing Docket ID No. EPA–HQ–
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OAR–2004–0501, online using will issue another Federal Register OMB. The average number of hours per www.regulations.gov (our preferred notice to announce the submission of Partners remained the same at 3.2 hours, method), by email to: a-and-r-docket@ the ICR to OMB and the opportunity to pending a partner survey to determine epamail.epa.gov, or by mail to: EPA submit additional comments to OMB. the results of these efficiencies. The Docket Center, Environmental Abstract: In 2002, EPA launched two total hourly burden increased because Protection Agency, Mail Code 28221T, new partnership programs with industry due to an increase in the number of 1200 Pennsylvania Ave. NW., and other stakeholders: The Green Partners. For perspective on the Washington, DC 20460. Power Partnership (GPP) and the magnitude of partner growth, the EPA’s policy is that all comments Combined Heat and Power Partnership number of Partners at the end of 2011 received will be included in the public (CHPP). These voluntary partnership was 1,308, and at the end of 2014 there docket without change including any programs encourage organizations to is was 2,041. personal information provided, unless invest in clean, efficient energy The total cost estimate (including the comment includes profanity, threats, technologies, including renewable both Respondents and Agency burden) information claimed to be Confidential energy and combined heat and power. over the 3 year period for this renewal Business Information (CBI) or other To continue to be successful, it is ICR is $2,805,913, or an average of information whose disclosure is critical that EPA collect information $935,304 per year, of which $7,749 is restricted by statute. from GPP and CHPP Partners to ensure O&M costs. The total cost to GPP and FOR FURTHER INFORMATION CONTACT: these organizations are meeting their CHP Partners is $2,120,126, or $706,709 Christopher Kent, Climate Protection renewable energy and CHP goals and to per year. The total cost estimate increase Partnerships Division, Office of assure the credibility of these voluntary for Partners is due to an increase in the Atmospheric Programs, MC 6202A partnership programs. number of Partners and increases in Environmental Protection Agency, 1200 EPA has developed this ICR to obtain wages. authorization to collect information Pennsylvania Ave. NW., Washington, Dated: February 6, 2015. DC 20460; telephone number: 202–343– from organizations participating in the GPP and CHPP. Organizations that join Elizabeth Craig, 9046; fax number: 202–343–2208; email Director, Climate Protection Partnerships address: [email protected]. these programs voluntarily agree to the following respective actions: (1) Division. SUPPLEMENTARY INFORMATION: Designating a Green Power or CHP [FR Doc. 2015–03299 Filed 2–17–15; 8:45 am] Supporting documents which explain BILLING CODE 6560–50–P in detail the information that the EPA liaison and filling out a Partnership will be collecting are available in the Agreement or Letter of Intent (LOI) public docket for this ICR. The docket respectively, (2) for the GPP, reporting to EPA, on an annual basis, their ENVIRONMENTAL PROTECTION can be viewed online at AGENCY www.regulations.gov or in person at the progress toward their green power EPA Docket Center, WJC West, Room commitment via a 3-page reporting [EPA–HQ–OECA–2014–0030; FRL–9922– 3334, 1301 Constitution Ave. NW., form; (3) for the CHP Partnership, 01–OEI] reporting to EPA information on their Washington, DC. The telephone number Information Collection Request for the Docket Center is 202–566–1744. existing CHP projects, new project development, and other CHP-related Submitted to OMB for Review and For additional information about EPA’s Approval; Comment Request; NSPS public docket, visit http://www.epa.gov/ activities via a one-page reporting form (for projects) or via an informal email or for Metallic Mineral Processing Plants dockets. (Renewal) Pursuant to section 3506(c)(2)(A) of phone call (for other CHP-related activities). EPA uses the data obtained the PRA, EPA is soliciting comments AGENCY: Environmental Protection and information to enable it to: (i) from its Partners to assess the success of Agency (EPA). these programs in achieving their Evaluate whether the proposed ACTION: Notice. collection of information is necessary national energy and greenhouse gas for the proper performance of the (GHG) reduction goals. Partners are SUMMARY: The Environmental Protection functions of the Agency, including organizational entities that have Agency has submitted an information whether the information will have volunteered to participate in either collection request (ICR), ‘‘NSPS for practical utility; (ii) evaluate the Partnership program. Metallic Mineral Processing Plants (40 accuracy of the Agency’s estimate of the Form Numbers: EPA–430–K–013, CFR part 60, subpart LL) (Renewal)’’ burden of the proposed collection of EPA–430–F–05–034. (EPA ICR No. 0982.11, OMB Control No. Respondents/affected entities: information, including the validity of Respondent’s obligation to respond: 2060–0016) to the Office of Management the methodology and assumptions used; Voluntary. and Budget (OMB) for review and (iii) enhance the quality, utility, and Estimated number of respondents: approval in accordance with the clarity of the information to be 2,565. Paperwork Reduction Act (44 U.S.C. collected; and (iv) minimize the burden Frequency of response: Annually, on 3501 et seq.). This is a proposed of the collection of information on those Occasion, One time. extension of the ICR, which is currently who are to respond, including through Total estimated burden: 8,191 hours approved through February 28, 2015. the use of appropriate automated (per year). Burden is defined at 5 CFR Public comments were previously electronic, mechanical, or other 1320.03(b). requested via the Federal Register (79 technological collection techniques or Total estimated cost: $706,709 (per FR 30117) on May 27, 2014 during a 60- other forms of information technology, year), includes $7,478 annualized day comment period. This notice allows e.g., permitting electronic submission of capital or operation & maintenance for an additional 30 days for public responses. EPA will consider the costs. comments. A fuller description of the comments received and amend the ICR Changes in Estimates: There is an ICR is given below, including its as appropriate. The final ICR package increase of 2,368 hours in the total estimated burden and cost to the public. will then be submitted to OMB for estimated respondent burden compared An Agency may not conduct or sponsor review and approval. At that time, EPA with the ICR currently approved by and a person is not required to respond
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to a collection of information unless it Respondents/affected entities: ADDRESSES: Submit your comments, displays a currently valid OMB control Owners and operators of metallic referencing Docket ID Number EPA– number. mineral processing plants. HQ–OECA–2014–0041, to (1) EPA DATES: Additional comments may be Respondent’s obligation to respond: online using www.regulations.gov (our submitted on or March 20, 2015. Mandatory (40 CFR part 60, subpart LL). preferred method), by email to ADDRESSES: Submit your comments, Estimated number of respondents: 20 [email protected], or by mail to: EPA referencing Docket ID Number EPA– (total). Docket Center, Environmental Frequency of response: Initially, HQ–OECA–2014–0030, to (1) EPA Protection Agency, Mail Code 28221T, occasionally, and semiannually. online using www.regulations.gov (our 1200 Pennsylvania Ave. NW., Total estimated burden: 2,306 hours Washington, DC 20460, and (2) OMB via preferred method), by email to (per year). Burden is defined at 5 CFR [email protected], or by mail to: EPA email to [email protected]. 1320.3(b). Address comments to OMB Desk Officer Docket Center, Environmental Total estimated cost: $238,739 (per for EPA. Protection Agency, Mail Code 28221T, year), includes $0 annualized capital 1200 Pennsylvania Ave. NW., and $13,000 in operation & maintenance EPA’s policy is that all comments Washington, DC 20460, and (2) OMB via costs. received will be included in the public email to [email protected]. Changes in the Estimates: There is no docket without change including any Address comments to OMB Desk Officer change in the total estimated respondent personal information provided, unless for EPA. burden compared with the ICR currently the comment includes profanity, threats, EPA’s policy is that all comments approved by OMB. information claimed to be Confidential received will be included in the public Business Information (CBI) or other docket without change including any Courtney Kerwin, information whose disclosure is personal information provided, unless Acting Director, Collection Strategies restricted by statute. Division. the comment includes profanity, threats, FOR FURTHER INFORMATION CONTACT: [FR Doc. 2015–03294 Filed 2–17–15; 8:45 am] information claimed to be Confidential Patrick Yellin, Monitoring, Assistance, Business Information (CBI) or other BILLING CODE 6560–50–P and Media Programs Division, Office of information whose disclosure is Compliance, Mail Code 2227A, restricted by statute. ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1200 FOR FURTHER INFORMATION CONTACT: AGENCY Pennsylvania Ave. NW., Washington, Patrick Yellin, Monitoring, Assistance, DC 20460; telephone number: (202) and Media Programs Division, Office of [EPA–HQ–OECA–2014–0041; FRL 9922–17– 564–2970; fax number: (202) 564–0050; Compliance, Mail Code 2227A, OEI] email address: [email protected]. Environmental Protection Agency, 1200 SUPPLEMENTARY INFORMATION: Pennsylvania Ave. NW., Washington, Information Collection Request DC 20460; telephone number: (202) Submitted to OMB for Review and Supporting documents, which explain 564–2970; fax number: (202) 564–0050; Approval; Comment Request; NSPS in detail the information that the EPA email address: [email protected]. for Glass Manufacturing Plants will be collecting, are available in the (Renewal) public docket for this ICR. The docket SUPPLEMENTARY INFORMATION: can be viewed online at Supporting documents which explain in AGENCY: Environmental Protection www.regulations.gov or in person at the detail the information that the EPA will Agency (EPA). EPA Docket Center, WJC West, Room be collecting are available in the public ACTION: Notice. 3334, 1301 Constitution Ave. NW., docket for this ICR. The docket can be Washington, DC. The telephone number viewed online at www.regulations.gov SUMMARY: The Environmental Protection Agency has submitted an information for the Docket Center is 202–566–1744. or in person at the EPA Docket Center, For additional information about EPA’s EPA West, Room 3334, 1301 collection request (ICR), ‘‘NSPS for Glass Manufacturing Plants (40 CFR part public docket, visit http://www.epa.gov/ Constitution Ave. NW., Washington, dockets. DC. The telephone number for the 60, subpart CC) (Renewal)’’ (EPA ICR Docket Center is 202–566–1744. For No. 1131.11, OMB Control No. 2060– Abstract: The provisions of 40 CFR additional information about EPA’s 0054) to the Office of Management and part 60, subpart CC apply to each glass public docket, visit http://www.epa.gov/ Budget (OMB) for review and approval manufacturing plant that commenced dockets. in accordance with the Paperwork construction or modification after June Abstract: This NSPS affects owners Reduction Act (44 U.S.C. 3501 et seq.). 15, 1979. Owners or operators of subpart and operators of metallic mineral This is a proposed extension of the ICR, CC facilities are required to comply with processing plants. Owners and operators which is currently approved through reporting and recordkeeping must conduct initial performance tests, February 28, 2015. Public comments requirements, including initial maintain records of startups, were previously requested via the notifications, performance tests, and shutdowns, and malfunction and Federal Register (79 FR 30117) on May periodic reports. They are also required continuous monitoring system 27, 2014, during a 60-day comment to maintain records of the occurrence parameters, and submit semi-annual period. This notice allows for an and duration of any startup, shutdown, reports. The required semiannual additional 30 days for public comments. or malfunction in the operation of an reports are used to determine periods of A fuller description of the ICR is given affected facility, or any period during excess emissions, identify problems at below, including its estimated burden which the monitoring system is the facility, verify operation/ and cost to the public. An Agency may inoperative. These notifications, reports, maintenance procedures, and for not conduct or sponsor and a person is and records are needed by EPA to compliance determinations. This not required to respond to a collection determine if compliance has been information is collected to assure of information unless it displays a achieved. compliance with 40 CFR part 60, currently valid OMB control number. Form Numbers: None. subpart LL. DATES: Additional comments may be Respondents/affected entities: Glass Form Numbers: None. submitted on or before March 20, 2015. manufacturing plants.
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Respondent’s obligation to respond: HQ–OECA–2014–0067, to (1) EPA Estimated number of respondents: 3 Mandatory (40 CFR part 60, subpart CC). online using www.regulations.gov (our (total). Estimated number of respondents: 41 preferred method), by email to Frequency of response: Initially, (total). [email protected], or by mail to: EPA occasionally, quarterly, and Frequency of response: Initially, Docket Center, Environmental semiannually. occasionally, and semiannually. Protection Agency, Mail Code 28221T, Total estimated burden: 9,380 hours Total estimated burden: 803 hours 1200 Pennsylvania Ave. NW., (per year). Burden is defined at 5 CFR (per year). Burden is defined at 5 CFR Washington, DC 20460, and (2) OMB via 1320.3(b). 1320.3(b). email to [email protected]. Total estimated cost: $926,544 (per Total estimated cost: $316,386 (per Address comments to OMB Desk Officer year), includes $8,220 annualized year), includes $237,800 annualized for EPA. capital or operation & maintenance capital or operation & maintenance EPA’s policy is that all comments costs. costs. received will be included in the public Changes in the Estimates: There is an Changes in the Estimates: There is no docket without change including any increase of 543 hours in the total change of hours in the total estimated personal information provided, unless estimated respondent burden compared response burden in this ICR compared the comment includes profanity, threats, with the ICR currently approved by with the ICR currently approved by information claimed to be Confidential OMB. This change in hours is due to the OMB. Business Information (CBI) or other removal of burden for submitting initial Courtney Kerwin, information whose disclosure is notifications, which is not required for restricted by statute. existing sources and the addition of Acting Director, Collection Strategies Division. FOR FURTHER INFORMATION CONTACT: managerial and clerical staff that are now involved in recordkeeping [FR Doc. 2015–03296 Filed 2–17–15; 8:45 am] Patrick Yellin, Monitoring, Assistance, activities. BILLING CODE 6560–50–P and Media Programs Division, Office of Compliance, Mail Code 2227A, Courtney Kerwin, Environmental Protection Agency, 1200 Acting Director, Collection Strategies ENVIRONMENTAL PROTECTION Pennsylvania Ave. NW., Washington, Division. AGENCY DC 20460; telephone number: (202) [FR Doc. 2015–03297 Filed 2–17–15; 8:45 am] 564–2970; fax number: (202) 564–0050; BILLING CODE 6560–50–P [EPA–HQ–OECA–2014–0067; FRL–9921– email address: [email protected]. 67–OEI] SUPPLEMENTARY INFORMATION: Information Collection Request Supporting documents, which explain ENVIRONMENTAL PROTECTION Submitted to OMB for Review and in detail the information that the EPA AGENCY Approval; Comment Request; NESHAP will be collecting, are available in the [FRL–9922–97–OSWER] for Primary Copper Smelters (Renewal) public docket for this ICR. The docket can be viewed online at The Hazardous Waste Electronic AGENCY: Environmental Protection www.regulations.gov or in person at the Agency (EPA). Manifest System Advisory Board: EPA Docket Center, EPA William Request for Nominations ACTION: Notice. Jefferson Clinton West, Room 3334, 1301 Constitution Ave. NW., AGENCY: Environmental Protection SUMMARY: The Environmental Protection Washington, DC. The telephone number Agency (EPA). Agency has submitted an information for the Docket Center is 202–566–1744. ACTION: Request for nominations. collection request (ICR), ‘‘NESHAP for For additional information about EPA’s Primary Copper Smelters (40 CFR part public docket, visit http://www.epa.gov/ SUMMARY: The U.S. Environmental 63, subpart QQQ) (Renewal)’’ (EPA ICR dockets. Protection Agency (EPA) invites No. 1850.07, OMB Control No. 2060– Abstract: Owners and operators of a nominations of qualified candidates to 0476) to the Office of Management and primary copper smelter are subject to be considered for a three-year Budget (OMB) for review and approval the regulation only if it is a major source appointment to the Hazardous Waste in accordance with the Paperwork of hazardous air pollutant (HAP) Electronic Manifest System Advisory Reduction Act (44 U.S.C. 3501 et seq.). emitting or has the potential to emit any Board (the Board). Pursuant to the This is a proposed extension of the ICR, single HAP at the rate of 10 tons or more Hazardous Waste Electronic Manifest which is currently approved through per year or any combination of HAP at Establishment Act (e-Manifest Act), the February 28, 2015. Public comments a rate of 25 tons or more per year. New EPA is establishing the nine member were previously requested via the facilities include those that commenced Advisory Board to provide practical and Federal Register (79 FR 30117) on May construction or reconstruction after the independent advice, consultation, and 27, 2014, during a 60-day comment date of proposal. This information is recommendations to the EPA period. This notice allows for an being collected to assure compliance Administrator on the activities, additional 30 days for public comments. with 40 CFR part 63, subpart QQQ. functions, policies and regulations A fuller description of the ICR is given These notifications, reports, and records associated with the Hazardous Waste below, including its estimated burden are essential in determining compliance, Electronic Manifest (e-Manifest) System. and cost to the public. An Agency may and are required of all affected facilities The EPA Administrator or designee will not conduct or sponsor and a person is subject to NESHAP. serve as chair of the Board. This notice not required to respond to a collection Form Numbers: None. solicits nominations to fill the of information unless it displays a Respondents/affected entities: remaining eight positions of the Board, currently valid OMB control number. Owners and operators of primary copper which will be active upon DATES: Additional comments may be smelter. establishment. The Board is considered submitted on or before March 20, 2015. Respondent’s obligation to respond: established once a Board Charter is filed ADDRESSES: Submit your comments, Mandatory (40 CFR part 63, Subpart with Congress, which is anticipated no referencing Docket ID Number EPA– QQQ). later than October 5, 2015.
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To maintain the representation Hazardous Waste Electronic Manifest accessibility of data. Finally, e-Manifest required by statute, nominees will be System Advisory Board (the Board) by aligns with the agency’s E-Enterprise selected to represent: state agencies October 5, 2015 to assess the business strategy. E-Enterprise for the overseeing the intrastate and/or effectiveness of the electronic manifest Environment is a transformative 21st interstate cradle-to-grave tracking of system and make recommendations to century strategy—jointly governed by hazardous waste from the original the EPA Administrator for improving states and EPA—for modernizing generation to its ultimate disposal (three the system. government agencies’ delivery of positions); stakeholders from the In addition, the e-Manifest Act directs environmental protection. Under this hazardous waste management and the EPA to develop a system that strategy, the agency will streamline its transportation sectors who are affected attracts sufficient user participation and business processes and systems to by state and federal hazardous waste service revenues to ensure the viability reduce reporting burden on states and manifest programs (three positions); and of the system. As a result, the Act regulated facilities, and improve the the information technology sector (two provides the EPA broad discretion to effectiveness and efficiency of positions). establish reasonable user fees, as the regulatory programs for the EPA, states DATES: Nominations should be received Administrator determines are necessary, and tribes. on or before March 20, 2015. to pay costs incurred in developing, Although the system has not been ADDRESSES: Nominations should be operating, maintaining, and upgrading completed, the Board is established in submitted via email to eManifest@ the system, including any costs incurred accordance with the provisions of the epa.gov, and identified with ‘‘BOARD in collecting and processing data from Hazardous Waste Electronic Manifest NOMINATION’’ in the subject line of any paper manifest submitted to the Establishment Act, 42 U.S.C. 6939(g), the email. system after the date on which the and the Federal Advisory Committee system enters operation. The Board will Act (FACA), 5 U.S.C. App.2. The Board FOR FURTHER INFORMATION CONTACT: also meet to assess the adequacy and is in the public interest and supports the Anthony Raia, U.S. Environmental reasonableness of the service fees and, EPA in performing its duties and Protection Agency, Office of Resource if necessary, make recommendations to responsibilities. Pursuant to the e- Conservation and Recovery, (MC: the EPA Administrator to adjust the fees Manifest Act, the Board will be 5303P), 1200 Pennsylvania Avenue accordingly. comprised of nine members, of which NW., Washington, DC, 20460, Phone: Prior to system deployment the Board one (1) member is the Administrator (or 703–308–8577; or by email: will be asked to provide a designee), who will serve as [email protected]. recommendations on important system Chairperson of the Board, and eight (8) SUPPLEMENTARY INFORMATION: The e- development matters, as well as on user members will be individuals appointed Manifest Act was signed into law on fee regulatory proposals under by the EPA Administrator: October 5, 2012 (http://www.gpo.gov/ consideration. Substantial system —At least two (2) of whom have fdsys/pkg/BILLS-112s710enr/pdf/BILLS- development planning work is under expertise in information technology; 112s710enr.pdf). Under the terms of the completion and the agency is currently (IT); e-Manifest Act, the EPA is required to conducting additional system —At least three (3) of whom have establish a national electronic development procurement activities. experience in using, or represent users Information Technology (IT) manifest Upon completion of those activities the of, the manifest system to track the system. This system is to enable users agency will launch into extensive transportation of hazardous waste under of the uniform hazardous waste system design, development, and federal and state manifest programs; and manifest forms (EPA Form 8700–22 and testing, and anticipates the initial —At least three (3) state Continuation Sheet 8700–22A) to have system deployment to occur no later representatives responsible for the option to more efficiently track their than spring 2018. processing those manifests. hazardous waste shipments The system will provide the The Board will meet at least annually electronically, in lieu of the paper functionality of the current paper as required by the e-Manifest Act. manifest, from the point of generation, manifest process, in a more efficient, However, additional meetings by during transportation, and to the point electronic workflow, and will meet all teleconference may occur approximately of receipt by an off-site facility that is requirements specified in the e-Manifest once every six (6) months or as needed permitted to treat, store, recycle, or Act and e-Manifest Final Rule, which and approved by the Designated Federal dispose of the hazardous waste. was published on February 7, 2014 Officer (DFO). Electronic manifests obtained from the (http://www.epa.gov/osw/laws-regs/ Member Nominations: Pursuant to the national system will augment or replace state/revision/frs/fr231.pdf). The initial e-Manifest Act, the Board will assist the the paper forms that are currently used system is envisioned to be a national, agency in evaluating the effectiveness of for this purpose, and which result in electronic system (internet-based) that the e-Manifest IT system and associated substantial paperwork costs and other will enable current users of the manifest user fees; identifying key issues inefficiencies. Congress intended that form to sign, transmit, archive, and associated with the system, including the EPA develop a system that, among retrieve manifests electronically. The e- the need (and timing) for user fee other things, meets the needs of the user Manifest system is further envisioned to adjustments; system enhancements; and community and decreases the allow a fully electronic mobile providing independent advice on administrative burden associated with workflow. The mobile workflow will matters and policies related to the e- the current paper-based manifest system provide both on-line and off-line Manifest program. The e-Manifest Board on the user community. The agency capabilities which could enable users to will provide recommendations on anticipates that utilizing electronic complete an electronic manifest even matters related to the operational manifests will reduce burden by when internet access is unavailable. The activities, functions, policies, and reporting facilities by 300,000 to EPA envisions that the system will regulations of the EPA under the e- 700,000 hours annually, and will save provide all data processing (paper and Manifest Act, including proposing approximately $75 million dollars. To electronic formats), data storage, and actions to encourage the use of the ensure that these goals are met, the Act data reporting back out to industry and electronic (paperless) system, and directs the EPA to establish the state users, as well as appropriate public actions related to the E-Enterprise
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strategy that intersect with e-Manifest. • Demonstrated experience Dated: February 6, 2015. These intersections may include issues developing group recommendations; Barnes Johnson, such as business to business • Willingness to commit time to the Director, Office of Resource Conservation and communications, performance Board and demonstrated ability to work Recovery, Office of Solid Waste and Emergency Response. standards for mobile devices, and Cross constructively on committees; Media Electronic Reporting Rule [FR Doc. 2015–03300 Filed 2–17–15; 8:45 am] • (CROMERR) compliant e-signatures. Absence of financial conflicts of BILLING CODE 6560–50–P Any interested person and/or interest; organization may nominate qualified • Impartiality (including the individuals for membership. The EPA appearance of impartiality); and FEDERAL COMMUNICATIONS values and welcomes diversity. In an • Background and experiences that COMMISSION effort to obtain nominations of diverse would help members contribute to the [OMB 3060–0687] candidates, the agency encourages diversity of perspectives on the Board, nominations of women and men of all e.g., geographic, economic, social, Information Collection Being racial and ethnic groups. All cultural, educational backgrounds, Submitted for Review and Approval to nominations will be considered. the Office of Management and Budget However, applicants need to be aware of professional affiliations and other the specific representation required by considerations. AGENCY: Federal Communications the e-Manifest Act. Nominations must include a resume, Commission. Further, state and industry nominees which provides the nominee’s ACTION: Notice and request for should have a comprehensive background, experience and educational comments. knowledge of hazardous waste qualifications, as well as a brief SUMMARY: generation, transportation, treatment, statement (one page or less) describing As part of its continuing effort to reduce paperwork burdens, and as storage, and disposal under RCRA the nominee’s interest in serving on the required by the Paperwork Reduction Subtitle C at the federal, state, and local Board and addressing the other criteria Act (PRA) of 1995 (44 U.S.C. 3501– levels. Nominees who represent the previously described. Nominees are states, should have comprehensive 3520), the Federal Communication encouraged to provide any additional Commission (FCC or Commission) knowledge of state programs that information that they feel would be currently collect manifests from invites the general public and other useful for consideration, such as: Federal agencies to take this generators and treatment, storage, and Availability to participate as a member disposal facilities (TSDFs), and track opportunity to comment on the of the Board; how the nominee’s following information collections. manifest data in state tracking systems/ background, skills and experience databases. Nominees who represent Comments are requested concerning: would contribute to the diversity of the industry should have strong knowledge whether the proposed collection of Board; and any concerns the nominee of existing industry systems/devices/ information is necessary for the proper has regarding membership. Nominees approaches and business operations in performance of the functions of the order to provide valuable input on e- should be identified by name, Commission, including whether the Manifest integration into current occupation, position, current business information shall have practical utility; industry data systems. IT nominees address, email, and telephone number. the accuracy of the Commission’s should have core competencies and Interested candidates may self- burden estimate; ways to enhance the experience in large scale systems and nominate. The agency will acknowledge quality, utility, and clarity of the application development and receipt of nominations. information collected; ways to minimize the burden of the collection of integration, deployment and Persons selected for membership will information on the respondents, maintenance, user help desk and receive compensation for travel and a including the use of automated support, and expertise relevant to nominal daily compensation (if support the complexity of an e-Manifest collection techniques or other forms of appropriate) while attending meetings. information technology; and ways to system. Examples of this expertise may Additionally, selected candidates will include but are not limited to: Expertise further reduce the information be designated as Special Government collection burden on small business with web-based and mobile Employees (SGEs) or consultants. technologies, particularly that support concerns with fewer than 25 employees. Candidates designated as SGEs will be The FCC may not conduct or sponsor large scale operations for geographically required to fill out the ‘‘Confidential diverse users; expertise in IT security, a collection of information unless it Financial Disclosure Form for including perspective on federal IT displays a currently valid OMB control Environmental Protection Agency security requirements; expertise in number. No person shall be subject to electronic signature and user Special Government Employees’’ (EPA any penalty for failing to comply with management approaches; expertise with Form 3310–48). This confidential form a collection of information subject to the scalable hosting solutions such as provides information to the EPA ethics PRA that does not display a valid OMB cloud-based hosting; and expertise in officials to determine whether there is a control number. user experience. Existing knowledge of, conflict between the SGE’s public duties DATES: Written comments should be or willingness to gain an understanding and their private interests, including an submitted on or before March 20, 2015. of EPA shared services and enterprise appearance of a loss of impartiality as If you anticipate that you will be architecture is a plus. Another plus for defined by federal laws and regulations. submitting comments, but find it any nominee is experience in setting One example of a potential conflict of difficult to do so within the period of and/or managing fee based systems in interest may be for IT professional(s) time allowed by this notice, you should general. Additional criteria used to serving in an organization which is advise the contacts below as soon as evaluate nominees will include: awarded any related e-Manifest system possible. • Excellent interpersonal, oral and development contract(s). ADDRESSES: Direct all PRA comments to written communication skills; Nicholas A. Fraser, OMB, via email
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[email protected]; and Needs and Uses: 47 CFR 68.224— FOR FURTHER INFORMATION CONTACT: to Cathy Williams, FCC, via email PRA@ Notice of non-hearing aid compatibility. Carmell Weathers at (202) 418–2325 or fcc.gov and to [email protected]. Every non-hearing aid compatible [email protected]. The fax Include in the comments the OMB telephone offered for sale to the public number is: (202) 418–1413. The TTY control number as shown in the on or after August 17, 1989, whether number is: (202) 418–0484. SUPPLEMENTARY INFORMATION section previously-registered, newly registered SUPPLEMENTARY INFORMATION: This is a below. or refurbished shall (a) contain in a summary of the Commission’s FOR FURTHER INFORMATION CONTACT: For conspicuous location on the surface of document in CC Docket No. 92–237, DA additional information or copies of the its packaging a statement that the 15–166 released February 5, 2015. The information collection, contact Cathy telephone is not hearing aid compatible, complete text in this document is Williams at (202) 418–2918. To view a or if offered for sale without a available for public inspection and copy of this information collection surrounding package, shall be affixed copying during normal business hours request (ICR) submitted to OMB: (1) go with a written statement that the in the FCC Reference Information to the Web page
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1. Announcements and Recent News. schedule, and the tasks for which each Eric Bridges, Director of External 2. Approval of Transcript—December subcommittee will be responsible; and Relations and Policy, American 9, 2014. any other topics related to the DAC’s Council of the Blind. 3. Report of the North American work that may arise. Mark Richert, Director of Public Policy, Numbering Plan Administrator American Foundation for the Blind. DATES: The Committee’s first meeting Tafaimamao Tua-Tupuola, Director, (NANPA). will take place on Tuesday, March 17, 4. Report of the National Thousands University Center for Excellence on 2015, 9:00 a.m. to 5:00 p.m. (EST), at the Block Pooling Administrator (PA). Developmental Disabilities, American headquarters of the Federal 5. Report of the Numbering Oversight Samoa Community College; Alternate: Communications Commission (FCC). Working Group (NOWG). Phyllis Guinivan, Project Manager, 6. Report of the North American ADDRESSES: Federal Communications Center for Disability Studies, Numbering Plan Billing and Collection Commission, 445 12th Street SW., University of Delaware, Association of (NANP B&C) Agent. Washington, DC 20554, in the University Centers on Disability. 7. Report of the Billing and Collection Commission Meeting Room. Susan Mazrui, Director of Public Policy; Alternate: Jamie Tan, Director of Working Group (B&C WG). FOR FURTHER INFORMATION CONTACT: 8. Report of the North American Federal Regulatory, AT&T. Elaine Gardner, Consumer and Paul Michaelis, Distinguished Engineer; Portability Management LLC (NAPM Governmental Affairs Bureau, (202) LLC). Alternate: Mark Fletcher, ENP, Chief 418–0581, email Elaine.Gardner@ Architect, Worldwide Public Safety 9. Report of the Local Number fcc.gov. Portability Administration Working Solutions, AVAYA, Inc. Richard Ray, ADA Technology Access Group (LNPA WG). SUPPLEMENTARY INFORMATION: On Coordinator, City of Los Angeles, 10. Status of the Industry Numbering December 2, 2014, in document DA 14– Department on Disability. 1737, Chairman Tom Wheeler Committee (INC) activities. Eddie Martinez, DeafBlind Service announced the establishment and 11. Report of the Future of Numbering Coordinator, Columbia Lighthouse for Working Group (FoN WG). process for appointment of members to the Blind. 12. Report of the Internet Protocol and a Chairperson of the DAC, an Thomas Wlodkowski, Vice President for Issue Management Group (IP IMG). advisory committee, which will provide Accessibility, Comcast. 13. Presentation by Professor Henning advice and recommendations to the Alexander Reynolds, Senior Manager Schulzrinne. Commission on a wide array of and Regulatory Counsel, Consumer 14. Summary of Action Items. disability matters within the jurisdiction Electronics Association. 15. Public Comments and of the Commission. The DAC is being Matthew Gerst, Director of State Participation (maximum 5 minutes per organized under, and operated in Regulatory & External Affairs, CTIA— speaker). accordance with, the provisions of the the Wireless Association. 16. Other Business. Federal Advisory Committee Act Jamie Taylor, Representative, Deaf Blind Adjourn no later than 2:00 p.m. (FACA). In response to the Citizens in Action. *The Agenda may be modified at the Commission’s call for nominations for Al Sonnenstrahl, Vice President; discretion of the NANC Chairman with membership in the Committee, the Alternate: Nancy Rarus, President, the approval of the DFO. Commission received over 120 Deaf Seniors of America. Federal Communications Commission. applications. After careful consideration Lee Knife, Executive Director; Alternate: Gregory Barnes, Digital Media Marilyn Jones, of all applications and nominations for membership received, the Commission Association. Attorney, Wireline Competition Bureau. has selected the members named below. Dr. Christian Vogler, Associate Professor [FR Doc. 2015–03350 Filed 2–17–15; 8:45 am] The membership is well-balanced, with and Director, Technology Access BILLING CODE 6712–01–P a diverse and balanced mix of Program, Gallaudet Rehabilitation viewpoints from organizations Engineering Research Center on representing individuals with Improving the Accessibility, Usability FEDERAL COMMUNICATIONS disabilities, the communications and and Performance of Technology for COMMISSION video programming industries, the Individuals who are Deaf or Hard of [DA 15–194] public safety industry, trade Hearing. associations, academics, researchers, Lise Hamlin, Director of Public Policy, Disability Advisory Committee; and other stakeholders. FCC Chairman Hearing Loss Association of America. Announcement of Members and Date Tom Wheeler has appointed Andrew Bryen Yunashko, Regional of First Meeting Phillips, Policy Counsel, National Representative and National Association of the Deaf, as the Advocacy Specialist, Helen Keller AGENCY: Federal Communications National Center. Commission. Committee Chairperson. E. Elaine Gardner, Attorney Advisor at the Jim Tobias, Principal, Inclusive ACTION: Notice. Commission’s Disability Rights Office, Technologies. Toni Dunne, ENP, External Affairs SUMMARY: This document announces the will serve as the Designated Federal Officer of the DAC. Manager, Access to 9–1–1 Emergency date of the Disability Advisory Services Sector, Intrado, Inc. Committee’s (Committee or DAC) first Members Joshua Pila, General Counsel, Local meeting. The meeting is open to the Media, Meredith Corporation, public. During this first meeting, Dr. Maggie Nygren, Executive Director & National Association of Broadcasters. members of the Committee will discuss CEO, American Association on Brenda Kelly-Frey, Relay Director, the roles and responsibilities of the Intellectual & Developmental Maryland Relay, National Association Committee and its members; issues that Disabilities. for State Relay Administration. the Committee will address; Henry Claypool, Executive Vice Kari Cooke, Director of Policy and recommended subcommittees, President, American Association of Government Affairs, National Black subcommittee membership and meeting People with Disabilities. Deaf Advocates.
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Diane Burstein, Vice President and subcommittees of the DAC, and may FEDERAL RESERVE SYSTEM Deputy General Counsel, National invite individuals and organizations Cable & Telecommunications who are not members of the full Change in Bank Control Notices; Association. Committee to participate on these Acquisitions of Shares of a Bank or Everette Bacon, Field Services subcommittees. The Commission Bank Holding Company Coordinator, Utah Division of initially plans for the establishment of Services for the Blind and Visually The notificants listed below have subcommittees on the following four applied under the Change in Bank Impaired, National Federation of the issues: Blind. Control Act (12 U.S.C. 1817(j)) and JoAnn Becker, Technical Support • telecommunications relay services. § 225.41 of the Board’s Regulation Y (12 Specialist, Perkins School for the • video programming access CFR 225.41) to acquire shares of a bank or bank holding company. The factors Blind; Alternate: Marcia Brooks, (including closed captioning, video that are considered in acting on the National Project Manager, Perkins description, access to video School for the Blind, Perkins. notices are set forth in paragraph 7 of programming apparatus, and access to the Act (12 U.S.C. 1817(j)(7)). Sam Joehl, Accessibility Consultant, televised emergency information). SSB BART Group. The notices are available for James Forstall, Chair; Alternate: Sabrina • access to 9–1–1 emergency services. immediate inspection at the Federal Fields, Vice Chair, • access to communications services Reserve Bank indicated. The notices Telecommunications Equipment and equipment (including advanced also will be available for inspection at Distribution Program Association. communications, telecommunications, the offices of the Board of Governors. Claude Stout, Executive Director; hearing aid compatibility, and the Interested persons may express their Alternate: Blake Reid, Assistant National Deaf-Blind Equipment views in writing to the Reserve Bank Clinical Professor, Samuelson- indicated for that notice or to the offices Distribution Program). Glushko Technology Law & Policy of the Board of Governors. Comments Clinic, Colorado Law, During its first meeting, members of must be received not later than March Telecommunications for the Deaf and the Committee will clarify the 4, 2015. Hard of Hearing, Inc. Committee’s roles and responsibilities A. Federal Reserve Bank of Dr. Ann Marie Rohaly, Director, and begin to define, clarify, and Minneapolis (Jacquelyn K. Brunmeier, Accessibility Policy and Standards, prioritize issues that the Committee and Assistant Vice President) 90 Hennepin Regulatory Affairs, Microsoft; its subcommittees will address. Avenue, Minneapolis, Minnesota Alternate: Avonne Bell, Senior The meeting site is fully accessible to 55480–0291: Manager, Government Affairs, people using wheelchairs or other 1. Waldo Jon Ackerman and Susan Telecommunications Industry Dawn Ackerman, both of Aurora, mobility aids. Sign language Association. Colorado; Brad T. Becker, Rochester, interpreters, open captioning, and Abe Rafi, Director, Digital Strategy & Minnesota; Leonard and JoAnn Becker, assistive listening devices will be Online Services, The Arc. Bismarck, North Dakota; Jessup DeCook, Jeff Kramer, Executive Director, provided on site. Other reasonable Byron, Minnesota; Bryan DeCook; Strategic Alliances and Public Policy, accommodations for people with Stewartville, Minnesota; and Bryce Verizon. disabilities are available upon request. If DeCook, Byron, Minnesota, as a group Dr. Helena Mitchell, Executive Director, making a request for an accommodation, acting in concert, to acquire voting Center for Advanced Communications please include a description of the shares of Olmsted Holding Corporation Policy, Georgia Institute of accommodation you will need and tell and thereby indirectly acquire voting Technology, Wireless Rehabilitation us how to contact you if we need more shares of Olmsted National Bank, both Engineering Research Center. information. Make your request as early in Rochester, Minnesota. Larry Goldberg, Director of Accessible as possible by sending an email to Media, YAHOO! Board of Governors of the Federal Reserve Ron Bibler, Consumer [email protected] or calling the Consumer System, February 12, 2015. Hannah Thompson, Consumer and Governmental Affairs Bureau at Michael J. Lewandowski, 202–418–0530 (voice), 202–418–0432 Associate Secretary of the Board. Ex Officio Federal Government (TTY). Last minute requests will be [FR Doc. 2015–03286 Filed 2–17–15; 8:45 am] Representatives (Non-Voting Members) accepted, but may be impossible to fill. BILLING CODE 6210–01–P Timothy P. Creagan, Senior The meeting will be webcast with open Accessibility Specialist; Alternate: captioning at www.fcc.gov/live. Bruce Bailey, Accessibility Specialist, To request materials in accessible FEDERAL RESERVE SYSTEM U.S. Access Board. Gay Jones, Disability Integration formats for people with disabilities (Braille, large print, electronic files, Formations of, Acquisitions by, and Communications Specialist, Federal Mergers of Bank Holding Companies Emergency Management Agency, U.S. audio format), send an email to fcc504@ Department of Homeland Security, fcc.gov or call the Consumer and The companies listed in this notice Federal Emergency Management Governmental Affairs Bureau at (202) have applied to the Board for approval, Agency. 418–0530 (voice), (202) 418–0432 pursuant to the Bank Holding Company Mohammed Yousuf, Research (TTY). Act of 1956 (12 U.S.C. 1841 et seq.) Transportation Specialist, Office of Federal Communications Commission. (BHC Act), Regulation Y (12 CFR part Operations Research and 225), and all other applicable statutes Karen Peltz Strauss, Development, Federal Highway and regulations to become a bank Administration, U.S. Department of Deputy Chief, Consumer and Governmental holding company and/or to acquire the Transportation, Federal Highway Affairs Bureau. assets or the ownership of, control of, or Administration. [FR Doc. 2015–03342 Filed 2–17–15; 8:45 am] the power to vote shares of a bank or As authorized by FACA, the BILLING CODE 6712–01–P bank holding company and all of the Commission intends to establish banks and nonbanking companies
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owned by the bank holding company, loan holding company, including the DEPARTMENT OF DEFENSE including the companies listed below. companies listed below. The applications listed below, as well The applications listed below, as well GENERAL SERVICES as other related filings required by the as other related filings required by the ADMINISTRATION Board, are available for immediate Board, are available for immediate inspection at the Federal Reserve Bank inspection at the Federal Reserve Bank NATIONAL AERONAUTICS AND indicated. The applications will also be indicated. The application also will be SPACE ADMINISTRATION available for inspection at the offices of available for inspection at the offices of [OMB Control No. 9000–0064; Docket 2014– the Board of Governors. Interested the Board of Governors. Interested 0055; Sequence 30] persons may express their views in persons may express their views in writing on the standards enumerated in writing on the standards enumerated in Submission to OMB for Review; the BHC Act (12 U.S.C. 1842(c)). If the the HOLA (12 U.S.C. 1467a(e)). If the Federal Acquisition Regulation; proposal also involves the acquisition of proposal also involves the acquisition of Organization and Direction of Work a nonbanking company, the review also a nonbanking company, the review also AGENCY: Department of Defense (DOD), includes whether the acquisition of the includes whether the acquisition of the General Services Administration (GSA), nonbanking company complies with the nonbanking company complies with the and National Aeronautics and Space standards in section 4 of the BHC Act standards in section 10(c)(4)(B) of the Administration (NASA). (12 U.S.C. 1843). Unless otherwise HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless ACTION: noted, nonbanking activities will be otherwise noted, nonbanking activities Notice of request for public conducted throughout the United States. will be conducted throughout the comments regarding an extension to an Unless otherwise noted, comments United States. existing OMB clearance. regarding each of these applications Unless otherwise noted, comments SUMMARY: Under the provisions of the must be received at the Reserve Bank regarding each of these applications Paperwork Reduction Act, the indicated or the offices of the Board of must be received at the Reserve Bank Regulatory Secretariat Division will be Governors not later than March 13, indicated or the offices of the Board of submitting to the Office of Management 2015. Governors not later than March 13, and Budget (OMB) a request to review A. Federal Reserve Bank of Chicago 2015. and approve an extension of a (Colette A. Fried, Assistant Vice A. Federal Reserve Bank of Kansas previously approved information President) 230 South LaSalle Street, City (Dennis Denney, Assistant Vice collection requirement concerning Chicago, Illinois 60690–1414: President) 1 Memorial Drive, Kansas organization and direction of work. A 1. Hill Road Financial Holdings LLC City, Missouri 64198–0001: notice was published in the Federal and Hill Road Acquisition Corporation, 1. G. Jeffrey Records, Jr. 2008 GST Register at 79 FR 64597 on October 30, both of Chicago, Illinois; to become Exempt Family Trust, Oklahoma City, 2014. No comments were received. bank holding companies by acquiring Oklahoma; to acquire certain assets, DATES: Submit comments on or before 100 percent of the voting shares of including but not limited to voting March 20, 2015. Citizens First State Bank of Walnut, shares of Midland Financial Co., ADDRESSES: Submit comments Walnut, Illinois. Oklahoma City, Oklahoma, held by the identified by Information Collection 2. Sturgis Bancorp, Inc., Sturgis, G. Jeffrey Records, Jr. 2008 Non-Exempt 9000–0064, Organization and Direction Michigan; to acquire 100 percent of the Family Trust, and thereby indirectly of Work, by any of the following voting shares of The West Michigan acquire voting shares of MidFirst Bank methods: Savings Bank, Bangor, Michigan. both in Oklahoma City, Oklahoma. • Regulations.gov: http:// Board of Governors of the Federal Reserve 2. Kathryn R. Ryan 2007 GST Exempt www.regulations.gov. System, February 12, 2015. Family Trust, Oklahoma City, Submit comments via the Federal Michael J. Lewandowski, Oklahoma; to acquire certain assets, eRulemaking portal by searching the Associate Secretary of the Board. including but not limited to voting OMB Control number 9000–0064. Select the link ‘‘Comment Now’’ that [FR Doc. 2015–03284 Filed 2–17–15; 8:45 am] shares of Midland Financial Co., Oklahoma City, Oklahoma, held by the corresponds with ‘‘Information BILLING CODE 6210–01–P Kathryn R. Ryan 2007 Non-Exempt Collection 9000–0064, Organization and Family Trust, and thereby indirectly Direction of Work’’. Follow the FEDERAL RESERVE SYSTEM acquire voting shares of MidFirst Bank instructions provided on the screen. both in Oklahoma City, Oklahoma. Please include your name, company Formations of, Acquisitions by, and 3. Martha E. Records 2009 GST name (if any), and ‘‘Information Mergers of Savings and Loan Holding Exempt Family Trust, Oklahoma City, Collection 9000–0064, Organization and Companies Oklahoma; to acquire certain assets, Direction of Work’’, on your attached including but not limited to voting document. The companies listed in this notice • Fax: 202–501–4067. shares of Midland Financial Co., • have applied to the Board for approval, Oklahoma City, Oklahoma, held by the Mail: General Services pursuant to the Home Owners’ Loan Act Martha E. Records 2009 Non-Exempt Administration, Regulatory Secretariat (12 U.S.C. 1461 et seq.) (HOLA), Family Trust, and thereby indirectly Division (MVCB), 1800 F Street NW., Regulation LL (12 CFR part 238), and acquire voting shares of MidFirst Bank Washington, DC 20405–0001. ATTN: Regulation MM (12 CFR part 239), and both in Oklahoma City, Oklahoma. Ms. Hada Flowers/IC 9000–0064, all other applicable statutes and Organization and Direction of Work. regulations to become a savings and Board of Governors of the Federal Reserve Instructions: Please submit comments loan holding company and/or to acquire System, February 12, 2015. only and cite Information Collection the assets or the ownership of, control Michael J. Lewandowski, 9000–0064, Organization and Direction of, or the power to vote shares of a Associate Secretary of the Board. of Work, in all correspondence related savings association and nonbanking [FR Doc. 2015–03285 Filed 2–17–15; 8:45 am] to this collection. All comments companies owned by the savings and BILLING CODE 6210–01–P received will be posted without change
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to http://www.regulations.gov, including Dated: February 11, 2015. Instructions: Please submit comments any personal and/or business Edward Loeb, only and cite Information Collection confidential information provided. Acting Director, Federal Acquisition Policy 9000–0062, Material and Workmanship, Division, Office of Government-wide in all correspondence related to this FOR FURTHER INFORMATION CONTACT: Mr. Acquisition Policy, Office of Acquisition collection. All comments received will Curtis Glover, Procurement Analyst, Policy, Office of Government-wide Policy. be posted without change to http:// Federal Acquisition Policy Division, [FR Doc. 2015–03303 Filed 2–17–15; 8:45 am] www.regulations.gov, including any GSA, telephone 202–501–1448, or via BILLING CODE 6820–EP–P personal and/or business confidential email at [email protected]. information provided. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Mr. DEPARTMENT OF DEFENSE Curtis E. Glover, Sr., Procurement A. Purpose GENERAL SERVICES Analyst, Federal Acquisition Policy When the Government awards a cost- ADMINISTRATION Division, GSA, telephone 202–501– reimbursement construction contract, 1448, or via email at curtis.glover@ gsa.gov. the contractor must submit to the NATIONAL AERONAUTICS AND contracting officer and keep current a SPACE ADMINISTRATION SUPPLEMENTARY INFORMATION: chart showing the general executive and A. Purpose administrative organization, the [OMB Control No. 9000–0062; Docket 2015– personnel to be employed in connection 0055; Sequence 2] Under Federal contracts requiring that equipment (e.g., pumps, fans, with the work under the contract, and Federal Acquisition Regulation; their respective duties. The chart is used generators, chillers, etc.) be installed in Information Collection; Material and a project, the Government must in the administration of the contract and Workmanship determine that the equipment meets the as an aid in determining cost. The chart contract requirements. Therefore, the is used by contract administration AGENCY: Department of Defense (DOD), General Services Administration (GSA), contractor must submit sufficient data personnel to assure the work is being on the particular equipment to allow the properly accomplished at reasonable and National Aeronautics and Space Administration (NASA). Government to analyze the item. prices. The Government uses the submitted ACTION: Notice of request for public B. Annual Reporting Burden data to determine whether or not the comments regarding an extension to an equipment meets the contract Respondents: 50. existing OMB clearance. requirements in the categories of Responses per Respondent: 1. SUMMARY: Under the provisions of the performance, construction, and durability. This data is placed in the Annual Responses: 50. Paperwork Reduction Act, the Regulatory Secretariat will be contract file and used during the Hours per Response: .75. submitting to the Office of Management inspection of the equipment when it Total Burden Hours: 38. and Budget (OMB) a request to review arrives on the project and when it is and approve an extension of a made operable. C. Public Comments previously approved information B. Annual Reporting Burden collection requirement concerning Public comments are particularly Respondents: 3,160. material and workmanship. invited on: Whether this collection of Responses per Respondent: 1.5. information is necessary for the proper DATES: Submit comments on or before Annual Responses: 4,740. performance of functions of the FAR, April 20, 2015. Hours per Response: .25. and whether it will have practical ADDRESSES: Submit comments Total Burden Hours: 1,185. utility; whether our estimate of the identified by Information Collection public burden of this collection of 9000–0062, Material and Workmanship, C. Public Comments information is accurate, and based on by any of the following methods: Public comments are particularly valid assumptions and methodology; • Regulations.gov: http:// invited on: Whether this collection of ways to enhance the quality, utility, and www.regulations.gov. information is necessary for the proper clarity of the information to be Submit comments via the Federal performance of functions of the FAR, collected; and ways in which we can eRulemaking portal by searching the and whether it will have practical minimize the burden of the collection of OMB Control number 9000–0062. Select utility; whether our estimate of the information on those who are to the link ‘‘Comment Now’’ that public burden of this collection of respond, through the use of appropriate corresponds with ‘‘Information information is accurate, and based on technological collection techniques or Collection 9000–0062, Material and valid assumptions and methodology; Workmanship’’. Follow the instructions ways to enhance the quality, utility, and other forms of information technology. provided on the screen. Please include clarity of the information to be Obtaining Copies Of Proposals: your name, company name (if any), and collected; and ways in which we can Requesters may obtain a copy of the ‘‘Information Collection 9000–0062, minimize the burden of the collection of information collection documents from Material and Workmanship’’ on your information on those who are to the General Services Administration, attached document. respond, through the use of appropriate Regulatory Secretariat (MVCB), 1800 F • Fax: 202–501–4067. technological collection techniques or Street NW., Washington, DC 20405– • Mail: General Services other forms of information technology. 0001 telephone 202–501–4755. Please Administration, Regulatory Secretariat Obtaining Copies of Proposals: cite OMB Control No. 9000–0064, (MVCB), 1800 F Street NW., Requesters may obtain a copy of the Organization and Direction of Work, in Washington, DC 20405. ATTN: Ms. information collection documents from all correspondence. Hada Flowers/IC 9000–0062, Material the General Services Administration, and Workmanship. Regulatory Secretariat (MVCB), 1800 F
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Street NW., Washington, DC 20405, (MVCB), 1800 F Street NW., B. Annual Reporting Burden telephone 202–501–4755. Please cite Washington, DC 20405. ATTN: Ms. OMB Control No. 9000–0062, Material Hada Flowers/IC 9000–0163, Small Based on information from Federal and Workmanship, in all Business Size Representation. Procurement Data System (FPDS) correspondence. Instructions: Please submit comments regarding rerepresentation modifications, a downward adjustment Dated: February 11, 2015. only and cite ‘‘Information Collection 9000–0163, Small Business Size is being made to the number of Edward Loeb, Representation,’’ in all correspondence respondents. As a result, a downward Acting Director, Office of Government-wide related to this collection. All comments adjustment is being made to the Acquisition Policy, Office of Acquisition received will be posted without change Policy, Office of Government-wide Policy. estimated annual reporting burden since to http://www.regulations.gov, including [FR Doc. 2015–03306 Filed 2–17–15; 8:45 am] the notice regarding an extension to this any personal and/or business clearance published in the Federal BILLING CODE 6820–EP–P confidential information provided. Register at 77 FR 30265, on May 22, FOR FURTHER INFORMATION CONTACT: Ms. 2012. DEPARTMENT OF DEFENSE Mahruba Uddowla, Procurement Analyst, Office of Government-wide Respondents: 1,700. GENERAL SERVICES Policy, contact via telephone 703–605– Responses Per Respondent: 1. ADMINISTRATION 2868 or email mahruba.uddowla@ Total Number of Responses: 1,700. gsa.gov. Hours Per Response: 0.5. NATIONAL AERONAUTICS AND SUPPLEMENTARY INFORMATION: SPACE ADMINISTRATION Total Burden Hours: 850. A. Purpose C. Public Comments [OMB Control No. 9000–0163: Docket 2015– Federal Acquisition Regulation (FAR) 0053; Sequence 5] 19.301 and the FAR clause at 52.219–28, Public comments are particularly Information Collection; Small Business Post-Award Small Business Program invited on: Whether this collection of Size Representation Rerepresentation implement the Small information is necessary for the proper Business Administration’s (SBA’s) performance of functions of the FAR, AGENCY: Department of Defense (DOD), regulation at 13 CFR 121.404(g), and whether it will have practical General Services Administration (GSA), requiring that a concern that initially utility; whether our estimate of the and National Aeronautics and Space represented itself as small at the time of public burden of this collection of Administration (NASA). its initial offer must recertify its status information is accurate, and based on as a small business under the following ACTION: Notice of request for an valid assumptions and methodology; extension to an existing OMB clearance. circumstances: • Within thirty days of an approved ways to enhance the quality, utility, and SUMMARY: Under the provisions of the contract novation; clarity of the information to be Paperwork Reduction Act, the • Within thirty days in the case of a collected; and ways in which we can Regulatory Secretariat will be merger or acquisition, where contract minimize the burden of the collection of submitting to the Office of Management novation is not required; or information on those who are to and Budget (OMB) a request for • Within 120 days prior to the end of respond, through the use of appropriate approval of a previously approved the fifth year of a contract, and no more technological collection techniques or information collection requirement than 120 days prior to the exercise of other forms of information technology. regarding small business size any option thereafter. Obtaining Copies of Proposals: representation. The implementation of SBA’s regulation in FAR 19.301 and the FAR Requesters may obtain a copy of the DATES: Submit comments on or before: clause at 52.219–28 require that information collection documents from April 20, 2015. contractors rerepresent size status by the General Services Administration, ADDRESSES: Submit comments updating their representations at the Regulatory Secretariat (MVCB), 1800 F identified by Information Collection prime contract level in the Street NE., Washington, DC 20405, 9000–0163, Small Business Size Representations and Certifications telephone 202–501–4755. Please cite Representation, by any of the following section of the System for Award OMB Control No. 9000–0163, Small methods: Management (SAM) and notifying the Business Size Representation, in all • Regulations.gov: http:// contracting officer that it has made the correspondence. www.regulations.gov. required update. Dated: February 11, 2015. Submit comments via the Federal The purpose of implementing small eRulemaking portal by searching the business rerepresentations in the FAR is Edward Loeb, OMB Control number 9000–0163. Select to ensure that small business size status Acting Director, Office of Government-Wide the link ‘‘Comment Now’’ that is accurately represented and reported Acquisition Policy, Office of Acquisition corresponds with ‘‘Information over the life of long-term contracts. The Policy, Office of Government-wide Policy. Collection 9000–0163, Small Business FAR also provides for provisions [FR Doc. 2015–03304 Filed 2–17–15; 8:45 am] Size Representation’’. Follow the designed to ensure more accurate BILLING CODE 6820–14–P instructions provided on the screen. reporting of size status for contracts that Please include your name, company are novated, merged or acquired by name (if any), and ‘‘Information another business. This information is Collection 9000–0163, Small Business used by the SBA, Congress, Federal Size Representation’’ on your attached agencies and the general public for document. various reasons such as determining if • Fax: 202–501–4067. agencies are meeting statutory goals, set- • Mail: General Services aside determinations, and market Administration, Regulatory Secretariat research.
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GENERAL SERVICES [email protected] to register to attend advice to GSA based upon these ADMINISTRATION the meeting and/or listen in to any or all recommendations. of these conference calls. To attend the [Notice–MG–2015–01; Docket No. 2015– April 23, 2015 Meeting Agenda 0002; Sequence No. 2] meeting and/or conference calls, submit your full name, organization, email • Welcome, Introductions, Updates & address, and phone number. Requests to Plans for Today; Office of Federal High-Performance • Green Buildings; Green Building attend the April 23, 2015 meeting must Daylighting Research Findings & Advisory Committee; Notification of be received by 5:00 p.m. eastern Federal Applications; • Portfolio Prioritization: Task Group Upcoming Public Advisory Committee daylight time on Thursday, April 16, 2015. Requests to listen in to the calls Report & Discussion; Meeting and Conference Calls • Working Lunch (with Presentation); must be received by 5:00 p.m. Eastern • AGENCY: Office of Government-wide time, Thursday, March 5, 2015. (GSA Climate Change: Progress & Policy, General Services Administration will be unable to provide technical Opportunities; • Energy Use Index: Task Group (GSA). assistance to any listener experiencing Report & Discussion; ACTION: Meeting notice. technical difficulties. Testing access to • Federal Building Performance the Web meeting site in advance of calls SUMMARY: Notice of this meeting and Labels: Final Proposal; is recommended.) • Topics Proposed by Committee these conference calls is being provided Contact Ken Sandler at ken.sandler@ Members; according to the requirements of the gsa.gov to register to comment during Federal Advisory Committee Act, 5 • Public Comment Period; the April 23, 2015 meeting public • U.S.C. App. 10(a)(2). This notice Closing comments; comment period. Registered speakers/ • Adjourn. provides the agenda and schedule for organizations will be allowed a the April 23, 2015 meeting of the Green Detailed agendas, background maximum of 5 minutes each and will information and updates for the meeting Building Advisory Committee (the need to provide written copies of their Committee) and schedule for a series of and conference calls will be posted on presentations. Requests to comment at GSA’s Web site at http://www.gsa.gov/ conference calls, supplemented by Web the meeting must be received by 5:00 meetings, for two task groups of the gbac. p.m. eastern daylight time on Thursday, Meeting Access: The Committee will Committee. The meeting is open to the April 16, 2015. Written comments also public and the site is accessible to convene its April 23, 2015 meeting at may be provided to Mr. Sandler at the U.S. General Services individuals with disabilities. The [email protected] by the same conference calls are open for the public Administration building, Room 1153, deadline. 1800 F Street NW., Washington DC to listen in. Interested individuals must Background: The Administrator of the register to attend as instructed below 20405, and the site is accessible to U.S. General Services Administration individuals with disabilities. under SUPPLEMENTARY INFORMATION. established the Committee on June 20, DATES: Meeting date: The meeting will 2011 (Federal Register/Vol. 76, No. 118) Dated: February 12, 2015. be held on Thursday, April 23, 2015, pursuant to Section 494 of the Energy Kevin Kampschroer, starting at 9:00 a.m. Eastern Standard Independence and Security Act of 2007 Federal Director, Office of Federal High- Time, and ending no later than 4:00 (EISA, 42 U.S.C. 17123). Under this Performance Green Buildings, General p.m. authority, the Committee advises GSA Services Administration. Task group conference call dates: The on the rapid transformation of the [FR Doc. 2015–03400 Filed 2–17–15; 8:45 am] conference calls will be held according Federal building portfolio to sustainable BILLING CODE 6820–14–P to the following schedule: technologies and practices. The The Portfolio Prioritization task group Committee reviews strategic plans, will hold conference calls every products and activities of the Office of DEPARTMENT OF HEALTH AND Monday from March 9, 2015 to April 20, Federal High-Performance Green HUMAN SERVICES 2015 from 11:00 a.m. to 12:00 p.m. Buildings and provides advice regarding eastern daylight time. how the Office can accomplish its Agency for Healthcare Research and The Energy Use Index task group will mission most effectively. Quality hold conference calls every Monday The Portfolio Prioritization task group from March 9, 2015 to April 20, 2015 will pursue the motion of a committee Agency Information Collection from 3:00 p.m. to 4:00 p.m. eastern member to ‘‘propose a process for Activities: Proposed Collection; daylight time. Federal agencies to consistently Comment Request FOR FURTHER INFORMATION CONTACT: Mr. incorporate green building and AGENCY: Agency for Healthcare Research Ken Sandler, Designated Federal resilience requirements into their and Quality, HHS. Officer, Office of Federal High- capital investment criteria and ACTION: Notice. Performance Green Buildings, Office of strategies.’’ The Energy Use Index task Government-wide Policy, General group will pursue the motion of a SUMMARY: This notice announces the Services Administration, 1800 F Street, committee member to ‘‘develop intention of the Agency for Healthcare NW., Washington, DC 20405, telephone guidelines for creating a new energy Research and Quality (AHRQ) to request 202–219–1121 (note: this is not a toll- intensity metric [to reflect impacts of] that the Office of Management and free number). Additional information densified facilities, centrally located Budget (OMB) approve the proposed about the Committee, including meeting workplace sites . . . and expansion of changes to the currently approved materials and updates on the task telework and hoteling.’’ information collection project: ‘‘Medical groups and their schedules, will be The conference calls will focus on Expenditure Panel Survey—Insurance available on-line at http://www.gsa.gov/ how the task groups can best refine Component.’’ In accordance with the gbac. these motions into consensus Paperwork Reduction Act, 44 U.S.C. SUPPLEMENTARY INFORMATION: recommendations of each group to the 3501-3521, AHRQ invites the public to Procedures for Attendance and Public full Committee, which will in turn comment on this proposed information Comment: Contact Mr. Ken Sandler at decide whether to proceed with formal collection.
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DATES: Comments on this notice must be (1) To provide data for Federal other employee benefits, demographic received by April 20, 2015. policymakers evaluating the effects of characteristics of employees, and retiree ADDRESSES: Written comments should National and State health care reforms. health insurance, is collected through be submitted to: Doris Leflcowitz, (2) To provide descriptive data on the the establishment questionnaire. Reports Clearance Officer, AHRQ, by current employer-sponsored health (3) Plan Questionnaire—The purpose email at [email protected]. insurance system and data for modeling of the mailed Plan Questionnaire is to Copies of the proposed collection the differential impacts of proposed collect plan-specific information on plans, data collection instruments, and health policy initiatives. each plan (up to four plans) offered by specific details on the estimated burden (3) To supply critical State and establishments that provide health can be obtained from the AHRQ Reports National estimates of health insurance insurance to their employees. This Clearance Officer. spending for the National Health questionnaire obtains information on FOR FURTHER INFORMATION CONTACT: Accounts and Gross Domestic Product. total premiums, employer and employee Doris Lefkowitz, AHRQ Reports (4) To support evaluation of the contributions to the premium, and plan Clearance Officer, (301) 427-1477, or by impact on health insurance offered by enrollment for each type of coverage email at [email protected]. small employers due to the offered—single, employee-plus-one, and implementation of Small Business SUPPLEMENTARY INFORMATION: family—within a plan. It also asks for Health Options Program (SHOP) information on deductibles, copays, and Proposed Project exchanges under the PPACA, through other plan characteristics. the addition of a longitudinal Medical Expenditure Panel Survey— (4) Longitudinal Sample (LS)—For component to the sample. Insurance Component 2015, an additional sample of small The MEPS-IC is conducted pursuant employers (those with 100 or fewer Employer-sponsored health insurance to AHRQ’ s statutory authority to employees) will be included in the is the source of coverage for 78 million conduct surveys to collect data on the collection. The LS will consist of 5,000 current and former workers, plus many cost, use and quality of health care, small, private-sector employers that of their family members, and is a including the types and costs of private responded to the 2014 MEPS–IC regular cornerstone of the U.S. health care insurance. 42 U.S.C. 299b–2(a). system. The Medical Expenditure Panel survey. These employers will be Survey—Insurance Component (MEPS- Method of Collection surveyed again in 2015—using the same IC) measures on an annual basis the To achieve the goals of this project the collection methods as the regular extent, cost, and coverage of employer- following data collections for both survey—in order to track changes in sponsored health insurance. These private sector and state and local their health insurance offerings, statistics are produced at the National, government employers will be characteristics, and costs. State, and sub-State (metropolitan area) implemented: The primary objective of the MEPS– level for private industry. Statistics are (1) Prescreener Questionnaire—The IC is to collect information on employer- also produced for State and Local purpose of the Prescreener sponsored health insurance. Such governments. The MEPS-IC was last Questionnaire, which is collected via information is needed in order to approved by OMB on November 21, telephone, varies depending on the provide the tools for Federal, State, and 2013 and will expire on November 30th, insurance status of the establishment academic researchers to evaluate current 2016. The OMB control number for the contacted. (Establishment is defined as and proposed health policies and to MEPSIC is 0935-0110. All of the a single, physical location in the private support the production of important supporting documents for the current sector and a governmental unit in state statistical measures for other Federal MEPS-IC can be downloaded from and local governments.) For agencies. OMB’s Web site at http:// establishments that do not offer health Estimated Annual Respondent Burden www.reginfo.gov/public/do/ insurance to their employees, the PRAViewDocument?ref_nbr=201310- prescreener is used to collect basic Exhibit 1 shows the estimated 0935-001. information such as number of annualized burden hours for the In order to ensure that the MEPS-IC is employees. Collection is completed for respondent’s time to provide the able to capture important changes in the these establishments through this requested data for the 2015 longitudinal employer-sponsored health insurance telephone call. For establishments that survey. The Prescreener questionnaire market due to the implementation of the do offer health insurance, contact name will be completed by 4,300 respondents Patient Protection and Affordable Care and address information is collected and takes about 5 minutes to complete. Act (PPACA), AHRQ will field a that is used for the mailout of the The Establishment questionnaire will be longitudinal survey in 2015 to include establishment and plan questionnaires. completed by 2,054 respondents and a sample of 5,000 small private sector Obtaining this contact information helps takes about 23 minutes to complete. The employers that responded to the 2014 ensure that the questionnaires are Plan questionnaire will be completed by MEPS-IC. The OMB clearance that was directed to the person in the 2,054 respondents and will require an approved on November 21, 2013 establishment best equipped to average of 1.4 responses per respondent. included the 2014 longitudinal survey, complete them. Each Plan questionnaire takes about 11 a survey of 3,000 respondents to the (2) Establishment Questionnaire—The minutes to complete. The total burden 2013 MEPS-IC, but did not include the purpose of the mailed Establishment hours are estimated to be 1,686 hours. 2015 longitudinal survey because the Questionnaire is to obtain general Exhibit 2 shows the estimated sample size was not finalized. This information from employers that annualized cost burden associated with submission is for the 2015 longitudinal provide health insurance to their the respondents’ time to participate in survey only; there are no other changes. employees. Information, such as total this data collection. The annualized cost This research has the following goals: active enrollment in health insurance, burden is estimated to be $51,322.
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EXHIBIT 1—ESTIMATED BURDEN HOURS FOR THE 2015 LONGITUDINAL SURVEY
Number of Form name Number of responses per Hours per response Total burden hours respondents respondent
Prescreener Questionnaire ...... 4,300 1 0.09 387 Establishment Questionnaire ...... 2,054 1 * 0.38 781 Plan Questionnaire ...... 2,054 1.4 0.18 518 Total ...... 8,408 na na 1,686 * The burden estimate printed on the establishment questionnaire is 45 minutes which includes the burden estimate for completing the estab- lishment questionnaire, an average of 1.4 plan questionnaires, plus the prescreener. The establishment and plan questionnaires are sent to the respondent as a package and are completed by the respondent at the same time.
EXHIBIT 2—ESTIMATED COST BURDEN FOR THE 2015 LONGITUDINAL SURVEY
Number of Average hourly Form name respondents Total burden hours wage rate * Total burden hours
Prescreener Questionnaire ...... 4,300 387 $30.44 $11,780 Establishment Questionnaire ...... 2,054 781 $30.44 $23,774 Plan Questionnaire ...... 2,054 518 $30.44 $15,768 Total ...... 8,408 1,686 na $51,322 * Based upon the mean hourly wage for Compensation, Benefits, and Job Analysis Specialists occupation code 13–1141, at http:// www.b1s.gov/oes/current/oes131141.htm (U.S. Department of Labor, Bureau of Labor Statistics).
Request for Comments DEPARTMENT OF HEALTH AND other forms of information technology, HUMAN SERVICES e.g., permitting electronic submission of In accordance with the Paperwork responses; and (e) Assess information Reduction Act, comments on AHRQ’s Centers for Disease Control and collection costs. information collection are requested Prevention To request additional information on with regard to any of the following: (a) the proposed project or to obtain a copy [30Day–15–0920] Whether the proposed collection of of the information collection plan and information is necessary for the proper Agency Forms Undergoing Paperwork instruments, call (404) 639–7570 or performance of AHRQ health care Reduction Act Review send an email to [email protected]. Written research and information dissemination comments and/or suggestions regarding functions, including whether the The Centers for Disease Control and the items contained in this notice information will have practical utility; Prevention (CDC) has submitted the should be directed to the Attention: (b) the accuracy of AHRQ’s estimate of following information collection request CDC Desk Officer, Office of Management burden (including hours and costs) of to the Office of Management and Budget and Budget, Washington, DC 20503 or the proposed collection(s) of (OMB) for review and approval in by fax to (202) 395–5806. Written information; (c) ways to enhance the accordance with the Paperwork comments should be received within 30 quality, utility, and clarity of the Reduction Act of 1995. The notice for days of this notice. the proposed information collection is information to be collected; and (d) Proposed Project ways to minimize the burden of the published to obtain comments from the public and affected agencies. collection of information upon the Data Collection Through Web Based Written comments and suggestions Surveys for Evaluating Act Against respondents, including the use of from the public and affected agencies AIDS Social Marketing Campaign automated collection techniques or concerning the proposed collection of Phases Targeting Consumers (Generic other forms of information technology. information are encouraged. Your ICR, OMB# 0920–0920, Expires 2/28/ Comments submitted in response to comments should address any of the 2015)—Extension—National Center for this notice will be summarized and following: (a) Evaluate whether the HIV/AIDS, Viral Hepatitis, STD and TB included in the Agency’s subsequent proposed collection of information is Prevention (NCHHSTP), Centers for request for OMB approval of the necessary for the proper performance of Disease Control and Prevention (CDC). proposed information collection. All the functions of the agency, including Background and Brief Description comments will become a matter of whether the information will have public record. practical utility; (b) Evaluate the In response to the continued HIV accuracy of the agencies estimate of the epidemic in our country, CDC has Dated: February 5, 2015. burden of the proposed collection of launched Act Against AIDS, a 5-year, Richard Kronick, Ph.D., information, including the validity of multifaceted communication campaign AHRQ Director. the methodology and assumptions used; to reduce HIV incidence in the United [FR Doc. 2015–02905 Filed 2–17–15; 8:45 am] (c) Enhance the quality, utility, and States. CDC plans to release the BILLING CODE 4160–90–P clarity of the information to be campaign in phases, with some of the collected; (d) Minimize the burden of phases running concurrently. Each the collection of information on those phase of the campaign will use mass who are to respond, including through media and direct-to-consumer channels the use of appropriate automated, to deliver HIV prevention and testing electronic, mechanical, or other messages. Some components of the technological collection techniques or campaign will be designed to provide
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basic education and increase awareness original approval date, 4,250 items: race/ethnicity, sexual behavior, of HIV/AIDS among the general public, respondents have participated in the and sexual orientation. Each survey will and others will be targeted to specific surveys. The number of remaining have a core set of items asked in all subgroups or communities at greatest respondents for the 3-year period is rounds, as well as a module of questions risk of infection. The current study 31,750. We anticipate screening relating to specific AAA activities and addresses the need to assess the approximately 52,915 individuals communication initiatives. effectiveness of these social marketing annually to achieve 10,583 respondents messages aimed at increasing HIV annually. The information collected Survey respondents will be selected awareness and delivering HIV from each of the data collections were from a combination of sources, prevention and testing messages among used to evaluate specific AAA campaign including a national opt-in email list at-risk populations. phases. We are requesting additional sample and respondent lists generated This extension of an ongoing study time to continue to survey other AAA by partnership organizations (e.g., the will evaluate the Act Against AIDS target audiences and campaign phases National Urban League, the National (AAA) social marketing campaign aimed and measuring exposure to each phase Medical Association). Participants will at increasing HIV/AIDS awareness, of the campaign and interventions self-administer the survey at home on increasing prevention behaviors, and implemented under AAA. personal computers. There is no cost to improving HIV testing rates among Depending on the target audience for the respondents other than their time. consumers. A total of 36,000 the campaign phase, the study screener The total number of estimated annual respondents were originally approved will vary. The study screener may burden hours is 7,056. for this 3-year data collection. Since the address one or more of the following
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Respondents Form name respondents responses per response respondent (in hours)
Individuals (male and female) aged 18 years Study Screener ...... 52,915 1 2/60 and older/Study Screener. Individuals (male and female) aged 18 years Survey ...... 10,583 1 30/60 and older.
Leroy A. Richardson, comments to Leroy A. Richardson, 1600 maintaining information, and disclosing Chief, Information Collection Review Office, Clifton Road, MS–D74, Atlanta, GA and providing information; to train Office of Scientific Integrity, Office of the 30333 or send an email to [email protected]. personnel and to be able to respond to Associate Director for Science, Office of the Comments submitted in response to a collection of information, to search Director, Centers for Disease Control and this notice will be summarized and/or data sources, to complete and review Prevention. included in the request for Office of the collection of information; and to [FR Doc. 2015–03246 Filed 2–17–15; 8:45 am] Management and Budget (OMB) transmit or otherwise disclose the BILLING CODE 4163–18–P approval. Comments are invited on: (a) information. Written comments should Whether the proposed collection of be received within 60 days of this information is necessary for the proper notice. DEPARTMENT OF HEALTH AND performance of the functions of the HUMAN SERVICES agency, including whether the Proposed Project information shall have practical utility; Birth Defects Study To Evaluate Centers for Disease Control and (b) the accuracy of the agency’s estimate Pregnancy exposures (BD–STEPS) Prevention of the burden of the proposed collection (formerly titled The National Birth [60Day–15–0010] of information; (c) ways to enhance the Defects Prevention Study (NBDPS)), quality, utility, and clarity of the (OMB 0920–0010, Expiration 01/31/ Proposed Data Collections Submitted information to be collected; (d) ways to 2017)—Revision—National Center on for Public Comment and minimize the burden of the collection of Birth Defects and Developmental Recommendations information on respondents, including Disabilities (NCBDDD), Centers for through the use of automated collection Disease Control and Prevention (CDC). The Centers for Disease Control and techniques or other forms of information Prevention (CDC), as part of its technology; and (e) estimates of capital Background and Brief Description continuing effort to reduce public or start-up costs and costs of operation, CDC has been monitoring the burden and maximize the utility of maintenance, and purchase of services occurrence of serious birth defects and government information, invites the to provide information. Burden means genetic diseases in Atlanta since 1967 general public and other Federal the total time, effort, or financial through the Metropolitan Atlanta agencies to take this opportunity to resources expended by persons to Congenital Defects Program (MACDP). comment on proposed and/or generate, maintain, retain, disclose or The MACDP is a population-based continuing information collections, as provide information to or for a Federal surveillance system for birth defects required by the Paperwork Reduction agency. This includes the time needed currently covering three counties in Act of 1995. To request more to review instructions; to develop, Metropolitan Atlanta. information on the below proposed acquire, install and utilize technology Since 1997, CDC has funded case- project or to obtain a copy of the and systems for the purpose of control studies of major birth defects information collection plan and collecting, validating and verifying that utilize existing birth defect instruments, call 404–639–7570 or send information, processing and surveillance registries (including
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MACDP) to identify cases and study the study will not ask BD–STEPS online questionnaire will be offered to birth defects causes in participating participants to participate in saliva approximately one third of participants states/municipalities across the United collection as originally planned, but we who report certain occupations during States. will add an opportunity for some the telephone interview; these The current study, BD–STEPS, is a participants to respond to an online participants will be asked to complete case-control study that is similar to the questionnaire, and we will also ask additional occupational questions via a previous CDC-funded birth defects case- some participants for permission to Web site which will take approximately control study, NBDPS, which stopped retrieve newborn bloodspots. 15 minutes to answer. interviewing participants in 2013. As The BD–STEPS interview takes Information gathered from both the with NBDPS, BD–STEPS control infants approximately forty-five minutes to interviews and the Deoxyribonucleic are randomly selected from birth complete. A maximum of 275 acid specimens has been and will certificates or birth hospital records; interviews are planned per year per continue to be used to study mothers of case and control infants are center, 200 cases and 75 controls. With independent genetic and environmental interviewed using a computer-assisted seven centers planned, the maximum factors as well as gene-environment telephone interview. interview burden for all centers interactions for a broad range of The results from NBDPS have combined would be approximately carefully classified birth defects. improved understanding of the causes 1,444 hours. Mothers in five of the of birth defects. Over 200 articles have seven BD–STEPS Centers will also be This request is submitted to revise the been written in professional journals asked to provide consent for the study previously estimated burden details and using the data from NBDPS, and BD– to access previously collected infant to request OMB clearance for three STEPS data will soon be added to bloodspots. It takes approximately 15 additional years. The total estimated NBDPS data for analysis. The current minutes to read, sign and return the annual burden hours are 1,949. BD–STEPS revision is a change in informed consent for retrieval of There are no costs to the respondents proposed data collection. Specifically, bloodspots. Finally, the newly planned other than their time.
ESTIMATES OF ANNUALIZED BURDEN HOURS
Average Number of Number of burden Total burden Respondents Activity respondents responses per per response hours respondent (In hours)
Mothers (interview) ...... Telephone consent and BD–STEPS 1,925 1 45/60 1,444 questionnaire. Mothers (consent for bloodspot re- Written consent for bloodspot re- 1,375 1 15/60 344 trieval). trieval. Mothers (online occupational ques- Online Occupational Questionnaire 642 1 15/60 161 tionnaire).
TOTAL ...... 1,949
Leroy A. Richardson, continuing information collections, as techniques or other forms of information Chief, Information Collection Review Office, required by the Paperwork Reduction technology; and (e) estimates of capital Office of Scientific Integrity, Office of the Act of 1995. To request more or start-up costs and costs of operation, Associate Director for Science, Office of the information on the below proposed maintenance, and purchase of services Director, Centers for Disease Control and project or to obtain a copy of the to provide information. Burden means Prevention. information collection plan and the total time, effort, or financial [FR Doc. 2015–03245 Filed 2–17–15; 8:45 am] instruments, call 404–639–7570 or send resources expended by persons to BILLING CODE 4163–18–P comments to Leroy A. Richardson, 1600 generate, maintain, retain, disclose or Clifton Road, MS–D74, Atlanta, GA provide information to or for a Federal 30333 or send an email to [email protected]. DEPARTMENT OF HEALTH AND agency. This includes the time needed HUMAN SERVICES Comments submitted in response to to review instructions; to develop, this notice will be summarized and/or acquire, install and utilize technology Centers for Disease Control and included in the request for Office of and systems for the purpose of Prevention Management and Budget (OMB) collecting, validating and verifying approval. Comments are invited on: (a) information, processing and [60Day–15–15NS] Whether the proposed collection of maintaining information, and disclosing information is necessary for the proper Proposed Data Collections Submitted and providing information; to train performance of the functions of the for Public Comment and personnel and to be able to respond to Recommendations agency, including whether the information shall have practical utility; a collection of information, to search The Centers for Disease Control and (b) the accuracy of the agency’s estimate data sources, to complete and review Prevention (CDC), as part of its of the burden of the proposed collection the collection of information; and to continuing effort to reduce public of information; (c) ways to enhance the transmit or otherwise disclose the burden and maximize the utility of quality, utility, and clarity of the information. Written comments should government information, invites the information to be collected; (d) ways to be received within 60 days of this general public and other Federal minimize the burden of the collection of notice. agencies to take this opportunity to information on respondents, including comment on proposed and/or through the use of automated collection
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Proposed Project is to determine the extent to which the a complete and accurate assessment of PSRs support planning and decision- the PSRs from the perspective of all CDC Prevention Status Reports: Non- making about strategies to improve potential users. Government User Satisfaction and public health and lead to specific Assessment data will ultimately be Impact—New—Office for State, Tribal actions intended to increase the use of Local and Territorial Support (OSTLTS), used to understand the extent PSR evidence-based and expert- recipients report that they are satisfied Centers for Disease Control and recommended public health policies with the quality of the PSRs and actions Prevention (CDC). and practices. Based on findings from they are taking to advance evidence- the data collection, OSTLTS may make Background and Brief Description based and expert-recommended policies additional modifications to the PSRs, In 2011, CDC Director Dr. Thomas R. augment the PSRs with additional and practices due to the PSRs. For Frieden commissioned OSTLTS with supporting products, and/or enhance example, it is unknown to what extent creating and disseminating the communication and dissemination the PSRs are being used to support Prevention Status Reports (PSRs). The efforts. Data will be collected through a planning and decision-making about PSRs highlight the status of public web-based questionnaire. An email public health priorities and whether or health policies and practices designed invitation with a link to the online not modifications would make them to prevent or reduce ten important questionnaire will be sent to a more useful. Findings will also be used public health problems and concerns, convenience sample consisting of: (1) to develop manuscripts to submit for including Excessive Alcohol Use; Food Randomly selected subscribers to PSR publication in peer-reviewed journals Safety; Healthcare-Associated email updates and (2) staff from key focused on assessment and public Infections; Heart Disease and Stroke; non-governmental partner organizations health practice. For example, user HIV; Motor Vehicle Injuries, Nutrition; that were targeted by CDC for the initial descriptions of how the PSRs are being Physical Activity, and Obesity; public dissemination of the PSRs in used effectively to stimulate efforts to Prescription Drug Overdose, Teen January 2014. The invitation will be improve public health policies and Pregnancy, and Tobacco Use. sent to a total of 1,995 potential practices would be important CDC is requesting a three-year respondents. information to share with the public approval for a generic clearance to Prior assessments of the PSRs have health field. There is no cost to conduct a one-time assessment of non- been conducted of governmental staff participants other than their time. The governmental recipients and users of the only. Non-government staffs are also estimated annualized burden hours for PSRs, to determine its reach, usefulness, critical stakeholders and users of the this data collection activity are 499 and impact. The goal of the assessment PSRs. Their input is necessary to ensure hours.
ESTIMATED ANNUALIZED BURDEN HOURS
Avgerage Number of Number of burden per Total burden Type of respondents Form name respondents responses per response (in hrs.) respondent (in hrs.)
Non-government PSR recipients ...... PSR Online Assessment ...... 1,995 1 15/60 499
Total ...... 499
Leroy A. Richardson, general public and other Federal quality, utility, and clarity of the Chief, Information Collection Review Office, agencies to take this opportunity to information to be collected; (d) ways to Office of Scientific Integrity, Office of the comment on proposed and/or minimize the burden of the collection of Associate Director for Science, Office of the continuing information collections, as information on respondents, including Director, Centers for Disease Control and required by the Paperwork Reduction through the use of automated collection Prevention. Act of 1995. To request more techniques or other forms of information [FR Doc. 2015–03247 Filed 2–17–15; 8:45 am] information on the below proposed technology; and (e) estimates of capital BILLING CODE 4163–18–P project or to obtain a copy of the or start-up costs and costs of operation, information collection plan and maintenance, and purchase of services instruments, call 404–639–7570 or send to provide information. Burden means DEPARTMENT OF HEALTH AND comments to Leroy A. Richardson, 1600 HUMAN SERVICES the total time, effort, or financial Clifton Road, MS–D74, Atlanta, GA resources expended by persons to 30333 or send an email to [email protected]. Centers for Disease Control and Comments submitted in response to generate, maintain, retain, disclose or Prevention this notice will be summarized and/or provide information to or for a Federal included in the request for Office of agency. This includes the time needed [60Day–15–1500] Management and Budget (OMB) to review instructions; to develop, acquire, install and utilize technology Proposed Data Collections Submitted approval. Comments are invited on: (a) and systems for the purpose of for Public Comment and Whether the proposed collection of collecting, validating and verifying Recommendations information is necessary for the proper performance of the functions of the information, processing and The Centers for Disease Control and agency, including whether the maintaining information, and disclosing Prevention (CDC), as part of its information shall have practical utility; and providing information; to train continuing effort to reduce public (b) the accuracy of the agency’s estimate personnel and to be able to respond to burden and maximize the utility of of the burden of the proposed collection a collection of information, to search government information, invites the of information; (c) ways to enhance the data sources, to complete and review
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the collection of information; and to with community organizations for A key component of Work@Health transmit or otherwise disclose the additional support. An initial, small- uses a Train-the-Trainer training model information. Written comments should scale Phase 1 needs assessment and to assist with the dissemination of the be received within 60 days of this Work@Health pilot program evaluation Work@Health Program. In the notice. were conducted in 2013–2014 (OMB Expansion Program, up to 100 additional Train-the-Trainer Proposed Project No. 0920–0989, exp. 9/30/2014), followed in March 2014 by expanded participants will receive enhanced ® CDC Work@Health Advance: Phase 2 full scale training and technical training in how to deliver the Evaluation of Train-the-Trainer and assistance activities involving more than curriculum to employers across the Advanced Technical Assistance 200 employers nationwide (OMB No. country. They will receive technical Programs—New—National Center for 0920–1006, exp. 1/31/2016). Individuals assistance and access to an online peer Chronic Disease Prevention and Health who completed the training and learning platform. Applicants for the Promotion (NCCDPHP), Centers for technical assistance program received a Train-the-Trainer model must have Disease Control and Prevention (CDC). Certificate of Completion. previous knowledge, training, and Background and Brief Description CDC’s Work@Health activities support experience with workplace health and complement the efforts of numerous programs and an interest in becoming In the United States, chronic diseases instructors for the Work@Health such as heart disease, obesity and employers, public health agencies, non- profit organizations, and other Program. They may be referred by diabetes are among the most common employers, health departments, and costly health problems, but they are professional organizations that share an interest in increasing the number of business coalitions, trade associations, also among the most preventable. or other organizations. Adopting healthy behaviors can prevent effective, science-based workplace health programs across the United CDC is requesting OMB approval to the devastating effects and reduce the initiate information collection for the rates of these diseases. Many employers States. Some of these entities have participated directly in Work@Health to Work@Health Expansion Program in are recognizing the role they can play in Spring 2015. CDC plans to collect creating healthy work environments and take their training and apply it more broadly in their communities. Other information from employers who have providing employees with opportunities previously completed the Work@Health to make healthy lifestyle choices. entities offer employers opportunities for recognition or accreditation of their training and technical assistance to To support these efforts, the Centers assess readiness for accreditation of workplace health programs based on for Disease Control and Prevention their workplace health program and many of the core concepts and (CDC) established a comprehensive their need for additional technical principles addressed in the workplace health program called Work@ assistance; to obtain trainees’ reactions Work@Health training. Recognition or Health. The program is authorized by to the advanced technical assistance; accreditation programs enhance the Public Health Service Act and and to document their experience standards of practice and are appealing funded through the Prevention and applying for and receiving accreditation to employers to improve their visibility Public Health Fund of the Patient of their workplace health program. CDC and status, but typically take several Protection and Affordable Care Act also plans to collect information needed years of program growth and (ACA). CDC’s key objectives for the to select the individuals who will Work@Health program include: (1) development for employers to be in participate in the enhanced Train-the- Increasing understanding of employer position to successfully obtain them. Trainer model; and to assess changes in training needs and the best ways to CDC proposes a new information trainees’ knowledge and skills before deliver skill-based training; (2) collection to support continued and after participation in Work@Health increasing employers’ level of expansion of the Work@Health program. Train-the Trainer model. Graduates of knowledge and awareness of workplace The expanded program will offer more the Work@Health program will be given health program concepts and principles; advanced training and technical the opportunity to complete an annual (3) Building employer skills and assistance to employers or trainers who survey to assess their capacity to capacity for developing or expanding have previously received a Certificate of maintain and sustain their workplace workplace health programs; and (4) Completion for participating in the basic health program after formal training promoting peer-to-peer, community- Work@Health training and technical participation has ended. All information based employer cooperation and assistance program. In addition to will be collected online to maximize the mentoring. emphasizing the mastery of core convenience to respondents. Through the Work@Health program, workplace health principles and Respondents will include employers CDC developed a training curriculum concepts introduced in the basic course, who have previously completed the for employers based on a problem- the expanded Work@Health program Work@Health training; those that solving approach to improving will offer targeted technical assistance continue onto the advanced technical employer knowledge and skills related to help employers prepare for the assistance program, and individuals to effective, science-based workplace process of getting their worksite who apply to participate in the train- health programs, and supporting the accredited by an external organization. the-trainer model. adoption of these programs in the The advanced technical assistance will Information will be used to evaluate workplace. Topics covered in the include an organizational accreditation the effectiveness of the Work@Health Work@Health curriculum include readiness assessment as well as program in terms of (1) increasing principles, strategies, and tools for assessment-driven technical assistance employers’ knowledge and capacity to leadership engagement; how to make a focused on organizational alignment, implement workplace health programs business case for workplace health population health management, and and to facilitate applying for programs; how to assess the needs of data, outcomes, and reporting. accreditation for their programs, and (2) organizations and individual Employers will be responsible for increasing the number of trainers who employees; how to plan, implement, selecting the external recognition or can provide employers with knowledge and evaluate sustainable workplace accreditation program that best fits with and skills in science-based workplace health programs; and how to partner their vision and goals. health programs, policies and practices.
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The information will also be used to employers in the area of workplace burden hours are 470. Participation is identify the best way(s) to deliver skill- health. voluntary and there are no costs to based training and technical support to OMB approval is requested for three participants other than their time. years. The total estimated annualized
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Total burden Type of respondents Form name respondents responses per response (in hr) respondent (in hr)
Employers Continuing to Advanced Accreditation Readiness Assess- 120 2 30/60 120 Technical Assistance. ment. Advanced TA Survey ...... 120 2 20/60 80 Follow-up Accreditation Survey ...... 120 1 10/60 20 Interested New Train-the-Trainer Train-the Trainer Application Form .. 200 1 30/60 100 Participants. New Train-the-Trainer Participants in Train-the-Trainer Knowledge and 100 2 30/60 100 the Work@Health Program. Skills Survey. Employer Graduates of Employer Follow-Up Survey ...... 200 1 15/60 50 Work@Health.
Total ...... 470
Leroy A. Richardson, the methodology and assumptions used; Prevention: (1) pregnancy success rates Chief, Information Collection Review Office, (c) Enhance the quality, utility, and achieved by such ART program, and (2) Office of Scientific Integrity, Office of the clarity of the information to be the identity of each embryo laboratory Associate Director for Science, Office of the collected; (d) Minimize the burden of used by such ART program and whether Director, Centers for Disease Control and the collection of information on those the laboratory is certified or has applied Prevention. who are to respond, including through for such certification under the Act. [FR Doc. 2015–03266 Filed 2–17–15; 8:45 am] the use of appropriate automated, Information is transmitted to CDC BILLING CODE 4163–18–P electronic, mechanical, or other electronically through the Web-based technological collection techniques or National ART Surveillance System other forms of information technology, (NASS) or NASS-compatible files DEPARTMENT OF HEALTH AND e.g., permitting electronic submission of extracted from other record systems. HUMAN SERVICES responses; and (e) Assess information CDC requests OMB approval to continue collection costs. information collection for three years, Centers for Disease Control and To request additional information on Prevention with changes that will be phased in the proposed project or to obtain a copy during this period. [30Day–15–0556] of the information collection plan and instruments, call (404) 639–7570 or Information collection will continue Proposed Data Collections Submitted send an email to [email protected]. Written under currently approved procedures for Public Comment and comments and/or suggestions regarding through December 31, 2015. Revised Recommendations the items contained in this notice reporting requirements are planned for should be directed to the Attention: ART cycles initiated on or after January The Centers for Disease Control and CDC Desk Officer, Office of Management 1, 2016. The proposed changes reflect Prevention (CDC) has submitted the and Budget, Washington, DC 20503 or CDC’s ongoing dialogue with subject following information collection request by fax to (202) 395–5806. Written matter experts including partner to the Office of Management and Budget comments should be received within 30 organizations and the data collection (OMB) for review and approval in days of this notice. contractor. These consultations identify accordance with the Paperwork changes to the NASS data elements that Reduction Act of 1995. The notice for Proposed Project are essential to keep pace with changes the proposed information collection is Assisted Reproductive Technology in medical practice and other published to obtain comments from the (ART) Program Reporting System (OMB opportunities for improvement. The public and affected agencies. No. 0920–0556, expires 8/31/2015)— proposed changes to the NASS data Written comments and suggestions Revision—National Center for Chronic elements will ensure that reported from the public and affected agencies Disease Prevention and Health success rates reflect standardized data concerning the proposed collection of Promotion (NCCDPHP), Centers for definitions and provide additional information are encouraged. Your Disease Control and Prevention (CDC). insight into factors that may affect comments should address any of the success rates. Concurrent with changes following: (a) Evaluate whether the Background and Brief Description to data elements, the NASS data entry proposed collection of information is Section 2(a) of Public Law 102–493 pages will be redesigned for more necessary for the proper performance of (known as the Fertility Clinic Success intuitive grouping of data items and the functions of the agency, including Rate and Certification Act of 1992 improved skip logic that will route users whether the information will have (FCSRCA), 42 U.S.C. 263a–1(a)), to the minimum number of applicable practical utility; (b) Evaluate the requires that each assisted reproductive questions. Finally, CDC will continue to accuracy of the agencies estimate of the technology (ART) program shall collect feedback from ART clinics on burden of the proposed collection of annually report to the Secretary through NASS reporting procedures. information, including the validity of the Centers for Disease Control and Participation in the brief Feedback
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Survey is voluntary and is not required request also includes a one-time Overall, the proposed changes will by the FCSRCA. allocation of 40 burden hours per clinic. support CDC’s ability to generate timely, During the period of this Revision, This allocation acknowledges the time accurate, and relevant information about estimated annualized burden will needed to deploy the updated NASS fertility clinic success rates and improve increase due to an anticipated increase platform and train staff on revised user satisfaction with the NASS in the number of responding clinics, an reporting requirements. interface. anticipated increase in the average The collection of ART cycle OMB approval is requested for three number of ART cycles reported by each information allows CDC to publish an years. The total estimated annualized clinic, and a modest increase in the annual report to Congress as specified burden hours are 116,425. There are no estimated burden per response for by the FCSRCA and to provide costs to respondents other than their reporting each ART cycle. The Revision information needed by consumers. time.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Average Number of number of burden per Respondents Form name respondents responses per response respondent (in hours)
ART Clinics ...... NASS 447 353 42/60 Feedback 335 1 2/60 Survey One-time 149 1 40 System Deployment
Leroy A. Richardson, the authority to sign Federal Register Control and Prevention (CDC) Chief, Information Collection Review Office, notices pertaining to announcements of announces the aforementioned meeting: Office of Scientific Integrity, Office of the meetings and other committee Time And Date: 1:00 p.m.–4:00 p.m., Associate Director for Science, Office of the management activities for both the March 17, 2015 (Closed). Director, Centers for Disease Control and Centers for Disease Control and Prevention. Prevention and the Agency for Toxic Place: Teleconference. [FR Doc. 2015–03244 Filed 2–17–15; 8:45 am] Substances and Disease Registry. Status: The meeting will be closed to BILLING CODE 4163–18–P the public in accordance with Elaine L. Baker, provisions set forth in Section 552b(c) Director, Management Analysis and Services (4) and (6), Title 5 U.S.C., and the DEPARTMENT OF HEALTH AND Office, Centers for Disease Control and HUMAN SERVICES Prevention. Determination of the Director, Management Analysis and Services [FR Doc. 2015–03253 Filed 2–17–15; 8:45 am] Office, CDC, pursuant to Public Law 92– Centers for Disease Control and BILLING CODE 4163–18–P Prevention 463. Matters For Discussion: The meeting Board of Scientific Counselors, DEPARTMENT OF HEALTH AND will include the initial review, National Institute for Occupational HUMAN SERVICES discussion, and evaluation of Safety and Health: Notice of Charter applications received in response to Renewal Centers for Disease Control and ‘‘NIOSH Member Conflict Review, PA This gives notice under the Federal Prevention 07–318.’’ Advisory Committee Act (Pub. L. 92– Disease, Disability, and Injury Contact Person For More Information: 463) of October 6, 1972, that the Board Nina Turner, Ph.D., Scientific Review of Scientific Counselors, National Prevention and Control Special Emphasis Panel (SEP): Initial Review Officer, 1095 Willowdale Road, Institute for Occupational Safety and Morgantown, WV 26506, Telephone: Health, Centers for Disease Control and The meeting announced below (304) 285–5976. Prevention, Department of Health and concerns NIOSH Member Conflict Human Services, has been renewed for The Director, Management Analysis Review, PA 07–318, initial review. a 2-year period through February 3, and Services Office, has been delegated These applications would normally be 2017. the authority to sign Federal Register For information, contact John A. reviewed by the Safety and notices pertaining to announcements of Decker, C.I.H., R.Ph., M.S., Executive Occupational Health Study Section; meetings and other committee Secretary and Designated Federal however some of the applications were management activities, for both the Officer, Board of Scientific Counselors, submitted by Study Section members, Centers for Disease Control and National Institute for Occupational thus creating conflicts of interest for the Prevention and the Agency for Toxic Safety and Health, Centers for Disease Study Section members. To avoid Substances and Disease Registry. Control and Prevention, Department of conflicts of interest, these applications Health and Human Services, 1600 will be reviewed by a group other than Catherine Ramadei, Clifton Road NE., Mailstop E–20, the Safety and Occupational Health Acting Director, Management Analysis and telephone 404–498–2582, fax 404–498– Study Section. Services Office, Centers for Disease Control 2526. In accordance with Section 10(a)(2) of and Prevention. The Director, Management Analysis the Federal Advisory Committee Act [FR Doc. 2015–03257 Filed 2–17–15; 8:45 am] and Services Office, has been delegated (Pub. L. 92–463), the Centers for Disease BILLING CODE 4163–18–P
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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES HUMAN SERVICES
Centers for Disease Control and Centers for Disease Control and Centers for Disease Control and Prevention Prevention Prevention
Disease, Disability, and Injury Disease, Disability, and Injury Advisory Committee to the Director Prevention and Control; Special Prevention and Control Special (ACD), Centers for Disease Control and Emphasis Panel (SEP): Initial Review Emphasis Panel (SEP): Initial Review Prevention—State, Tribal, Local and Territorial (STLT) Subcommittee The meeting announced below The meeting announced below concerns Public Health Research on concerns Comparison and Validation of In accordance with section 10(a)(2) of Modifiable Risk Factors for Spina Screening Tools for Substance Use the Federal Advisory Committee Act Bifida, DD15–001, initial review. Among Pregnant Women, DP15–003, (Pub. L. 92–463), the Centers for Disease In accordance with section 10(a)(2) of initial review. Control and Prevention (CDC) the Federal Advisory Committee Act In accordance with section 10(a)(2) of announces the following meeting of the (Pub. L. 92–463), the Centers for Disease the Federal Advisory Committee Act aforementioned subcommittee: Control and Prevention (CDC) (Pub. L. 92–463), the Centers for Disease Time and Date: 3:30 p.m.—5:00 p.m. announces the aforementioned meeting: Control and Prevention (CDC) EDT, March 13, 2015. Time and Date: 10:00 a.m.–6:00 p.m., announces the aforementioned meeting: Place: This meeting will be held by March 19, 2015 (Closed) Time and Date teleconference. Place: Teleconference. Status: This meeting is open to the 9:00 a.m.–6:30 p.m., March 18, 2015 public, limited only by the availability Status: The meeting will be closed to (Closed) the public in accordance with of telephone ports. The public is provisions set forth in section 552b(c) Place: Teleconference. welcome to participate during the public comment, which is tentatively (4) and (6), title 5 U.S.C., and the Status: The meeting will be closed to scheduled from 4:45 p.m. to 4:55 p.m. Determination of the Director, the public in accordance with To participate on the teleconference, Management Analysis and Services provisions set forth in section 552b(c) please dial (888) 233–0592 and enter Office, CDC, pursuant to Pub. L. 92–463. (4) and (6), title 5 U.S.C., and the code 33288611. Matters for Discussion: The meeting Determination of the Director, will include the initial review, Management Analysis and Services Purpose: The Subcommittee will discussion, and evaluation of Office, CDC, pursuant to Pub. L. 92–463. provide advice to the CDC Director through the ACD on strategies and applications received in response to Matters for Discussion: The meeting future needs and challenges faced by ‘‘Public Health Research on Modifiable will include the initial review, State, Tribal, Local and Territorial Risk Factors for Spina Bifida, DD15– discussion, and evaluation of health agencies, and will provide 001, initial review.’’ applications received in response to guidance on opportunities for CDC. Contact Person for More Information: ‘‘Comparison and Validation of M. Chris Langub, Ph.D., Scientific Screening Tools for Substance Use Matters for Discussion: The STLT Review Officer, CDC, 4770 Buford among Pregnant Women, DP15–003, Subcommittee members will discuss Highway NE., Mailstop F–80, Atlanta, initial review.’’ progress on implementation of ACD- adopted recommendations related to Georgia 30341, Telephone: (770) 488– Contact Person for More Information: Public Health Surveillance, Public 3585, [email protected]. M. Chris Langub, Ph.D., Scientific Health Finance and Social Determinants The Director, Management Analysis Review Officer, CDC, 4770 Buford of Health as they relate to STLT public and Services Office, has been delegated Highway NE., Mailstop F–80, Atlanta, health agencies. the authority to sign Federal Register Georgia 30341, Telephone: (770) 488– notices pertaining to announcements of 3585, [email protected]. The agenda is subject to change as priorities dictate. meetings and other committee The Director, Management Analysis management activities, for both the and Services Office, has been delegated Contact Person for More Information: Centers for Disease Control and the authority to sign Federal Register Judith Monroe, M.D., Designated Prevention and the Agency for Toxic notices pertaining to announcements of Federal Officer, State, Tribal, Local and Substances and Disease Registry. meetings and other committee Territorial Subcommittee, Advisory Committee to the Director, CDC, 1600 Elaine L. Baker, management activities, for both the Clifton Road NE., M/S E–70, Atlanta, Director, Management Analysis and Services Centers for Disease Control and Prevention and the Agency for Toxic Georgia 30333, Telephone (404) 498– Office, Centers for Disease Control and 0300, Email: [email protected]. Prevention. Substances and Disease Registry. The Director, Management Analysis [FR Doc. 2015–03254 Filed 2–17–15; 8:45 am] Elaine L. Baker, BILLING CODE 4163–18–P and Services Office, has been delegated Director, Management Analysis and Services the authority to sign Federal Register Office, Centers for Disease Control and notices pertaining to announcements of Prevention. meetings and other committee [FR Doc. 2015–03255 Filed 2–17–15; 8:45 am] management activities, for both the BILLING CODE 4163–18–P Centers for Disease Control and
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Prevention and the Agency for Toxic Matters for Discussion: The meeting OMB No.: OMB No: 0970–265. Substances and Disease Registry. will include the initial review, Description: The Department of discussion, and evaluation of Elaine L. Baker, Health and Human Services (HHS), applications received in response to Administration for Children and Director, Management Analysis and Services ‘‘Establishing a Vision and Eye Health Families (ACF) proposes to revise the Office, Centers for Disease Control and Surveillance System for the Nation, Prevention (CDC). ANA Reviewer Profile for Panel Review DP15–004, initial review.’’ [FR Doc. 2015–03252 Filed 2–17–15; 8:45 am] Contact Person for More Information: Participation Form. The ANA Reviewer BILLING CODE 4163–18–P M. Chris Langub, Ph.D., Scientific Profile for Panel Review Participation Review Officer, CDC, 4770 Buford Form is used to collect information from Highway NE., Mailstop F–80, Atlanta, prospective proposal reviewers in DEPARTMENT OF HEALTH AND Georgia 30341, Telephone: (770) 488– compliance with 42 U.S.C. 2991d 1. HUMAN SERVICES 3585, [email protected]. First time reviewers will be required to The Director, Management Analysis Centers for Disease Control and complete all sections of the form while and Services Office, has been delegated Prevention returning reviewers will be required to the authority to sign Federal Register complete the first section of the Disease, Disability, and Injury notices pertaining to announcements of document and other necessary updates. Prevention and Control; Special meetings and other committee The form allows the Commissioner of Emphasis Panel (SEP): Initial Review management activities, for both the ANA to select qualified people to Centers for Disease Control and review grant applications submitted in The meeting announced below Prevention and the Agency for Toxic response to funding opportunity concerns Establishing a Vision and Eye Substances and Disease Registry. announcements for ANA’s primary Health Surveillance System for the Elaine L. Baker, programs: Social and Economic Nation, DP15–004, initial review. Director, Management Analysis and Services Development Strategies (SEDS); Native In accordance with section 10(a)(2) of Office, Centers for Disease Control and Language Preservation and the Federal Advisory Committee Act Prevention. Maintenance; and Environmental (Pub. L. 92–463), the Centers for Disease [FR Doc. 2015–03256 Filed 2–17–15; 8:45 am] Regulatory Enhancement. The panel Control and Prevention (CDC) BILLING CODE 4163–18–P review process is a legislative mandate announces the aforementioned meeting: in the ANA grant funding process. Time and Date: 10:00 a.m.–5:00 p.m., March 10, 2015 (Closed). DEPARTMENT OF HEALTH AND Respondents: All US citizens Place: Teleconference. HUMAN SERVICES including: Native Americans, Native Status: The meeting will be closed to Alaskans, Native Hawaiians and other the public in accordance with Administration for Children and Pacific Islanders. provisions set forth in section 552b(c) Families (4) and (6), title 5 U.S.C., and the Proposed Information Collection Determination of the Director, Activity: Comment Request Management Analysis and Services Office, CDC, pursuant to Public Law 92– Title: ANA Reviewer Profile for Panel 463. Review Participation Form.
ANNUAL BURDEN ESTIMATES
Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours
ANA Consultant and Evaluator Qualifications Form ...... 300 1 .5 150
Estimated Total Annual Burden identified by the title of the information comments and suggestions submitted Hours: 150. collection. within 60 days of this publication. In compliance with the requirements The Department specifically requests of Section 506(c)(2)(A) of the Paperwork comments on: (a) Whether the proposed Robert Sargis, Reduction Act of 1995, the collection of information is necessary Report Clearance Officer. Administration for Children and for the proper performance of the [FR Doc. 2015–03302 Filed 2–17–15; 8:45 am] Families is soliciting public comment functions of the agency, including BILLING CODE 4184–01–P on the specific aspects of the whether the information shall have information collection described above. practical utility; (b) the accuracy of the Copies of the proposed collection of agency’s estimate of the burden of the information can be obtained and proposed collection of information; (c) comments may be forwarded by writing the quality, utility, and clarity of the to the administration for Children and information to be collected; and (d) Families, Office of Planning, Research ways to minimize the burden of the and Evaluation, 370 L’Enfant collection of information on Promenade SW., Washington, DC 20447, respondents, including through the use Attn: ACF Reports Clearance Officer. of automated collection techniques or Email address: infocollection@ other forms of information technology. acf.hhs.gov. All requests should be Consideration will be given to
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DEPARTMENT OF HEALTH AND and Drug Administration, 8455 requirements, and has instituted a HUMAN SERVICES Colesville Rd., COLE–14526, Silver voluntary consultation process with Spring, MD 20993–0002, PRAStaff@ industry. To facilitate this process the Food and Drug Administration fda.hhs.gov. Agency has issued a guidance entitled, ‘‘Guidance on Consultation Procedures: [Docket No. FDA–2010–D–0073] SUPPLEMENTARY INFORMATION: In Foods From New Plant Varieties,’’ compliance with 44 U.S.C. 3507, FDA Agency Information Collection which is available on FDA’s Web site at has submitted the following proposed Activities; Submission for Office of http://www.fda.gov/FoodGuidances. collection of information to OMB for Management and Budget Review; The guidance describes FDA’s review and clearance. Comment Request; Guidance on consultation process for the evaluation Consultation Procedures: Foods Guidance on Consultation Procedures: of information on new plant varieties Derived From New Plant Varieties Foods Derived From New Plant provided by developers. The Agency Varieties—(OMB Control No. 0910– believes this consultation process will AGENCY: Food and Drug Administration, 0704)—(Extension) help ensure that human food and HHS. animal feed safety issues or other ACTION: Notice. Since 1992, when FDA issued its regulatory issues (e.g. labeling) are ‘‘Statement of Policy: Foods Derived SUMMARY: The Food and Drug resolved prior to commercial from New Plant Varieties’’ (the 1992 distribution. Additionally, such Administration (FDA) is announcing policy) (57 FR 22984, May 29, 1992), that a proposed collection of communication will help to ensure that FDA has encouraged developers of new any potential food safety issues information has been submitted to the plant varieties, including those varieties Office of Management and Budget regarding a new plant variety are that are developed through resolved during development, and will (OMB) for review and clearance under biotechnology, to consult with FDA the Paperwork Reduction Act of 1995. help to ensure that all market entry during the plant development process to decisions by the industry are made DATES: Fax written comments on the discuss possible scientific and collection of information by March 20, consistently and in full compliance with regulatory issues that might arise. In the the standards of the FD&C Act. 2015. 1992 policy, FDA explained that, under ADDRESSES: To ensure that comments on the Federal Food, Drug, and Cosmetic Description of Respondents: the information collection are received, Act (the FD&C Act), developers of new Respondents to this collection of OMB recommends that written foods (in this document food refers to information include developers of new comments be faxed to the Office of both human food and animal feed) have plant varieties intended for food use. Information and Regulatory Affairs, a responsibility to ensure that the foods In the Federal Register of December OMB, Attn: FDA Desk Officer, FAX: they offer to consumers are safe and are 11, 2014 (79 FR 73590), FDA published 202–395–7285, or emailed to oira_ in compliance with all requirements of a 60-day notice requesting public [email protected]. All the FD&C Act (57 FR 22984 at 22985). comment on the proposed collection of comments should be identified with the FDA recommends that producers who information. One comment was OMB control number 0910–0704. Also use biotechnology in the manufacture or received; however, it was not responsive include the FDA docket number found development of foods and food to the information collection topics in brackets in the heading of this ingredients work cooperatively with solicited in the notice and is not, document. FDA to ensure that products derived therefore, addressed in this document. FOR FURTHER INFORMATION CONTACT: FDA through biotechnology are safe and FDA estimates the burden of this PRA Staff, Office of Operations, Food comply with all applicable legal collection as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of Average Activity FDA Form No. Number of responses per Total annual burden per Total hours respondents respondent responses response
Initial consultation ...... None ...... 20 2 40 4 160 Final consultation ...... FDA 3665 ...... 12 1 12 150 1,800
Total ...... 1,960 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
Initial Consultations FDA early in the process of developing industry and the Agency in exercising such a variety, even though there is no their mutual responsibilities under the Initial consultations are generally a legal obligation for such consultation. FD&C Act. one-time burden, although a developer These consultations have served to might return more than once to discuss FDA estimates that its Center for make FDA aware of foods and food additional issues before submitting a Veterinary Medicine and its Center for final consultation. As noted in the ingredients before these products are Food Safety and Applied Nutrition guidance, FDA encourages developers to distributed commercially, and have jointly received an average of 40 initial consult early in the development phase provided FDA with the information consultations per year in the last 3 years of their products, and as often as necessary to address any potential via telephone, email, or written letter. necessary. Historically, firms questions regarding the safety, labeling, Based on this information, we expect to developing a new bioengineered plant or regulatory status of the food or food receive no more than 40 annually in the variety intended for food use have ingredient. As such, these consultations next 3 years. generally initiated consultation with have provided assistance to both
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Final Consultations food or offering such articles for importers for which she handled the Final consultations are a one-time importation into the United States. FDA process of importing, and coordinating burden. At some stage in the process of bases this order on a finding that Ms. with brokers to enter and bring in, research and development, a developer Lin was convicted, as defined in the Chinese-origin honey into the United will have accumulated the information FD&C Act, of three felony counts under States. On or about December 13, 2009, Ms. that the developer believes is adequate Federal law for conduct relating to the Lin entered and introduced Chinese- to ensure that food derived from the importation into the United States of an origin honey into the United States by new plant variety is safe and that it article of food. Ms. Lin was given notice means of a false and fraudulent practice, demonstrates compliance with the of the proposed debarment and an false statement, and fraudulent and false relevant provisions of the FD&C Act. opportunity to request a hearing within papers, including Bureau of Customs The developer will then be in a position the timeframe prescribed by regulation. and Border Protection (CBP) forms that to conclude any ongoing consultation As of August 29, 2014 (30 days after falsely declared that approximately four with FDA. The developer submits to receipt of the notice), Ms. Lin had not responded. Ms. Lin’s failure to respond container loads of Chinese-origin honey FDA a summary of the safety and with a declared value upon entry of nutritional assessment that has been constitutes a waiver of her right to a hearing concerning this action. approximately $92,822 was Chinese conducted about the bioengineered food honey syrup. By so doing, Ms. Lin that is intended to be introduced into DATES: This order is effective February 18, 2015. caused losses to the United States of commercial distribution. FDA evaluates approximately $205,141 in uncollected ADDRESSES: Submit applications for the submission to ensure that all anti-dumping duties and honey termination of debarment to the potential safety and regulatory questions assessment fees, when in fact she knew Division of Dockets Management (HFA– have been addressed. FDA has the product was Chinese honey. This 305), Food and Drug Administration, developed a form that prompts a was in violation of 18 U.S.C. 542. developer to include certain elements in 5630 Fishers Lane, Rm. 1061, Rockville, On or about December 13, 2009, Ms. the final consultation in a standard MD 20852. Lin entered and introduced Chinese- format: Form FDA 3665, entitled, ‘‘Final FOR FURTHER INFORMATION CONTACT: origin honey into the United States by Consultation for Food Derived From a Kenny Shade, Division Of Enforcement, means of a false and fraudulent practice, New Plant Variety (Biotechnology Final Office of Enforcement and Import false statement, and fraudulent and false Consultation).’’ The form, and elements Operations, Office of Regulatory Affairs, papers, including CBP forms that falsely that would be prepared as attachments Food and Drug Administration, 12420 declared that approximately three to the form, can be submitted in Parklawn Dr. (ELEM4144), Rockville, container loads of Chinese-origin honey electronic format. MD 20857, 301–796–4640. with a declared value upon entry of Upon implementation of the SUPPLEMENTARY INFORMATION: approximately $69,617 was Chinese collection, FDA contacted five firms that honey syrup. By so doing, Ms. Lin I. Background had made one or more biotechnology caused losses to the United States of consultation submissions. We asked Section 306(b)(1)(C) of the FD&C Act approximately $153,855 in uncollected each of these firms for an estimate of the (21 U.S.C. 335a(b)(1)(C)) permits FDA to anti-dumping duties and honey hourly burden to prepare a submission debar an individual from importing an assessment fees, when in fact she knew under the voluntary biotechnology article of food or offering such an article the product was Chinese honey. This consultation process. Based on for import into the United States if FDA was in violation of 18 U.S.C. 542. information provided by the three firms finds, as required by section On or about December 13, 2009, Ms. who responded, we estimate the average 306(b)(3)(A) of the FD&C Act, that the Lin entered and introduced Chinese- time to prepare a submission for final individual has been convicted of a origin honey into the United States by consultation to be 150 hours. felony for conduct relating to the means of a false and fraudulent practice, Dated: February 11, 2015. importation into the United States of false statement, and fraudulent and false Leslie Kux, any food. papers, including CPB forms that falsely On September 30, 2013, Ms. Lin was Associate Commissioner for Policy. declared that approximately three convicted, as defined in section container loads of Chinese-origin honey [FR Doc. 2015–03207 Filed 2–17–15; 8:45 am] 306(l)(1)(B) of the FD&C Act, when the with a declared value upon entry of BILLING CODE 4164–01–P U.S. District Court for the Northern approximately $69,617 was Chinese District of Illinois accepted her plea of honey syrup. By so doing, Ms. Lin guilty and entered judgment against her DEPARTMENT OF HEALTH AND caused losses to the United States of for the following offense: Three counts HUMAN SERVICES approximately $153,855 in uncollected of entry of goods into the United States anti-dumping duties and honey Food and Drug Administration by means of false statements, in assessment fees, when in fact she knew violation of 18 U.S.C. 542. the product was Chinese honey. This [Docket No. FDA–2013–N–1484] FDA’s finding that debarment is was in violation of 18 U.S.C. 542. appropriate is based on the felony Ms. Lin admitted that between 2009 Hung Yi Lin; Debarment Order convictions referenced herein. The and 2012, she caused up to 764 AGENCY: Food and Drug Administration, factual basis for these convictions is as shipping containers of Chinese-origin HHS. follows: Ms. Lin owned and operated honey valued at approximately ACTION: Notice. KBB Express Inc., a freight forwarding $11,489,306 to be fraudulently imported company located in South El Monte, CA and entered into the United States, SUMMARY: The Food and Drug that provided nationwide thereby causing losses to the United Administration (FDA or Agency) is transportation, delivery, and other States of as much as $39,203,144 issuing an order under the Federal logistical services for imported and through her fraudulent practices. Food, Drug, and Cosmetic Act (FD&C entered merchandise, including As a result of her conviction, on July Act) debarring Hung Yi Lin for a period Chinese-origin honey. Ms. Lin also 25, 2014, FDA sent Ms. Lin a notice by of 12 years from importing articles of served as the U.S. agent for at least 12 certified mail proposing to debar her for
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a period of 12 years from importing Management between 9 a.m. and 4 p.m., Submit electronic comments on the articles of food or offering such articles Monday through Friday. guidance to http://www.regulations.gov. for import into the United States. The Dated: February 11, 2015. Submit written comments to the proposal was based on a finding under Leslie Kux, Division of Dockets Management (HFA– section 306(b)(1)(C) of the FD&C Act 305), Food and Drug Administration, Associate Commissioner for Policy. that Ms. Lin’s felony convictions for 5630 Fishers Lane, Rm. 1061, Rockville, entry of goods by means of false [FR Doc. 2015–03210 Filed 2–17–15; 8:45 am] MD 20852. Identify comments with the statements in violation of 18 U.S.C. 542 BILLING CODE 4164–01–P docket number found in brackets in the constitute conduct relating to the heading of this document. importation into the United States of an FOR FURTHER INFORMATION CONTACT: article of food because she committed DEPARTMENT OF HEALTH AND HUMAN SERVICES Patrick Hintz, Center for Devices and an offense related to the importation of Radiological Health, Food and Drug Chinese honey into the United States. Food and Drug Administration Administration, 10903 New Hampshire The proposal was also based on a Ave., Bldg. 66, Rm. 4248, Silver Spring, determination, after consideration of the [Docket No. FDA–2014–D–2245] MD 20993–0002, 301–796–6927. factors set forth in section 306(c)(3) of SUPPLEMENTARY INFORMATION: the FD&C Act, that Ms. Lin should be Immediately in Effect Guidance subject to a 12-year period of Document: Classification and I. Background debarment. The proposal also offered Requirements for Laser Illuminated FDA is announcing the availability of Ms. Lin an opportunity to request a Projectors; Guidance for Industry and a guidance for industry and FDA staff hearing, providing her 30 days from the Food and Drug Administration Staff; entitled ‘‘Immediately in Effect date of receipt of the letter in which to Availability Guidance Document: Classification and file the request, and advised her that AGENCY: Food and Drug Administration, Requirements for Laser Illuminated failure to request a hearing constituted HHS. Projectors.’’ This guidance is being a waiver of the opportunity for a hearing ACTION: and of any contentions concerning this Notice. issued consistent with FDA’s good guidance practices (GGPs) regulation (21 action. Ms. Lin failed to respond within SUMMARY: The Food and Drug the timeframe prescribed by regulation CFR 10.115). The guidance is being Administration (FDA) is announcing the implemented without prior public and has, therefore, waived her availability of the guidance entitled opportunity for a hearing and waived comment because the Agency has ‘‘Immediately in Effect Guidance determined that prior public any contentions concerning her Document: Classification and debarment (21 CFR part 12). participation is not feasible or Requirements for Laser Illuminated appropriate (21 CFR 10.115(g)(2)). The II. Findings and Order Projectors (LIPs).’’ This guidance Agency made this determination describes FDA’s policy with respect to Therefore, the Director, Office of because the guidance presents a less certain LIPs that comply with Enforcement and Import Operations, burdensome policy consistent with the International Electrotechnical Office of Regulatory Affairs, under public health. Although this guidance is Commission (IEC) standards during section 306(b)(1)(C) of the FD&C Act, immediately in effect, it remains subject laser product classification under the under authority delegated to the to comment in accordance with the Electronic Product Radiation Control Director (Staff Manual Guide 1410.35), Agency’s GGPs regulation. This provisions of the Federal Food, Drug finds that Hung Yi Lin has been guidance describes FDA’s policy with and Cosmetic Act (the FD&C Act) that convicted of three felony counts under respect to certain LIPs that comply with apply to electronic products. Federal law for conduct relating to the IEC standards during laser product importation into the United States of an DATES: Although you can comment on classification under the Electronic article of food and that she is subject to any guidance at any time (see 21 CFR Product Radiation Control provisions of a 12-year period of debarment. 10.115(g)(5)), to ensure that the Agency the FD&C Act that apply to electronic As a result of the foregoing finding, considers your comment, submit either products. The regulations for classifying Hung Yi Lin is debarred for a period of electronic or written comments on the laser products are set forth in part 1040 12 years from importing articles of food guidance by April 20, 2015. (21 CFR part 1040). or offering such articles for import into ADDRESSES: An electronic copy of the For purposes of this guidance, the the United States, effective (see DATES). guidance document is available for term ‘‘laser illuminated projector’’ refers Under section 301(cc) of the FD&C Act download from the Internet. See the to a type of demonstration laser product (21 U.S.C. 331(cc)), the importing or SUPPLEMENTARY INFORMATION section for regulated under § 1040.10(b)(13) that is offering for import into the United information on electronic access to the designed to project full-frame digital States of an article of food by, with the guidance. Submit written requests for a images. The term ‘‘demonstration laser assistance of, or at the direction of Hung single hard copy of the guidance product’’ is defined under Yi Lin is a prohibited act. document entitled ‘‘Immediately in § 1040.10(b)(13) to mean, ‘‘Any laser Any application by Ms. Lin for Effect Guidance Document: product manufactured, designed, termination of debarment under section Classification and Requirements for intended, or promoted for purposes of 306(d)(1) of the FD&C Act should be Laser Illuminated Projectors’’ to the demonstration, entertainment, identified with Docket No. FDA–2013– Office of the Center Director, Guidance advertising display, or artistic N–1484 and sent to the Division of and Policy Development, Center for composition.’’ LIPs may be used in Dockets Management (see ADDRESSES). Devices and Radiological Health, Food locations such as indoor or outdoor All such submissions are to be filed in and Drug Administration, 10903 New cinema theaters, laser shows, four copies. The public availability of Hampshire Ave., Bldg. 66, Rm. 5431, presentations at conventions, as image/ information in these submissions is Silver Spring, MD 20993–0002. Send data projectors in an office setting, or in governed by 21 CFR 10.20(j). one self-addressed adhesive label to a home. Publicly available submissions may assist that office in processing your Lasers are being used in LIPs as an be seen in the Division of Dockets request. alternative to conventional lamps in
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projectors. Although these LIPs emit of ‘‘Immediately in Effect Guidance Key Dates laser light from extended sources and Document: Classification and Application Deadline Date: June 3, their uncollimated beams do not present Requirements for Laser Illuminated 2015. the same hazards as other lasers, they Projectors’’ may send an email request Review Date: June 10, 2015. are laser products that present risks and to [email protected] to Earliest Anticipated Start Date: July 1, must undergo classification in receive an electronic copy of the 2015. accordance with § 1040.10(c). document. Please use the document Signed Tribal Resolutions Due Date: Under § 1040.10(c), FDA recognizes number 1400056 to identify the June 10, 2015. four major hazard classes (I to IV) of guidance you are requesting. lasers, including three subclasses (IIa, I. Funding Opportunity Description IV. Paperwork Reduction Act of 1995 IIIa, and IIIb). Under this classification Statutory Authority procedure, higher laser classes This guidance refers to previously The Indian Health Service (IHS) correspond to more powerful lasers and approved collections of information Office of Tribal Self-Governance (OTSG) the potential to pose serious danger if found in FDA regulations. These is accepting limited competition used improperly. collections of information are subject to Negotiation Cooperative Agreement As demonstration laser products, LIPs review by the Office of Management and applications for the Tribal Self- cannot exceed class IIIa (which is Budget (OMB) under the Paperwork Governance Program (TSGP). This comparable to IEC class 3R) emissions Reduction Act of 1995 (the PRA) (44 program is authorized under Title V of limits as specified in § 1040.11(c) unless U.S.C. 3501–3520). The collections of the Indian Self-Determination and granted a variance by FDA under information in 21 CFR parts 1002, 1010, Education Assistance Act (ISDEAA), 25 § 1010.4. Many LIPs and applications and 1040 are approved under OMB U.S.C. 458aaa–2(e). This program is for LIPs will exceed the class IIIa limits control number 0910–0025. and therefore require a variance to described in the Catalog of Federal The labeling referenced in section Domestic Assistance (CFDA), available exceed those emission limits. (IV)(c)(ii) of the guidance does not This guidance document describes at https://www.cfda.gov/, under 93.444. constitute a ‘‘collection of information’’ FDA’s intent with regard to the under the PRA because the labeling is Background application of certain aspects of the a ‘‘public disclosure of information performance standard requirements in The TSGP is more than an IHS supplied by the Federal Government to § 1040.11(c) for LIPs. The IEC standards program; it is an expression of the the recipient for the purpose of used to evaluate lamps are applicable to government-to- government relationship disclosure to the public’’ (5 CFR characterizing ocular hazards in LIPs, between the United States and Indian 1320.3(c)(2)). because a laser retinal hazard is related Tribes. Through the TSGP, Tribes to the radiance of the laser source and V. Comments negotiate with the IHS to assume the radiant emission levels produced by Programs, Services, Functions and Interested persons may submit either LIPs are comparable to conventional Activities (PSFAs), or portions thereof, electronic comments regarding this lamps. Because the radiant emission which gives Tribes the authority to document to http://www.regulations.gov levels produced by LIPs can manage and tailor health care programs or written comments to the Division of scientifically be characterized by an in a manner that best fits the needs of Dockets Management (see ADDRESSES). It alternative IEC standard, FDA does not their communities. is only necessary to send one set of intend to consider whether LIP Participation in the TSGP is one of comments. Identify comments with the manufacturers that conform to these three ways that Tribes can choose to docket number found in brackets in the standards under the situations described obtain health care from the Federal heading of this document. Received in this guidance also comply with Government for their members. comments may be seen in the Division §§ 1040.10(c) and 1040.11(c). Specifically, Tribes can choose to: (1) of Dockets Management between 9 a.m. Receive health care services directly II. Significance of Guidance and 4 p.m., Monday through Friday, and from the IHS, (2) contract with the IHS The guidance represents the Agency’s will be posted to the docket at http:// to administer individual PSFAs that the current thinking on the classifications www.regulations.gov. IHS would otherwise provide (referred and requirements for LIPs. It does not Dated: February 11, 2015. to as Title I Self-Determination create or confer any rights for or on any Leslie Kux, Contracting), or (3) compact with the person and does not operate to bind Associate Commissioner for Policy. IHS to assume control over healthcare PSFAs that the IHS would otherwise FDA or the public. An alternative [FR Doc. 2015–03209 Filed 2–17–15; 8:45 am] approach may be used if such approach provide (referred to as Title V Self- BILLING CODE 4164–01–P satisfies the requirements of the Governance Compacting or the TSGP). applicable statute and regulations. These options are not exclusive and Tribes may choose to combine options III. Electronic Access DEPARTMENT OF HEALTH AND HUMAN SERVICES based on their individual needs and Persons interested in obtaining a copy circumstances. Participation in the of the guidance may do so by Indian Health Service TSGP affords Tribes the most flexibility downloading an electronic copy from to tailor health care PSFAs to the needs the Internet. A search capability for all Office of Tribal Self-Governance; of their communities. Center for Devices and Radiological Negotiation Cooperative Agreement The TSGP is a Tribally-driven Health guidance documents is available initiative and strong Tribal/Federal at http://www.fda.gov/MedicalDevices/ Announcement Type: New—Limited partnerships are essential for program DeviceRegulationandGuidance/ Competition. success. The IHS established the OTSG GuidanceDocuments/default.htm. Funding Announcement Number: to implement Tribal Self-Governance Guidance documents are also available HHS–2015–IHS–TSGN–0001. authorities. The OTSG: (1) Serves as the at http://www.regulations.gov. Persons Catalog of Federal Domestic primary liaison and advocate for Tribes unable to download an electronic copy Assistance Number: 93.444. participating in the TSGP, (2) develops,
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directs, and implements Tribal Self- Federal negotiation teams. These draft Limited Competition Justification Governance policies and procedures, (3) documents are used as the basis for pre- There is limited competition under provides information and technical and final negotiations. Pre-negotiations this announcement because the assistance to Self-Governance Tribes, provide an opportunity for the Tribe authorizing legislation restricts and 4) advises the IHS Director on and the IHS to identify and discuss eligibility to Tribes that meet specific compliance with TSGP policies, issues directly related to the Tribe’s criteria. See 25 U.S.C. 458aaa–2(e); 42 regulations, and guidelines. Each IHS Compact, Funding Agreement, and CFR 137.24–26; see also 42 CFR 137.10. Area has an Agency Lead Negotiator Tribal shares. At final negotiations, (ALN), designated by the IHS Director, Tribal and Federal negotiation teams II. Award Information who has the authority to negotiate Self- come together to determine and agree Type of Award Governance Compacts and Funding upon the terms and provisions of the Agreements. A Tribe should contact the Tribe’s Compact and Funding Cooperative Agreement. respective ALN to begin the Self- Agreement. Estimated Funds Available Governance planning process or, if currently an existing Self-Governance The Tribal negotiation team must The total amount of funding Tribe, discuss methods to expand include a Tribal leader from the identified for fiscal year (FY) 2015 is current PSFAs. The ALN shall provide governing body. This representative approximately $240,000. Individual an overview of the TSGP negotiations may be a Tribal leader or a designee, award amounts are anticipated to be process and will provide technical like the Tribal Health Director. The $48,000. The amount of funding assistance as the Tribe prepares to Tribal negotiation team may also available for competing awards issued participate in the TSGP. include technical and program staff, under this announcement are subject to legal counsel, and other consultants. Purpose the availability of appropriations and The Federal negotiations team is led by budgetary priorities of the Agency. The The purpose of this Negotiation the ALN and generally includes an IHS is under no obligation to make Cooperative Agreement is to provide OTSG Program Analyst and a member of awards that are selected for funding Tribes with resources to help defray the Office of the General Counsel. It may under this announcement. costs related to preparing for and also include other IHS staff and subject conducting TSGP negotiations. TSGP matter experts as needed. The ALN is Anticipated Number of Awards negotiations are a dynamic, evolving, the only member of the Federal Approximately five awards will be and Tribally-driven process that negotiation team with delegated issued under this program requires careful planning and authority to negotiate on behalf of the announcement. preparation by both Tribal and Federal IHS Director. Project Period parties, including the sharing of precise, Negotiations provide an opportunity up-to-date information. The design of for the Tribal and Federal negotiation The project period is for 12 months the negotiations process: (1) Enables a teams to work together in good faith to and runs from July 1, 2015 to June 30, Tribe to set its own priorities when enhance each self-governance 2016. assuming responsibility for IHS PSFAs, agreement. Negotiations are not an Cooperative Agreement (2) observes the government-to- allocation process; they provide an government relationship between the opportunity to mutually review and Cooperative agreements awarded by United States and each Tribe, and (3) discuss budget and program issues. As the Department of Health and Human involves the active participation of both issues arise, both negotiation teams Services (HHS) are administered under Tribal and IHS representatives, work through the issues to reach the same policies as a grant. The including the OTSG. Because each agreement on the final documents. After funding agency (IHS) is required to have Tribal situation is unique, a Tribe’s the negotiations are complete, the substantial programmatic involvement successful transition into the TSGP, or Compact and Funding Agreement are in the project during the entire award expansion of their current program, signed by the authorizing Tribal official segment. Below is a detailed description requires focused discussions between and submitted to the ALN who then of the level of involvement required for the Federal and Tribal negotiation teams reviews the final package to ensure each both IHS and the grantee. IHS will be about the Tribe’s specific health care document accurately reflects what was responsible for activities listed under concerns and plans. section A and the grantee will be The negotiations process has four negotiated. Once the ALN completes this review, the final package is responsible for activities listed under major stages, including: (1) Planning, (2) section B as stated: pre-negotiations, (3) negotiations, and submitted to the OTSG to be prepared (4) post-negotiations. Title V of the for the IHS Director’s signature. After Substantial Involvement Description for ISDEAA requires that a Tribe or Tribal the Compact and Funding Agreement the TSGP Negotiation Cooperative organization complete a planning phase have been signed by both parties, they Agreement to the satisfaction of the Tribe. The become legally binding and enforceable A. IHS Programmatic Involvement planning phase must include legal and agreements. The negotiating Tribe then budgetary research and internal Tribal becomes a ‘‘Self-Governance Tribe,’’ and (1) Provide descriptions of PSFAs and government planning and organizational a participant in the TSGP. associated funding at all organizational preparation relating to the A Negotiation Cooperative Agreement levels (Service Unit, Area, and administration of health care programs. is not a prerequisite to enter the TSGP. Headquarters), including funding During pre-negotiations, the Tribal and A Tribe may use other resources to formulas and methodologies related to Federal negotiation teams review and develop and negotiate its Compact and determining Tribal shares. discuss issues identified during the Funding Agreement. Tribes that receive (2) Meet with Negotiation Cooperative planning phase. A draft Compact, a Negotiation Cooperative Agreement Agreement recipient to provide program Funding Agreement, and funding tables are not obligated to participate in Title information and discuss methods are developed, typically by the Tribe, V and may choose to delay or decline currently used to manage and deliver and distributed to both the Tribal and participation or expansion in the TSGP. health care.
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(3) Identify and provide statutes, resolution if the current Tribal ISDEAA. See 25 U.S.C. 458aaa–2; 42 regulations, and policies that provide resolution(s) under which they operate CFR 137.15–23. For additional authority for administering IHS would encompass the proposed grant information on eligibility for the IHS programs. activities. TSGP, please visit the Eligibility and (4) Provide technical assistance on the Draft Tribal resolutions are acceptable Funding page on the OTSG Web site, IHS budget, Tribal shares, and other in lieu of an official signed resolution located at: http://www.ihs.gov/ topics as needed. and must be submitted along with the SelfGovernance. electronic application submission prior Note: Please refer to Section IV.2 B. Grantee Negotiation Cooperative to the official application deadline date Agreement Award Activities (Application and Submission Information/ or prior to the start of the Objective Subsection 2, Content and Form of (1) Determine the PSFAs that will be Review Committee (ORC) date. Application Submission) for additional proof negotiated into the Tribe’s Compact and However, an official signed Tribal of applicant status documents required such Funding Agreement. Prepare and resolution must be received by the DGM as Tribal resolutions, proof of non-profit discuss each PSFA in comparison to the prior to the beginning of the Objective status, etc. current level of services provided so Review. If an official signed resolution that an informed decision can be made is not received by the Review Date listed 2. Cost Sharing or Matching on new or expanded program under the Key Dates section on page one The IHS does not require matching assumption. of this announcement, the application funds or cost sharing for grants or (2) Identify Tribal shares associated will be considered incomplete and cooperative agreements. with the PSFAs that will be included in ineligible for review or further the Funding Agreement. consideration. 3. Other Requirements (3) Develop the terms and conditions Mail the official signed resolution to If application budgets exceed the that will be set forth in both the the DGM, Attn: Mr. John Hoffman, 801 highest dollar amount outlined under Compact and Funding Agreement to Thompson Avenue, TMP Suite 360, the ‘‘Estimated Funds Available’’ submit to the ALN prior to negotiations. Rockville, MD 20852. Applicants section within this funding submitting Tribal resolutions after or III. Eligibility Information announcement, the application will be aside from the required online considered ineligible and will not be I. electronic application submission must reviewed for further consideration. If 1. Eligibility ensure that the information is received deemed ineligible, IHS will not return by the IHS/DGM. It is highly the application. The applicant will be To be eligible for this Limited recommended that the documentation notified by email by the Division of Competition Negotiation Cooperative be sent by a delivery method that Grants Management (DGM) of this Agreement under this announcement, includes delivery confirmation and decision. an applicant must: tracking. Please contact Mr. Hoffman by A. Be an ‘‘Indian Tribe’’ as defined in telephone at (301) 443–5204 prior to the IV. Application and Submission 25 U.S.C. 450b(e); a ‘‘Tribal review date regarding submission Information Organization’’ as defined in 25 U.S.C. questions. 1. Obtaining Application Materials 450b(l); or an ‘‘Inter-Tribal Consortium’’ C. Demonstrate, for three fiscal years, as defined at 42 CFR 137.10. However, financial stability and financial The application package and detailed Alaska Native Villages or Alaska Native management capability. The Indian instructions for this announcement can Village Corporations are not eligible if Tribe must provide evidence that, for be found at http://www.Grants.gov or they are located within the area served https://www.ihs.gov/dgm/ the three years prior to participation in _ _ by an Alaska Native regional health Self-Governance, the Indian Tribe has index.cfm?module=dsp dgm funding. entity. See Consolidated Appropriations had no uncorrected significant and Questions regarding the electronic Act, 2014, Pub. L. 113–76. By statute, material audit exceptions in the application process may be directed to the Native Village of Eyak, Eastern required annual audit of the Indian Mr. Paul Gettys at (301) 443–2114. Aleutian Tribes, and the Council for Tribe’s Self-Determination Contracts or 2. Content and Form Application Athabascan Tribal Governments have Self-Governance Funding Agreements Submission also been deemed Alaska Native with any Federal agency. See 25 U.S.C. regional health entities and therefore are The applicant must include the 458aaa–2; 42 CFR 137.15–23. project narrative as an attachment to the eligible to apply. Those Alaska Tribes For Tribes or Tribal organizations that application package. Mandatory not represented by a Self-Governance expended $750,000 or more ($500,000 Tribal consortium Funding Agreement documents for all applicants include: for FYs ending after December 31, 2003) • Table of contents. within their area may still be considered in Federal awards, the OTSG shall • Abstract (one page) summarizing to participate in the TSGP. retrieve the audits directly from the the project. B. Submit a Tribal resolution from the Federal Audit Clearinghouse. • Application forms: appropriate governing body of each For Tribes or Tribal organizations that Æ SF–424, Application for Federal Indian Tribe to be served by the expended less than $750,000 ($500,000 Assistance. ISDEAA Compact authorizing the for FYs ending after December 31, 2003) Æ SF–424A, Budget Information— submission of the Negotiation in Federal awards, the Tribe or Tribal Non-Construction Programs. Cooperative Agreement application. organization must provide evidence of Æ SF–424B, Assurances—Non- Tribal consortia applying for a TSGP the program review correspondence Construction Programs. Negotiation Cooperative Agreement from IHS or Bureau of Indian Affairs • Budget Justification and Narrative shall submit Tribal Council resolutions officials. See 42 CFR 137.21–23. (must be single spaced and not exceed from each Tribe in the consortium. Meeting the eligibility criteria for a five pages). Tribal resolutions can be attached to the Negotiation Cooperative Agreement • Project Narrative (must be single electronic online application. does not mean that a Tribe or Tribal spaced and not exceed ten pages). Applications by Tribal organizations organization is eligible for participation Æ Background information on the will not require a specific Tribal in the IHS TSGP under Title V of the Tribe or Tribal organization.
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Æ Proposed scope of work, objectives, Part A: Program Information (4 page benefits for the Tribe. Define the criteria and activities that provide a description limitation) to be used to evaluate objectives of what will be accomplished, including Section 1: Needs associated with the project. a one-page Timeframe Chart. Introduction and Need for Assistance Part C: Program Report (2 page • Tribal Resolution(s). limitation) Demonstrate that the Tribe has • 501(c)(3) Certificate (if applicable). conducted previous self-governance Section 1: Describe major • Biographical sketches for all Key planning activities by clearly stating the accomplishments over the last 24 Personnel. results of what was learned during the months. • Contractor/Consultant resumes or planning process. Explain how the Tribe Please identify and describe qualifications and scope of work. has determined it has the knowledge significant health related and expertise to assume or expand accomplishments associated with the • Disclosure of Lobbying Activities PSFAs. Identify the need for assistance delivery of quality health services. This (SF–LLL). and how the Negotiation Cooperative section should highlight major program • Certification Regarding Lobbying Agreement would benefit the health achievements over the last 24 months. (GG-Lobbying Form). activities the Tribe is preparing to Section 2: Describe major activities • Copy of current Negotiated Indirect assume or expand. over the last 24 months. Please provide an overview of Cost rate (IDC) agreement (required) in Part B: Program Planning and significant program activities associated order to receive IDC. Evaluation (4 page limitation) with the delivery of quality health • Organizational Chart (optional). Section 1: Program Plans services over the last 24 months. This Public Policy Requirements Project Objective(s), Work Plan and section should address significant Approach program activities including those All Federal-wide public policies related to the accomplishments listed in apply to IHS grants and cooperative State in measurable terms the the previous section. agreements with exception of the objectives and appropriate activities to B. Budget Narrative: This narrative Discrimination policy. achieve the following Cooperative must include a line item budget with a Agreement Recipient Award Activities: narrative justification for all Requirements for Project and Budget (a) Determine the PSFAs that will be expenditures identifying reasonable and Narratives negotiated into the Tribe’s Compact and allowable costs necessary to accomplish Funding Agreement. Prepare and the goals and objectives as outlined in A. Project Narrative: This narrative discuss each PSFA in comparison to the the project narrative. Budget should should be a separate Word document current level of services provided so match the scope of work described in that is no longer than ten pages and that an informed decision can be made the project narrative. The page must: be single-spaced, be type written, on new or expanded program limitation should not exceed five pages. have consecutively numbered pages, use assumption. black type not smaller than 12 (b) Identify Tribal shares associated 3. Submission Dates and Times characters per one inch, and be printed with the PSFAs that will be included in Applications must be submitted on one side only of standard size the Funding Agreement. 1 ″ ″ electronically through Grants.gov by 8 ⁄ fxsp0;2 x 11 paper. (c) Develop the terms and conditions that will be set forth in both the 11:59 p.m. Eastern Standard Time (EST) Be sure to succinctly address and on the Application Deadline Date listed answer all questions listed under the Compact and Funding Agreement to submit to the ALN prior to negotiations. in the Key Dates section on page one of narrative and place them under the this announcement. Any application evaluation criteria (refer to Section V.1, Describe fully and clearly how the Tribe’s proposal will result in an received after the application deadline Evaluation criteria in this will not be accepted for processing, nor announcement) and place all responses improved approach to managing the PSFAs to be assumed or expanded. will it be given further consideration for and required information in the correct funding. Grants.gov will notify the section (noted below), or they shall not Include how the Tribe plans to demonstrate improved health services to applicant via email if the application is be considered or scored. These rejected. narratives will assist the Objective the community and incorporate the proposed timelines for negotiations. If technical challenges arise and Review Committee (ORC) in becoming assistance is required with the familiar with the applicant’s activities Organizational Capabilities, Key electronic application process, contact and accomplishments prior to the Personnel and Qualifications Grants.gov Customer Support via email cooperative agreement award. If the Describe the organizational structure to [email protected] or at (800) 518– narrative exceeds the page limit, only of the Tribe and its ability to manage the 4726. Customer Support is available to the first ten pages will be reviewed. The proposed project. Include resumes or address questions 24 hours a day, 7 days 10-page limit for the narrative does not position descriptions of key staff a week (except on Federal holidays). If include the work plan, standard forms, showing requisite experience and problems persist, contact Mr. Paul Tribal resolutions, table of contents, expertise. If applicable, include resumes Gettys, DGM ([email protected]), budget and budget justifications, and scope of work for consultants that DGM Grants Systems Coordinator, by narratives, and/or other appendix items. demonstrate experience and expertise telephone at (301) 443–2114. Please be There are three parts to the narrative, relevant to the project. sure to contact Mr. Gettys at least ten including: (1) Part A—Program days prior to the application deadline. Information; (2) Part B—Program Section 2: Program Evaluation Please do not contact the DGM until you Planning and Evaluation; and 3) Part Describe fully and clearly the have received a Grants.gov tracking C—Program Report. See below for improvements that will be made by the number. In the event you are not able additional details about what must be Tribe to manage the health care system to obtain a tracking number, call the included in the narrative. and identify the anticipated or expected DGM as soon as possible.
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If the applicant needs to submit a copies of the application may not be • After electronically submitting the paper application instead of submitting submitted as attachments to email application, the applicant will receive electronically through Grants.gov, a messages addressed to IHS employees or an automatic acknowledgment from waiver must be requested. Prior offices. Grants.gov that contains a Grants.gov approval must be requested and If the applicant receives a waiver to tracking number. The DGM will obtained from Ms. Tammy Bagley, submit paper application documents, download the application from Acting Director of DGM, (see Section they must follow the rules and timelines Grants.gov and provide necessary copies IV.6 below for additional information). that are noted below. The applicant to the appropriate agency officials. The waiver must: (1) Be documented in must seek assistance at least ten days Neither the DGM nor the OTSG will writing (emails are acceptable), before prior to the Application Deadline Date notify the applicant that the application submitting a paper application, and (2) listed in the Key Dates section on page has been received. include clear justification for the need one of this announcement. • Email applications will not be to deviate from the required electronic Applicants that do not adhere to the accepted under this announcement. grants submission process. A written timelines for System for Award Unique Entity Identifier (UEI) waiver request must be sent to Management (SAM) and/or http:// Numbering System [email protected] with a copy to www.Grants.gov registration or that fail [email protected]. Once the to request timely assistance with All IHS applicants and grantee organizations are required to obtain a waiver request has been approved, the technical issues will not be considered UEI number and maintain an active applicant will receive a confirmation of for a waiver to submit a paper registration in the SAM database. The approval Email containing submission application. UEI number is a unique 9-digit instructions and the mailing address to Please be aware of the following: identification number provided to each submit the application. A copy of the • Please search for the application entity. The UEI number is site specific; written approval must be submitted package in http://www.Grants.gov by therefore, each distinct performance site along with the hardcopy of the entering the CFDA number or the may be assigned a UEI number. application that is mailed to DGM. Funding Opportunity Number. Both Obtaining a UEI number is easy, and Paper applications that are submitted numbers are located in the header of there is no charge. To obtain a UEI without a copy of the signed waiver this announcement. number, please contact Mr. Paul Gettys from the Acting Director of the DGM • If you experience technical at (301) 443–2114. will not be reviewed or considered for challenges while submitting your All HHS recipients are required by the funding. The applicant will be notified application electronically, please Federal Funding Accountability and via email of this decision by the Grants contact Grants.gov Support directly at: Transparency Act of 2006, as amended Management Officer of the DGM. Paper [email protected] or (800) 518–4726. (‘‘Transparency Act’’), to report applications must be received by the Customer Support is available to information on subawards. Accordingly, DGM no later than 5:00 p.m., EST, on address questions 24 hours a day, 7 days all IHS grantees must notify potential the Application Deadline Date listed in a week (except on Federal holidays). first-tier subrecipients that no entity the Key Dates section on page one of • Upon contacting Grants.gov, obtain may receive a first-tier subaward unless this announcement. Late applications a tracking number as proof of contact. the entity has provided its UEI number will not be accepted for processing or The tracking number is helpful if there to the prime grantee organization. This considered for funding. are technical issues that cannot be requirement ensures the use of a 4. Intergovernmental Review resolved and a waiver from the agency universal identifier to enhance the must be obtained. quality of information available to the Executive Order 12372 requiring • If it is determined that a waiver is intergovernmental review is not public pursuant to the Transparency needed, the applicant must submit a Act. applicable to this program. request in writing (emails are 5. Funding Restrictions acceptable) to [email protected] System for Award Management (SAM) with a copy to [email protected]. • Pre-award costs are not allowable. Organizations that were not registered • The available funds are inclusive of Please include a clear justification for with Central Contractor Registration direct and appropriate indirect costs. the need to deviate from the standard (CCR) and have not registered with SAM • Only one grant/cooperative electronic submission process. will need to obtain a UEI number first • agreement will be awarded per If the waiver is approved, the and then access the SAM online applicant per grant cycle. Tribes cannot application should be sent directly to registration through the SAM home page apply for both the Planning Cooperative the DGM by the Application Deadline at https://www.sam.gov (U.S. and the Negotiation Cooperative Date listed in the Key Dates section on organizations will also need to provide Agreement within the same grant cycle. page one of this announcement. an Employer Identification Number • IHS will not acknowledge receipt of • Applicants are strongly encouraged from the Internal Revenue Service that applications. not to wait until the deadline date to may take an additional 2–5 weeks to begin the application process through become active). Completing and 6. Electronic Submission Requirements Grants.gov as the registration process for submitting the registration takes All applications must be submitted SAM and Grants.gov could take up to approximately one hour to complete electronically. Please use the http:// fifteen working days. and SAM registration will take 3–5 www.Grants.gov Web site to submit an • Please use the optional attachment business days to process. Registration application electronically and select the feature in Grants.gov to attach with the SAM is free of charge. ‘‘Find Grant Opportunities’’ link on the additional documentation that may be Applicants may register online at homepage. Download a copy of the requested by the DGM. https://www.sam.gov. application package, complete it offline, • All applicants must comply with Additional information on and then upload and submit the any page limitation requirements implementing the Transparency Act, completed application via the http:// described in this Funding including the specific requirements for www.Grants.gov Web site. Electronic Announcement. UEI and SAM, can be found on the IHS
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Grants Management, Grants Policy Web C. Program Evaluation (25 points) applicant will be notified via email of site: https://www.ihs.gov/dgm/ this decision by the Grants Management _ _ _ Describe fully the improvements that index.cfm?module=dsp dgm policy will be made by the Tribe to manage the Officer of the DGM. Applicants will be topics. health care system and identify the notified by DGM, via email, to outline minor missing components (i.e., budget V. Application Review Information anticipated or expected benefits for the Tribe. Define the criteria to be used to narratives, audit documentation, key The instructions for preparing the contact form) needed for an otherwise application narrative also constitute the evaluate objectives associated with the project. complete application. All missing evaluation criteria for reviewing and documents must be sent to DGM on or scoring the application. Weights D. Organizational Capabilities, Key before the due date listed in the email assigned to each section are noted in Personnel and Qualifications (15 points) of notification of missing documents parentheses. The 10 page narrative Describe the organizational structure required. should be written in a manner that is of the Tribe and its ability to manage the To obtain a minimum score for clear to outside reviewers unfamiliar proposed project. Include resumes or funding by the ORC, applicants must with prior related activities of the position descriptions of key staff address all program requirements and applicant. It should be well organized, showing requisite experience and provide all required documentation. succinct, and contain all information expertise. If applicable, include resumes necessary for reviewers to understand VI. Award Administration Information and scope of work for consultants that the project fully. Points will be assigned demonstrate experience and expertise 1. Award Notices to each evaluation criteria adding up to relevant to the project. a total of 100 points. A minimum score The Notice of Award (NoA) is a of 60 points is required for funding. E. Categorical Budget and Budget legally binding document signed by the Points are assigned as follows: Justification (10 points) Grants Management Officer and serves as the official notification of the grant 1. Criteria Submit a budget with a narrative award. The NoA will be initiated by the describing the budget request and A. Introduction and Need for Assistance DGM in our grant system, matching the scope of work described in (25 points) GrantSolutions (https:// the project narrative. Justify all Demonstrate that the Tribe has www.grantsolutions.gov). Each entity expenditures identifying reasonable and that is approved for funding under this conducted previous self-governance allowable costs necessary to accomplish planning activities by clearly stating the announcement will need to request or the goals and objectives as outlined in have a user account in GrantSolutions results of what was learned during the the project narrative. planning process. Explain how the Tribe in order to retrieve their NoA. The NoA has determined it has the knowledge Additional Documents can be Uploaded is the authorizing document for which and expertise to assume or expand as Appendix Items in Grants.gov funds are dispersed to the approved PSFAs. Identify the need for assistance • Work plan, logic model and/or time entities and reflects the amount of and how the Negotiation Cooperative line for proposed objectives. Federal funds awarded, the purpose of Agreement would benefit the health • Position descriptions for key staff. the grant, the terms and conditions of activities the Tribe is preparing to • Resumes of key staff that reflect the award, the effective date of the assume or expand. current duties. award, and the budget/project period. • Consultant or contractor proposed B. Project Objective(s), Work Plan and Disapproved Applicants scope of work and letter of commitment Approach (25 points) (if applicable). Applicants who received a score less State in measurable terms the • Current Indirect Cost Agreement. than the recommended funding level for objectives and appropriate activities to • Organizational chart. approval (60 points), and were deemed achieve the following Cooperative • Map of area identifying project to be disapproved by the ORC, will Agreement Recipient Award Activities: location(s). receive an Executive Summary (1) Determine the PSFAs that will be • Additional documents to support Statement from the IHS program office negotiated into the Tribe’s Compact and narrative (i.e. data tables, key news within 30 days of the conclusion of the Funding Agreement. Prepare and articles, etc.). ORC outlining the strengths and discuss each PSFA in comparison to the weaknesses of their application 2. Review and Selection current level of services provided so submitted. The OTSG will also provide that an informed decision can be made Each application will be prescreened additional contact information as on new or expanded program by the DGM staff for eligibility and needed to address questions and assumption. completeness as outlined in the funding concerns as well as provide technical (2) Identify Tribal shares associated announcement. Applications that meet assistance if desired. with the PSFAs that will be included in the eligibility criteria shall be reviewed Approved But Unfunded Applicants the Funding Agreement. for merit by the ORC based on (3) Develop the terms and conditions evaluation criteria in this funding Approved but unfunded applicants that will be set forth in both the announcement. The ORC could be that met the minimum scoring range Compact and Funding Agreement to composed of both Tribal and Federal and were deemed by the ORC to be submit to the ALN prior to negotiations. reviewers appointed by the OTSG to ‘‘Approved’’, but were not funded due Clearly describe how the Tribe’s review and make recommendations on to lack of funding, will have their proposal will result in an improved these applications. The technical review applications held by DGM for a period approach to managing the PSFAs to be process ensures selection of quality of one year. If additional funding assumed or expanded. Include how the projects in a national competition for becomes available during the course of Tribe plans to demonstrate improved limited funding. Incomplete FY 2015, then the approved but health care services to the community applications and applications that are unfunded application may be re- and incorporate the proposed timelines non-responsive to the eligibility criteria considered by the OTSG for possible for negotiations. will not be referred to the ORC. The funding. The applicant will also receive
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an Executive Summary Statement from reports within the time allowed may database, accessible to the public, with the OTSG within 30 days of the result in suspension or termination of information on financial assistance conclusion of the ORC. an active grant, withholding of awards made by Federal agencies. The Note: Any correspondence other than the additional awards for the project, or Transparency Act also includes a official NoA signed by an IHS Grants other enforcement actions such as requirement for recipients of Federal Management Official announcing to the withholding of payments or converting grants to report information about first- Project Director that an award has been made to the reimbursement method of tier subawards and executive to their organization is not an authorization payment. Continued failure to submit compensation under Federal assistance to implement their program on behalf of IHS. required reports may result in one or awards. both of the following: (1) The IHS has implemented a Term of 2. Administrative Requirements imposition of special award provisions; Award into all IHS Standard Terms and Cooperative agreements are and (2) the non-funding or non-award of Conditions, NoAs and funding administered in accordance with the other eligible projects or activities. This announcements regarding the FSRS following regulations, policies, and requirement applies whether the reporting requirement. This IHS Term of OMB cost principles: delinquency is attributable to the failure Award is applicable to all IHS grant and A. The criteria as outlined in this of the grantee organization or the cooperative agreements issued on or Program Announcement. individual responsible for preparation after October 1, 2010, with a $25,000 B. Administrative Regulations for of the reports. Reports must be subaward obligation dollar threshold Grants: submitted electronically via met for any specific reporting period. • 45 CFR part 75, Uniform GrantSolutions. Personnel responsible Additionally, all new (discretionary) Administrative Requirements Cost for submitting reports will be required IHS awards (where the project period is Principles, and Audit Requirements for to obtain a login and password for made up of more than one budget HHS Awards. GrantSolutions. Please see the Agency period) and where: (1) The project C. Grants Policy: Contacts list in section VII for the period start date was October 1, 2010 or • HHS Grants Policy Statement, systems contact information. after and (2) the primary awardee will Revised 01/07. The reporting requirements for this have a $25,000 subaward obligation D. Cost Principles: program are noted below: dollar threshold during any specific • 45 CFR part 75, subpart E—Cost reporting period will be required to A. Progress Reports Principles address the FSRS reporting. For the full E. Audit Requirements: Program progress reports are required • IHS award term implementing this 45 CFR part 75, subpart F—Audit semi-annually, within 30 days after the requirement and additional award Requirements budget period ends. These reports must applicability information, visit the DGM 3. Indirect Costs include a brief comparison of actual Grants Policy Web site at: https:// accomplishments to the goals www.ihs.gov/dgm/ This section applies to all grant established for the period, or, if index.cfm?module=dsp_dgm_policy_ recipients that request reimbursement of applicable, provide sound justification topics. indirect costs (IDC) in their grant for the lack of progress, and other Telecommunication for the hearing application. In accordance with HHS pertinent information as required. A impaired is available at: TTY (301) 443– Grants Policy Statement, Part II–27, IHS final report must be submitted within 90 6394. requires applicants to obtain a current days of expiration of the budget/project IDC rate agreement prior to award. The period. VII. Agency Contacts rate agreement must be prepared in 1. Questions on the programmatic B. Financial Reports accordance with the applicable cost issues may be directed to: Jeremy principles and guidance as provided by Federal Financial Report FFR (SF– Marshall, Program Officer, Office of the cognizant agency or office. A current 425), Cash Transaction Reports are due Tribal Self-Governance, 801 Thompson rate covers the applicable grant 30 days after the close of every calendar Avenue, Suite 240, Rockville, MD activities under the current award’s quarter to the Payment Management 20852. budget period. If the current rate is not Services, HHS at: http:// Phone: (301) 443–7821. on file with the DGM at the time of www.dpm.psc.gov. It is recommended Fax: (301) 443–1050. award, the IDC portion of the budget that the applicant also send a copy of Email: [email protected]. will be restricted. The restrictions the FFR (SF–425) report to the Grants Web site: www.ihs.gov/ remain in place until the current rate is Management Specialist. Failure to selfgovernance. provided to the DGM. submit timely reports may cause a 2. Questions on grants management Generally, IDC rates for IHS grantees disruption in timely payments to the and fiscal matters may be directed to: are negotiated with the Division of Cost organization. John Hoffman, Grants Management Allocation (DCA) https://rates.psc.gov/ Grantees are responsible and Specialist, Division of Grants and the Department of Interior (Interior accountable for accurate information Management, 801 Thompson Avenue, Business Center) http://www.doi.gov/ being reported on all required reports: TMP Suite 360, Rockville, MD 20852. ibc/services/Indirect_Cost_Services/ The Progress Reports and Federal Phone: (301) 443–5204. index.cfm. For questions regarding the Financial Report. Fax: (301) 443–9602. indirect cost policy, please call the Email: [email protected]. Grants Management Specialist listed C. Federal Subaward Reporting System 3. Questions on systems matters may under ‘‘Agency Contacts’’ or the main (FSRS) be directed to: Paul Gettys, Grant DGM office at (301) 443–5204. This award may be subject to the Systems Coordinator, 801 Thompson Transparency Act subaward and Avenue, TMP Suite 360, Rockville, MD 4. Reporting Requirements executive compensation reporting 20852. The grantee must submit required requirements of 2 CFR part 170. Phone: (301) 443–2114; or the DGM reports consistent with the applicable The Transparency Act requires the main line (301) 443–5204. deadlines. Failure to submit required OMB to establish a single searchable Fax: (301) 443–9602.
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E-Mail: [email protected]. Dated: February 10, 2015. Time: 11:00 a.m. to 2:00 p.m. David Clary, Agenda: To review and evaluate grant VIII. Other Information Program Analyst, Office of Federal Advisory applications. Committee Policy. Place: National Institutes of Health, The Public Health Service strongly Neuroscience Center, 6001 Executive encourages all cooperative agreement [FR Doc. 2015–03212 Filed 2–17–15; 8:45 am] Boulevard, Rockville, MD 20852, (Telephone and contract recipients to provide a BILLING CODE 4140–01–P Conference Call). smoke-free workplace and promote the Contact Person: David W. Miller, Ph.D., non-use of all tobacco products. In Scientific Review Officer, Division of addition, Pub. L. 103–227, the Pro- DEPARTMENT OF HEALTH AND Extramural Activities, National Institute of Children Act of 1994, prohibits smoking HUMAN SERVICES Mental Health, NIH, Neuroscience Center, in certain facilities (or in some cases, 6001 Executive BLVD, Room 6140, MSC National Institutes of Health any portion of the facility) in which 9608, Bethesda, MD 20892–9608, 301–443– 9734, [email protected]. regular or routine education, library, National Institute of Mental Health: day care, health care, or early childhood Name of Committee: National Institute of Notice of Closed Meetings Mental Health Special Emphasis Panel; development services are provided to Fellowships and Dissertation Grants. children. This is consistent with the Pursuant to section 10(d) of the Date: March 11, 2015. HHS mission to protect and advance the Federal Advisory Committee Act, as Time: 11:30 a.m. to 4:00 p.m. physical and mental health of the amended (5 U.S.C. App.), notice is Agenda: To review and evaluate grant American people. hereby given of the following meetings. applications. The meetings will be closed to the Place: National Institutes of Health, Dated: February 10, 2015. public in accordance with the Neuroscience Center, 6001 Executive Robert G. McSwain, provisions set forth in sections Boulevard, Rockville, MD 20852, (Telephone Deputy Director, Indian Health Service. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Conference Call). [FR Doc. 2015–03235 Filed 2–17–15; 8:45 am] as amended. The grant applications and Contact Person: Marcy Ellen Burstein, Ph.D., Scientific Review Officer, Division of BILLING CODE 4165–16–P the discussions could disclose Extramural Activities, National Institute of confidential trade secrets or commercial Mental Health, NIH, Neuroscience Center, property such as patentable material, DEPARTMENT OF HEALTH AND 6001 Executive Blvd., Room 6143, MSC 9606, and personal information concerning Bethesda, MD 20892–9606, 301–443–9699, HUMAN SERVICES individuals associated with the grant [email protected]. applications, the disclosure of which National Institutes of Health Name of Committee: National Institute of would constitute a clearly unwarranted Mental Health Special Emphasis Panel; National Human Genome Research invasion of personal privacy. Dimensional Approaches to Research Institute; Notice of Closed Meeting Name of Committee: National Institute of Classification in Psychiatric Disorders Mental Health Special Emphasis Panel; (RDoC). Date: March 13, 2015. Pursuant to section 10(d) of the Effectiveness of Treatment, Prevention, and Services Interventions (R01/R01 Time: 8:00 a.m. to 5:00 p.m. Federal Advisory Committee Act, as Agenda: To review and evaluate grant amended (5 U.S.C. App.), notice is Collaborative). Date: March 4, 2015. applications. hereby given of the following meeting. Time: 11:30 a.m. to 2:00 p.m. Place: The Dupont Hotel, 1500 New The meeting will be closed to the Agenda: To review and evaluate grant Hampshire Avenue NW., Washington, DC public in accordance with the applications. 20036. provisions set forth in sections Place: St. Gregory Hotel, 2033 M Street Contact Person: Rebecca Steiner Garcia, Ph.D., Scientific Review Officer, Division of 552b(c)(4) and 552b(c)(6), title 5 U.S.C., NW., Washington, DC 20036. Contact Person: Karen Gavin-Evans, Ph.D., Extramural Activities, National Institute of as amended. The grant applications and Scientific Review Officer, Division of Mental Health, NIH, Neuroscience Center, the discussions could disclose Extramural Activities, National Institute of 6001 Executive Blvd., Room 6149, MSC 9608, confidential trade secrets or commercial Mental Health, NIH, Neuroscience Center, Bethesda, MD 20892–9608, 301–443–4525, property such as patentable material, 6001 Executive Boulevard, Room 6153, MSC [email protected]. and personal information concerning 9606, Bethesda, MD 20892, 301–451–2356, (Catalogue of Federal Domestic Assistance individuals associated with the grant [email protected]. Program No. 93.242, Mental Health Research applications, the disclosure of which Name of Committee: National Institute of Grants, National Institutes of Health, HHS) would constitute a clearly unwarranted Mental Health Special Emphasis Panel; Pilot Dated: February 11, 2015. invasion of personal privacy. Effectiveness Studies and Services Research Grants (R34). Carolyn A. Baum, Name of Committee: Center for Inherited Date: March 4, 2015. Program Analyst, Office of Federal Advisory Disease Research Access Committee. Time: 1:30 p.m. to 5:00 p.m. Committee Policy. Date: March 6, 2015. Agenda: To review and evaluate grant [FR Doc. 2015–03218 Filed 2–17–15; 8:45 am] Time: 1:00 p.m. to 3:00 p.m. applications. BILLING CODE 4140–01–P Agenda: To review and evaluate grant Place: St. Gregory Hotel, 2033 M Street applications. NW., Washington, DC 20036. Place: National Institutes of Health, 5635 Contact Person: Aileen Schulte, Ph.D., DEPARTMENT OF HEALTH AND Fishers Lane, Bethesda, MD 20892 Scientific Review Officer, Division of (Telephone Conference Call). Extramural Activities, National Institute of HUMAN SERVICES Contact Person: Camilla E. Day, Ph.D., Mental Health, NIH, Neuroscience Center, Scientific Review Officer, CIDR, National 6001 Executive Blvd., Room 6140, MSC 9608, National Institutes of Health Human Genome Research Institute, National Bethesda, MD 20892–9608, 301–443–1225, Institutes of Health, 5635 Fishers Lane, Suite [email protected]. National Institute of Allergy and 4075, Bethesda, MD 20892, 301–402–8837, Name of Committee: National Institute of Infectious Diseases: Notice of Closed [email protected]. Mental Health Special Emphasis Panel; Gut- Meeting (Catalogue of Federal Domestic Assistance Microbiome-Brain Interactions and Mental Program Nos. 93.172, Human Genome Health (R21/R33). Pursuant to section 10(d) of the Research, National Institutes of Health, HHS) Date: March 11, 2015. Federal Advisory Committee Act, as
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amended (5 U.S.C. App.), notice is Name of Committee: Center for Scientific Scientific Review, National Institutes of hereby given of the following meeting. Review Special Emphasis Panel; PAR 13–374 Health, 6701 Rockledge Drive, Room 4152, The meeting will be closed to the Modeling of Social Behavior. MSC 7760, Bethesda, MD 20892, (301) 404– Date: March 9, 2015. 7419, [email protected]. public in accordance with the Time: 12:30 p.m. to 1:30 p.m. provisions set forth in sections Name of Committee: Center for Scientific Agenda: To review and evaluate grant Review Special Emphasis Panel; Small 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. Business: Respiratory Sciences. as amended. The grant applications and Place: National Institutes of Health, 6701 Date: March 19–20, 2015. the discussions could disclose Rockledge Drive, Bethesda, MD 20892, Time: 9 a.m. to 5 p.m. confidential trade secrets or commercial (Telephone Conference Call). Agenda: To review and evaluate grant property such as patentable material, Contact Person: Gabriel B. Fosu, Ph.D., applications. Scientific Review Officer, Center for and personal information concerning Place: National Institutes of Health, 6701 Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, individuals associated with the grant Health, 6701 Rockledge Drive, Room 3108, applications, the disclosure of which (Virtual Meeting). MSC 7808, Bethesda, MD 20892, (301) 435– Contact Person: Ghenima Dirami, Ph.D., would constitute a clearly unwarranted 3562, [email protected]. Scientific Review Officer, Center for invasion of personal privacy. Name of Committee: Center for Scientific Scientific Review, National Institutes of Name of Committee: National Institute of Review Special Emphasis Panel; PAR–13– Health, 6701 Rockledge Drive, Room 4122, Allergy and Infectious Diseases Special 208: CounterACT-Countermeasurers Against MSC 7814, Bethesda, MD 20892, 240–498– Emphasis Panel; NIAID Investigator Initiated Chemical Threats. 7546, [email protected]. Program Project Application (P01). Date: March 12, 2015. Name of Committee: Center for Scientific Date: March 9, 2015. Time: 8 a.m. to 6 p.m. Review Special Emphasis Panel; AREA: Time: 2 p.m. to 5:30 p.m. Agenda: To review and evaluate grant Genes, Genomes and Genetics applications. applications. Agenda: To review and evaluate grant Date: March 19, 2015. Place: Hotel Monaco Baltimore, 2 North applications. Time: 11 a.m. to 1 p.m. Charles Street, Baltimore, MD 20724. Place: National Institutes of Health, 5601 Agenda: To review and evaluate grant Contact Person: Geoffrey G. Schofield, Fishers Lane, Rockville, MD 20852, applications. Ph.D., Scientific Review Officer, Center for (Telephone Conference Call). Place: National Institutes of Health, 6701 Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Contact Person: Yong Gao, Ph.D., Scientific Health, 6701 Rockledge Drive, Room 4040–A, (Telephone Conference Call). Review Officer, Scientific Review Program, MSC 7850, Bethesda, MD 20892, 301–435– Contact Person: Michael M. Sveda, Ph.D., Division of Extramural Activities, Room 1235, [email protected]. #3G13B National Institutes of Health/NIAID, Scientific Review Officer, Center for 5601 Fishers Lane, MSC 9823, Rockville, MD Name of Committee: Center for Scientific Scientific Review, National Institutes of 20852, (240) 669–5048, [email protected]. Review Special Emphasis Panel; Fellowship: Health, 6701 Rockledge Drive, Room 2204, Cell Biology, Developmental Biology and (Catalogue of Federal Domestic Assistance MSC 7890, Bethesda, MD 20892, 301–435– Bioengineering. 3565, [email protected]. Program Nos. 93.855, Allergy, Immunology, Date: March 17–18, 2015. Name of Committee: Center for Scientific and Transplantation Research; 93.856, Time: 8 a.m. to 6 p.m. Microbiology and Infectious Diseases Agenda: To review and evaluate grant Review Special Emphasis Panel; OBT— Research, National Institutes of Health, HHS) applications. AREA Review. Date: March 19, 2015. Dated: February 10, 2015. Place: Doubletree Hotel Bethesda, Time: 1 p.m. to 4 p.m. David Clary, (Formerly Holiday Inn Select), 8120 Wisconsin Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant Program Analyst, Office of Federal Advisory Contact Person: Alexander Gubin, Ph.D., applications. Committee Policy. Scientific Review Officer, Center for Place: National Institutes of Health, 6701 [FR Doc. 2015–03214 Filed 2–17–15; 8:45 am] Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting). BILLING CODE 4140–01–P Health, 6701 Rockledge Drive, Room 4196, MSC 7812, Bethesda, MD 20892, 301–435– Contact Person: Manzoor Zarger, Ph.D., 2902, [email protected]. Scientific Review Officer, Center for Scientific Review, National Institutes of Name of Committee: Center for Scientific DEPARTMENT OF HEALTH AND Health, 6701 Rockledge Drive, Room 6208, Review Special Emphasis Panel; HUMAN SERVICES MSC 7804, Bethesda, MD 20892, (301) 435– Musculoskeletal Biology and Rehabilitation. 2477, [email protected]. National Institutes of Health Date: March 17–18, 2015. Time: 10 a.m. to 2 p.m. Name of Committee: AIDS and Related Center for Scientific Review: Notice of Agenda: To review and evaluate grant Research Integrated Review Group; NeuroAIDS and Other End-Organ Diseases Closed Meetings applications. Place: National Institutes of Health, 6701 Study Section. Pursuant to section 10(d) of the Rockledge Drive, Bethesda, MD 20892, Date: March 20, 2015. (Virtual Meeting). Time: 8 a.m. to 6 p.m. Federal Advisory Committee Act, as Agenda: To review and evaluate grant amended (5 U.S.C. App.), notice is Contact Person: Yanming Bi, Ph.D., Scientific Review Officer, Center for applications. hereby given of the following meetings. Scientific Review, National Institutes of Place: The Fairmont Washington, DC, 2401 The meetings will be closed to the Health, 6701 Rockledge Drive, Room 4214, M Street NW., Washington, DC 20037. public in accordance with the MSC 7814, Bethesda, MD 20892, 301–451– Contact Person: Eduardo A. Montalvo, provisions set forth in sections 0996, [email protected]. Ph.D., Scientific Review Officer, Center for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Center for Scientific Scientific Review, National Institutes of as amended. The grant applications and Review Special Emphasis Panel; NMR Health, 6701 Rockledge Drive, Room 5108, the discussions could disclose Technology Development. MSC 7852, Bethesda, MD 20892, (301) 435– 1168, [email protected]. confidential trade secrets or commercial Date: March 18–20, 2015. property such as patentable material, Time: 7:30 p.m. to 12 p.m. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Review Special Emphasis Panel; Electron and personal information concerning applications. Microscopy of Biological Macromolecules. individuals associated with the grant Place: Hilton East Brunswick, 3 Tower Date: March 20, 2015. applications, the disclosure of which Center Blvd., East Brunswick, NJ 08816. Time: 9 a.m. to 6 p.m. would constitute a clearly unwarranted Contact Person: Nitsa Rosenzweig, Ph.D., Agenda: To review and evaluate grant invasion of personal privacy. Scientific Review Officer, Center for applications.
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Place: National Institutes of Health, 6701 Date: March 24–25, 2015. DEPARTMENT OF HEALTH AND Rockledge Drive, Bethesda, MD 20892, Time: 9 a.m. to 5 p.m. HUMAN SERVICES (Virtual Meeting). Agenda: To review and evaluate grant Contact Person: Wallace Ip, Ph.D., applications. National Institutes of Health Scientific Review Officer, Center for Place: National Institutes of Health, 6701 Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Health, 6701 Rockledge Drive, Room 5128, (Virtual Meeting). National Institute of Allergy and MSC 7840, Bethesda, MD 20892, 301–435– Contact Person: Ghenima Dirami, Ph.D., Infectious Diseases: Notice of Closed 1191, [email protected]. Scientific Review Officer, Center for Meetings Name of Committee: Center for Scientific Scientific Review, National Institutes of Review Special Emphasis Panel; Member Health, 6701 Rockledge Drive, Room 4122, Pursuant to section 10(d) of the Conflict: Genes, Genomes, and Genetics. MSC 7814, Bethesda, MD 20892, 240–498– Federal Advisory Committee Act, as Date: March 20, 2015. 7546, [email protected]. amended (5 U.S.C. App.), notice is Time: 1 p.m. to 3 p.m. Name of Committee: Center for Scientific hereby given of the following meetings. Agenda: To review and evaluate grant Review Special Emphasis Panel; Mechanisms applications. of Antibiotic Resistance. The meetings will be closed to the Place: National Institutes of Health, 6701 Date: March 24, 2015. public in accordance with the Rockledge Drive, Bethesda, MD 20892, Time: 10 a.m. to 11 a.m. provisions set forth in sections (Telephone Conference Call). Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Dominique Lorang-Leins, applications. as amended. The grant applications and Ph.D., Scientific Review Officer, National Place: National Institutes of Health, 6701 the discussions could disclose Institutes of Health, Center for Scientific Rockledge Drive, Bethesda, MD 20892, confidential trade secrets or commercial Review, 6701 Rockledge Drive, Room 5108, (Telephone Conference Call). MSC 7766, Bethesda, MD 20892, Contact Person: Barbara J. Thomas, Ph.D., property such as patentable material, 301.326.9721, [email protected]. Scientific Review Officer, Center for and personal information concerning Name of Committee: Center for Scientific Scientific Review, National Institutes of individuals associated with the grant Review Special Emphasis Panel; Tools for Health, 6701 Rockledge Drive, Room 2218, applications, the disclosure of which Characterizing Glycans. MSC 7890, Bethesda, MD 20892, 301–435– would constitute a clearly unwarranted Date: March 23–24, 2015. 0603, [email protected]. invasion of personal privacy. Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Review Special Emphasis Panel; Fellowship: Name of Committee: National Institute of applications. Immunology. Allergy and Infectious Diseases Special Place: Embassy Suites at the Chevy Chase Date: March 24, 2015. Emphasis Panel; Development of Novel Pavilion, 4300 Military Road NW., Time: 11:30 a.m. to 5 p.m. Therapeutics for Select Pathogens (R21/R3): Washington, DC 20015. Agenda: To review and evaluate grant Influenza. Contact Person: Michael L. Bloom, Ph.D., applications. Date: March 9–10, 2015. Scientific Review Officer, Center for Place: National Institutes of Health, 6701 Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6187, (Virtual Meeting). applications. Contact Person: Patrick K. Lai, Ph.D., MSC 7804, Bethesda, MD 20892, 301–451– Place: Doubletree Hotel Bethesda, 0132, [email protected]. Scientific Review Officer, Center for (Formerly Holiday Inn Select), Ball Room D, Name of Committee: Center for Scientific Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2215, 8120 Wisconsin Avenue, Bethesda, MD Review Special Emphasis Panel; Dermatology 20814. and Rheumatology Conflict. MSC 7812, Bethesda, MD 20892, 301–435– Contact Person: Lynn Rust, Ph.D., Date: March 23–24, 2015. 1052, [email protected]. Time: 9 a.m. to 6 p.m. Name of Committee: Center for Scientific Scientific Review Officer, Scientific Review Agenda: To review and evaluate grant Review Special Emphasis Panel; Member Program, Division of Extramural Activities, applications. Conflict: Child Psychopathology and NIAID/NIH/DHHS, 5601 Fishers Lane, Place: National Institutes of Health, 6701 Developmental Disabilities. Rockville, MD 20852, 240–669–5051, Rockledge Drive, Bethesda, MD 20892, Date: March 24, 2015. [email protected]. (Virtual Meeting). Time: 12 p.m. to 3 p.m. Name of Committee: National Institute of Agenda: To review and evaluate grant Contact Person: Maria Nurminskaya, Ph.D., Allergy and Infectious Diseases Special Scientific Review Officer, Center for applications. Emphasis Panel; Integrated Preclinical/ Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Clinical Program for HIV Topical Health, Bethesda, MD 20892, (301) 435–1222, Rockledge Drive, Bethesda, MD 20892, [email protected]. (Telephone Conference Call). Microbicides and Biomedical Prevention (IPCP–MBP) (U19). Name of Committee: Center for Scientific Contact Person: Serena Chu, Ph.D., Review Special Emphasis Panel; Scientific Review Officer, BBBP IRG, Center Date: March 9–10, 2015. Fellowships: Health and Behavior. for Scientific Review, National Institutes of Time: 8:30 a.m. to 5 p.m. Date: March 23, 2015. Health, 6701 Rockledge Drive, Room 3178, Agenda: To review and evaluate grant Time: 11 a.m. to 12 p.m. MSC 7848, Bethesda, MD 20892, 301–500– applications. Agenda: To review and evaluate grant 5829, [email protected]. Place: National Institutes of Health, Room applications. (Catalogue of Federal Domestic Assistance LD30, 5601 Fishers Lane, Rockville, MD Place: Embassy Suites at the Chevy Chase Program Nos. 93.306, Comparative Medicine; 20852. Pavilion, 4300 Military Road NW., 93.333, Clinical Research, 93.306, 93.333, Contact Person: Uday K. Shankar, Ph.D., Washington, DC 20015. 93.337, 93.393–93.396, 93.837–93.844, MSC, Scientific Review Officer, Scientific 93.846–93.878, 93.892, 93.893, National Contact Person: Stacey C. FitzSimmons, Review Program, DEAS/NIAID/NIH/DHHS, Ph.D., Scientific Review Officer, Center for Institutes of Health, HHS) 5601 Fishers Lane, Rockville, MD 20852, Scientific Review, National Institutes of Dated: February 11, 2015. Health, 6701 Rockledge Drive, Room 3114, 240–669–5051, [email protected]. Michelle Trout, MSC 7808, Bethesda, MD 20892, (301) 451– (Catalogue of Federal Domestic Assistance 9956, [email protected]. Program Analyst, Office of Federal Advisory Program Nos. 93.855, Allergy, Immunology, Committee Policy. Name of Committee: Center for Scientific and Transplantation Research; 93.856, Review Special Emphasis Panel; Member [FR Doc. 2015–03216 Filed 2–17–15; 8:45 am] Microbiology and Infectious Diseases Conflicts—Asthma and Host Defense. BILLING CODE 4140–01–P Research, National Institutes of Health, HHS)
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Dated: February 10, 2015. (Catalogue of Federal Domestic Assistance Dated: February 11, 2015. David Clary, Program Nos. 93.361, Nursing Research, Melanie J. Gray, Program Analyst, Office of Federal Advisory National Institutes of Health, HHS) Program Analyst, Office of Federal Advisory Committee Policy. Dated: February 11, 2015. Committee Policy. [FR Doc. 2015–03213 Filed 2–17–15; 8:45 am] Michelle Trout, [FR Doc. 2015–03215 Filed 2–17–15; 8:45 am] BILLING CODE 4140–01–P Program Analyst, Office of Federal Advisory BILLING CODE 4140–01–P Committee Policy. [FR Doc. 2015–03217 Filed 2–17–15; 8:45 am] DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND HUMAN SERVICES SECURITY National Institutes of Health DEPARTMENT OF HEALTH AND Agency Information Collection Activities: DHS Individual Complaint of National Institute of Nursing Research: HUMAN SERVICES Employment Discrimination, DHS Form Notice of Closed Meetings National Institutes of Health 3090–1 Pursuant to section 10(d) of the AGENCY: National Eye Institute: Notice of Closed Office for Civil Rights and Civil Federal Advisory Committee Act, as Liberties, DHS. amended (5 U.S.C. App.), notice is Meeting hereby given of the following meetings. ACTION: 30-day notice and request for The meetings will be closed to the Pursuant to section 10(d) of the comments; reinstatement with change of public in accordance with the Federal Advisory Committee Act, as a previously approved collection, 1610– provisions set forth in sections amended (5 U.S.C. App.), notice is 0001. hereby given of a meeting of the Board 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., SUMMARY: The Department of Homeland of Scientific Counselors, National Eye as amended. The grant applications and Security, Office for Civil Rights and Institute. contract proposals and the discussions Civil Liberties, will submit the could disclose confidential trade secrets The meeting will be closed to the following Information Collection or commercial property such as public as indicated below in accordance Request (ICR) to the Office of patentable material, and personal with the provisions set forth in section Management and Budget (OMB) for information concerning individuals 552b(c)(6), Title 5 U.S.C., as amended review and clearance in accordance associated with the grant applications for the review, discussion, and with the Paperwork Reduction Act of and contract proposals, the disclosure of evaluation of individual intramural 1995 (Pub. L. 104–13, 44 U.S.C. 35). which would constitute a clearly programs and projects conducted by the DHS previously published this unwarranted invasion of personal NATIONAL EYE INSTITUTE, including information collection request (ICR) in privacy. consideration of personnel the Federal Register on Wednesday, Name of Committee: National Institute of qualifications and performance, and the October 22, 2014 at 79 FR 63138 for a Nursing Research Special Emphasis Panel; competence of individual investigators, 60-day public comment period. No Training and Career Development. the disclosure of which would comments were received by DHS. The Date: March 18, 2015. constitute a clearly unwarranted purpose of this notice is to allow Time: 3 p.m. to 4 p.m. invasion of personal privacy. additional 30-days for public comments. Agenda: To review and evaluate grant applications. Name of Committee: Board of Scientific DATES: Comments are encouraged and Place: National Institute of Nursing Counselors, National Eye Institute. will be accepted until March 20, 2015. Research, National Institutes of Health, One Date: March 1–3, 2015. This process is conducted in accordance Democracy Plaza, Suite 703, 6701 Democracy Time: 6 p.m. to 5:30 p.m. with 5 CFR 1320.1 Boulevard, Bethesda, MD 20892, (Telephone Agenda: To review and evaluate personal ADDRESSES: Interested persons are Conference Call). qualifications and performance, and Contact Person: Mario Rinaudo, M.D., competence of individual investigators. invited to submit written comments on Scientific Review Officer, Office of Review, Place: National Institutes of Health, the proposed information collection to National Institute of Nursing Research, Building 31, Conference Room 6C6, 31 the Office of Information and Regulatory National Institutes of Health, 6701 Center Drive, Bethesda, MD 20892. Affairs, Office of Management and Democracy Boulevard, Suite 703, Bethesda, Contact Person: Sheldon S. Miller, Ph.D., Budget. Comments should be addressed MD 20892, 301–594–5973, mrinaudo@ Scientific Director, National Institutes of to OMB Desk Officer, Department of mail.nih.gov. Health National Eye Institute, Bethesda, MD Homeland Security and sent via Name of Committee: National Institute of 20892, (301) 451–6763, Sheldon.Miller@ electronic mail to oira_submission@ Nursing Research Special Emphasis Panel; nih.gov. omb.eop.gov or faxed to (202) 395–5806. Loan Repayment. Any interested person may file written SUPPLEMENTARY INFORMATION: Date: March 25, 2015. It is the comments with the committee by forwarding policy of the Government of the United Time: 11 a.m. to 12 p.m. the statement to the Contact Person listed on States to provide equal opportunity in Agenda: To review and evaluate contract this notice. The statement should include the proposals. name, address, telephone number and when employment for all persons, to prohibit Place: National Institute of Nursing applicable, the business or professional discrimination in employment because Research, National Institutes of Health, One affiliation of the interested person. of race, color, religion, sex, national Democracy Plaza, Suite 703, 6701 Democracy Information is also available on the origin, age, disability, protected genetic Boulevard, Bethesda, MD 20892, (Telephone Institute’s/Center’s home page: information, sexual orientation, or Conference Call). www.nei.nih.gov, where an agenda and any status as a parent, and to promote the Contact Person: Mary A. Kelly, Scientific Review Officer, Office of Review, National additional information for the meeting will full realization of equal employment Institute of Nursing Research, National be posted when available. opportunity (EEO) through a continuing Institutes of Health, 6701 Democracy (Catalogue of Federal Domestic Assistance affirmative program in each agency. Boulevard, Suite 700, Bethesda, MD 20892, Program Nos. 93.867, Vision Research, Persons who claim to have been 301–496–0235, [email protected]. National Institutes of Health, HHS) subjected to these types of
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discrimination, or to retaliation for form can then be directly uploaded into Total Burden Hours: 600 hours. opposing these types of discrimination the DHS EEO Enterprise Complaints Carlene C. Ileto, or for participating in any stage of Tracking System, also known as administrative or judicial proceedings ‘‘iComplaints.’’ Executive Director, Enterprise Business Management Office. relating to them, can seek a remedy There is no change or adjustment to under title VII of the Civil Rights Act [FR Doc. 2015–03219 Filed 2–17–15; 8:45 am] the burden associated with the BILLING CODE 9110–9B–P (title VII) (42 U.S.C. 2000e et seq.) (race, collection of information associated color, religion, sex, national origin), the with the DHS complaint form. DHS is Age Discrimination in Employment Act proposing to make one change to the DEPARTMENT OF HOMELAND (ADEA) (29 U.S.C. 621 et seq.) (age), the DHS complaint form. This change is the SECURITY Equal Pay Act (29 U.S.C. 206(d)) (sex), addition of a new checkbox that says the Rehabilitation Act (29 U.S.C. 791 et ‘‘gender identity’’ as a sub-category Federal Emergency Management seq.) (disability), the Genetic under the existing checkbox that says Agency Information Nondiscrimination Act ‘‘sex’’ on the form. Gender identity (GINA) (42 U.S.C. 2000ff et seq.) [Docket ID: FEMA–2015–0008; OMB No. discrimination is a form of sex (genetic information), and Executive 1660–0030] discrimination, which is covered under Order 11478 (as amended by Executive title VII. So this information is already Agency Information Collection Orders 13087 and 13152) (sexual Activities: Proposed Collection; orientation or status as a parent). included in data gathered in EEO The Department of Homeland complaints; adding the separate check Comment Request; Manufactured Security (DHS), Office for Civil Rights box just more clearly identifies a sub- Housing Operations Forms category. This form modification is in and Civil Liberties (CRCL) adjudicates AGENCY: Federal Emergency accordance with new instructions from discrimination complaints filed by Management Agency, DHS. EEOC—requiring all government current and former DHS employees, as ACTION: Notice; correction. well as applicants for employment to agencies to specifically identify this DHS. The complaint adjudication type of information on our complaint On February 9, 2015, the Federal process for statutory rights is outlined in forms. Emergency Management Agency the Equal Employment Opportunity The Office of Management and Budget (FEMA) published an agency Commission (EEOC) regulations found is particularly interested in comments information collection notice in the at title 29, Code of Federal Regulations which: Federal Register at 80 FR 7005. In the part 1614 and EEO Management 1. Evaluate whether the proposed FOR FURTHER INFORMATION CONTACT Directive 110. For complaints regarding collection of information is necessary section, FEMA inadvertently listed the sexual orientation or status as a parent, for the proper performance of the email address for the Records DHS follows the same procedures as for functions of the agency, including Management Division as FEMA- statutory rights, to the extent permitted whether the information will have Information-Collections-anagement@ by law. practical utility; fema.dhs.gov. It should be FEMA- The recordkeeping provisions are Information-Collections-Management@ designed to ensure that a current 2. Evaluate the accuracy of the fema.dhs.gov. employee, former employee, or agency’s estimate of the burden of the Dated: February 11, 2015. applicant for employment claiming to proposed collection of information, be aggrieved or that person’s attorney including the validity of the Charlene D. Myrthil, provide a signed statement that is methodology and assumptions used; Director, Records Management Division, sufficiently precise to identify the Mission Support, Federal Emergency 3. Enhance the quality, utility, and Management Agency, Department of aggrieved individual and the agency and clarity of the information to be Homeland Security. to describe generally the action(s) or collected; and practice(s) that form the basis of the [FR Doc. 2015–03368 Filed 2–17–15; 8:45 am] complaint. The complaint must also 4. Minimize the burden of the BILLING CODE 9111–23–P contain a telephone number and address collection of information on those who are to respond, including through the where the complainant or the DEPARTMENT OF HOMELAND representative can be contacted. The use of appropriate automated, SECURITY complaint form is used for original electronic, mechanical, or other technological collection techniques or allegations of discrimination but also for U.S. Customs and Border Protection amendments to underlying complaints other forms of information technology, of discrimination. The form also e.g., permitting electronic submissions [1651–0105] determines whether the person is of responses. Agency Information Collection willing to participate in mediation or Analysis other available types of alternative Activities: Application To Use the dispute resolution (ADR) to resolve their Agency: Office for Civil Rights and Automated Commercial Environment complaint; Congress has enacted Civil Liberties, DHS. (ACE) legislation to encourage the use of ADR Title: DHS Individual Complaint of AGENCY: U.S. Customs and Border in the federal sector and the form Employment Discrimination. Protection, Department of Homeland ensures that such an option is Security. OMB Number: 1610–0001. considered at this preliminary stage of ACTION: 30-Day notice and request for the EEO complaint process. Frequency: Annually. comments; revision of an existing A complainant may access the Affected Public: Federal Government. collection of information. complaint form on the agency Web site and may submit a completed complaint Number of Respondents: 1,200. SUMMARY: U.S. Customs and Border form electronically to the relevant Estimated Time per Respondent: 30 Protection (CBP) of the Department of Component’s EEO Office. The complaint minutes. Homeland Security will be submitting
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the following information collection respondents or record keepers from the 3. Filing Notification Point of Contact request to the Office of Management and collection of information (total capital/ a. Name Budget (OMB) for review and approval startup costs and operations and b. Phone Number in accordance with the Paperwork maintenance costs). The comments that c. Email Reduction Act: Application to Use the are submitted will be summarized and Current Actions: CBP is proposing Automated Commercial Environment included in the CBP request for OMB that this information collection be (ACE). CBP is proposing that this approval. All comments will become a extended with a change to the burden information collection be extended with matter of public record. In this hours resulting from the addition of a a change to the burden hours resulting document, CBP is soliciting comments new application for exporters to from the addition of a new application concerning the following information establish an ACE Portal account. There for exporters to establish an ACE Portal collection: are no proposed changes to the existing account. There are no proposed changes Title: Application to Use the ACE Portal application for imported to the existing ACE Portal application Automated Commercial Environment merchandise. for imported merchandise. This (ACE). Type of Review: Extension (with document is published to obtain OMB Number: 1651–0105. change). comments from the public and affected Abstract: The Automated Commercial Affected Public: Businesses. agencies. Environment (ACE) is a trade processing Application to ACE (Import) DATES: Written comments should be system that will eventually replace the received on or before March 20, 2015 to Automated Commercial System (ACS), Estimated Number of Respondents: be assured of consideration. the current import system for U.S. 21,000. Customs and Border Protection (CBP) ADDRESSES: Interested persons are Estimated Number of Total Annual invited to submit written comments on operations. ACE is authorized by Responses: 21,000. this proposed information collection to Executive Order 13659 which mandates Estimated Time per Response: .33 the Office of Information and Regulatory implementation of a Single Window for hours. Affairs, Office of Management and trade. See 79 FR 10655 (February 25, Estimated Total Annual Burden Budget. Comments should be addressed 2014). ACE supports government Hours: 6,930. agencies and the trade community with to the OMB Desk Officer for Customs Application to ACE (Export) and Border Protection, Department of border-related missions with respect to Homeland Security, and sent via moving goods across the border Estimated Number of Respondents: electronic mail to oira_submission@ efficiently and securely. Once ACE is 9,000. omb.eop.gov or faxed to (202) 395–5806. fully implemented, all related CBP trade Estimated Number of Total Annual functions and the trade community will Responses: 9,000. FOR FURTHER INFORMATION CONTACT: Estimated Time per Response: .066 Requests for additional information be supported from a single common hours. should be directed to Tracey Denning, user interface. Currently, ACE is used for imported Estimated Total Annual Burden U.S. Customs and Border Protection, merchandise by brokers, carriers, Hours: 594. Regulations and Rulings, Office of sureties, service providers, facility International Trade, 90 K Street NE., Dated: February 12, 2015. operators, foreign trade zone operators, 10th Floor, Washington, DC 20229– Tracey Denning, cart men and lighter men. In order to 1177, at 202–325–0265. Agency Clearance Officer, U.S. Customs and establish an ACE Portal account, Border Protection. SUPPLEMENTARY INFORMATION: This participants submit information such as [FR Doc. 2015–03375 Filed 2–17–15; 8:45 am] proposed information collection was their name, their employer previously published in the Federal identification number (EIN) or social BILLING CODE 9111–14–P Register (79 FR 73098) on December 9, security number, and if applicable, a 2014, allowing for a 60-day comment statement certifying their capability to period. This notice allows for an DEPARTMENT OF HOMELAND connect to the internet. This SECURITY additional 30 days for public comments. information is submitted through the This process is conducted in accordance ACE Secure Data Portal which is Customs and Border Protection with 5 CFR 1320.10. CBP invites the accessible at: http://www.cbp.gov/trade/ general public and other Federal automated. Accreditation and Approval of Intertek agencies to comment on proposed and/ CBP is proposing to add export USA, Inc., as a Commercial Gauger or continuing information collections functionality to the system which will and Laboratory pursuant to the Paperwork Reduction allow participation from the exporter Act of 1995 (Pub. L. 104–13; 44 U.S.C. community. Trade members wishing to AGENCY: U.S. Customs and Border 3507). The comments should address: establish an exporter account will need Protection, Department of Homeland (a) Whether the collection of to submit the following data elements: Security. information is necessary for the proper ACTION: Notice of accreditation and performance of the functions of the 1. Company Information a. EIN approval of Intertek USA, Inc., as a agency, including whether the b. DUNS (optional) commercial gauger and laboratory. information shall have practical utility; c. Company Name (b) the accuracy of the agency’s d. Company Address SUMMARY: Notice is hereby given, estimates of the burden of the collection e. End of Fiscal Year pursuant to CBP regulations, that of information; (c) ways to enhance the 2. ACE Export Account Owner Information Intertek USA, Inc., has been approved to quality, utility, and clarity of the a. Name gauge and accredited to test petroleum information to be collected; (d) ways to b. Date of Birth and petroleum products for customs c. Telephone Number purposes for the next three years as of minimize the burden, including the use d. Fax Number (optional) of automated collection techniques or e. Email February 19, 2014. the use of other forms of information f. Account Owner address if different from DATES: Effective Dates: The technology; and (e) the annual costs to Company Address accreditation and approval of Intertek
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USA, Inc., as commercial gauger and Inc., 4702 Westway Dr., Corpus Christi, API chapters Title laboratory became effective on February TX 78408, has been approved to gauge 19, 2014. The next triennial inspection and accredited to test petroleum and 8 ...... Sampling. date will be scheduled for February petroleum products for customs 12 ...... Calculations. 2017. purposes, in accordance with the 17 ...... Maritime Measure- ments. FOR FURTHER INFORMATION CONTACT: provisions of 19 CFR 151.12 and 19 CFR Approved Gauger and Accredited 151.13. Intertek USA, Inc., is approved Laboratories Manager, Laboratories and for the following gauging procedures for Intertek USA, Inc., is accredited for Scientific Services Directorate, U.S. petroleum and certain petroleum the following laboratory analysis Customs and Border Protection, 1300 products set forth by the American procedures and methods for petroleum Pennsylvania Avenue NW., Suite Petroleum Institute (API): and certain petroleum products set forth 1500N, Washington, DC 20229, tel. 202– by the U.S. Customs and Border 344–1060. API chapters Title Protection Laboratory Methods (CBPL) SUPPLEMENTARY INFORMATION: Notice is 3 ...... Tank gauging. and American Society for Testing and hereby given pursuant to 19 CFR 151.12 7 ...... Temperature Deter- Materials (ASTM): and 19 CFR 151.13, that Intertek USA, mination.
CBPL No. ASTM Title
27–01 ...... ASTM D–287 Standard test method for API gravity of crude Petroleum & Petroleum products (Hydrometer Method). 27–03 ...... ASTM D–4006 Standard test method for water in crude oil by distillation. 27–04 ...... ASTM D–95 Standard test method for water in petroleum products and bituminous materials by distillation. 27–05 ...... ASTM D–4928 Standard test method for water in crude oils by Coulometric Karl Fischer Titration. 27–06 ...... ASTM D–473 Standard test method for sediment in crude oils and fuel oils by the extraction method. 27–08 ...... ASTM D–86 Standard Test Method for Distillation of Petroleum Products. 27–10 ...... ASTM D–323 Standard test method for vapor pressure of petroleum products (Reid Method). 27–11 ...... ASTM D–445 Standard test method for kinematic viscosity of transparent and opaque liquids (and calculations of dynamic viscosity). 27–13 ...... ASTM D–4294 Standard test method for sulfur in petroleum and petroleum products by energy-dispersive x-ray fluores- cence spectrometry. 27–46 ...... ASTM D–5002 Standard test method for density and relative density. 27–48 ...... ASTM D–4052 Standard test method for density and relative density of liquids by digital density meter. 27–50 ...... ASTM D–93 Standard test methods for flash point by Penske-Martens Closed Cup Tester. 27–53 ...... ASTM D–2709 Standard test method for water and sediment in middle distillate fuels by centrifuge. 27–58 ...... ASTM D–5191 Standard Test Method For Vapor Pressure of Petroleum Products (Mini Method).
Anyone wishing to employ this entity DEPARTMENT OF HOMELAND Pennsylvania Avenue NW., Suite to conduct laboratory analyses and SECURITY 1500N, Washington, DC 20229, tel. 202– gauger services should request and 344–1060. receive written assurances from the U.S. Customs and Border Protection Accreditation and Approval of Intertek SUPPLEMENTARY INFORMATION: Notice is entity that it is accredited or approved hereby given pursuant to 19 CFR 151.12 by the U.S. Customs and Border USA, Inc., as a Commercial Gauger and Laboratory and 19 CFR 151.13, that Intertek USA, Protection to conduct the specific test or Inc., 2604 Moss Lane, Harvey, LA gauger service requested. Alternatively, AGENCY: U.S. Customs and Border 70058, has been approved to gauge and inquiries regarding the specific test or Protection, Department of Homeland accredited to test petroleum and gauger service this entity is accredited Security. petroleum products for customs or approved to perform may be directed ACTION: Notice of accreditation and purposes, in accordance with the to the U.S. Customs and Border approval of Intertek USA, Inc., as a provisions of 19 CFR 151.12 and 19 CFR Protection by calling (202) 344–1060. commercial gauger and laboratory. 151.13. Intertek USA, Inc., is approved The inquiry may also be sent to for the following gauging procedures for [email protected]. Please reference the SUMMARY: Notice is hereby given, petroleum and certain petroleum Web site listed below for a complete pursuant to CBP regulations, that products set forth by the American Intertek USA, Inc., has been approved to listing of CBP approved gaugers and Petroleum Institute (API): gauge and accredited to test petroleum accredited laboratories. http:// and petroleum products for customs API chapters Title www.cbp.gov/sites/default/files/ purposes for the next three years as of documents/gaulist_3.pdf June 10, 2014. 3 ...... Tank gauging. Dated: February 9, 2015. DATES: Effective Dates: The 7 ...... Temperature Determination. Ira S. Reese, accreditation and approval of Intertek 8 ...... Sampling. 12 ...... Calculations. Executive Director, Laboratories and USA, Inc., as commercial gauger and Scientific Services Directorate. laboratory became effective on June 10, 17 ...... Maritime Measurements. [FR Doc. 2015–03352 Filed 2–17–15; 8:45 am] 2014. The next triennial inspection date will be scheduled for June 2017. BILLING CODE 9111–14–P Intertek USA, Inc., is accredited for FOR FURTHER INFORMATION CONTACT: the following laboratory analysis Approved Gauger and Accredited procedures and methods for petroleum Laboratories Manager, Laboratories and and certain petroleum products set forth Scientific Services Directorate, U.S. by the U.S. Customs and Border Customs and Border Protection, 1300 Protection Laboratory Methods (CBPL)
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and American Society for Testing and Materials (ASTM):
CBPL No. ASTM Title
27–01 ...... ASTM D–287 Standard test method for API gravity of crude Petroleum & Petroleum products (Hydrometer Method). 27–02 ...... ASTM D–1298 Standard Practice for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Meter. 27–04 ...... ASTM D–95 Standard test method for water in petroleum products and bituminous materials by distillation. 27–06 ...... ASTM D–473 Standard test method for sediment in crude oils and fuel oils by the extraction method. 27–13 ...... ASTM D–4294 Standard test method for sulfur in petroleum and petroleum products by energy-dispersive x-ray fluores- cence spectrometry. 27–48 ...... ASTM D–4052 Standard test method for density and relative density of liquids by digital density meter.
Anyone wishing to employ this entity DEPARTMENT OF HOMELAND 1500N, Washington, DC 20229, tel. 202– to conduct laboratory analyses and SECURITY 344–1060. gauger services should request and U.S. Customs and Border Protection SUPPLEMENTARY INFORMATION: Notice is receive written assurances from the hereby given pursuant to 19 CFR 151.12 entity that it is accredited or approved Accreditation and Approval of SGS and 19 CFR 151.13, that SGS North by the U.S. Customs and Border North America, Inc., as a Commercial America, Inc., 12650 McManus Blvd., Protection to conduct the specific test or Gauger and Laboratory Newport News, VA 23602, has been gauger service requested. Alternatively, approved to gauge and accredited to test inquiries regarding the specific test or AGENCY: U.S. Customs and Border petroleum and petroleum products for gauger service this entity is accredited Protection, Department of Homeland customs purposes, in accordance with or approved to perform may be directed Security. the provisions of 19 CFR 151.12 and 19 to the U.S. Customs and Border ACTION: Notice of accreditation and CFR 151.13. SGS North America, Inc., is Protection by calling (202) 344–1060. approval of SGS North America, Inc., as approved for the following gauging The inquiry may also be sent to a commercial gauger and laboratory. procedures for petroleum and certain [email protected]. Please reference the SUMMARY: Notice is hereby given, petroleum products set forth by the Web site listed below for a complete pursuant to CBP regulations, that SGS American Petroleum Institute (API): listing of CBP approved gaugers and North America, Inc., has been approved API chapters Title accredited laboratories. http:// to gauge and accredited to test www.cbp.gov/sites/default/files/ petroleum and petroleum products for _ 3 ...... Tank gauging. documents/gaulist 3.pdf customs purposes for the next three 7 ...... Temperature Determination. Dated: February 9, 2015 . years as of August 26, 2014. 8 ...... Sampling. DATES: 9 ...... Density Determination. Ira S. Reese, Effective Date: The accreditation and approval of SGS North America, 12 ...... Calculations. Executive Director, Laboratories and Inc., as commercial gauger and 17 ...... Maritime Measurements. Scientific Services Directorate. laboratory became effective on August [FR Doc. 2015–03370 Filed 2–17–15; 8:45 am] 26, 2014. The next triennial inspection SGS North America, Inc., is BILLING CODE 9111–14–P date will be scheduled for August 2017. accredited for the following laboratory FOR FURTHER INFORMATION CONTACT: analysis procedures and methods for Approved Gauger and Accredited petroleum and certain petroleum Laboratories Manager, Laboratories and products set forth by the U.S. Customs Scientific Services Directorate, U.S. and Border Protection Laboratory Customs and Border Protection, 1300 Methods (CBPL) and American Society Pennsylvania Avenue NW., Suite for Testing and Materials (ASTM):
CBPL No. ASTM Title
27–03 ...... ASTM D–4006 Standard test method for water in crude oil by distillation. 27–04 ...... ASTM D–95 Standard test method for water in petroleum products and bituminous materials by distillation. 27–06 ...... ASTM D–473 Standard test method for sediment in crude oils and fuel oils by the extraction method. 27–08 ...... ASTM D–86 Standard Test Method for Distillation of Petroleum Products. 27–11 ...... ASTM D–445 Standard test method for kinematic viscosity of transparent and opaque liquids (and calculations of dynamic viscosity). 27–13 ...... ASTM D–4294 Standard test method for sulfur in petroleum and petroleum products by energy-dispersive x-ray fluores- cence spectrometry. 27–48 ...... ASTM D–4052 Standard test method for density and relative density of liquids by digital density meter. 27–54 ...... ASTM D–1796 Standard test method for water and sediment in fuel oils by the centrifuge method (Laboratory procedure). 27–58 ...... ASTM D–5191 Standard Test Method For Vapor Pressure of Petroleum Products (Mini Method).
Anyone wishing to employ this entity by the U.S. Customs and Border or approved to perform may be directed to conduct laboratory analyses and Protection to conduct the specific test or to the U.S. Customs and Border gauger services should request and gauger service requested. Alternatively, Protection by calling (202) 344–1060. receive written assurances from the inquiries regarding the specific test or The inquiry may also be sent to entity that it is accredited or approved gauger service this entity is accredited [email protected]. Please reference the
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Web site listed below for a complete FOR FURTHER INFORMATION CONTACT: To information using computer-assisted listing of CBP approved gaugers and request additional information about telephone or in-person interviews. The accredited laboratories. http:// this IC, contact Hope Grey at hope_ Census Bureau will select a sample of www.cbp.gov/sites/default/files/ [email protected] (email) or 703–358–2482 sportspersons and wildlife watchers documents/gaulist_3.pdf. (telephone). from a household screen and conduct Dated: February 9, 2015. SUPPLEMENTARY INFORMATION: three detailed interviews during the Ira S. Reese, survey year. The survey collects I. Abstract information on the number of days of Executive Director, Laboratories and Scientific Services Directorate. The information collected for the participation, species of animals sought, National Survey of Fishing, Hunting and and expenditures for trips and [FR Doc. 2015–03356 Filed 2–17–15; 8:45 am] equipment. Information on the BILLING CODE 9111–14–P Wildlife-Associated Recreation (FHWAR) assists the Fish and Wildlife characteristics of participants includes Service in administering the Wildlife age, income, sex, education, race, and State of residence. DEPARTMENT OF THE INTERIOR and Sport Fish Restoration grant programs. The 2016 FHWAR will Federal and State agencies use Fish and Wildlife Service provide up-to-date information on the information from the survey to make uses and demands for wildlife-related policy decisions related to fish and [FW–HQ–WSFR–2015–N036; recreation resources, trends in uses of wildlife restoration and management. FVWF97820900000–XXX–FF09W13000 and those resources, and a basis for Participation patterns and trend FVWF54200900000–XXX–FFO9W13000] developing and evaluating programs information help identify present and Proposed Information Collection; and projects to meet existing and future future needs and demands. Land National Survey of Fishing, Hunting, needs. managing agencies use the data on and Wildlife-Associated Recreation We collect the information in expenditures and participation to assess (FHWAR) conjunction with carrying out our the value of wildlife-related recreational responsibilities under the Federal Aid uses of natural resources. Wildlife- AGENCY: Fish and Wildlife Service, in Sport Fish Restoration Act (16 U.S.C. related recreation expenditure Interior. 777–777m), commonly referred to as the information is used to estimate the ACTION: Notice; request for comments. Dingell-Johnson Act, and the Federal economic impact on the economy and to Aid in Wildlife Restoration Act (16 support the dedication of tax revenues SUMMARY: We (U.S. Fish and Wildlife U.S.C. 669–669i), commonly referred to for fish and wildlife restoration Service) will ask the Office of as the Pittman-Robertson Act. Under programs. Management and Budget (OMB) to these acts, as amended, we provide II. Data approve the information collection (IC) approximately $1 billion in grants described below. As required by the annually to States for projects that OMB Control Number: 1018–0088. Paperwork Reduction Act of 1995 and support sport fish and wildlife Title: National Survey of Fishing, as part of our continuing efforts to management and restoration, including: Hunting, and Wildlife-Associated reduce paperwork and respondent • Improvement of fish and wildlife Recreation (FHWAR). burden, we invite the general public and habitats, Service Form Number: None. other Federal agencies to take this • Fishing and boating access, Type of Request: Reinstatement with opportunity to comment on this IC. We • Fish stocking, and change of a previously approved may not conduct or sponsor and a • Hunting and fishing opportunities. person is not required to respond to a We also provide grants for aquatic collection. collection of information, unless it education and hunter education, Description of Respondents: displays a currently valid OMB control maintenance of completed projects, and Individuals and households. number. research into problems affecting fish Respondent’s Obligation: Voluntary. DATES: To ensure that we are able to and wildlife resources. These projects Frequency of Collection: Pre-screener consider your comments on this IC, we help to ensure that the American people internet/paper questionnaire data must receive them by April 20, 2015. have adequate opportunities for fish and collection will be conducted in January ADDRESSES: Send your comments on the wildlife recreation. 2016. Household screen interviews and IC to the Service Information Collection We conduct the survey about every 5 the first detailed sportsperson and Clearance Officer, U.S. Fish and years. The 2016 FHWAR will be the wildlife-watcher interviews will be Wildlife Service, MS BPHC, 5275 13th conducted since 1955. We sponsor conducted April–June 2016. The second Leesburg Pike, Falls Church, VA 22041– the survey at the States’ request, which detailed interviews will be conducted 3803 (mail); or [email protected] is made through the Association of Fish September–October 2016. The third and (email). Please include ‘‘1018–0088’’ in and Wildlife Agencies. We contract with last detailed interviews will be the subject line of your comments. the Census Bureau, which collects the conducted January–March 2017.
Completion time per Activity Number of household Number of participant response Annual burden hours responses respondents (minutes)
Pre-screener ...... 6,970 ...... 5 581 Screener ...... 7,040 ...... 7 821 Wave 1 Sportsperson interviews ...... 1,505 11 276 Wave 2 Sportsperson interviews ...... 2,580 15 645 Wave 3 Sportsperson interviews ...... 4,444 35 2,592 Wave 1 Wildlife Watching interviews ...... 1,252 11 230 Wave 2 Wildlife Watching interviews ...... 2,146 11 393
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Completion time per Activity Number of household Number of participant response Annual burden hours responses respondents (minutes)
Wave 3 Wildlife Watching interviews ...... 3,697 20 1,232
Totals ...... 14,010 15,624 ...... 6,770
III. Comments exceptions, the Endangered Species Act in your comments, you should be aware We invite comments concerning this (ESA) prohibits activities with listed that your entire comment—including information collection on: species unless a Federal permit is issued your personal identifying information— • Whether or not the collection of that allows such activities. The ESA may be made publicly available at any information is necessary, including requires that we invite public comment time. While you can ask us in your whether or not the information will before issuing these permits. comments to withhold your personal have practical utility; DATES: We must receive written data or identifying information from public • The accuracy of our estimate of the comments on the applications at the review, we cannot guarantee that we burden for this collection of address given below by March 20, 2015. will be able to do so. information; ADDRESSES: Documents and other Permit Applications • Ways to enhance the quality, utility, information submitted with the and clarity of the information to be applications are available for review, Permit Application Number: TE collected; and subject to the requirements of the 237537–1 • Ways to minimize the burden of the Privacy Act and Freedom of Information Applicant: Peter Raven, Missouri collection of information on Act, by any party who submits a written Botanical Gardens, St. Louis, Missouri respondents. request for a copy of such documents to The applicant requests renewal and Comments that you submit in the following office within 30 days of amendment of their current permit to response to this notice are a matter of the date of publication of this notice: add authorization to remove and reduce public record. We will include or U.S. Fish and Wildlife Service, 1875 to possession (through seed and leaf summarize each comment in our request Century Boulevard, Suite 200, Atlanta, material collection) 17 species of to OMB to approve this IC. Before GA 30345 (Attn: David Dell, Permit endangered and threatened plant including your address, phone number, Coordinator). species from lands under Federal email address, or other personal jurisdiction in Alabama, Tennessee, identifying information in your FOR FURTHER INFORMATION CONTACT: Karen Marlowe, 10(a)(1)(A) Permit Kentucky, West Virginia, Illinois, comment, you should be aware that Missouri, Virginia, and Mississippi for your entire comment, including your Coordinator, telephone 205–726–2667; facsimile 205–726–2479. ex situ conservation, research, personal identifying information, may propagation, and educational display. be made publicly available at any time. SUPPLEMENTARY INFORMATION: The While you can ask us in your comment public is invited to comment on the Permit Application Number: TE to withhold your personal identifying following applications for permits to 146761–3 information from public review, we conduct certain activities with Applicant: Pedro Ramos, Big Cypress cannot guarantee that we will be able to endangered and threatened species National Preserve, National Park do so. under section 10(a)(1)(A) of the Service, Ochopee, Florida Endangered Species Act of 1973, as Dated: February 11, 2015. The applicant requests renewal of amended (16 U.S.C. 1531 et seq.), and their current permit to take (capture, Tina A. Campbell, our regulations in the Code of Federal harass, chemically immobilize, hold Chief, Division of Policy, Performance, and Regulations (CFR) at 50 CFR 17. This temporarily, transport, radio collar, take Management Programs, U.S. Fish and Wildlife notice is provided under section 10(c) of Service. tissue and blood samples, provide the Act. medical treatment for injury or illness [FR Doc. 2015–03237 Filed 2–17–15; 8:45 am] If you wish to comment, you may including appropriate vaccinations, BILLING CODE 4310–55–P submit comments by any one of the subsequently release, and euthanize) the following methods. You may mail Florida panther (Felis concolor coryi) for comments to the Fish and Wildlife DEPARTMENT OF THE INTERIOR the purpose of maintaining a healthy Service’s Regional Office (see panther population, to assess the habitat Fish and Wildlife Service ADDRESSES section) or send them via potential to support panthers, to electronic mail (email) to permitsR4ES@ monitor the effects of the genetic [FWS–R4–ES–2014–N028; 40120–1112– fws.gov. Please include your name and restoration project, and to evaluate the 0000–F2] return address in your email message. If accuracy of the global positioning you do not receive a confirmation from Receipt of Applications for system radio-collars and aerial telemetry the Fish and Wildlife Service that we throughout the species’ range. Endangered Species Permits have received your email message, Permit Application Number: TE AGENCY: Fish and Wildlife Service, contact us directly at the telephone Interior. number listed above (see FOR FURTHER 092945–3 ACTION: Notice. INFORMATION CONTACT). Finally, you may Applicant: James Lindsay, Florida hand-deliver comments to the Fish and Power and Light Company, Juno Beach, SUMMARY: We, the U.S. Fish and Wildlife Service office listed above (see Florida Wildlife Service, invite the public to ADDRESSES). The applicant requests renewal and comment on the following applications Before including your address, amendment of their permit to authorize to conduct certain activities with telephone number, email address, or the capture of non-breeding American endangered species. With some other personal identifying information crocodiles (Crocodylus acutus) less than
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2 meters in total length during the habitat use, and population monitoring seining, electrofishing, trapping, and/or nesting season for assessment of in Kentucky. hand-netting, and marking and fin- survival and growth rates and to clipping) pygmy madtoms (Noturus Permit Application Number: TE authorize all permitted activities stanauli) in the Clinch and Duck River 834056–5 (capture, examine, weigh, sex, collect drainages in the state of Tennessee for tissue samples, mark, radio-tag, radio Applicant: Kellie Keys, North Florida the purposes of conducting presence/ track, relocate, and release) for Wildlife LLC, Crawfordville, Florida absence surveys and developing DNA American crocodiles in the Florida The applicant requests renewal of the detection techniques. Power and Light Everglades Mitigation current permit to take (capture, band, Permit Application Number: TE Bank, in addition to the previously release, construct and monitor nest 48833A–1 permitted location of the Florida Power cavities and restrictors) red-cockaded and Light Turkey Point Power Plant woodpeckers (Picoides borealis) for the Applicant: Brian Carver, Tennessee Cooling Canals, for purposes of purposes of monitoring and managing Technical University, Cookeville, conducting monitoring surveys and populations in Arkansas, Florida, Tennessee documenting nesting activity and Georgia, South Carolina, North Carolina, The applicant requests an amendment utilization of the cooling canal system Alabama, Louisiana, Mississippi, to the current permit to take (enter in Dade County, Florida. Virginia, Oklahoma, and Texas. hibernacula or maternity roost caves, salvage dead bats, capture with mist Permit Application Number: TE Permit Application Number: TE 079972–3 nets or harp traps, handle, identify, 54578B–0 collect hair and tissue samples, band, Applicant: Eric Baka, Louisiana Applicant: Mary Frazer, Raleigh, radio-tag, pit-tag, light-tag, and wing- Department of Wildlife and Fisheries, punch) northern long eared bats (Myotis North Carolina Pineville, Louisiana The applicant requests authorization septentrionalis) throughout the range of The applicant requests renewal of his the species. to take (enter hibernacula or maternity current permit to take (capture, band, roost caves, salvage dead bats, capture release, install drilled and insert Permit Application Number: TE with mist nets or harp traps, handle, cavities, install cavity restrictors, and 100626–9 identify, collect hair and tissue samples, translocate) red-cockaded woodpeckers Applicant: Jeff Selby, AST band, radio-tag, pit-tag, light-tag, wing- (Picoides borealis) for the purposes of Environmental, Decatur, Alabama punch, and selectively euthanize for banding juveniles and adults, and The applicant requests an amendment white-nose syndrome testing) Virginia monitoring populations and nest to the current permit to take (capture, big-eared bats (Corynorhinus (=plecotus) cavities in Louisiana. identify, release) the following species: townsendii virginianus), Indiana bats Diamond tryonia (Pseudotryonia (Myotis sodalis), gray bats (Myotis Permit Application Number: TE 096554–3 adamantina), Gonzalez springsnail grisescens), and northern long-eared (Tryonia circumstriata), Pecos assiminea Applicant: James Robinson, Biological bats (Myotis septentrionalis) for the snail (Assiminea pecos), phantom Systems Consultants Inc., Lexington, purposes of conducting presence/ springsnail (Tryonia cheatumi), San absence surveys, studies to document Kentucky The applicant requests renewal of his Bernadino springsnail (Pyrgulopsis habitat use, determining presence of bernardina), three forks springsnail white nose syndrome, and population current permit to take (capture, identify, and release) blackside dace (Phoxinus (Pyrgulopsis trivialis), Neosho mucket monitoring in North Carolina, South (Lampsilis rafinesqueana), rabbitsfoot Carolina, Tennessee, and Georgia. cumberlandensis) and take (capture, sex, weigh, measure, band, and radio- (Quadrula cylindrica cylindrica), Permit Application Number: TE tag) Indiana bat (Myotis sodalis), gray scaleshell mussel (Leptodea leptodon), 002412–6 bat (Myotis grisescens), and Virginia big- and winged mapleleaf (Quadrula fragosa) for the purpose of conducting Applicant: Cecil Comalander, eared bat (Corynorhinus townsendii virginianus) for the purpose of presence/absence surveys throughout Milliken Forestry Company Inc., the species’ ranges. Columbia, South Carolina conducting presence/absence surveys in The applicant requests renewal of his Tennessee and Kentucky. Permit Application Number: TE current permit to take (capture, band, Permit Application Number: TE 94704A–1 install artificial cavities and restrictors, 55292B–0 Applicant: Dorothy C. Brown, and translocate) red-cockaded Applicant: Robert Fletcher, University Woodstock, Georgia woodpeckers (Picoides borealis) for the of Florida, Gainesville, Florida The applicant requests an amendment purposes of monitoring and managing The applicant requests authorization to her current permit to take (enter populations in South Carolina. to take (capture, band, mark, radio-tag, hibernacula or maternity roost caves, Permit Application Number: TE measure, collect feather samples, salvage dead bats, capture with mist 54891B–0 release, and monitor) everglade snail nets or harp traps, handle, identify, kites (Rostrhamus sociabilis plumbeus) collect hair samples, band, radio-tag, Applicant: Luke Dodd, Eastern for demographic and movement studies light-tag, wing punch, and selectively Kentucky University, Richmond, in the State of Florida to enhance the euthanize for white nose syndrome Kentucky survival of the species. testing) the Virginia big-eared bat The applicant requests authorization (Corynorhinus (=plecotus) townsendii to take (capture with mist nets or harp Permit Application Number: TE virginianus) in West Virginia, Virginia, traps, handle, band, radio-tag) Indiana 55286B–0 North Carolina, Kentucky, and bats (Myotis sodalis), gray bats (Myotis Applicant: Hayden Mattingly, Tennessee, and to add States throughout grisescens), and northern long-eared Tennessee Technical University, the range of the Indiana bat (Myotis bats (Myotis septentrionalis) for the Cookeville, Tennessee sodalis), gray bat (Myotis grisescens), purposes of conducting presence/ The applicant requests authorization and northern long-eared bat (Myotis absence surveys, studies to document to take (capture via seining, kick- septentrionalis) for the purposes of
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conducting presence/absence surveys documenting habitat use, white nose 1306, Room 6034, Albuquerque, NM and white-nose syndrome surveillance detection and surveillance, and 87103; or by telephone at 505–248– and research-related activities. evaluating the effectiveness of acoustic 6651. identification methods throughout the Permit Application Number: TE species’ respective ranges. SUPPLEMENTARY INFORMATION: 38906B–0 Dated: February 10, 2015. Introduction Applicant: Ian Lundgren, National Park Service, Christiansted, Virgin Leopoldo Miranda, Assistant Regional Director—Ecological Under the Endangered Species Act, as Islands amended (16 U.S.C. 1531 et seq.; Act), The applicant requests authorization Services, Southeast Region. [FR Doc. 2015–03314 Filed 2–17–15; 8:45 am] we, the U.S. Fish and Wildlife Service, to take (relocate nests; excavate hatched invite the public to comment on BILLING CODE 4310–55–P nests; collect tissue, blood, and carapace incidental take permit (ITP) applications samples; and attach satellite, acoustic, for take of the federally listed American flipper, and PIT tags) hawksbill sea DEPARTMENT OF THE INTERIOR burying beetle (Nicrophorus turtles (Eretmochelys imbricata), green americanus) resulting from activities sea turtles (Chelonia mydas), Fish and Wildlife Service associated with geophysical exploration leatherback sea turtles (Dermochelys (seismic) and construction, coriacea), and loggerhead sea turtles [FWS–R2–ES–2015–N014; maintenance, operation, repair, and (Caretta caretta) within Buck Island FXES11130200000–156–FF02ENEH00] decommissioning of oil and gas well Reef National Monument boundaries, Receipt of Incidental Take Permit field infrastructure within Oklahoma. If for inventory, monitoring, and research Applications for Participation in the Oil approved, the permits would be issued activities. and Gas Industry Conservation Plan to the applicants under the Oil and Gas Permit Application Number: TE for the American Burying Beetle in Industry Conservation Plan Associated 14102A–1 Oklahoma with Issuance of Endangered Species Act Section 10(a)(1)(B) Permits for the Applicant: Carl Dick, Western AGENCY: Fish and Wildlife Service, Kentucky University, Bowling Green, Interior. American Burying Beetle in Oklahoma (ICP). The ICP was made available for Kentucky ACTION: Notice of availability; request comment on April 16, 2014 (79 FR The applicant requests an amendment for public comments. to the current permit to take (capture 21480), and approved on May 21, 2014 with mist nets or harp traps, handle, SUMMARY: Under the Endangered (publication of the FONSI notice was on identify, and collect ectoparasites) Species Act, as amended (Act), we, the July 25, 2014; 79 FR 43504). The ICP northern long-eared bats (Myotis U.S. Fish and Wildlife Service, invite and the associated environmental septentrionalis) throughout the range of the public to comment on incidental assessment/finding of no significant the species. take permit applications for take of the impact are available on the Web site at federally listed American burying beetle http://www.fws.gov/southwest/es/ Permit Application Number: TE resulting from activities associated with oklahoma/ABBICP. However, we are no 56028B–0 the geophysical exploration (seismic) longer taking comments on these Applicant: Terry Hopkins, Eagleville, and construction, maintenance, documents. Tennessee operation, repair, and decommissioning The applicant requests authorization of oil and gas well field infrastructure Applications Available for Review and to take (enter hibernacula or maternity within Oklahoma. If approved, the Comment roost caves, capture with mist nets or permits would be issued under the harp traps, handle, and identify) Indiana We invite local, State, Tribal, and approved Oil and Gas Industry Federal agencies, and the public to bat (Myotis sodalis), gray bat (Myotis Conservation Plan Associated with grisescens), and northern long-eared bat comment on the following applications Issuance of Endangered Species Act under the ICP, for incidental take of the (Myotis septentrionalis) for purposes of Section 10(a)(1)(B) Permits for the federally listed ABB. Please refer to the conducting presence/absence surveys, American Burying Beetle in Oklahoma appropriate permit number (TE– documenting habitat use, and evaluating (ICP). potential impacts of industrial, 123456), listed below, when requesting DATES: To ensure consideration, written commercial, and military activities application documents and when comments must be received on or before throughout the species’ respective submitting comments. Documents and March 20, 2015. ranges. other information the applicants have ADDRESSES: You may obtain copies of submitted with these applications are Permit Application Number: TE all documents and submit comments on available for review, subject to the 56430B–0 the applicant’s ITP applications by one requirements of the Privacy Act (5 Applicant: Jonathan Hootman, of the following methods. Please refer to U.S.C. 552a) and Freedom of Whitesburg, Kentucky the specific permit number when Information Act (5 U.S.C. 552). The applicant requests authorization requesting documents or submitting to take (enter hibernacula, salvage dead comments. Permit TE–55184B Æ bats, capture with mist nests or harp U.S. Mail: U.S. Fish and Wildlife Applicant: TOMPC, LLC, Edmond, OK traps, handle, take measurements, Service, Division of Endangered collect hair samples and fecal material, Species—HCP Permits, P.O. Box 1306, Applicant requests a new permit for fungal lift tape, swab, wing-punch, Room 6034, Albuquerque, NM 87103. oil and gas midstream production, Æ _ _ band, light-tag, radio-tag, pit-tag, and Electronically: fw2 hcp permits@ including construction, maintenance, release) Indiana bat (Myotis sodalis) and fws.gov. operation, repair, decommissioning, and northern long-eared bat (Myotis FOR FURTHER INFORMATION CONTACT: reclamation of oil and gas gathering, septentrionalis) for purposes of Marty Tuegel, Branch Chief, by U.S. transmission, and distribution pipeline conducting presence/absence surveys, mail at Environmental Review, P.O. Box infrastructure within Oklahoma.
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Permit TE–55794B Durham, North Carolina. A supplement of the Tariff Act of 1930, as amended, and to the complaint was filed on January in section 210.10 of the Commission’s Rules Applicant: ONE GAS, Inc., Tulsa, OK 29, 2015. The complaint alleges of Practice and Procedure, 19 CFR 210.10 Applicant requests a new permit for violations of section 337 based upon the (2014). oil and gas midstream production, importation into the United States, the Scope of Investigation: Having including construction, maintenance, sale for importation, and the sale within considered the complaint, the U.S. operation, repair, decommissioning, and the United States after importation of International Trade Commission, on reclamation of oil and gas gathering, certain light-emitting diode products February 11, 2015, ordered that— transmission, and distribution pipeline and components thereof by reason of (1) Pursuant to subsection (b) of infrastructure within Oklahoma. infringement of certain claims of U.S. section 337 of the Tariff Act of 1930, as Patent No. 6,657,236 (‘‘the ’236 patent’’); Public Availability of Comments amended, an investigation be instituted U.S. Patent No. 6,885,036 (‘‘the ’036 to determine: Written comments we receive become patent’’); U.S. Patent No. 6,614,056 (‘‘the (a) whether there is a violation of part of the public record associated with ’056 patent’’); U.S. Patent No. 7,312,474 subsection (a)(1)(B) of section 337 in the this action. Before including your (‘‘the ’474 patent’’); U.S. Patent No. importation into the United States, the address, phone number, email address, 7,976,187 (‘‘the ’187 patent’’); U.S. sale for importation, or the sale within or other personal identifying Patent No. 8,766,298 (‘‘the ’298 patent’’); the United States after importation of information in your comment, you U.S. Patent No. 8,596,819 (‘‘the ’819 certain light-emitting diode products should be aware that your entire patent’’); and U.S. Patent No. 8,628,214 and components thereof by reason of comment—including your personal (‘‘the ’214 patent’’), and that an industry infringement of one or more of claims 1, identifying information—may be made in the United States exists as required 2, 4–6, 8, 11, 12, 14–16, 20, 23–26, 28, publicly available at any time. While by subsection (a)(2) of section 337. The and 32 of the ’236 patent; claims 1–7, you can request in your comment that complaint further alleges violations of 9–11, and 13 of the ’036 patent; claims we withhold your personal identifying section 337 based upon the importation 1–4, 6, and 10 of the ’056 patent; claims information from public review, we into the United States, the sale for 1–3, 6, 7, and 15–21 of the ’474 patent; cannot guarantee that we will be able to importation into the United States, and claims 1–6 and 26–30 of the ’187 patent; do so. We will not consider anonymous the sale within the United States after claims 1–5 of the ’298 patent; claims 1– comments. All submissions from importation, of certain light-emitting 4, 6–12, 19, 22–28, and 52–59 of the organizations or businesses, and from diodes and components thereof by ’819 patent; and claims 7, 8, 14, 15–19, individuals identifying themselves as reason of false advertising, the threat or 24, and 25 of the ’214 patent, and representatives or officials of effect of which is to destroy or whether an industry in the United organizations or businesses, will be substantially injure an industry in the States exists as required by subsection made available for public disclosure in United States. (a)(2) of section 337; their entirety. The complainant requests that the (b) whether there is a violation of Commission institute an investigation Authority subsection (a)(1)(A) of section 337 in the and, after the investigation, issue a importation into the United States, or We provide this notice under section limited exclusion order and cease and the sale of certain light-emitting diode 10(c) of the Act (16 U.S.C. 1531 et seq.) desist orders. products and components thereof by and its implementing regulations (50 ADDRESSES: The complaint, except for reason of false advertising, the threat or CFR 17.22) and the National any confidential information contained effect of which is to destroy or Environmental Policy Act (42 U.S.C. therein, is available for inspection substantially injure an industry in the 4321 et seq.) and its implementing during official business hours (8:45 a.m. United States; regulations (40 CFR 1506.6). to 5:15 p.m.) in the Office of the (2) For the purpose of the Dated: February 9, 2015. Secretary, U.S. International Trade investigation so instituted, the following Joy E. Nicholopoulos, Commission, 500 E Street SW., Room are hereby named as parties upon which Acting Regional Director, Southwest Region. 112, Washington, DC 20436, telephone this notice of investigation shall be [FR Doc. 2015–03292 Filed 2–17–15; 8:45 am] (202) 205–2000. Hearing impaired served: individuals are advised that information BILLING CODE 4310–55–P (a) The complainant is: Cree, Inc., on this matter can be obtained by 4600 Silicon Drive, Durham, NC 27703. contacting the Commission’s TDD (b) The respondents are the following terminal on (202) 205–1810. Persons INTERNATIONAL TRADE entities alleged to be in violation of with mobility impairments who will COMMISSION section 337, and are the parties upon need special assistance in gaining access which the complaint is to be served: [Investigation No. 337–TA–947] to the Commission should contact the Feit Electric Company, Inc., 4901 Gregg Office of the Secretary at (202) 205– Road, Pico Rivera, CA 90660. Certain Light-Emitting Diode Products 2000. General information concerning Feit Electric Company, Inc., Zone B, 2/ and Components Thereof Institution of the Commission may also be obtained F, Xinyu Building, No. 17, Huoju Investigation by accessing its internet server at East Road, Huli District, Xiamen, AGENCY: U.S. International Trade http://www.usitc.gov. The public record China. Commission. for this investigation may be viewed on Unity Opto Technology Co., Ltd., 10th the Commission’s electronic docket ACTION: Notice. Floor, No. 88–8, Sec. 1, Guangfu (EDIS) at http://edis.usitc.gov. Road, Sanchong District, New SUMMARY: Notice is hereby given that a FOR FURTHER INFORMATION CONTACT: The Taipei City 241, Taiwan. complaint was filed with the U.S. Office of Unfair Import Investigations, Unity Microelectronics, Inc., 1501 International Trade Commission on U.S. International Trade Commission, Summit Ave., Suite 10, Plano, January 12, 2015, under section 337 of telephone (202) 205–2560. Texas 75074. the Tariff Act of 1930, as amended, 19 Authority: The authority for institution of (c) The Office of Unfair Import U.S.C. 1337, on behalf of Cree, Inc. of this investigation is contained in section 337 Investigations, U.S. International Trade
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Commission, 500 E Street SW., Suite Investigation No. 1205–11 have been The modifications under 401, Washington, DC 20436; and posted on the Commission Web site. consideration concern: (1) The World (3) For the investigation so instituted, Interested Federal agencies and the Customs Organization’s (WCO) the Chief Administrative Law Judge, public are invited to submit written Recommendation of June 27, 2014 that U.S. International Trade Commission, comments on the ‘‘proposed Contracting Parties to the International shall designate the presiding recommendations’’ by April 20, 2015. Convention on the Harmonized Administrative Law Judge. DATES: April 20, 2015: Deadline for Commodity Description and Coding Responses to the complaint and the interested Federal agencies and the System (Convention) modify their tariff notice of investigation must be public to file written views on the schedules to conform with amendments submitted by the named respondents in Commission’s ‘‘proposed to the Harmonized System expected to accordance with section 210.13 of the recommendations.’’ July 31, 2015: enter into force on January 1, 2017; and Commission’s Rules of Practice and Transmittal of the Commission’s report (2) whether one of the two HTS Procedure, 19 CFR 210.13. Pursuant to to the President. subheadings that apply to taro (also 19 CFR 201.16(e) and 210.13(a), such known as dasheen) should be deleted, responses will be considered by the ADDRESSES: All Commission offices, and whether the HTS nomenclature for Commission if received not later than 20 including the Commission’s hearing corned beef should be provided for days after the date of service by the rooms, are located in the United States under a superior subheading for cured Commission of the complaint and the International Trade Commission meat of bovine animals. notice of investigation. Extensions of Building, 500 E Street SW., Washington, Section 1205(b) of the Trade Act of time for submitting responses to the DC. All written submissions should be 1988 provides that, in formulating complaint and the notice of addressed to the Secretary, United recommendations under section investigation will not be granted unless States International Trade Commission, 1205(a), the Commission shall solicit, good cause therefor is shown. 500 E Street SW., Washington, DC and give consideration to, the views of Failure of a respondent to file a timely 20436. The public record for this interested Federal agencies and the response to each allegation in the investigation may be viewed on the public. Section 1205(b) further provides complaint and in this notice may be Commission’s electronic docket (EDIS) that, for the purposes of obtaining deemed to constitute a waiver of the at http://www.usitc.gov/secretary/ public views, the Commission shall give right to appear and contest the edis.htm. notice of ‘‘proposed recommendations’’ and afford reasonable opportunity for allegations of the complaint and this FOR FURTHER INFORMATION CONTACT: interested parties to present their views notice, and to authorize the Daniel P. Shepherdson, Attorney- in writing, particularly as to whether administrative law judge and the Advisor, Office of Tariff Affairs and any of the proposed recommendations Commission, without further notice to Trade Agreements (202–205–2598, or would have an economic effect on an the respondent, to find the facts to be as [email protected]) or John alleged in the complaint and this notice industry in the United States. Kitzmiller, Nomenclature Analyst, The Commission has posted its and to enter an initial determination Office of Tariff Affairs and Trade and a final determination containing ‘‘proposed recommendations’’ relating Agreements (202–205–3387, or to the investigation on the Commission such findings, and may result in the [email protected]). The media _ issuance of an exclusion order or a cease Web site at http://www.usitc.gov/tariff should contact Margaret O’Laughlin, affairs.htm. Interested Federal agencies and desist order or both directed against Office of External Relations (202–205– the respondent. and the public are invited to submit 1819, or [email protected]). written comments on the ‘‘proposed By order of the Commission. Hearing-impaired individuals may recommendations’’ by April 20, 2015. Issued: February 12, 2015. obtain information on this matter by After considering written public Lisa R. Barton, contacting the Commission’s TDD comments, the Commission will prepare Secretary to the Commission. terminal at 202–205–1810. General and submit to the President a report in information about the Commission may [FR Doc. 2015–03267 Filed 2–17–15; 8:45 am] accordance with section 1205(c) of the be obtained by accessing the BILLING CODE 7020–02–P Trade Act of 1988. The Commission Commission Web site at www.usitc.gov. expects to submit its report on July 31, Persons with mobility impairments who 2015. INTERNATIONAL TRADE will need special assistance in gaining Written Submissions: Interested COMMISSION access to the Commission should parties are invited to file written contact the Office of the Secretary at submissions concerning the ‘‘proposed [Investigation No. 1205–11] 202–205–2000. recommendations.’’ All written Background: On August 20, 2014, the submissions should be addressed to the Proposed Recommendations Relating Commission instituted Investigation No. Secretary, and should be received not to Recommended Modifications in the 1205–11, Recommended Modifications later than 5:15 p.m., April 20, 2015. All Harmonized Tariff Schedule To in the Harmonized Tariff Schedule to written submissions must conform with Conform With Amendments to the Conform with Amendments to the the provisions of § 201.8 of the Harmonized System Recommended by Harmonized System Recommended by Commission’s Rules of Practice and the World Customs Organization, and the World Customs Organization, and to Procedure (19 CFR 201.8). Section 201.8 To Address Other Matters Address Other Matters, pursuant to and the Commission’s Handbook on AGENCY: United States International section 1205 of the Omnibus Trade and Filing Procedures require that interested Trade Commission. Competitiveness Act of 1988 (the Trade parties file documents electronically on ACTION: Notice of ‘‘proposed Act of 1988) (19 U.S.C. 3005), for or before the filing deadline and submit recommendations’’ and solicitation of purposes of recommending to the eight (8) true paper copies by 12:00 p.m. public comments. President possible modifications in the eastern time on the next business day. Harmonized Tariff Schedule of the In the event that confidential treatment SUMMARY: The Commission’s ‘‘proposed United States (HTS) (79 FR. 50943, Aug. of a document is requested, interested recommendations’’ relating to 26, 2014). parties must file, at the same time as the
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eight paper copies, at least four (4) Task Force has deemed it necessary to The meeting is open to the public additional true paper copies in which add this topic to fully inform its with limited seating. the confidential information must be deliberations prior to the March 2 Accommodations requests: To request deleted. (See the following paragraph deadline for submitting its report. accommodation of a disability, please for further information regarding FOR FURTHER INFORMATION CONTACT: contact Jessica Drake at 202–457–7771 confidential business information.) Ronald L. Davis, 202–514–4229 or prior to the meeting to give the Persons with questions regarding [email protected]. Department of Justice as much time as electronic filing should contact the possible to process your request. Correction Secretary (202–205–2000). Electronic Access and Filing Addresses Any submissions that contain In the Federal Register of February 6, confidential business information (CBI) 2015, in FR Doc. 2015–02463, on page The Task Force is interested in must also conform with the 6767, in the first and second column, receiving written comments including requirements of § 201.6 of the correct the SUMMARY, DATES, ADDRESSES, proposed recommendations from individuals, groups, advocacy Commission’s Rules of Practice and and SUPPLEMENTARY INFORMATION Procedure (19 CFR 201.6). Section 201.6 captions to read: organizations, and professional communities. Additional information of the rules requires that the cover of the SUMMARY: On December 18, 2014, document and the individual pages be on how to provide your comments will President Barack Obama signed an be posted to www.cops.usdoj.gov/ clearly marked as to whether they are Executive Order titled ‘‘Establishment of the ‘‘confidential’’ or ‘‘non-confidential’’ PolicingTaskForce. Comments must be the President’s Task Force on 21st received by 10:00 a.m. on February 24, version, and that the confidential Century Policing’’ establishing the business information be clearly 2015. President’s Task Force on 21st Century Availability of Meeting Materials: The identified by means of brackets. All Policing (‘‘Task Force’’). The Task Force written submissions, except for agenda and other materials in support of seeks to identify best practices and the meeting and the teleconference will confidential business information, will make recommendations to the President be made available for inspection by be available on the Task Force Web site on how policing practices can promote at www.cops.usdoj.gov/ interested parties. effective crime reduction while building The Commission may include some or PolicingTaskForce in advance of the public trust and examine, among other meeting and the teleconference. all of the confidential business issues, how to foster strong, information submitted in the course of collaborative relationships between Dated: February 11, 2015. this investigation in the report it sends local law enforcement and the Deborah Spence, to the President and the U.S. Trade communities they protect. The Task Alternate Designated Federal Official. Representative. The Commission will Force will be holding a public meeting [FR Doc. 2015–03386 Filed 2–17–15; 8:45 am] not otherwise publish any confidential to address the topic of The Future of BILLING CODE 4410–AT–P business information in a manner that Community Policing and a public would reveal the operations of the firm teleconference to discuss best practices supplying the information. and recommendations. DEPARTMENT OF JUSTICE By order of the Commission. The agenda is as follows: Notice of Lodging of Proposed Partial Issued: February 11, 2015. 8:30 a.m.—Call to order of the public Consent Decree Under the Clean Water Lisa Barton, meeting; Act Secretary to the Commission. 8:35 a.m.—Invited witness testimony on [FR Doc. 2015–03236 Filed 2–17–15; 8:45 am] The Future of Community Policing; On February 10, 2015, the Department 10:00 a.m.—Conclusion of the public of Justice lodged a proposed Partial BILLING CODE 7020–02–P meeting; Consent Decree with the United States 1:00 p.m.—Call to order of the public District Court for the Middle District of teleconference; Pennsylvania in the lawsuit entitled DEPARTMENT OF JUSTICE Discussion of best practices and United States and Commonwealth of recommendations; Community Oriented Policing Services 7:00 p.m.—Conclusion of the public Pennsylvania Department of Public Meetings With Members of the teleconference. Environmental Protection v. Capital Research Community, Subject-Matter DATES: The public meeting will be held Region Water and the City of Harrisburg, Experts and the Public To Discuss Tuesday, February 24, 2015 from 8:30 PA, Civil Action No. 1:15–cv–00291– Topics Relating to Policing; Correction a.m. to 10:00 a.m. Eastern Standard WWC. The United States and Time. The public teleconference will be AGENCY: Commonwealth of Pennsylvania Community Oriented Policing held Tuesday, February 24, 2015 from Department of Environmental Protection Services, Justice. 1:00 p.m. to 7:00 p.m. Eastern Standard filed this lawsuit under the Clean Water ACTION: Notice; correction. Time. Act and Pennsylvania Clean Streams For disability access please call 1– SUMMARY: Law against Capital Region Water and The U.S. Department of 800–888–8888 (TTY users call via the City of Harrisburg, PA, alleging Justice published a document in the Relay). Federal Register of February 6, 2015, violations of Section 301 of the Clean concerning a public teleconference ADDRESSES: The public meeting location Water Act, 33 U.S.C. 1311, and Sections notice to discuss topics relating to is the Ronald Reagan Building, 1300 3, 201, 202 and 401 of the Pennsylvania policing. This document contains an Pennsylvania Avenue NW., Horizon Clean Streams Law, 35 Pa. Stat. Ann. updated agenda for the day, which Ballrooms A & B. The public sections 691.3, 691.201, 691.202 and includes additional witness testimony teleconference will only be available via 691.401, for unpermitted discharges of on The Future of Community Policing. phone. To access the conference line, sewage from the sewer system in The notice for this revision is given less please call 1–866–906–7447 and, when Harrisburg, including dry weather than 15 calendar days prior to the prompted, enter access code 8072024#. combined sewer overflows, failure to additional listening session because the SUPPLEMENTARY INFORMATION: develop a Long Term Control Plan
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(‘‘LTCP’’) meeting the requirements of Decrees.html. We will provide a paper All workers of SGK Ventures, formerly EPA’s 1994 Combined Sewer Overflow copy of the proposed Partial Consent known as Keywell LLC, Frewsburg, New Control Policy, and failure to comply Decree upon written request and York (TA–W–83,085) and all workers of with other requirements of the sewer Keywell Metals LLC, formerly known as payment of reproduction costs. Please Keywell LLC, Falconer, New York (TA–W– and storm water National Pollution mail your request and payment to: 83,085A), who became totally or partially Discharge Elimination System Consent Decree Library, U.S. DOJ– separated on or after September 10, 2012 (‘‘NPDES’’) permits. ENRD, P.O. Box 7611, Washington, DC through November 6, 2015, and all workers Under the partial settlement, Capital 20044–7611. in the group threatened with total or partial Region Water will implement various Please enclose a check or money order separation from employment on date of injunctive measures, including: for $22.75 (25 cents per page certification through November 6, 2015, are Developing and implementing a Nine reproduction cost) payable to the United eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act Minimum Controls Plan to bring its States Treasury. combined sewer system into good of 1974, as amended. operation and maintenance and control Maureen Katz, Signed at Washington, DC, this 2nd day of combined sewer overflows; submitting Assistant Section Chief, Environmental February, 2015. an application for an individual NPDES Enforcement Section, Environment and Michael W. Jaffe, MS4 permit for its storm water system Natural Resources Division. Certifying Officer, Office of Trade Adjustment with a plan for implementing the storm [FR Doc. 2015–03298 Filed 2–17–15; 8:45 am] Assistance. water Minimum Control Measures; BILLING CODE 4410–15–P [FR Doc. 2015–03277 Filed 2–17–15; 8:45 am] conducting capacity assessment in the BILLING CODE 4510–XX–P separate sewer system; completing biological nutrient removal upgrades to DEPARTMENT OF LABOR the Advanced Wastewater Treatment DEPARTMENT OF LABOR Facility by February 2016; completing Employment and Training several early action projects in the sewer Administration Employee Benefits Security Administration system; and developing an LTCP by [TA–W–83,085; TA–W–83,085A] April 2018. The Partial Consent Decree 175th Meeting of the Advisory Council resolves all claims against the City of Sgk Ventures, Formerly Known As on Employee Welfare and Pension Harrisburg. The Partial Consent Decree Keywell Llc, Frewsburg, New York; Benefit Plans; Notice of Meeting does not resolve the United States’ and Keywell Metals Llc, Formerly Known Commonwealth of Pennsylvania As Keywell Llc, Falconer, New York; Pursuant to the authority contained in Department of Environmental Amended Certification Regarding Section 512 of the Employee Retirement Protection’s claims regarding CRW’s Eligibility To Apply for Worker Income Security Act of 1974 (ERISA), 29 failure to implement an LTCP, and Adjustment Assistance U.S.C. 1142, the 175th open meeting of claims for civil penalties against CRW, the Advisory Council on Employee which are reserved for future settlement In accordance with Section 223 of the Welfare and Pension Benefit Plans (also among the parties. Trade Act of 1974, as amended (‘‘Act’’), known as the ERISA Advisory Council) The publication of this notice opens 19 U.S.C. 2273, the Department of Labor will be held on March 20, 2015. a period for public comment on the issued a Certification of Eligibility to The meeting will take place in Room proposed Partial Consent Decree. Apply for Worker Adjustment S–2508, U.S. Department of Labor, 200 Comments should be addressed to the Assistance on November 6, 2013, Constitution Avenue NW., Washington, Assistant Attorney General, applicable to workers of Keywell LLC, DC 20210. The purpose of the open Environment and Natural Resources Frewsburg, New York, and Keywell, meeting, which will run from 1:30 p.m. Division, and should refer to United Falconer, New York. The Department’s to approximately 4:30 p.m. Eastern States and Commonwealth of notice of determination was published Standard Time, is to welcome the new Pennsylvania Department of in the Federal Register on December 10, members, introduce the Council Chair Environmental Protection v. Capital 2013 (78 FR 74163). and Vice Chair, receive an update from Region Water and City of Harrisburg, At the request of the New York State the Assistant Secretary of Labor for the PA, D.J. Ref. No. 90–5–1–1–10157. All Department of Labor, the Department Employee Benefits Security comments must be submitted no later reviewed the certification for workers of Administration, and determine the than thirty (30) days after the the subject firm. The workers were topics to be addressed by the Council in publication date of this notice. engaged in the production of scrap 2015. Comments may be submitted either by stainless steel, titanium and high Organizations or members of the email or by mail: temperature alloys. public wishing to submit a written New information shows that part of statement may do so by submitting 30 Keywell LLC was purchased in copies on or before March 13, 2015 to To submit Send them to: comments: bankruptcy and each portion renamed: Larry Good, Executive Secretary, ERISA The Frewsburg facility to SGK Ventures Advisory Council, U.S. Department of By email ...... pubcomment-ees.enrd@ and the Falconer facility to Keywell Labor, Suite N–5623, 200 Constitution usdoj.gov. By mail ...... Assistant Attorney General, Metals LLC on January 1, 2014. The Avenue NW., Washington, DC 20210. U.S. DOJ–ENRD, P.O. Box intent of the Department’s certification Statements also may be submitted as 7611, Washington, DC is to include all workers of the subject email attachments in text or pdf format 20044–7611. firm who were adversely affected by transmitted to [email protected]. It is imports of articles directly competitive requested that statements not be During the public comment period, to scrap stainless steel, titanium and included in the body of the email. the proposed Partial Consent Decree high temperature alloys. Relevant statements received on or may be examined and downloaded at The amended notice applicable to before March 13, 2015 will be included this Justice Department Web site: TA–W–83,085 and TA–W–83,085A is in the record of the meeting. No http://www.usdoj.gov/enrd/Consent_ hereby issued as follows: deletions, modifications, or redactions
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will be made to the statements received, Administration, U.S. Department of hearing regarding the Second Proposed as they are public records. Labor, Room N–1515, 200 Constitution Exemption, at 79 FR 68711. Individuals or representatives of Avenue NW., Washington, DC 20210. A public hearing regarding the organizations wishing to address the Comments (and prior hearing requests) Second Proposed Exemption was Advisory Council should forward their will also be made available online subsequently held in Washington, DC, requests to the Executive Secretary or through http://www.regulations.gov and on January 15, 2015. At the hearing, the telephone (202) 693–8668. Oral www.dol.gov/ebsa at no charge. presentations will be limited to ten Department informed commenters that FOR FURTHER INFORMATION CONTACT: Erin the record for the Second Proposed minutes, time permitting, but an S. Hesse, Office of Exemption extended statement may be submitted Exemption would be kept open until Determinations, Employee Benefits January 26, 2015. for the record. Individuals with Security Administration, U.S. disabilities who need special Department of Labor, telephone (202) The Department now believes that accommodations, or others who need 693–8546 (this is not a toll-free commenters may need additional time special accommodations, should contact number). to review the hearing transcript prior to the Executive Secretary by March 13. supplementing the record for the SUPPLEMENTARY INFORMATION: Signed at Washington, DC, this 6th day of On Second Proposed Exemption. The February, 2015. September 3, 2014, the Department transcript is now available online Assistant Secretary, Employee Benefits published in the Federal Register, at 79 through http://www.regulations.gov and Security Administration. FR 52365, a notice of pendency of a www.dol.gov/ebsa. The transcript is also [FR Doc. 2015–03282 Filed 2–17–15; 8:45 am] proposed individual exemption (the available through the Public Disclosure First Proposed Exemption) for certain BILLING CODE 4510–29–P Room of the Employee Benefits Security affiliates of Credit Suisse AG and for Administration, U.S. Department of certain other entities in which Credit Labor, Room N–1515, 200 Constitution DEPARTMENT OF LABOR Suisse AG owns a 5% or more interest Avenue NW., Washington, DC 20210. to continue to rely on the relief Employee Benefits Security provided by Prohibited Transaction Supplemental information submitted Administration Class Exemption (PTE) 84–14,1 in connection with the Second Proposed Exemption must be received by the [Application No. D–11837] notwithstanding a judgment of conviction against Credit Suisse AG for Department on or before March 2, 2015. Notice of Extension of Comment one count of conspiracy to violate Warning: All comments received will Period on Proposed Individual section 7206(2) of the Internal Revenue be included in the public record Exemption involving Credit Suisse AG Code in violation of Title 18, United without change and will be made (hereinafter, Credit Suisse AG) States Code, Section 371, to be entered available online at http:// in the District Court for the Eastern www.regulations.gov and www.dol.gov/ AGENCY: Employee Benefits Security District of Virginia in Case Number ebsa. The Department will endeavor to Administration, U.S. Department of 1:14–cr–188–RBS. In that notice, the redact certain protected personal Labor. Department invited interested persons information, but it is possible that some ACTION: Notice of extension of comment to submit written comments and such information may be disclosed. period. requests for a public hearing. Therefore, if you submit a comment, the Following publication of the First SUMMARY: Notice is hereby given that Department recommends that you the Department of Labor (the Proposed Exemption, and in connection include your name and other contact Department) is extending the date by therewith, the Department received information in the body of your which comments may be submitted in several requests for a public hearing. To comment, but DO NOT submit connection with a proposed individual ensure that both: (1) Plans with assets information that you consider to be exemption published on November 18, managed by qualified professional asset confidential, or otherwise protected 2014, at 79 FR 68712, involving managers that are affiliated with or (such as Social Security number or an ‘‘qualified professional asset managers’’ related to Credit Suisse did not incur unlisted phone number) or confidential that are affiliated with, or related to, sudden losses to the extent such business information that you do not Credit Suisse AG. Comments on the managers could no longer rely on the want publicly disclosed. Furthermore, if proposed exemption may now be relief set forth in PTE 84–14 as of the the Department cannot read your submitted to the Department on or scheduled date of the conviction comment due to technical difficulties before March 2, 2015. (November 21, 2014); and (2) comments and cannot contact you for clarification, on the proposed exemption were ADDRESSES: All written supplemental EBSA might not be able to consider your properly heard and addressed; the information should be directed to the comment. Additionally, the http:// Department issued, on November 18, Office of Exemption Determinations, www.regulations.gov Web site is an 2014: (A) A final temporary conditional Employee Benefits Security ‘‘anonymous access’’ system, which exemption regarding the First Proposed Administration, Room N–5700, U.S. means the Department will not know Exemption at 79 FR 68716; (B) a new Department of Labor, 200 Constitution your identity or contact information proposed conditional exemption (the Avenue NW., Washington, DC 20210, unless you complete the applicable Second Proposed Exemption) at 79 FR Attention: Application No. D–11837. fields or provide it in the body of your 68712, that, if granted, would allow Any such submission must be received comment. If you send an email directly Credit Suisse AG affiliated and related on or before March 2, 2015. The to the Department without going QPAMs to rely on PTE 84–14 on a application regarding the proposed through http://www.regulations.gov, permanent basis; and (C) a notice of exemption and the comments received your email address will be (and prior hearing requests) will be automatically captured and included as 1 49 FR 9494 (March 13, 1984), as corrected at 50 part of the comment that is placed in the available for public inspection in the FR 41430 (October 10, 1985), as amended at 70 FR Public Disclosure Room of the 49305 (August 23, 2005), and as amended at 75 FR public record and made available on the Employee Benefits Security 38837 (July 6, 2010). Internet.
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Signed at Washington, DC, this 9th day of p.m. ET on Wednesday, February 25, will be administered in partnership February, 2015. 2015. with the Department of Education. Lyssa Hall, To plan this competition, the ADDRESSES: Director of Exemption Determinations, The listening session will Departments of Labor and Education Employee Benefits Security Administration, be conducted virtually via live webcast. will engage stakeholders in a national U.S. Department of Labor. ETA will post the agenda and logistical dialogue to learn and understand [FR Doc. 2015–03014 Filed 2–17–15; 8:45 am] information on how to participate via concerns and ideas related to the Internet on the Online Skills Academy BILLING CODE 4510–29–P following topics: Web site at http://www.doleta.gov/ • skillsacademy in advance of the Technology-enabled and online DEPARTMENT OF LABOR listening session. The session is open to learning, including use of open the public and the entire proceedings platforms Employment and Training will be webcast, recorded, and made • Accelerated career pathways Administration publicly available. Interested parties leading to industry-recognized may participate via webcast only. credentials in in-demand fields Public Listening Session Capacity is not limited but registration • Contextualized learning AGENCY: Employment and Training is required. For information on how to • Online and technology enabled Administration (ETA), Labor. register, go to http://www.doleta.gov/ assessment tools, including ACTION: Notice of public listening skillsacademy. Registration will be open competency-based and open access session. until the listening session begins. In assessments addition to attending joining the virtual • Use of local labor market SUMMARY: In preparation for launching session via webinar, ETA would like to information and employer engagement the Online Skills Academy described in solicit comments electronically to in identification of in-demand skills and the Administration’s ‘‘Ready to Work: [email protected]. Comments must credentials Job-Driving Training and American be received by 5:00 p.m. ET on Opportunity’’ report, the Department of Wednesday, February 25, 2015. II. Instructions for Attending the Labor (Department), Employment and Listening Session SUPPLEMENTARY INFORMATION: Training Administration is hosting a Space for attendance at this virtual virtual listening session to solicit I. Background listening session is not limited; information and public input however, you must register to attend. In July 2014, Vice President Joe Biden concerning the development of an Information on how to register and released a report on federal job-driven Online Skills Academy. This listening participate will be posted on the Online training programs, http:// session will be hosted in partnership Skills Academy Web site at http:// www.whitehouse.gov/sites/default/files/ with the Department of Education. www.doleta.gov/skillsacademy in skills_report_072014_2.pdf. Among The listening session will provide an advance of the listening session. opportunity for stakeholders to provide other things, programs and initiatives their comments and suggestions and identified in this report highlight the III. Draft Agenda for the February 20, engage in a national dialogue regarding importance of strategies that are 2015 Listening Session responsive to employer needs in order the implementation of this priority Welcome and Introductions—2:00 p.m. to effectively place ready-to-work funding. ET to 2:20 p.m. ET Americans in jobs that are available now Instructions regarding registering for Overview of Online Skills Academy or train them in the skills needed for and attending the listening session are Vision and Required Components— SUPPLEMENTARY INFORMATION better jobs. The report also highlighted in the 2:20 p.m. ET to 2:30 p.m. ET section of this notice. future initiatives that expand the tools for job seekers to find pathways to better Open Comment Period—2:30 p.m. ET to DATES: 4:00 p.m. ET Listening Session: The virtual jobs. One of these initiatives is the • Topic #1—Online Education and listening session will be on, Friday, Department of Labor’s Online Skills Academy, a competition to award up to Learning February 20, 2015, and will begin at • 2:00 p.m. and is scheduled to end by $25 million for partnerships that will Topic #2—Open Educational 4:00 p.m. offer open, online courses of study, Resources and Open Platforms • Registration: You must register to helping students earn credentials online Topic #3—Training Unemployed attend this virtual listening session. through participating accredited Workers and Non-traditional ETA will post specific information on institutions, and expanding access to Learners how to register and participate via the curriculum designed to speed the time • Topic #4—Developing Career Internet on the Online Skills Academy to credit and completion. Building off Pathways in High-Demand Sectors Web site at www.doleta.gov/ the burgeoning marketplace of free and • Topic #5—Developing Assessments skillsacademy in advance of the openly-licensed learning resources, The agenda will be strictly followed; listening session. including the content developed participants may attend all or part of the Comments: A transcript of all public through the Trade Adjustment listening session as relevant. The comments will be available. This Assistance Community College and updated agenda will be posted on the transcript and any written comments Career Training (TAACCCT) grant Online Skills Academy Web site at submitted following the public listening program, this online skills academy will http://www.doleta.gov/skillsacademy in session will be posted on the Online ensure that workers can get the advance of the listening session. Skills Academy Web site at education and training they need to www.doleta.gov/skillsacademy by advance their careers by developing Portia Wu, Friday, February 27, 2015. Written skills in-demand by employers through Assistant Secretary for Employment and comments must be submitted courses that are free to access and Training, Labor. electronically to [email protected]. provide a low cost means for earning [FR Doc. 2015–03208 Filed 2–17–15; 8:45 am] Comments must be received by 5:00 credentials and degrees. This initiative BILLING CODE 4510–FN–P
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DEPARTMENT OF LABOR of Labor’s prior decision. The directly competitive with articles which application is, therefore, granted. are produced by such firm or Employment and Training Signed at Washington, DC, this 15th day of subdivision; and Administration January, 2015. C. one of the following must be [TA–W–85,497] Michael W. Jaffe, satisfied: Certifying Officer, Office of Trade Adjustment 1. The country to which the workers’ Invista S.A.R.L.; Apparel Division; A Assistance. firm has shifted production of the Wholly-Owned Subsidiary of Koch [FR Doc. 2015–03269 Filed 2–17–15; 8:45 am] articles is a party to a free trade Industries, Inc.; Waynesboro, Virginia; BILLING CODE 4510–FN–P agreement with the United States; Notice of Affirmative Determination 2. the country to which the workers’ Regarding Application for firm has shifted production of the Reconsideration DEPARTMENT OF LABOR articles to a beneficiary country under By application dated December 14, the Andean Trade Preference Act, Employment and Training African Growth and Opportunity Act, or 2014, United Workers, Inc., Administration International Brotherhood of Dupont the Caribbean Basin Economic Recovery Act; or Workers, Local 381, requested Notice of Determinations Regarding 3. there has been or is likely to be an administrative reconsideration of the Eligibility To Apply for Worker increase in imports of articles that are negative determination regarding Adjustment Assistance and Alternative like or directly competitive with articles workers’ eligibility to apply for worker Trade Adjustment Assistance adjustment assistance applicable to which are or were produced by such workers and former workers of INVISTA In accordance with Section 223 of the firm or subdivision. S.a.r.l., a wholly-owned subsidiary of Trade Act of 1974, as amended (19 Also, in order for an affirmative Koch Industries, Inc., Waynesboro, U.S.C. 2273) the Department of Labor determination to be made for Virginia. The determination was issued herein presents summaries of secondarily affected workers of a firm on November 14, 2014 and the Notice of determinations regarding eligibility to and a certification issued regarding Determination was published in the apply for trade adjustment assistance for eligibility to apply for worker Federal Register on December 10, 2014 workers (TA–W) number and alternative adjustment assistance, each of the group (79 FR 73339). trade adjustment assistance (ATAA) by eligibility requirements of Section Pursuant to 29 CFR 90.18(c) (TA–W) number issued during the 222(b) of the Act must be met. reconsideration may be granted under period of January 5, 2015 through (1) Significant number or proportion the following circumstances: January 16, 2015. of the workers in the workers’ firm or (1) If it appears on the basis of facts In order for an affirmative an appropriate subdivision of the firm not previously considered that the determination to be made for workers of have become totally or partially determination complained of was a primary firm and a certification issued separated, or are threatened to become erroneous; regarding eligibility to apply for worker totally or partially separated; (2) If it appears that the determination adjustment assistance, each of the group (2) the workers’ firm (or subdivision) complained of was based on a mistake eligibility requirements of Section is a supplier or downstream producer to in the determination of facts not 222(a) of the Act must be met. a firm (or subdivision) that employed a previously considered; or I. Section (a)(2)(A) all of the following group of workers who received a (3) If in the opinion of the Certifying must be satisfied: certification of eligibility to apply for Officer, a misinterpretation of facts or of A. A significant number or proportion trade adjustment assistance benefits and the law justified reconsideration of the of the workers in such workers’ firm, or such supply or production is related to decision. an appropriate subdivision of the firm, the article that was the basis for such The initial investigation resulted in a have become totally or partially certification; and negative determination based on the separated, or are threatened to become (3) either— findings that worker separations were totally or partially separated; (A) the workers’ firm is a supplier and unrelated to a shift in production to a B. the sales or production, or both, of the component parts it supplied for the foreign country or to imports by the such firm or subdivision have decreased firm (or subdivision) described in subject firm or its customers. absolutely; and paragraph (2) accounted for at least 20 The request for reconsideration C. increased imports of articles like or percent of the production or sales of the asserts that the workers at the subject directly competitive with articles workers’ firm; or firm have been impacted by a produced by such firm or subdivision continuous transfer of production to have contributed importantly to such (B) a loss or business by the workers’ foreign countries. workers’ separation or threat of firm with the firm (or subdivision) The Department of Labor has carefully separation and to the decline in sales or described in paragraph (2) contributed reviewed the request for reconsideration production of such firm or subdivision; importantly to the workers’ separation and the existing record, and has or or threat of separation. determined that the Department will II. Section (a)(2)(B) both of the In order for the Division of Trade conduct further investigation to following must be satisfied: Adjustment Assistance to issue a determine if the workers meet the A. A significant number or proportion certification of eligibility to apply for eligibility requirements of the Trade Act of the workers in such workers’ firm, or Alternative Trade Adjustment of 1974. an appropriate subdivision of the firm, Assistance (ATAA) for older workers, have become totally or partially the group eligibility requirements of Conclusion separated, or are threatened to become Section 246(a)(3)(A)(ii) of the Trade Act After careful review of the totally or partially separated; must be met. application, I conclude that the claim is B. there has been a shift in production 1. Whether a significant number of of sufficient weight to justify by such workers’ firm or subdivision to workers in the workers’ firm are 50 reconsideration of the U.S. Department a foreign country of articles like or years of age or older.
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2. Whether the workers in the workers cannot be certified eligible for The following determinations workers’ firm possess skills that are not ATAA. terminating investigations were issued easily transferable. The investigation revealed that because the petitioning groups of 3. The competitive conditions within criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) workers are covered by active the workers’ industry (i.e., conditions (employment decline) have not been certifications. Consequently, further within the industry are adverse). met. investigation in these cases would serve no purpose since the petitioning group Affirmative Determinations for Worker 85,706, Quality Auto Electric, Inc., of workers cannot be covered by more Adjustment Assistance Knoxville, Tennessee. The investigation revealed that than one certification at a time. The following certifications have been criteria (a)(2)(A)(I.B.) (Sales or 85,727, Tokyo Electron America, Inc., issued. The date following the company production, or both, did not decline) Rio Rancho, New Mexico. name and location of each and (a)(2)(B)(II.B.) (shift in production 85,746, Pilkington North America, Inc., determination references the impact to a foreign country) have not been met. Lathrop, California. date for all workers of such 85,615, Trane U.S. Inc., Tyler, Texas. I hereby certify that the aforementioned determination. determinations were issued during the period None. The investigation revealed that of January 5, 2015 through January 16, 2015. criteria (a)(2)(A)(I.C.) (increased These determinations are available on the Affirmative Determinations for Worker imports) and (a)(2)(B)(II.B.) (shift in Department’s Web site www.tradeact/taa/ Adjustment Assistance and Alternative production to a foreign country) have taa_search_form.cfm under the searchable Trade Adjustment Assistance not been met. listing of determinations or by calling the Office of Trade Adjustment Assistance toll The following certifications have been 85,661, AMFIRE Mining Company, LLC, free at 888–365–6822. issued. The date following the company Portage, Pennsylvania. name and location of each 85,661A, Maxxim Shared Services LLC, Signed at Washington, DC, this 23rd day of determination references the impact Latrobe, Pennsylvania. January 2015. date for all workers of such 85,661B, AMFIRE Mining Company, Michael W. Jaffe, determination. LLC, Clymer, Pennsylvania. Certifying Officer, Office of Trade Adjustment The following certifications have been 85,661C, AMFIRE Mining Company, Assistance. issued. The requirements of Section LLC, Frenchville, Pennsylvania. [FR Doc. 2015–03271 Filed 2–17–15; 8:45 am] 222(a)(2)(A) (increased imports) and 85,661D, AMFIRE Mining Company, BILLING CODE 4510–FN–P Section 246(a)(3)(A)(ii) of the Trade Act LLC, Rockwood, Pennsylvania. have been met. 85,661E, AMFIRE Mining Company, DEPARTMENT OF LABOR 85,666, Philips Electronics, Fall River, LLC, Indiana, Pennsylvania. Massachusetts. November 21, 2013. 85,661F, AMFIRE Mining Company, LLC, Hamilton, Pennsylvania. Employment and Training 85,682, Behr process Corporation, Administration Chesterfield, Missouri. December 1, 85,661G, AMFIRE Mining Company, LLC, Mineral Point, Pennsylvania. 2013. Investigations Regarding Eligibility To 85,661H, AMFIRE Mining Company, 85,686, SCHOTT North America, Inc., Apply for Worker Adjustment LLC, Penn Run, Pennsylvania. Duryea, Pennsylvania. December 3, Assistance 2013. 85,661I, AMFIRE Mining Company, 85,704, Performance Fibers, Inc., New LLC, Indiana, Pennsylvania. Petitions have been filed with the Hill, North Carolina, December 8, 85,661J, AMFIRE Mining Company, Secretary of Labor under Section 221(a) 2013. LLC, Homer City, Pennsylvania. of the Trade Act of 1974 (‘‘the Act’’) and 85,712, Turbomeca Manufacturing, LLC, 85,661K, AMFIRE Mining Company, are identified in the Appendix to this Monroe, North Carolina. December LLC, Mineral Point, Pennsylvania. notice. Upon receipt of these petitions, 10, 2013. 85,661L, AMFIRE Mining Company, the Director of the Office of Trade 85,729, General Cable Corporation, LLC, Philipsburg, Pennsylvania. Adjustment Assistance, Employment Altoona, Pennsylvania. December 85,661M, AMFIRE Mining Company, and Training Administration, has 16, 2013. LLC, Clearfield, Pennsylvania. instituted investigations pursuant to 85,730, Johnston Textiles, Inc., Phoenix 85,693, Green Creek Wood Products Section 221(a) of the Act. City, Alabama. December 16, 2013. LLC, Port Angeles, Washington. The purpose of each of the The workers’ firm does not produce investigations is to determine whether Negative Determinations for Alternative an article as required for certification the workers are eligible to apply for Trade Adjustment Assistance under Section 222 of the Trade Act of adjustment assistance under Title II, In the following cases, it has been 1974. Chapter 2, of the Act. The investigations determined that the requirements of 85,632, Intuit, Inc., Mountain View, will further relate, as appropriate, to the 246(a)(3)(A)(ii) have not been met for California. determination of the date on which total the reasons specified. 85,674, Levi Strauss & Co. Eugene, or partial separations began or None. Oregon. threatened to begin and the subdivision 85,676, Syncreon US, Trotwood, Ohio. of the firm involved. Negative Determinations for Worker The petitioners or any other persons Adjustment Assistance and Alternative Determinations Terminating showing a substantial interest in the Trade Adjustment Assistance Investigations of Petitions for Worker subject matter of the investigations may In the following cases, the Adjustment Assistance request a public hearing, provided such investigation revealed that the eligibility After notice of the petitions was request is filed in writing with the criteria for worker adjustment assistance published in the Federal Register and Director, Office of Trade Adjustment have not been met for the reasons on the Department’s Web site, as Assistance, at the address shown below, specified. required by Section 221 of the Act (19 not later than March 2, 2015. Because the workers of the firm are U.S.C. 2271), the Department initiated Interested persons are invited to not eligible to apply for TAA, the investigations of these petitions. submit written comments regarding the
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subject matter of the investigations to the Director, Office of Trade Adjustment Signed at Washington, DC, this 5th day of the Director, Office of Trade Adjustment Assistance, Employment and Training February 2015. Assistance, at the address shown below, Administration, U.S. Department of Michael W. Jaffe, not later than March 2, 2015. Labor, Room N–5428, 200 Constitution Certifying Officer, Office of Trade Adjustment Assistance. The petitions filed in this case are Avenue NW., Washington, DC 20210. available for inspection at the Office of Appendix
34 TAA PETITIONS INSTITUTED BETWEEN 1/20/15 AND 1/30/15
Date of Date of TA–W Subject firm (petitioners) Location institution petition
85767 ...... Gerresheimer Glass (Workers) ...... Millville, NJ ...... 01/20/15 01/18/15 85768 ...... Mallinckrodt Pharmaceuticals (Union) ...... St. Louis, MO ...... 01/20/15 01/18/15 85769 ...... Rural Metro Ambulance (Union) ...... Salem, OR ...... 01/20/15 01/16/15 85770 ...... PACAL Industries LLC (Union) ...... La Crosse, WI ...... 01/20/15 01/16/15 85771 ...... Eastman Kodak Company (Workers) ...... Rochester, NY ...... 01/20/15 01/19/15 85772 ...... Bank of America (State/One-Stop) ...... Dallas, TX ...... 01/21/15 01/20/15 85773 ...... Johnson Controls—GWS (Workers) ...... Holland, MI ...... 01/21/15 01/20/15 85774 ...... Logistics Resources, Inc. (State/One-Stop) ...... Wichita, KS ...... 01/21/15 01/20/15 85775 ...... Laredo Petroleum, Inc. (State/One-Stop) ...... Farmers Branch, TX ...... 01/21/15 01/20/15 85776 ...... Raven Industries (State/One-Stop) ...... Earth City, MS ...... 01/21/15 01/20/15 85777 ...... Scottsdale Lincoln Health Network (Workers) ...... Scottsdale, AZ ...... 01/21/15 01/19/15 85778 ...... Yokohama Tire Manufacturing Virginia (Company) ...... Salem, VA ...... 01/22/15 01/21/15 85779 ...... Brayton International (Company) ...... High Point, NC ...... 01/22/15 01/21/15 85780 ...... LSI (Avago Technologies) (State/One-Stop) ...... Allentown, PA ...... 01/22/15 01/21/15 85781 ...... Asahi/America Inc. (State/One-Stop) ...... Lawrence, MA ...... 01/23/15 01/22/15 85782 ...... Flight Line Products LLC (State/One-Stop) ...... Valencia, CA ...... 01/23/15 01/22/15 85783 ...... Heraeus Electro-Nite (Company) ...... Ellwood City, PA ...... 01/23/15 01/22/15 85784 ...... Power Products, LLC (Company) ...... Menomonee Falls, WI ...... 01/23/15 01/22/15 85785 ...... Trim Masters Inc (Company) ...... Nicholasville, KY ...... 01/23/15 01/22/15 85786 ...... Boomerang Tube LLC (State/One-Stop) ...... Liberty, TX ...... 01/23/15 01/22/15 85787 ...... Pacer Technology (State/One-Stop) ...... Rancho Cucamonga, CA ...... 01/23/15 01/22/15 85788 ...... Valspar Engineered Polymer Solutions (incl. 701 Shiloh Rd., Garland, TX ...... 01/23/15 01/22/15 Garland, TX) (State/One-Stop). 85789 ...... Mastercraft Furniture, Inc (State/One-Stop) ...... Stayton, OR ...... 01/26/15 01/23/15 85790 ...... Corsa Coal (formerly PBS/Rox Coal) (Workers) ...... Friedens, PA ...... 01/27/15 01/26/15 85791 ...... Ivesco/Division of MWI (Workers) ...... Warsaw, NC ...... 01/27/15 01/07/15 85792 ...... Southern California Edison (Company) ...... Rosemead/Irwindale, CA ...... 01/27/15 01/15/15 85793 ...... Dreamworks (State/One-Stop) ...... Redwood City, CA ...... 01/28/15 01/27/15 85794 ...... L. Weyant Trucking (State/One-Stop) ...... Central City, PA ...... 01/28/15 01/27/15 85795 ...... Tenaris Hickman (State/One-Stop) ...... Blytheville, AR ...... 01/28/15 01/27/15 85796 ...... U.S. Steel Tubular Products, Inc. (State/One-Stop) ...... Lone Star, TX ...... 01/28/15 01/27/15 85797 ...... Revett Mining Co—Troy Mine (Company) ...... Troy, MT ...... 01/28/15 01/27/15 85798 ...... Windsor Foods (Workers) ...... Bloomsburg, PA ...... 01/28/15 01/27/15 85799 ...... Comprehensive Logistics (State/One-Stop) ...... Lansing, MI ...... 01/29/15 01/28/15 85800 ...... COM DEV USA, LLC (Company) ...... El Segundo, CA ...... 01/29/15 01/28/15
[FR Doc. 2015–03305 Filed 2–17–15; 8:45 am] notice. Upon receipt of these petitions, The petitioners or any other persons BILLING CODE 4510–FN–P the Director of the Office of Trade showing a substantial interest in the Adjustment Assistance, Employment subject matter of the investigations may and Training Administration, has request a public hearing, provided such DEPARTMENT OF LABOR instituted investigations pursuant to request is filed in writing with the Section 221(a) of the Act. Director, Office of Trade Adjustment Employment and Training The purpose of each of the Assistance, at the address shown below, Administration investigations is to determine whether not later than March 2, 2015. Investigations Regarding Eligibility To the workers are eligible to apply for Interested persons are invited to Apply for Worker Adjustment adjustment assistance under Title II, submit written comments regarding the Assistance Chapter 2, of the Act. The investigations subject matter of the investigations to will further relate, as appropriate, to the the Director, Office of Trade Adjustment Petitions have been filed with the determination of the date on which total Assistance, at the address shown below, Secretary of Labor under Section 221(a) or partial separations began or not later than March 2, 2015. of the Trade Act of 1974 (‘‘the Act’’) and threatened to begin and the subdivision The petitions filed in this case are are identified in the Appendix to this of the firm involved. available for inspection at the Office of
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the Director, Office of Trade Adjustment Signed at Washington, DC this 21st day of Assistance, Employment and Training January 2015. Administration, U.S. Department of Michael W. Jaffe, Labor, Room N–5428, 200 Constitution Certifying Officer, Office of Trade Adjustment Avenue NW., Washington, DC 20210. Assistance. Appendix
15 TAA PETITIONS INSTITUTED BETWEEN 1/5/15 AND 1/16/15
Subject firm Date of Date of TA–W (Petitioners) Location institution petition
85752 ...... Lear Corporation (Workers) ...... Southfield, MI ...... 01/07/15 01/06/14 85753 ...... U.S. Steel Tubular Products, Inc. (State/One-Stop) ...... Houston, TX ...... 01/07/15 01/06/15 85754 ...... Hypertronics Corporation (Company) ...... Hudson, MA ...... 01/07/15 12/16/14 85755 ...... Linatex Corporation of America DBA Weir Minerals Linatex St. Croix Falls, WI ...... 01/07/15 01/06/15 North America (Company). 85756 ...... Crown Casting Industries (State/One-Stop) ...... Hodges, SC ...... 01/08/15 01/07/15 85757 ...... RHI Monofrax LLC (State/One-Stop) ...... Falconer, NY ...... 01/09/15 01/08/15 85758 ...... Oxane Materials (Workers) ...... Van Buren, AR ...... 01/12/15 01/12/15 85759 ...... International Automotive Components Group, North America Canton, OH ...... 01/12/15 01/09/15 (Union). 85760 ...... Medtronic Ablation Frontiers, Inc. (Company) ...... Carlsbad, CA ...... 01/14/15 01/13/15 85761 ...... TriNet HR Corporation (Workers) ...... San Leandro, CA ...... 01/14/15 01/13/15 85762 ...... Advanced Ion Beam (State/One-Stop) ...... Danvers, MA ...... 01/14/15 01/13/15 85763 ...... Ross Mould, Inc. (Union) ...... Washington, PA ...... 01/15/15 01/13/15 85764 ...... ITW Thielex (Company) ...... Somerset, NJ ...... 01/15/15 01/15/15 85765 ...... Vencore Services (formally known as Qinetiq North America) Reston, VA ...... 01/16/15 01/15/15 (Workers). 85766 ...... Premier Turbines (Union) ...... Neosho, MO ...... 01/16/15 01/14/15
[FR Doc. 2015–03270 Filed 2–17–15; 8:45 am] General Electric Company, DEPARTMENT OF LABOR BILLING CODE 4510–FN–P Transportation Division. The Department has determined that these Employment and Training workers were sufficiently under the Administration DEPARTMENT OF LABOR control of the subject firm to be [TA–W–82,884] considered leased workers. Employment and Training Administration Based on these findings, the Central Credit Services, LLC, Formerly Department is amending this Known As Integrity Solutions Services, [TA–W–83,328] certification to include workers leased Inc., Decorah, IA; Amended from Yoh Services LLC working on-site Certification Regarding Eligibility To General Electric Company; at the Erie, Pennsylvania location of Apply for Worker Adjustment Transportation Division Including On- General Electric Company, Assistance Site Leased Workers From Adecco and Transportation Division. Yoh Services Llc; Erie, Pennsylvania; In accordance with Section 223 of the Amended Certification Regarding The amended notice applicable to Trade Act of 1974, as amended (‘‘Act’’), Eligibility To Apply for Worker TA–W–83,328 is hereby issued as 19 U.S.C. 2273, the Department of Labor Adjustment Assistance follows: issued a Certification of Eligibility to All workers of Yoh Services LLC, reporting Apply for Worker Adjustment In accordance with Section 223 of the to General Electric Company, Transportation Assistance on August 14, 2013, Trade Act of 1974, as amended (‘‘Act’’), Division, including on-site leased workers applicable to workers of Integrity 19 U.S.C. 2273, the Department of Labor from Adecco, Erie, Pennsylvania, who Solutions Services, Inc., Decorah, Iowa. issued a Certification of Eligibility to became totally or partially separated from The Department’s notice of Apply for Worker Adjustment employment on or after December 20, 2012 determination was published in the Assistance on June 3, 2014, applicable through June 3, 2016, and all workers in the Federal Register on September 3, 2013 to workers of General Electric Company, group threatened with total or partial (78 FR 54487). Transportation Division, including on- separation from employment on the date of At the request of Iowa Workforce site leased workers from Adecco, Erie, certification through two years from the date Development, the Department reviewed Pennsylvania. of certification, are eligible to apply for the certification for workers of the At the request of worker, the adjustment assistance under Chapter 2 of subject firm. The workers were engaged Department reviewed the certification Title II of the Trade Act of 1974, as amended. in collections and customer services. for workers of the subject firm. The New information shows that as of Signed in Washington, DC, this 28th day of workers were engaged in activities December 29, 2014, the firm changed January, 2015. related to the production of marine and names to Central Credit Services, LLC. stationary drills, locomotives and kits Michael W. Jaffe, The intent of the Department’s and off-highway vehicles (OHV). Certifying Officer, Office of Trade Adjustment certification is to include all workers of The company reports that workers Assistance. the subject firm who were adversely leased from Yoh Services LLC were on- [FR Doc. 2015–03278 Filed 2–17–15; 8:45 am] affected by a shift in services of site at the Erie, Pennsylvania location of BILLING CODE 4510–FN–P collections and customer services.
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The amended notice applicable to At the request of the State of Texas, A. A significant number or proportion TA–W–82,884 is hereby issued as the Department reviewed the of the workers in such workers’ firm, or follows: certification applicable to the subject an appropriate subdivision of the firm, All workers of Central Credit Services, firm. have become totally or partially LLC, formerly known as Integrity Solutions During the review, the Department separated, or are threatened to become Services, Inc., Decorah, Iowa, who became confirmed that Foxconn Assembly LLC totally or partially separated; totally or partially separated from who has operated under the name Q-Hub B. the sales or production, or both, of became totally or partially separated from Corporation and paid workers in the such firm or subdivision have decreased employment on or after July 3, 2012, through group under this name. absolutely; and August 14, 2015, and all workers in the group The amended notice applicable to C. increased imports of articles like or threatened with total or partial separation directly competitive with articles from employment on date of certification TA–W–85,547 is hereby issued as follows: produced by such firm or subdivision through two years from the date of have contributed importantly to such certification, are eligible to apply for All workers of Foxconn Assembly LLC/ adjustment assistance under Chapter 2 of Foxconn Hon Hai Logistics LLC, a subsidiary workers’ separation or threat of Title II of the Trade Act of 1974, as amended. of Hon Hai Precision Industry Co., LTD, separation and to the decline in sales or including workers whose unemployment production of such firm or subdivision; Signed at Washington, DC, this 2nd day of or February, 2015. insurance (UI) wages are reported under Foxconn Hon Hai Logistics Texas, LLC, EMS II. Section (a)(2)(B) both of the Michael W. Jaffe, Assembly LLC and Q-Hub Corporation, and following must be satisfied: Certifying Officer, Office of Trade Adjustment including on-site leased workers from A. A significant number or proportion Assistance. Spiretek International, Inc. and Effex of the workers in such workers’ firm, or [FR Doc. 2015–03276 Filed 2–17–15; 8:45 am] Management Solutions, LLC, Houston, Texas, an appropriate subdivision of the firm, BILLING CODE 4510–FN–P who became totally or partially separated have become totally or partially from employment on or after September 22, separated, or are threatened to become 2013 through October 10, 2016, and all totally or partially separated; DEPARTMENT OF LABOR workers in the group threatened with total or partial separation from employment on the B. there has been a shift in production by such workers’ firm or subdivision to Employment and Training date of certification through October 10, a foreign country of articles like or Administration 2016, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the directly competitive with articles which [TA–W–85,547] Trade Act of 1974, as amended. are produced by such firm or Signed in Washington, DC this 2nd day of subdivision; and Foxconn Assembly LLC/Foxconn Hon February, 2015. C. One of the following must be Hai Logistics LLC; A Subsidiary of Hon Michael W. Jaffe, satisfied: 1. The country to which the workers’ Hai Precision Industry Co., LTD Certifying Officer, Office of Trade Adjustment Including Workers Whose Assistance. firm has shifted production of the Unemployment Insurance (UI) Wages articles is a party to a free trade [FR Doc. 2015–03279 Filed 2–17–15; 8:45 am] Are Reported Under Foxconn Hon Hai agreement with the United States; Logistics Texas, LLC, EMS Assembly BILLING CODE 4510–FN–P 2. the country to which the workers’ LLC and Q-Hub Corporation and firm has shifted production of the Including On-Site Leased Workers DEPARTMENT OF LABOR articles to a beneficiary country under From Spiretek International, Inc., Effex the Andean Trade Preference Act, Management Solutions, LLC Houston, Employment and Training African Growth and Opportunity Act, or Texas; Amended Certification Administration the Caribbean Basin Economic Recovery Regarding Eligibility To Apply for Act; or Worker Adjustment Assistance Notice of Determinations Regarding 3. there has been or is likely to be an Eligibility To Apply for Worker increase in imports of articles that are In accordance with Section 223 of the Adjustment Assistance and Alternative like or directly competitive with articles Trade Act of 1974, as amended (‘‘Act’’), Trade Adjustment Assistance which are or were produced by such 19 U.S.C. 2273, the Department of Labor firm or subdivision. issued a Certification of Eligibility to In accordance with Section 223 of the Also, in order for an affirmative Apply for Worker Adjustment Trade Act of 1974, as amended (19 determination to be made for Assistance on October 10, 2014, U.S.C. 2273) the Department of Labor secondarily affected workers of a firm applicable to workers and former herein presents summaries of and a certification issued regarding workers of Foxconn Assembly LLC/ determinations regarding eligibility to eligibility to apply for worker Foxconn Hon Hai Logistics LLC, a apply for trade adjustment assistance for adjustment assistance, each of the group subsidiary of Hon Hai Precision workers (TA–W) number and alternative eligibility requirements of Section Industry Co., LTD, including workers trade adjustment assistance (ATAA) by 222(b) of the Act must be met. whose unemployment insurance (UI) (TA–W) number issued during the (1) Significant number or proportion wages are reported under Foxconn Hon period of January 19, 2015 through of the workers in the workers’ firm or Hai Logistics Texas, LLC and EMS January 30, 2015. an appropriate subdivision of the firm Assembly LLC, and including on-site In order for an affirmative have become totally or partially leased workers from Spiretek determination to be made for workers of separated, or are threatened to become International, Inc. and Effex a primary firm and a certification issued totally or partially separated; Management Solutions, LLC, Houston, regarding eligibility to apply for worker (2) the workers’ firm (or subdivision) Texas. The Department’s Notice of adjustment assistance, each of the group is a supplier or downstream producer to Determination was published in the eligibility requirements of Section a firm (or subdivision) that employed a Federal Register on October 29, 2014 222(a) of the Act must be met. group of workers who received a (79 FR 64413). The firm is engaged in I. Section (a)(2)(A) all of the following certification of eligibility to apply for production of printed circuit boards. must be satisfied: trade adjustment assistance benefits and
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such supply or production is related to 85,715, Vermont Circuits, Inc., U.S.C. 2271), the Department initiated the article that was the basis for such Brattleboro, Vermont. December 11, investigations of these petitions. certification; and 2013. The following determinations (3) either— 85,728, Advanced Micro Devices, Inc., terminating investigations were issued (A) the workers’ firm is a supplier and Austin, Texas. January 11, 2014. because the petitioner has requested the component parts it supplied for the 85,736, Kolektor TKI Inc., Fountain Inn., that the petition be withdrawn. firm (or subdivision) described in South Carolina. December 7, 2013. 85,755, Linatex Corporation of America, paragraph (2) accounted for at least 20 85,738, XRS Corporation, Burnsville, St. Croix Falls. percent of the production or sales of the Minnesota. December 18, 2013. The following determinations workers’ firm; or 85,740, Amerida Premium Hardwoods, terminating investigations were issued (B) a loss or business by the workers’ Greenville, Michigan. December 18, because the petitioning groups of firm with the firm (or subdivision) 2013. workers are covered by active described in paragraph (2) contributed 85,742, General Motors Lake Orion certifications. Consequently, further importantly to the workers’ separation Assembly, Lake Orion, Michigan. investigation in these cases would serve or threat of separation. December 19, 2013. no purpose since the petitioning group In order for the Division of Trade 85,748, Littelfuse Inc., Lake Mills, of workers cannot be covered by more Adjustment Assistance to issue a Wisconsin. December 29, 2013. than one certification at a time. certification of eligibility to apply for 85,750, Maracom Corporation, Willmar, 85,768, Mallinckrodt Pharmaceuticals, Alternative Trade Adjustment Minnesota. December 30, 2013. St Louis, Missouri. Assistance (ATAA) for older workers, 85,754, Hypertronics Corporation, the group eligibility requirements of Hudson, Massachusetts. December I hereby certify that the Section 246(a)(3)(A)(ii) of the Trade Act 16, 2013. aforementioned determinations were must be met. issued during the period of January 19, Negative Determinations for Alternative 2015 through January 30, 2015. These 1. Whether a significant number of Trade Adjustment Assistance workers in the workers’ firm are 50 determinations are available on the In the following cases, it has been Department’s Web site www.tradeact/ years of age or older. _ _ 2. Whether the workers in the determined that the requirements of taa/taa search form.cfm under the workers’ firm possess skills that are not 246(a)(3)(A)(ii) have not been met for searchable listing of determinations or easily transferable. the reasons specified. by calling the Office of Trade 3. The competitive conditions within None. Adjustment Assistance toll free at 888– 365–6822. the workers’ industry (i.e., conditions Negative Determinations For Worker within the industry are adverse). Adjustment Assistance and Alternative Signed at Washington, DC, this 5th day of February 2015. Affirmative Determinations for Worker Trade Adjustment Assistance Michael W. Jaffe, Adjustment Assistance In the following cases, the Certifying Officer, Office of Trade Adjustment The following certifications have been investigation revealed that the eligibility Assistance. criteria for worker adjustment assistance issued. The date following the company [FR Doc. 2015–03280 Filed 2–17–15; 8:45 am] have not been met for the reasons name and location of each BILLING CODE 4510–FN–P determination references the impact specified. date for all workers of such Because the workers of the firm are determination. not eligible to apply for TAA, the DEPARTMENT OF LABOR None. workers cannot be certified eligible for ATAA. Bureau of Labor Statistics Affirmative Determinations for Worker The investigation revealed that Adjustment Assistance And Alternative criteria (a)(2)(A)(I.C.) (increased Proposed collection, comment request Trade Adjustment Assistance imports) and (a)(2)(B)(II.B.) (shift in ACTION: Notice. The following certifications have been production to a foreign country) have not been met. issued. The date following the company SUMMARY: The Department of Labor, as name and location of each 85,589, Original Chili Bowl, Tulsa, part of its continuing effort to reduce determination references the impact Oklahoma. paperwork and respondent burden, date for all workers of such The workers’ firm does not produce conducts a pre-clearance consultation determination. an article as required for certification program to provide the general public The following certifications have been under Section 222 of the Trade Act of and Federal agencies with an issued. The requirements of Section 1974. opportunity to comment on proposed 222(a)(2)(A) (increased imports) and 85,702, JP Morgan Chase and Company, and/or continuing collections of Section 246(a)(3)(A)(ii) of the Trade Act Lowell, Massachusetts. information in accordance with the have been met. 85,747, JP Morgan Chase and Company, Paperwork Reduction Act of 1995 85,664, Kraft Foods Group Global, Inc., Akron, Ohio. (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Woburn, Massachusetts. November 85,749, St. Thomas Medical Group, program helps to ensure that requested 20, 2013. Nashville, Tennessee. data can be provided in the desired 85,691, Covidien LP, North Haven, format, reporting burden (time and Connecticut. December 3, 2013. Determinations Terminating financial resources) is minimized, 85,698, General Motors, Lansing, Investigations of Petitions for Worker collection instruments are clearly Michigan. December 5, 2013. Adjustment Assistance understood, and the impact of collection 85,710, Hugo Boss Cleveland, Inc., After notice of the petitions was requirements on respondents can be Brooklyn, Ohio. December 10, 2013. published in the Federal Register and properly assessed. The Bureau of Labor 85,711, General Electric, Dekalb, on the Department’s Web site, as Statistics (BLS) is soliciting comments Illinois. December 10, 2013. required by Section 221 of the Act (19 concerning the proposed new collection
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of the ‘‘Occupational Requirements The ORS will collect data from a II. Current Action Survey.’’ A copy of the proposed sample of employers. These Office of Management and Budget information collection request (ICR) can requirements of work data will consist clearance is being sought for the be obtained by contacting the individual of information about the duties, Occupational Requirements Survey. listed below in the ADDRESSES section of responsibilities, and job tasks for a The following data will be collected this notice. sample of occupations for each sampled during the ORS as defined by the SSA’s DATES: Written comments must be employer. disability program and are data that the In October 2014, BLS commenced the submitted to the office listed in the NCS does not currently collect: collection of a six-month ORS Pre- ADDRESSES section of this notice on or (1) An indicator of ‘‘time to production test. The goal of the Pre- before April 20, 2015. proficiency,’’ defined as the amount of production test is to test all survey time required by a typical worker to ADDRESSES: Send comments to Nora activities by mirroring production learn the techniques, acquire the Kincaid, BLS Clearance Officer, procedures, processes and protocols as information, and develop the facility Division of Management Systems, closely as possible. All ORS data needed for average job performance, Bureau of Labor Statistics, Room 4080, elements planned for Production are 2 Massachusetts Avenue NE., being collected during the test. comparable to the Specific Vocational Washington, DC 20212. Written Production activities mirrored in the Preparation (SVP) used in the comments also may be transmitted by Pre-production test include selecting Dictionary of Occupational Titles fax to 202–691–5111 (this is not a toll ORS samples, training staff, conducting (DOT). free number). calibration exercises, collecting the data, (2) Physical Demand characteristics/ factors of occupations, measured in FOR FURTHER INFORMATION CONTACT: conducting all review activities, such a way to support SSA disability Nora Kincaid, BLS Clearance Officer, at calculating estimates and standard determination needs, comparable to 202–691–7628 (this is not a toll free errors, validating the estimates, and measures in Appendix C of the Selected number). (See ADDRESSES section.) applying publication criteria to the computed estimates. Data from this test Characteristics of Occupations (SCO). SUPPLEMENTARY INFORMATION: that meets BLS publication criteria will (3) Environmental Conditions, I. Background be provided to SSA and released in a measured in such a way to support SSA research report for the public. However, disability determination needs, The Occupational Requirements comparable to measures in Appendix D Survey (ORS) is a nationwide survey due to the sample size of this test, the BLS only expects to be able to compute of the SCO. that the Bureau of Labor Statistics (BLS) and release data for a very limited (4) Data elements that describe the will conduct at the request of the Social number of occupations or occupational mental and cognitive demands of work. Security Administration (SSA). The first groups, and these data will not be (5) Occupational Task lists data as three years of data collection and suitable for SSA disability identified in the Employment and capture for the ORS will start in 2015 determinations. Training Administration’s (ETA’s) and end in mid-2018. BLS received comments on both the O*NET Program in order to validate the Estimates produced from the data March 24, 2014, 60 day Federal Register key tasks common across establishments collected by the ORS will be used by the (79 FR 16058) and July 23, 2014, 30 day and identify other tasks commonly SSA to update occupational Federal Register notice (79 FR 42829) performed. requirements data in administering the for the six-month ORS Pre-production Some data needed for ORS are Social Security Disability Insurance test. To assure that BLS is addressing all currently collected by BLS’s National (SSDI) and Supplemental Security of these comments thoroughly, BLS Compensation Survey (NCS). The ORS Income (SSI) programs. consulted with an outside subject matter data will be collected with the same The new ORS occupational expert to gain a better understanding of methodology as data collected for NCS. information will allow SSA adjudicators occupational requirements data. The The general establishment data to clearly associate the assessment of a consultant reviewed and analyzed collected on establishments in the claimant’s physical and mental literature related to the reliability and survey samples will be the same for functional capacity and vocational validity of occupational requirements ORS and NCS. The Probability Selection profile with work requirements. BLS data and provided the BLS with of Occupations (PSO) methodology—a will compute percentages of workers recommendations for testing reliability disaggregating technique for selecting with various characteristics, such as and validity. Given the individual items from a large number of skill and strength level. SSA will use recommendations from the subject items—will also be used by both ORS this information to provide statistical matter expert, BLS plans to begin a and NCS. For ORS and NCS, these items support for the medical-vocational rules review initiative in FY 2015 including are employees, occupations, divisions, used at step 5 of sequential evaluation the development of a methodological or sub-units depending upon the regarding the number of unskilled jobs guide, evaluation of benchmarks for application of the sampling procedure that exist at each level of exertion in the data collection, and future testing of being used. The work level of jobs data national economy. inter-rater reliability. These (factor evaluation method with four The Social Security Administration, recommendations, as well as the factors to evaluate the work level) Members of Congress, and previous refinements of the collection methodology will also be used in the representatives of the disability procedures, the data review process, ORS survey, as it is currently in NCS. community have all identified and the validation techniques BLS will disseminate the data from collection of updated information on the developed to date will ensure ORS the ORS on the BLS public Web site requirements of work in today’s produces quality occupational data in (www.bls.gov/ors). economy as crucial to the equitable and the areas of vocational preparation, The ORS will have two collection efficient operation of the Social Security mental-cognitive and physical forms (having unique private industry Disability (SSDI) program. The requirements, and environmental and government collection forms for information currently available is more conditions as the BLS moves into full each). For those sampled establishments than 20 years old. production. that are in the current National
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Compensation Survey (NCS), ORS will including the validity of the OMB Number: 1220–NEW. use NCS data and forms for those data methodology and assumptions used. Affected Public: Businesses or other elements that overlap. • Enhance the quality, utility, and for-profit; not-for-profit institutions; and clarity of the information to be State, local, and tribal government. III. Desired Focus of Comments collected. • Total Respondents: 10,402 (three-year The Bureau of Labor Statistics is Minimize the burden of the average). collection of information on those who particularly interested in comments Total Burden Cost (capital/startup): are to respond, including through the that: $0. use of appropriate automated, • Evaluate whether the proposed electronic, mechanical, or other Total Burden Cost (operating/ collection of information is necessary technological collection techniques or maintenance): $0. for the proper performance of the other forms of information technology, All figures in the table below are functions of the agency, including e.g., permitting electronic submissions based on a three-year average. The total whether the information will have of responses. respondents in the table are greater than practical utility. Type of Review: New Collection. the figure shown above because many • Evaluate the accuracy of the Agency: Bureau of Labor Statistics. respondents are asked to provide agency’s estimate of the burden of the Title: Occupational Requirements information relating to more than one proposed collection of information, Survey. form.
Minutes for the Form Total respond- Frequency Total annual predominant Total hours * ents per form responses * form use
Establishment, work level, and schedule collection form (ORS Form 15–1G ) ...... 1,366 1 1,366 54 1,229 Establishment, work level, and schedule collection form (ORS Form 15–1P ) ...... 8,246 1 8,246 54 7,421 Occupation requirements (ORS Form 4 PPD–4G) ...... 1,507 1 1,507 66 1,658 Occupation requirements (ORS Form 4 PPD–4P) ...... 8,545 1 8,545 66 9,400 Collection not tied to a specific form (Quality Assurance, Testing) ...... 853 1 853 ...... 476
TOTALS ...... 20,516 ...... 20,516 ...... 20,184 * The sum of individual items may not equal totals due to rounding.
Comments submitted in response to DATES: The expansion of the scope of an NRTL. TUVAM’s expansion covers this notice will be summarized and/or recognition becomes effective on the addition of one test standard to its included in the request for Office of February 18, 2015. scope of recognition. Management and Budget approval of the FOR FURTHER INFORMATION CONTACT: OSHA recognition of an NRTL information collection request; they also Information regarding this notice is signifies that the organization meets the will become a matter of public record. available from the following sources: requirements specified by 29 CFR Signed at Washington, DC, this 12th day of Press inquiries: Contact Mr. Frank 1910.7. Recognition is an February 2015. Meilinger, Director, OSHA Office of acknowledgment that the organization Eric Molina, Communications, U.S. Department of can perform independent safety testing Acting Chief, Division of Management Labor, 200 Constitution Avenue NW., and certification of the specific products Systems, Bureau of Labor Statistics. Room N–3647, Washington, DC 20210; covered within its scope of recognition, [FR Doc. 2015–03291 Filed 2–17–15; 8:45 am] telephone: (202) 693–1999; email: and is not a delegation or grant of [email protected]. government authority. As a result of BILLING CODE 4510–24–P General and technical information: recognition, employers may use Contact Mr. Kevin Robinson, Acting products properly approved by the DEPARTMENT OF LABOR Director, Office of Technical Programs NRTL to meet OSHA standards that and Coordination Activities, Directorate require testing and certification of the Occupational Safety and Health of Technical Support and Emergency products. Administration Management, Occupational Safety and The Agency processes applications by Health Administration, U.S. Department an NRTL for initial recognition, or for [Docket No. OSHA–2007–0043] of Labor, 200 Constitution Avenue NW., expansion or renewal of this Room N–3655, Washington, DC 20210; recognition, following requirements in TU¨ V SU¨ D America, Inc.: Grant of telephone: (202) 693–2110; email: Appendix A to 29 CFR 1910.7. This Expansion of Recognition [email protected]. OSHA’s Web appendix requires that the Agency page includes information about the publish two notices in the Federal AGENCY: Occupational Safety and Health NRTL Program (see http:// Register in processing an application. In Administration (OSHA), Labor. www.osha.gov/dts/otpca/nrtl/ the first notice, OSHA announces the ACTION: Notice. index.html). application and provides its preliminary SUPPLEMENTARY INFORMATION: finding and, in the second notice, the SUMMARY: In this notice, OSHA Agency provides its final decision on announces its final decision to expand I. Notice of Final Decision the application. These notices set forth the scope of recognition for TU¨ V SU¨ D OSHA hereby gives notice of the the NRTL’s scope of recognition or America, Inc., as a Nationally expansion of the scope of recognition of modifications of that scope. OSHA Recognized Testing Laboratory (NRTL). TU¨ V SU¨ D America, Inc. (TUVAM), as maintains an informational Web page
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for each NRTL that details its scope of OSHA’s recognition of any NRTL for Signed at Washington, DC, on February 11, recognition. These pages are available a particular test standard is limited to 2015. from the Agency’s Web site at http:// equipment or materials for which OSHA David Michaels, www.osha.gov/dts/otpca/nrtl/ standards require third-party testing and Assistant Secretary of Labor for Occupational index.html. certification before using them in the Safety and Health. TUVAM submitted an application, workplace. Consequently, if a test [FR Doc. 2015–03234 Filed 2–17–15; 8:45 am] dated June 9, 2014 (OSHA–2007–0043– standard also covers any products for BILLING CODE 4510–26–P 0009, Exhibit 14–1—TUVAM Request which OSHA does not require such for Expansion), to expand its testing and certification, an NRTL’s recognition to include one additional scope of recognition does not include DEPARTMENT OF LABOR these products. test standard. OSHA staff performed a Office of Workers’ Compensation comparability analysis and reviewed The American National Standards Programs other pertinent information. OSHA did Institute (ANSI) may approve the test not perform any on-site reviews in standard listed above as an American Proposed Collection; Comment relation to this application. National Standard. However, for Request: Division of Coal Mine OSHA published the preliminary convenience, we may use the Workers’ Compensation notice announcing TUVAM’s expansion designation of the standards-developing application in the Federal Register on organization for the standard as opposed ACTION: Notice. to the ANSI designation. Under the October 3, 2014 (79 FR 59863). The SUMMARY: NRTL Program’s policy (see OSHA The Department of Labor, as Agency requested comments by October part of its continuing effort to reduce 20, 2014, but it received no comments Instruction CPL 1–0.3, Appendix C, paragraph XIV), any NRTL recognized paperwork and respondent burden, in response to this notice. OSHA now is conducts a pre-clearance consultation proceeding with this final notice to for a particular test standard may use either the proprietary version of the test program to provide the general public grant expansion of TUVAM’s scope of and Federal agencies with an recognition. standard or the ANSI version of that standard. Contact ANSI to determine opportunity to comment on proposed To obtain or review copies of all whether a test standard is currently and/or continuing collections of public documents pertaining to ANSI-approved. information in accordance with the TUVAM’s application, go to Paperwork Reduction Act of 1995 www.regulations.gov or contact the A. Conditions (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Docket Office, Occupational Safety and program helps to ensure that requested Health Administration, U.S. Department In addition to those conditions data can be provided in the desired of Labor, 200 Constitution Avenue NW., already required by 29 CFR 1910.7, format, reporting burden (time and Room N–2625, Washington, DC 20210. TUVAM must abide by the following financial resources) is minimized, Docket No. OSHA–2007–0043 contains conditions of the recognition: collection instruments are clearly all materials in the record concerning 1. TUVAM must inform OSHA as understood, and the impact of collection TUVAM’s recognition. soon as possible, in writing, of any requirements on respondents can be change of ownership, facilities, or key properly assessed. Currently, the Office II. Final Decision and Order personnel, and of any major change in of Workers’ Compensation Programs is OSHA staff examined TUVAM’s its operations as an NRTL, and provide soliciting comments concerning the expansion application, its capability to details of the change(s); proposed collection: Notice of meet the requirements of the test 2. TUVAM must meet all the terms of Termination, Suspension, Reduction or standards, and other pertinent its recognition and comply with all Increase in Benefit Payments (CM–908). information. Based on its review of this OSHA policies pertaining to this A copy of the information collection evidence, OSHA finds that TUVAM recognition; and request can be obtained by contacting meets the requirements of 29 CFR the office listed below in the addresses 3. TUVAM must continue to meet the section of this Notice. 1910.7 for expansion of its recognition, requirements for recognition, including DATES: Written comments must be subject to the limitation and conditions all previously published conditions on listed below. OSHA, therefore, is submitted to the office listed in the TUVAM’s scope of recognition, in all addresses section below on or before proceeding with this final notice to areas for which it has recognition. grant TUVAM’s scope of recognition April 20, 2015. expansion. OSHA limits the expansion Pursuant to the authority in 29 CFR ADDRESSES: Ms. Yoon Ferguson, U.S. of TUVAM’s recognition to testing and 1910.7, OSHA hereby expands the scope Department of Labor, 200 Constitution certification of products for of recognition of TUVAM, subject to the Ave. NW., Room S–3201, Washington, demonstration of conformance to the limitation and conditions specified DC 20210, telephone (202) 354–9647, test standard listed in Table 1 below. above. fax (202) 693–1447, Email III. Authority and Signature [email protected]. Please use only TABLE 1—APPROPRIATE TEST STAND- one method of transmission for ARD FOR INCLUSION IN TUVAM’S David Michaels, Ph.D., MPH, comments (mail, fax, or Email). NRTL SCOPE OF RECOGNITION Assistant Secretary of Labor for SUPPLEMENTARY INFORMATION: Occupational Safety and Health, 200 I. Background: The Office of Workers’ Test standard Test standard title Constitution Avenue NW., Washington, Compensation Programs (OWCP) DC 20210, authorized the preparation of administers the Federal Mine Safety and ANSI/AAMI Medical electrical equipment, this notice. Accordingly, the Agency is Health Act of 1977 as amended, Section ES60601– Part 1: General require- issuing this notice pursuant to 29 U.S.C. 432 (30 U.S.C. 942) and 20 CFR 725.621 1:2005/ ments for basic safety and 657(g)(2), Secretary of Labor’s Order No. necessitate this information collection. (R)2012. essential performance (with amendments). 1–2012 (77 FR 3912, Jan. 25, 2012), and Under this Act, Coal mine operators, 29 CFR 1910.7. their representatives, or their insurers
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who have been identified as responsible Frequency: On occasion and annually. collection is necessary for the proper for paying Black Lung benefits to an Total Burden Cost (capital/startup): performance of the functions of NARA; eligible miner or an eligible surviving $0. (b) the accuracy of NARA’s estimate of dependent of the miner, are called Total Burden Cost (operating/ the burden of the proposed information Responsible Operators (RO’s). RO’s that maintenance): $5,200. collection; (c) ways to enhance the pay benefits are required to report any Comments submitted in response to quality, utility, and clarity of the change in the benefit amount to the this notice will be summarized and/or information to be collected; (d) ways to Department of Labor (DOL). The CM– included in the request for Office of minimize the burden of the collection of 908, when completed and sent to DOL, Management and Budget approval of the information on all respondents, notifies DOL of the change in the information collection request; they will including the use of information beneficiary’s benefit amount and the also become a matter of public record. technology; and (e) whether small reason for the change. The Federal Mine Dated: February 12, 2015. businesses are affected by this Safety and Health Act of 1977 as Yoon Ferguson, collection. NARA will summarize any amended, Section 432 (30 U.S.C. 942) Agency Clearance Officer, Office of Workers’ comments you submit and include them and 20 CFR 725.621 necessitate this Compensation Programs, US Department of in the NARA request for Office of information collection. This information Labor. Management and Budget (OMB) collection is currently approved for use [FR Doc. 2015–03283 Filed 2–17–15; 8:45 am] approval. All comments will become a through August 31, 2015. BILLING CODE 4510–CK–P matter of public record. In this notice, II. Review Focus: The Department of NARA is soliciting comments Labor is particularly interested in concerning the following information comments which: NATIONAL ARCHIVES AND RECORDS collections: * Evaluate whether the proposed ADMINISTRATION Title: Accounting System and collection of information is necessary Financial Capability Questionnaire. for the proper performance of the [NARA–2015–029] OMB number: 3095–0072. functions of the agency, including whether the information will have Agency Information Collection Agency form numbers: NA Form practical utility; Activities: Proposed Collection; 17003. * Evaluate the accuracy of the Comment Request Type of review: Regular. agency’s estimate of the burden of the AGENCY: National Archives and Records Affected public: Not-for-profit proposed collection of information, Administration (NARA). institutions and State, Local, or Tribal including the validity of the ACTION: Government. methodology and assumptions used; Notice. Estimated number of respondents: 75. * Enhance the quality, utility and SUMMARY: NARA proposes to request Estimated time per response: 4 hours. clarity of the information to be extension of a currently approved collected; and information collection used to identify Frequency of response: On occasion. * Minimize the burden of the potential grant recipients that have Estimated total annual burden hours: collection of information on those who limited experience with managing 300. are to respond, including through the Federal funds. NARA invites the public Abstract: Pursuant to the Title 2, use of appropriate automated, to comment on the proposed Section 215 of the Code of Federal electronic, mechanical, or other information collection pursuant to the Regulations, Grants and Agreements technological collection techniques or Paperwork Reduction Act of 1995. with Institutions of Higher Education, other forms of information technology, DATES: We must receive written Hospitals, and Other Non-Profit e.g., permitting electronic submissions comments by April 20, 2015 for Organizations (formerly Office of of responses. Management and Budget (OMB) III. Current Actions: The Department consideration. Circular A–110) and Office of of Labor seeks the approval for the ADDRESSES: Please send comments by Management and Budget Circular A– extension of this currently-approved mail to Paperwork Reduction Act 133, Audits of States, Local information collection in order to carry Comments (NHP); Room 4400; National Governments, and Non-Profit out its responsibility to evaluate an Archives and Records Administration; Organizations, grant recipients are applicant ability to be a representative 8601 Adelphi Rd.; College Park, MD required to maintain adequate payee. If the Program were not able to 20740–6001, by fax to 301–713–7409, or accounting controls and systems in screen representative payee applicants by email to [email protected]. managing and administering Federal the beneficiary’s best interest would not FOR FURTHER INFORMATION CONTACT: funds. Some of the recipients of grants be served. Please contact Tamee Fechhelm by from the National Historical Agency: Office of Workers’ telephone at 301–837–1694, or by fax at Compensation Programs. Publications and Records Commission 301–713–7409 to request additional (NHPRC) have proven to have limited Type of Review: Extension. information or copies of the proposed Title: Notice of Termination, experience with managing Federal information collections and supporting funds. This questionnaire is designed to Suspension, Reduction or Increase in statements. Benefit Payments. identify those potential recipients and OMB Number: 1240–0030. SUPPLEMENTARY INFORMATION: Pursuant provide appropriate training or Agency Number: CM–908. to the Paperwork Reduction Act of 1995 additional safeguards for Federal funds. Affected Public: Business or other for (Pub. L. 104–13), NARA invites the Additionally, the questionnaire serves profit. general public and other Federal as a pre-audit function in identifying Total Respondents: 325. agencies to comment on proposed potential deficiencies and minimizing Total Annual Responses: 5,000. information collections. The comments the risk of fraud, waste, abuse, or Average Time per Response: 12 and suggestions should address one or mismanagement, which we use in lieu minutes. more of the following points: (a) of a more costly and time consuming Estimated Total Burden Hours: 1,000. Whether the proposed information formal pre-award audit.
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Dated: February 6, 2015. register for the meeting, please do so at Gallagher; telephone: 301–287–3422; Swarnali Haldar, this Eventbrite link: http:// email: [email protected]. For Executive for Information Services/CIO. www.eventbrite.com/e/freedom-of- technical questions, contact the [FR Doc. 2015–03363 Filed 2–17–15; 8:45 am] information-act-foia-advisory- individual listed in the FOR FURTHER BILLING CODE 7515–01–P committee-meeting-registration- INFORMATION CONTACT section of this 15555361505. Members of the media document. who wish to register, those who are • Mail comments to: Cindy Bladey, NATIONAL ARCHIVES AND RECORDS unable to register online, and those who Office of Administration, Mail Stop: ADMINISTRATION require special accommodations, should OWFN–12 H08, U.S. Nuclear Regulatory contact Christa Lemelin at the phone Commission, Washington, DC 20555– [NARA–2015–028] number, mailing address, or email 0001. Office of Government Information address listed above. For additional direction on obtaining information and submitting comments, Services (OGIS); Freedom of Dated: February 12, 2015. see ‘‘Obtaining Information and Information Act (FOIA) Advisory Donna M. Garland, Submitting Comments’’ in the Committee; Meeting Chief Strategy and Communications Officer. SUPPLEMENTARY INFORMATION section of AGENCY: National Archives and Records [FR Doc. 2015–03364 Filed 2–17–15; 8:45 am] this document. Administration (NARA). BILLING CODE 7515–01–P FOR FURTHER INFORMATION CONTACT: ACTION: Notice of Federal Advisory Thomas J. Wengert, Office of Nuclear Committee Meeting. Reactor Regulation, U.S. Nuclear NUCLEAR REGULATORY Regulatory Commission, Washington DC SUMMARY: In accordance with the COMMISSION 20555–0001; telephone: 301–415–4037, Federal Advisory Committee Act (5 email: [email protected]. U.S.C. App) and the second United [Docket Nos. 50–361, 50–362, and 72–41; NRC–2015–0023] SUPPLEMENTARY INFORMATION: States Open Government National Action Plan (NAP) released on Southern California Edison Company; I. Obtaining Information and December 5, 2013, NARA announces an San Onofre Nuclear Generating Submitting Comments upcoming Freedom of Information Act Station, Units 2 and 3, and A. Obtaining Information (FOIA) Advisory Committee meeting. Independent Spent Fuel Storage Please refer to Docket ID NRC–2015– DATES: The meeting will be on April 21, Installation 2015, from 10:00 a.m. to 1:00 p.m. EDT. 0023 when contacting the NRC about You must register for the meeting by AGENCY: Nuclear Regulatory the availability of information for this 5:00 p.m. EDT on April 20, 2015. Commission. action. You may obtain publicly- Location: National Archives and ACTION: License amendment application; available information related to this action by any of the following methods: Records Administration (NARA); 700 opportunity to comment, request a • Pennsylvania Avenue NW.; Archivist’s hearing, and petition for leave to Federal Rulemaking Web site: Go to Reception Room (Room 105); intervene; order. http://www.regulations.gov and search Washington, DC 20408. for Docket ID NRC–2015–0023. SUMMARY: The U.S. Nuclear Regulatory • NRC’s Agencywide Documents FOR FURTHER INFORMATION CONTACT: Commission (NRC) is considering Access and Management System Christa Lemelin, Designated Federal issuance of an amendment to Facility (ADAMS): You may obtain publicly- Officer for this committee, by mail at Operating License Nos. NPF–10 and available documents online in the National Archives and Records NPF–15 issued to Southern California ADAMS Public Documents collection at Administration; Office of Government Edison Company. The NRC proposes to http://www.nrc.gov/reading-rm/ Information Services; 8601 Adelphi determine that the amendment request adams.html. To begin the search, select Road—OGIS; College Park, MD 20740– involves no significant hazards ‘‘ADAMS Public Documents’’ and then 6001, by telephone at 202–741–5773, or consideration. In addition, the select ‘‘Begin Web-based ADAMS by email at [email protected]. amendment request contains Sensitive Search.’’ For problems with ADAMS, SUPPLEMENTARY INFORMATION: Agenda Unclassified Non-Safeguards please contact the NRC’s Public and meeting materials: You may find all Information (SUNSI). Document Room (PDR) reference staff at meeting materials at https:// DATES: Submit comments by March 20, 1–800–397–4209, 301–415–4737, or by ogis.archives.gov/foia-advisory- email to [email protected]. The committee/meetings.htm. The purpose 2015. A request for a hearing must be filed by April 20, 2015. Any potential ADAMS accession number for each of this meeting is to discuss the FOIA document referenced (if it is available in issues on which the Committee is party as defined in § 2.4 of Title 10 of the Code of Federal Regulations (10 ADAMS) is provided the first time that focusing its efforts: oversight and it is mentioned in the SUPPLEMENTARY accountability, proactive disclosures, CFR), who believes access to SUNSI is necessary to respond to this notice must INFORMATION section. and fees. • NRC’s PDR: You may examine and Procedures: The meeting is open to request document access by March 2, 2015. purchase copies of public documents at the public. Due to space limitations and the NRC’s PDR, Room O1–F21, One access procedures, you must register in ADDRESSES: You may submit comments White Flint North, 11555 Rockville advance if you wish to attend the by any of the following methods (unless Pike, Rockville, Maryland 20852. meeting. You will also go through this document describes a different security screening when you enter the method for submitting comments on a B. Submitting Comments building. Seating in the meeting room is specific subject): Please include Docket ID NRC–2015– limited and will be available on a first- • Federal Rulemaking Web site: Go to 0023 in your comment submission. come, first-served basis. Registration for http://www.regulations.gov and search The NRC cautions you not to include the meeting will go live via Eventbrite for Docket ID NRC–2015–0023. Address identifying or contact information that on April 6, 2015, at 10:00 a.m. EDT. To questions about NRC dockets to Carol you do not want to be publicly
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disclosed in your comment submission. this means that operation of the facility The proposed change is solely related to The NRC posts all comment in accordance with the proposed procedural and administrative matters of submissions at http:// amendment would not (1) involve a physical security. The proposed change will www.regulations.gov as well as entering not reduce any margins of safety. significant increase in the probability or Therefore, this change has no impact on the comment submissions into ADAMS. consequences of an accident previously any parameter that would affect a design The NRC does not routinely edit evaluated; or (2) create the possibility of basis limit for a fission product barrier, and comment submissions to remove a new or different kind of accident from there would be no impact on any margin of identifying or contact information. any accident previously evaluated; or safety. If you are requesting or aggregating (3) involve a significant reduction in a Therefore, the proposed changes do not comments from other persons for margin of safety. As required by 10 CFR involve a significant reduction in a margin of submission to the NRC, then you should 50.91(a), the licensee has provided its safety. inform those persons not to include analysis of the issue of no significant The NRC staff has reviewed the identifying or contact information that hazards consideration, which is licensee’s analysis and, based on this they do not want to be publicly presented below: review, it appears that the three disclosed in their comment submission. 1. Does the proposed change involve a standards of 10 CFR 50.92(c) are Your request should state that the NRC significant increase in the probability or satisfied. Therefore, the NRC staff does not routinely edit comment consequences of an accident previously proposes to determine that the submissions to remove such information evaluated? amendment request involves no before making the comment Response: No. significant hazards consideration. submissions available to the public or The proposed change is an application to The Commission is seeking public entering the comment submissions into the Commission for authorization to use comments on this proposed ADAMS. preemption authority under Section 161A of determination. Any comments received the Atomic Energy Act of 1954, as amended by March 20, 2015, will be considered II. Introduction (42 U.S.C. 2201a), which is solely related to in making any final determination. You procedural and administrative matters of The NRC is considering issuance of an may submit comments using any of the amendment to Facility Operating physical security. The application is required to maintain high assurance for the physical methods discussed under the License Nos. NPF–10 and NPF–15, protection program at San Onofre Nuclear ADDRESSES section of this document. issued to Southern California Edison Generating Station (SONGS) to prevent Normally, the Commission will not Company (the licensee) for operation of significant core damage and spent fuel issue the amendment until the the San Onofre Nuclear Generating sabotage. expiration of 60 days after the date of Station (SONGS), Units 2 and 3, and The proposed change will not affect the publication of this notice. The Independent Spent Fuel Storage probability of any accident initiators because Commission may issue the license Installation, located in San Diego it does not affect any plant systems or the amendment before expiration of the 60- County, California. manner in which the plant is operated. day period provided that its final There will be no change to accident By letter dated August 28, 2013 determination is that the amendment (ADAMS Accession No. ML13242A277), mitigation performance since none of the systems that mitigate accidents are changed. involves no significant hazards as supplemented by letters dated Equipment credited for accident mitigation is consideration. In addition, the December 31, 2013, and May 15, 2014 not affected by the proposed change, and Commission may issue the amendment (ADAMS Accession Nos. ML14007A496 operation will remain within the bounded prior to the expiration of the 30-day and ML14139A424), the licensee assumptions of the Updated Final Safety comment period should circumstances submitted an application for a license Analysis Report (UFSAR) analysis. The change during the 30-day comment amendment request. The licensee is proposed change will not alter any period such that failure to act in a requesting that the Commission grant it assumptions or change any mitigation actions timely way would result, for example, preemption authority consistent with in the radiological consequence evaluations in derating or shutdown of the facility. the Commission’s authority under in the UFSAR. Therefore, the proposed changes do not Should the Commission take action Section 161A of the Atomic Energy Act involve a significant increase in the prior to the expiration of either the of 1954, as amended (the Act), as probability or consequences of an accident comment period or the notice period, it amended, to authorize the security previously evaluated. will publish in the Federal Register a personnel of designated classes of 2. Does the proposed change create the notice of issuance. Should the licensees to possess, use, and access possibility of a new or different accident Commission make a final No Significant covered weapons for the physical from any accident previously evaluated? Hazards Consideration Determination, security of SONGS, Units 2 and 3, and Response: No. any hearing will take place after the Independent Spent Fuel Storage The proposed change is solely related to issuance. The Commission expects that Installation, notwithstanding Federal, procedural and administrative matters of physical security. the need to take this action will occur State or local laws prohibiting such The proposed change does not change any very infrequently. possession or use. If the amendment plant systems or the method of operating the III. Opportunity To Request a Hearing request is granted, the licenses would be plant. Also, the proposed change will not and Petition for Leave To Intervene modified to reflect the Commission’s introduce any adverse changes to the plant grant of Section 161A preemption design basis or postulated accidents. The Within 60 days after the date of authority. proposed change does not adversely affect publication of this Federal Register Before issuance of the proposed the method of operation of any plant system notice, any person whose interest may license amendments, the Commission and does not impact any plant systems or be affected by this proceeding and who will have made findings required by the components. desires to participate as a party in the Therefore, the proposed change does not proceeding must file a written request Act and the Commission’s regulations. create the possibility of a new or different The Commission has made a kind of accident from any accident for hearing or a petition for leave to proposed determination that the previously evaluated. intervene specifying the contentions amendment request involves no 3. Does the proposed change involve a which the person seeks to have litigated significant hazards consideration. Under significant reduction in a margin of safety? in the hearing with respect to the the Commission’s regulations in § 50.92, Response: No. license amendment request. Requests
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for hearing and petitions for leave to as required by law, the requestor/ to intervene, any motion or other intervene shall be filed in accordance petitioner must identify each failure and document filed in the proceeding prior with the NRC’s ‘‘Agency Rules of the supporting reasons for the to the submission of a request for Practice and Procedure’’ in 10 CFR part requestor’s/petitioner’s belief. Each hearing or petition to intervene, and 2. Interested person(s) should consult a contention must be one which, if documents filed by interested current copy of 10 CFR 2.309, which is proven, would entitle the requestor/ governmental entities participating available at the NRC’s PDR. The NRC’s petitioner to relief. A requestor/ under 10 CFR 2.315(c), must be filed in regulations are accessible electronically petitioner who does not satisfy these accordance with the NRC’s E-Filing rule from the NRC Library on the NRC’s Web requirements for at least one contention (72 FR 49139; August 28, 2007). The E- site at http://www.nrc.gov/reading-rm/ will not be permitted to participate as a Filing process requires participants to doc-collections/cfr/. party. submit and serve all adjudicatory As required by 10 CFR 2.309, a Those permitted to intervene become documents over the internet, or in some request for hearing or petition for leave parties to the proceeding, subject to any cases to mail copies on electronic to intervene must set forth with limitations in the order granting leave to storage media. Participants may not particularity the interest of the intervene, and have the opportunity to submit paper copies of their filings petitioner in the proceeding and how participate fully in the conduct of the unless they seek an exemption in that interest may be affected by the hearing with respect to resolution of accordance with the procedures results of the proceeding. The hearing that person’s admitted contentions, described below. request or petition must specifically including the opportunity to present To comply with the procedural explain the reasons why intervention evidence and to submit a cross- requirements of E-Filing, at least 10 should be permitted, with particular examination plan for cross-examination days prior to the filing deadline, the reference to the following general of witnesses, consistent with NRC participant should contact the Office of requirements: (1) The name, address, regulations, policies, and procedures. the Secretary by email at and telephone number of the requestor The Atomic Safety and Licensing Board [email protected], or by telephone or petitioner; (2) the nature of the will set the time and place for any at 301–415–1677, to request (1) a digital requestor’s/petitioner’s right under the prehearing conferences and evidentiary identification (ID) certificate, which Act to be made a party to the hearings, and the appropriate notices allows the participant (or its counsel or proceeding; (3) the nature and extent of will be provided. representative) to digitally sign the requestor’s/petitioner’s property, Hearing requests or petitions for leave documents and access the E-Submittal financial, or other interest in the to intervene must be filed no later than server for any proceeding in which it is proceeding; and (4) the possible effect of 60 days from the date of publication of participating; and (2) advise the any decision or order which may be this notice. Requests for hearing, Secretary that the participant will be entered in the proceeding on the petitions for leave to intervene, and submitting a request or petition for requestor’s/petitioner’s interest. The motions for leave to file new or hearing (even in instances in which the hearing request or petition must also amended contentions that are filed after participant, or its counsel or include the specific contentions that the the 60-day deadline will not be representative, already holds an NRC- requestor/petitioner seeks to have entertained absent a determination by issued digital ID certificate). Based upon litigated at the proceeding. the presiding officer that the filing this information, the Secretary will For each contention, the requestor/ demonstrates good cause by satisfying establish an electronic docket for the petitioner must provide a specific the three factors in 10 CFR hearing in this proceeding if the statement of the issue of law or fact to 2.309(c)(1)(i)–(iii). Secretary has not already established an be raised or controverted, as well as a If a hearing is requested, the electronic docket. brief explanation of the basis for the Commission will make a final Information about applying for a contention. Additionally, the requestor/ determination on the issue of no digital ID certificate is available on the petitioner must demonstrate that the significant hazards consideration. The NRC’s public Web site at http:// issue raised by each contention is final determination will serve to decide www.nrc.gov/site-help/e-submittals/ within the scope of the proceeding and when the hearing is held. If the final getting-started.html. System is material to the findings that the NRC determination is that the amendment requirements for accessing the E- must make to support the granting of a request involves no significant hazards Submittal server are detailed in the license amendment in response to the consideration, the Commission may NRC’s ‘‘Guidance for Electronic application. The hearing request or issue the amendment and make it Submission,’’ which is available on the petition must also include a concise immediately effective, notwithstanding agency’s public Web site at http:// statement of the alleged facts or expert the request for a hearing. Any hearing www.nrc.gov/site-help/e- opinion that support the contention and held would take place after issuance of submittals.html. Participants may on which the requestor/petitioner the amendment. If the final attempt to use other software not listed intends to rely at the hearing, together determination is that the amendment on the Web site, but should note that the with references to those specific sources request involves a significant hazards NRC’s E-Filing system does not support and documents. The hearing request or consideration, then any hearing held unlisted software, and the NRC Meta petition must provide sufficient would take place before the issuance of System Help Desk will not be able to information to show that a genuine any amendment unless the Commission offer assistance in using unlisted dispute exists with the applicant on a finds an imminent danger to the health software. material issue of law or fact, including or safety of the public, in which case it If a participant is electronically references to specific portions of the will issue an appropriate order or rule submitting a document to the NRC in application for amendment that the under 10 CFR part 2. accordance with the E-Filing rule, the petitioner disputes and the supporting participant must file the document reasons for each dispute. If the IV. Electronic Submissions (E-Filing) using the NRC’s online, Web-based requestor/petitioner believes that the All documents filed in NRC submission form. In order to serve application for amendment fails to adjudicatory proceedings, including a documents through the Electronic contain information on a relevant matter request for hearing, a petition for leave Information Exchange System, users
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will be required to install a Web Commission, Washington, DC 20555– Southern California Edison Company, browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and San Onofre Nuclear Generating Station, site. Further information on the Web- Adjudications Staff; or (2) courier, Units 2 and 3, and Independent Spent based submission form, including the express mail, or expedited delivery Fuel Storage Installation, San Diego installation of the Web browser plug-in, service to the Office of the Secretary, County, California, Order Imposing is available on the NRC’s public Web Sixteenth Floor, One White Flint North, Procedures for Access to Sensitive site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, Unclassified Non-Safeguards submittals.html. Maryland 20852, Attention: Rulemaking Information for Contention Preparation. Once a participant has obtained a and Adjudications Staff. Participants A. This Order contains instructions digital ID certificate and a docket has filing a document in this manner are regarding how potential parties to this been created, the participant can then proceeding may request access to submit a request for hearing or petition responsible for serving the document on documents containing SUNSI. for leave to intervene. Submissions all other participants. Filing is B. Within 10 days after publication of should be in Portable Document Format considered complete by first-class mail this notice of hearing and opportunity to (PDF) in accordance with NRC guidance as of the time of deposit in the mail, or petition for leave to intervene, any available on the NRC’s public Web site by courier, express mail, or expedited at http://www.nrc.gov/site-help/e- delivery service upon depositing the potential party who believes access to submittals.html. A filing is considered document with the provider of the SUNSI is necessary to respond to this complete at the time the documents are service. A presiding officer, having notice may request such access. A submitted through the NRC’s E-Filing granted an exemption request from ‘‘potential party’’ is any person who system. To be timely, an electronic using E-Filing, may require a participant intends to participate as a party by filing must be submitted to the E-Filing or party to use E-Filing if the presiding demonstrating standing and filing an system no later than 11:59 p.m. Eastern officer subsequently determines that the admissible contention under 10 CFR 2.309. Requests for access to SUNSI Time on the due date. Upon receipt of reason for granting the exemption from submitted later than 10 days after a transmission, the E-Filing system use of E-Filing no longer exists. publication of this notice will not be time-stamps the document and sends Documents submitted in adjudicatory the submitter an email notice considered absent a showing of good proceedings will appear in the NRC’s confirming receipt of the document. The cause for the late filing, addressing why electronic hearing docket which is E-Filing system also distributes an email the request could not have been filed notice that provides access to the available to the public at http:// earlier. document to the NRC’s Office of the ehd1.nrc.gov/ehd/, unless excluded C. The requester shall submit a letter General Counsel and any others who pursuant to an order of the Commission, requesting permission to access SUNSI have advised the Office of the Secretary or the presiding officer. Participants are to the Office of the Secretary, U.S. that they wish to participate in the requested not to include personal Nuclear Regulatory Commission, proceeding, so that the filer need not privacy information, such as social Washington, DC 20555–0001, Attention: serve the documents on those security numbers, home addresses, or Rulemakings and Adjudications Staff, participants separately. Therefore, home phone numbers in their filings, and provide a copy to the Associate applicants and other participants (or unless an NRC regulation or other law General Counsel for Hearings, their counsel or representative) must requires submission of such Enforcement and Administration, Office apply for and receive a digital ID information. However, a request to of the General Counsel, Washington, DC certificate before a hearing request/ intervene will require including 20555–0001. The expedited delivery or petition to intervene is filed so that they information on local residence in order courier mail address for both offices is: can obtain access to the document via to demonstrate a proximity assertion of U.S. Nuclear Regulatory Commission, the E-Filing system. interest in the proceeding. With respect 11555 Rockville Pike, Rockville, A person filing electronically using to copyrighted works, except for limited Maryland 20852. The email address for the NRC’s adjudicatory E-Filing system excerpts that serve the purpose of the the Office of the Secretary and the may seek assistance by contacting the adjudicatory filings and would Office of the General Counsel are [email protected] and NRC Meta System Help Desk through constitute a Fair Use application, [email protected], respectively.1 the ‘‘Contact Us’’ link located on the participants are requested not to include The request must include the following NRC’s public Web site at http:// copyrighted materials in their www.nrc.gov/site-help/e- information: submission. submittals.html, by email to (1) A description of the licensing [email protected], or by a toll- Petitions for leave to intervene must action with a citation to this Federal free call at 1–866–672–7640. The NRC be filed no later than 60 days from the Register notice; Meta System Help Desk is available date of publication of this notice. Non- (2) The name and address of the between 8 a.m. and 8 p.m., Eastern timely filings will not be entertained potential party and a description of the Time, Monday through Friday, absent a determination by the presiding potential party’s particularized interest excluding government holidays. officer that the petition or request that could be harmed by the action Participants who believe that they should be granted or the contentions identified in C.(1); and have a good cause for not submitting should be admitted, based on a (3) The identity of the individual or documents electronically must file an balancing of the factors specified in 10 entity requesting access to SUNSI and exemption request, in accordance with CFR 2.309(c)(1)(i)–(iii). the requester’s basis for the need for the 10 CFR 2.302(g), with their initial paper information in order to meaningfully Attorney for licensee: Walker A. filing requesting authorization to Matthews, Esquire, Southern California continue to submit documents in paper 1 While a request for hearing or petition to format. Such filings must be submitted Edison Company, 2244 Walnut Grove intervene in this proceeding must comply with the Avenue, Rosemead, California 91770. filing requirements of the NRC’s ‘‘E-Filing Rule,’’ by: (1) First class mail addressed to the the initial request to access SUNSI under these Office of the Secretary of the NRC Branch Chief: Douglas A. procedures should be submitted as described in this Commission, U.S. Nuclear Regulatory Broaddus. paragraph.
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participate in this adjudicatory later than 25 days after the requestor is the notification by the NRC staff of its proceeding. In particular, the request granted access to that information. grant of access. must explain why publicly-available However, if more than 25 days remain If challenges to the NRC staff versions of the information requested between the date the petitioner is determinations are filed, these would not be sufficient to provide the granted access to the information and procedures give way to the normal basis and specificity for a proffered the deadline for filing all other process for litigating disputes contention. contentions (as established in the notice concerning access to information. The D. Based on an evaluation of the of hearing or opportunity for hearing), availability of interlocutory review by information submitted under paragraph the petitioner may file its SUNSI the Commission of orders ruling on C.(3) the NRC staff will determine contentions by that later deadline. This such NRC staff determinations (whether within 10 days of receipt of the request provision does not extend the time for granting or denying access) is governed whether: filing a request for a hearing and by 10 CFR 2.311.3 (1) There is a reasonable basis to petition to intervene, which must I. The Commission expects that the believe the petitioner is likely to comply with the requirements of 10 CFR NRC staff and presiding officers (and establish standing to participate in this 2.309. any other reviewing officers) will NRC proceeding; and G. Review of Denials of Access. consider and resolve requests for access (2) The requestor has established a (1) If the request for access to SUNSI to SUNSI, and motions for protective legitimate need for access to SUNSI. is denied by the NRC staff after a orders, in a timely fashion in order to E. If the NRC staff determines that the minimize any unnecessary delays in requestor satisfies both D.(1) and D.(2) determination on standing and need for access, the NRC staff shall immediately identifying those petitioners who have above, the NRC staff will notify the standing and who have propounded requestor in writing that access to notify the requestor in writing, briefly stating the reason or reasons for the contentions meeting the specificity and SUNSI has been granted. The written basis requirements in 10 CFR part 2. notification will contain instructions on denial. (2) The requester may challenge the Attachment 1 to this Order summarizes how the requestor may obtain copies of the general target schedule for the requested documents, and any other NRC staff’s adverse determination by filing a challenge within 5 days of processing and resolving requests under conditions that may apply to access to these procedures. those documents. These conditions may receipt of that determination with: (a) include, but are not limited to, the The presiding officer designated in this It is so ordered. proceeding; (b) if no presiding officer Dated at Rockville, Maryland, this 9th day signing of a Non-Disclosure Agreement of February, 2015. or Affidavit, or Protective Order 2 setting has been appointed, the Chief For the Nuclear Regulatory Commission. forth terms and conditions to prevent Administrative Judge, or if he or she is the unauthorized or inadvertent unavailable, another administrative Annette L. Vietti-Cook, disclosure of SUNSI by each individual judge, or an administrative law judge Secretary of the Commission. with jurisdiction pursuant to 10 CFR who will be granted access to SUNSI. ATTACHMENT 1—General Target 2.318(a); or (c) officer if that officer has F. Filing of Contentions. Any Schedule for Processing and Resolving been designated to rule on information contentions in these proceedings that Requests for Access to Sensitive access issues. are based upon the information received Unclassified Non-Safeguards as a result of the request made for H. Review of Grants of Access. A Information in this Proceeding SUNSI must be filed by the requestor no party other than the requester may challenge an NRC staff determination 3 Requesters should note that the filing 2 Any motion for Protective Order or draft Non- granting access to SUNSI whose release requirements of the NRC’s E-Filing Rule (72 FR Disclosure Affidavit or Agreement for SUNSI must would harm that party’s interest 49139; August 28, 2007) apply to appeals of NRC be filed with the presiding officer or the Chief independent of the proceeding. Such a staff determinations (because they must be served Administrative Judge if the presiding officer has not on a presiding officer or the Commission, as yet been designated, within 30 days of the deadline challenge must be filed with the Chief applicable), but not to the initial SUNSI request for the receipt of the written access request. Administrative Judge within 5 days of submitted to the NRC staff under these procedures.
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Day Event/Activity
0 Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10 Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: sup- porting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25 If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to re- verse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Adminis- trative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seek- ing a ruling to reverse the NRC staff’s grant of access. 30 Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sen- sitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse de- termination by the NRC staff. A + 3 Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53 (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 Decision on contention admission.
[FR Doc. 2015–03379 Filed 2–17–15; 8:45 am] DATES: Submit comments by March 20, FOR FURTHER INFORMATION CONTACT: Siva BILLING CODE 7590–01–P 2015. A request for a hearing must be P. Lingam, Office of Nuclear Reactor filed by April 20, 2015. Any potential Regulation, U.S. Nuclear Regulatory party as defined in § 2.4 of Title 10 of Commission, Washington DC 20555– NUCLEAR REGULATORY the Code of Federal Regulations (10 0001; telephone: 301–415–1564, email: COMMISSION CFR), who believes access to SUNSI is [email protected]. necessary to respond to this notice must SUPPLEMENTARY INFORMATION: request document access by March 2, [Docket Nos. 50–275, 50–323, and 72–26; I. Obtaining Information and NRC–2015–0022] 2015. Submitting Comments ADDRESSES: You may submit comments Pacific Gas and Electric Company, by any of the following methods (unless A. Obtaining Information Diablo Canyon Power Plant, Units 1 this document describes a different Please refer to Docket ID NRC–2015– and 2, and Diablo Canyon Independent method for submitting comments on a 0022 when contacting the NRC about Spent Fuel Storage Installation specific subject): the availability of information for this • Federal Rulemaking Web site: Go to AGENCY: Nuclear Regulatory action. You may obtain publicly- http://www.regulations.gov and search Commission. available information related to this for Docket ID NRC–2015–0022. Address action by any of the following methods: ACTION: License amendment application; questions about NRC dockets to Carol • Federal Rulemaking Web site: Go to opportunity to comment, request a Gallagher; telephone: 301–287–3422; http://www.regulations.gov and search hearing, and petition for leave to email: [email protected]. For for Docket ID NRC–2015–0022. intervene; order. technical questions, contact the • NRC’s Agencywide Documents individual listed in the FOR FURTHER Access and Management System SUMMARY: The U.S. Nuclear Regulatory INFORMATION CONTACT section of this (ADAMS): You may obtain publicly- Commission (NRC) is considering document. available documents online in the issuance of an amendment to Facility • Mail comments to: Cindy Bladey, ADAMS Public Documents collection at Operating License Nos. DPR–80 and Office of Administration, Mail Stop: http://www.nrc.gov/reading-rm/ DPR–82 and Special Nuclear Materials OWFN–12 H08, U.S. Nuclear Regulatory adams.html. To begin the search, select License No. SNM–2511 issued to Pacific Commission, Washington, DC 20555– ‘‘ADAMS Public Documents’’ and then Gas and Electric Company. The NRC 0001. select ‘‘Begin Web-based ADAMS proposes to determine that the For additional direction on obtaining Search.’’ For problems with ADAMS, amendment request involves no information and submitting comments, please contact the NRC’s Public significant hazards consideration. In see ‘‘Obtaining Information and Document Room (PDR) reference staff at addition, the amendment request Submitting Comments’’ in the 1–800–397–4209, 301–415–4737, or by contains Sensitive Unclassified Non- SUPPLEMENTARY INFORMATION section of email to [email protected]. The Safeguards Information (SUNSI). this document. ADAMS accession number for each
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document referenced (if it is available in devices, notwithstanding Federal, State satisfied. Therefore, the NRC staff ADAMS) is provided the first time that or local laws prohibiting such proposes to determine that the it is mentioned in the SUPPLEMENTARY possession or use. If the amendment amendment request involves no INFORMATION section. request is granted, the licenses would be significant hazards consideration. • NRC’s PDR: You may examine and modified to reflect the Commission’s The Commission is seeking public purchase copies of public documents at grant of Section 161A preemption comments on this proposed the NRC’s PDR, Room O1–F21, One authority. determination. Any comments received White Flint North, 11555 Rockville Before issuance of the proposed by March 20, 2015, will be considered Pike, Rockville, Maryland 20852. license amendment, the Commission in making any final determination. You may submit comments using any of the B. Submitting Comments will have made findings required by the Act, and the Commission’s regulations. methods discussed under the Please include Docket ID NRC–2015– The Commission has made a ADDRESSES section of this document. 0022 in your comment submission. proposed determination that the Normally, the Commission will not The NRC cautions you not to include amendment request involves no issue the amendment until the identifying or contact information that significant hazards consideration. Under expiration of 60 days after the date of you do not want to be publicly the Commission’s regulations in § 50.92, publication of this notice. The disclosed in your comment submission. this means that operation of the facility Commission may issue the license The NRC posts all comment in accordance with the proposed amendment before expiration of the 60- submissions at http:// amendment would not (1) involve a day period provided that its final www.regulations.gov as well as entering significant increase in the probability or determination is that the amendment the comment submissions into ADAMS. consequences of an accident previously involves no significant hazards The NRC does not routinely edit evaluated; or (2) create the possibility of consideration. In addition, the comment submissions to remove a new or different kind of accident from Commission may issue the amendment identifying or contact information. any accident previously evaluated; or prior to the expiration of the 30-day If you are requesting or aggregating (3) involve a significant reduction in a comment period should circumstances comments from other persons for margin of safety. As required by 10 CFR change during the 30-day comment submission to the NRC, then you should 50.91(a), the licensee has provided its period such that failure to act in a inform those persons not to include analysis of the issue of no significant timely way would result, for example, identifying or contact information that hazards consideration, which is in derating or shutdown of the facility. they do not want to be publicly presented below: Should the Commission take action disclosed in their comment submission. 1. Does the proposed change involve prior to the expiration of either the Your request should state that the NRC a significant increase in the probability comment period or the notice period, it does not routinely edit comment or consequences of an accident will publish in the Federal Register a submissions to remove such information previously evaluated? notice of issuance. Should the before making the comment The [proposed license amendment] Commission make a final No Significant submissions available to the public or requests the NRC to exercise its Hazards Consideration Determination, entering the comment submissions into preemption authority under Section any hearing will take place after ADAMS. 161A of the Atomic Energy Act of 1954, issuance. The Commission expects that the need to take this action will occur II. Introduction as amended (42 U.S.C. 2201a). The proposed amendment does not involve very infrequently. The NRC is considering issuance of an any physical changes to structures, amendment to Facility Operating III. Opportunity To Request a Hearing systems or components. and Petition for Leave To Intervene License Nos. DPR–80 and DPR–82 and Therefore, the proposed change does Special Nuclear Materials License No. not involve a significant increase in the Within 60 days after the date of SNM–2511 issued to Pacific Gas and probability or consequences of an publication of this Federal Register Electric Company (the licensee) for accident previously evaluated. notice, any person whose interest may operation of the Diablo Canyon Power 2. Does the proposed change create be affected by this proceeding and who Plant (DCPP), Units 1 and 2, located in the possibility of a new or different desires to participate as a party in the San Luis Obispo County, California, and accident from any accident previously proceeding must file a written request the Diablo Canyon Independent Spent evaluated? for hearing or a petition for leave to Fuel Storage Installation. The proposed amendment associated intervene specifying the contentions By letter dated September 24, 2013 with preemption authority does not which the person seeks to have litigated (ADAMS Accession No. ML13268A398), create the possibility of a new or in the hearing with respect to the as supplemented by letters dated different accident from any accident license amendment request. Requests December 18, 2013 (security-related), previously evaluated. for hearing and petitions for leave to and May 15, 2014 (ADAMS Accession 3. Does the proposed change involve intervene shall be filed in accordance No. ML14135A379), the licensee a significant reduction in a margin of with the NRC’s ‘‘Agency Rules of submitted an application for a license safety? Practice and Procedure’’ in 10 CFR part amendment request. The licensee is The proposed amendment associated 2. Interested person(s) should consult a requesting that the Commission grant it with preemption authority does not current copy of 10 CFR 2.309, which is preemption authority consistent with impact accident analyses, fission available at the NRC’s PDR. The NRC’s the Commission’s authority under product barriers, or margin of safety. regulations are accessible electronically Section 161A of the Atomic Energy Act Therefore, the proposed change does from the NRC Library on the NRC’s Web of 1954, as amended, (the Act), to not involve a significant reduction in a site at http://www.nrc.gov/reading-rm/ authorize the security personnel of margin of safety. doc-collections/cfr/. designated classes of licensees to The NRC staff has reviewed the As required by 10 CFR 2.309, a possess and use certain firearms, licensee’s analysis and, based on this request for hearing or petition for leave ammunition, and other devices such as review, it appears that the three to intervene must set forth with large-capacity ammunition feeding standards of 10 CFR 50.92(c) are particularity the interest of the
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petitioner in the proceeding and how participate fully in the conduct of the unless they seek an exemption in that interest may be affected by the hearing with respect to resolution of accordance with the procedures results of the proceeding. The hearing that person’s admitted contentions, described below. request or petition must specifically including the opportunity to present To comply with the procedural explain the reasons why intervention evidence and to submit a cross- requirements of E-Filing, at least 10 should be permitted, with particular examination plan for cross-examination days prior to the filing deadline, the reference to the following general of witnesses, consistent with NRC’s participant should contact the Office of requirements: (1) The name, address, regulations, policies, and procedures. the Secretary by email at and telephone number of the requestor The Atomic Safety and Licensing Board [email protected], or by telephone or petitioner; (2) the nature of the will set the time and place for any at 301–415–1677, to request (1) a digital requestor’s/petitioner’s right under the prehearing conferences and evidentiary identification (ID) certificate, which Act to be made a party to the hearings, and the appropriate notices allows the participant (or its counsel or proceeding; (3) the nature and extent of will be provided. representative) to digitally sign the requestor’s/petitioner’s property, Hearing requests or petitions for leave documents and access the E-Submittal financial, or other interest in the to intervene must be filed no later than server for any proceeding in which it is proceeding; and (4) the possible effect of 60 days from the date of publication of participating; and (2) advise the any decision or order which may be this notice. Requests for hearing, Secretary that the participant will be entered in the proceeding on the petitions for leave to intervene, and submitting a request or petition for requestor’s/petitioner’s interest. The motions for leave to file new or hearing (even in instances in which the hearing request or petition must also amended contentions that are filed after participant, or its counsel or include the specific contentions that the the 60-day deadline will not be representative, already holds an NRC- requestor/petitioner seeks to have entertained absent a determination by issued digital ID certificate). Based upon litigated at the proceeding. the presiding officer that the filing this information, the Secretary will For each contention, the requestor/ demonstrates good cause by satisfying establish an electronic docket for the petitioner must provide a specific the three factors in 10 CFR hearing in this proceeding if the statement of the issue of law or fact to 2.309(c)(1)(i)–(iii). Secretary has not already established an be raised or controverted, as well as a If a hearing is requested, the electronic docket. brief explanation of the basis for the Commission will make a final Information about applying for a contention. Additionally, the requestor/ determination on the issue of no digital ID certificate is available on the petitioner must demonstrate that the significant hazards consideration. The NRC’s public Web site at http:// issue raised by each contention is final determination will serve to decide www.nrc.gov/site-help/e-submittals/ within the scope of the proceeding and when the hearing is held. If the final getting-started.html. System is material to the findings that the NRC determination is that the amendment requirements for accessing the E- must make to support the granting of a request involves no significant hazards Submittal server are detailed in the license amendment in response to the consideration, the Commission may NRC’s ‘‘Guidance for Electronic application. The hearing request or issue the amendment and make it Submission,’’ which is available on the petition must also include a concise immediately effective, notwithstanding agency’s public Web site at http:// statement of the alleged facts or expert the request for a hearing. Any hearing www.nrc.gov/site-help/e- opinion that support the contention and held would take place after issuance of submittals.html. Participants may on which the requestor/petitioner the amendment. If the final attempt to use other software not listed intends to rely at the hearing, together determination is that the amendment on the Web site, but should note that the with references to those specific sources request involves a significant hazards NRC’s E-Filing system does not support and documents. The hearing request or consideration, then any hearing held unlisted software, and the NRC Meta petition must provide sufficient would take place before the issuance of System Help Desk will not be able to information to show that a genuine any amendment unless the Commission offer assistance in using unlisted dispute exists with the applicant on a finds an imminent danger to the health software. material issue of law or fact, including or safety of the public, in which case it If a participant is electronically references to specific portions of the will issue an appropriate order or rule submitting a document to the NRC in application for amendment that the under 10 CFR part 2. accordance with the E-Filing rule, the participant must file the document petitioner disputes and the supporting IV. Electronic Submissions (E-Filing) reasons for each dispute. If the using the NRC’s online, Web-based requestor/petitioner believes that the All documents filed in NRC submission form. In order to serve application for amendment fails to adjudicatory proceedings, including a documents through the Electronic contain information on a relevant matter request for hearing, a petition for leave Information Exchange System, users as required by law, the requestor/ to intervene, any motion or other will be required to install a Web petitioner must identify each failure and document filed in the proceeding prior browser plug-in from the NRC’s Web the supporting reasons for the to the submission of a request for site. Further information on the Web- requestor’s/petitioner’s belief. Each hearing or petition to intervene, and based submission form, including the contention must be one which, if documents filed by interested installation of the Web browser plug-in, proven, would entitle the requestor/ governmental entities participating is available on the NRC’s public Web petitioner to relief. A requestor/ under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/e- petitioner who does not satisfy these accordance with the NRC’s E-Filing rule submittals.html. requirements for at least one contention (72 FR 49139; August 28, 2007). The E- Once a participant has obtained a will not be permitted to participate as a Filing process requires participants to digital ID certificate and a docket has party. submit and serve all adjudicatory been created, the participant can then Those permitted to intervene become documents over the internet, or in some submit a request for hearing or petition parties to the proceeding, subject to any cases to mail copies on electronic for leave to intervene. Submissions limitations in the order granting leave to storage media. Participants may not should be in Portable Document Format intervene, and have the opportunity to submit paper copies of their filings (PDF) in accordance with NRC guidance
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available on the NRC’s public Web site delivery service upon depositing the potential party who believes access to at http://www.nrc.gov/site-help/e- document with the provider of the SUNSI is necessary to respond to this submittals.html. A filing is considered service. A presiding officer, having notice may request such access. A complete at the time the documents are granted an exemption request from ‘‘potential party’’ is any person who submitted through the NRC’s E-Filing using E-Filing, may require a participant intends to participate as a party by system. To be timely, an electronic or party to use E-Filing if the presiding demonstrating standing and filing an filing must be submitted to the E-Filing officer subsequently determines that the admissible contention under 10 CFR system no later than 11:59 p.m. Eastern reason for granting the exemption from 2.309. Requests for access to SUNSI Time on the due date. Upon receipt of use of E-Filing no longer exists. submitted later than 10 days after a transmission, the E-Filing system Documents submitted in adjudicatory publication of this notice will not be time-stamps the document and sends proceedings will appear in the NRC’s considered absent a showing of good the submitter an email notice electronic hearing docket which is cause for the late filing, addressing why confirming receipt of the document. The available to the public at http:// the request could not have been filed E-Filing system also distributes an email ehd1.nrc.gov/ehd/, unless excluded earlier. notice that provides access to the pursuant to an order of the Commission, C. The requester shall submit a letter document to the NRC’s Office of the or the presiding officer. Participants are requesting permission to access SUNSI General Counsel and any others who requested not to include personal to the Office of the Secretary, U.S. have advised the Office of the Secretary privacy information, such as social Nuclear Regulatory Commission, that they wish to participate in the security numbers, home addresses, or Washington, DC 20555–0001, Attention: proceeding, so that the filer need not home phone numbers in their filings, Rulemakings and Adjudications Staff, serve the documents on those unless an NRC regulation or other law and provide a copy to the Associate participants separately. Therefore, requires submission of such General Counsel for Hearings, applicants and other participants (or information. However, a request to Enforcement and Administration, Office their counsel or representative) must intervene will require including of the General Counsel, Washington, DC apply for and receive a digital ID information on local residence in order 20555–0001. The expedited delivery or certificate before a hearing request/ to demonstrate a proximity assertion of courier mail address for both offices is: petition to intervene is filed so that they interest in the proceeding. With respect U.S. Nuclear Regulatory Commission, can obtain access to the document via to copyrighted works, except for limited 11555 Rockville Pike, Rockville, the E-Filing system. excerpts that serve the purpose of the Maryland 20852. The email address for A person filing electronically using adjudicatory filings and would the Office of the Secretary and the the NRC’s adjudicatory E-Filing system constitute a Fair Use application, Office of the General Counsel are may seek assistance by contacting the participants are requested not to include [email protected] and 1 NRC Meta System Help Desk through copyrighted materials in their [email protected], respectively. the ‘‘Contact Us’’ link located on the submission. The request must include the following NRC’s public Web site at http:// Petitions for leave to intervene must information: www.nrc.gov/site-help/e- be filed no later than 60 days from the (1) A description of the licensing submittals.html, by email to date of publication of this notice. Non- action with a citation to this Federal [email protected], or by a toll- timely filings will not be entertained Register notice; (2) The name and address of the free call at 1–866–672–7640. The NRC absent a determination by the presiding potential party and a description of the Meta System Help Desk is available officer that the petition or request potential party’s particularized interest between 8 a.m. and 8 p.m., Eastern should be granted or the contentions that could be harmed by the action Time, Monday through Friday, should be admitted, based on a identified in C.(1); and excluding government holidays. balancing of the factors specified in 10 Participants who believe that they (3) The identity of the individual or CFR 2.309(c)(1)(i)–(iii). have a good cause for not submitting entity requesting access to SUNSI and Attorney for licensee: Jennifer Post, documents electronically must file an the requester’s basis for the need for the Esq., Pacific Gas and Electric Company, exemption request, in accordance with information in order to meaningfully P.O. Box 7442, San Francisco, California 10 CFR 2.302(g), with their initial paper participate in this adjudicatory 94120. filing requesting authorization to proceeding. In particular, the request Acting NRC Branch Chief: Eric R. continue to submit documents in paper must explain why publicly-available Oesterle. format. Such filings must be submitted versions of the information requested by: (1) first class mail addressed to the Pacific Gas and Electric Company, would not be sufficient to provide the Office of the Secretary of the Docket Nos. 50–275, 50–323, and 72–26, basis and specificity for a proffered Commission, U.S. Nuclear Regulatory Diablo Canyon Power Plant, Units 1 and contention. Commission, Washington, DC 20555– 2, San Luis Obispo County, California, D. Based on an evaluation of the 0001, Attention: Rulemaking and and Diablo Canyon Independent Spent information submitted under paragraph Adjudications Staff; or (2) courier, Fuel Storage Installation C.(3) the NRC staff will determine express mail, or expedited delivery within 10 days of receipt of the request Order Imposing Procedures for Access service to the Office of the Secretary, whether: to Sensitive Unclassified Non- Sixteenth Floor, One White Flint North, (1) There is a reasonable basis to 11555 Rockville Pike, Rockville, Safeguards Information for Contention believe the petitioner is likely to Maryland 20852, Attention: Rulemaking Preparation establish standing to participate in this and Adjudications Staff. Participants A. This Order contains instructions NRC proceeding; and filing a document in this manner are regarding how potential parties to this responsible for serving the document on proceeding may request access to 1 While a request for hearing or petition to all other participants. Filing is documents containing SUNSI. intervene in this proceeding must comply with the filing requirements of the NRC’s ‘‘E-Filing Rule,’’ considered complete by first-class mail B. Within 10 days after publication of the initial request to access SUNSI under these as of the time of deposit in the mail, or this notice of hearing and opportunity to procedures should be submitted as described in this by courier, express mail, or expedited petition for leave to intervene, any paragraph.
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(2) The requestor has established a provision does not extend the time for the notification by the NRC staff of its legitimate need for access to SUNSI. filing a request for a hearing and grant of access. E. If the NRC staff determines that the petition to intervene, which must If challenges to the NRC staff requestor satisfies both D.(1) and D.(2) comply with the requirements of 10 CFR determinations are filed, these above, the NRC staff will notify the 2.309. procedures give way to the normal requestor in writing that access to G. Review of Denials of Access. process for litigating disputes (1) If the request for access to SUNSI SUNSI has been granted. The written concerning access to information. The is denied by the NRC staff after a notification will contain instructions on availability of interlocutory review by determination on standing and need for how the requestor may obtain copies of the Commission of orders ruling on access, the NRC staff shall immediately the requested documents, and any other notify the requestor in writing, briefly such NRC staff determinations (whether conditions that may apply to access to stating the reason or reasons for the granting or denying access) is governed those documents. These conditions may 3 denial. by 10 CFR 2.311. include, but are not limited to, the (2) The requester may challenge the I. The Commission expects that the signing of a Non-Disclosure Agreement 2 NRC staff’s adverse determination by NRC staff and presiding officers (and or Affidavit, or Protective Order setting filing a challenge within 5 days of any other reviewing officers) will forth terms and conditions to prevent receipt of that determination with: (a) consider and resolve requests for access the unauthorized or inadvertent The presiding officer designated in this to SUNSI, and motions for protective disclosure of SUNSI by each individual proceeding; (b) if no presiding officer orders, in a timely fashion in order to who will be granted access to SUNSI. has been appointed, the Chief minimize any unnecessary delays in F. Filing of Contentions. Any Administrative Judge, or if he or she is identifying those petitioners who have contentions in these proceedings that unavailable, another administrative standing and who have propounded are based upon the information received judge, or an administrative law judge contentions meeting the specificity and as a result of the request made for with jurisdiction pursuant to 10 CFR basis requirements in 10 CFR part 2. SUNSI must be filed by the requestor no 2.318(a); or (c) officer if that officer has Attachment 1 to this Order summarizes later than 25 days after the requestor is been designated to rule on information the general target schedule for granted access to that information. access issues. processing and resolving requests under However, if more than 25 days remain H. Review of Grants of Access. A these procedures. between the date the petitioner is party other than the requester may granted access to the information and challenge an NRC staff determination It is so ordered. Dated at Rockville, Maryland, this 9th day the deadline for filing all other granting access to SUNSI whose release of February, 2015. contentions (as established in the notice would harm that party’s interest of hearing or opportunity for hearing), independent of the proceeding. Such a For the Nuclear Regulatory Commission. the petitioner may file its SUNSI challenge must be filed with the Chief Annette L. Vietti-Cook, contentions by that later deadline. This Administrative Judge within 5 days of Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day Event/Activity
0 ...... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Sup- porting the standing of a potential party identified by name and address; describing the need for the information in order for the po- tential party to participate meaningfully in an adjudicatory proceeding. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25 ...... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to re- verse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administra- tive Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the pro- ceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file mo- tion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A ...... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sen- sitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse de- termination by the NRC staff. A + 3 .... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
2 Any motion for Protective Order or draft Non- yet been designated, within 30 days of the deadline staff determinations (because they must be served Disclosure Affidavit or Agreement for SUNSI must for the receipt of the written access request. on a presiding officer or the Commission, as be filed with the presiding officer or the Chief 3 Requesters should note that the filing applicable), but not to the initial SUNSI request Administrative Judge if the presiding officer has not requirements of the NRC’s E-Filing Rule (72 FR submitted to the NRC staff under these procedures. 49139; August 28, 2007) apply to appeals of NRC
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ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day Event/Activity
A + 28 .. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53 .. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 .. (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 Decision on contention admission.
[FR Doc. 2015–03384 Filed 2–17–15; 8:45 am] A request for a hearing or petition for site-help/e-submittals.html. To ensure BILLING CODE 7590–01–P leave to intervene may be filed within timely electronic filing, at least five days thirty days after publication of this prior to the filing deadline, the notice in the Federal Register (FR). Any petitioner/requestor should contact the NUCLEAR REGULATORY request for hearing or petition for leave Office of the Secretary by email at COMMISSION to intervene shall be served by the [email protected], or by requestor or petitioner upon the calling (301) 415–1677, to request a Application for a License To Export applicant, the Office of the General High-Enriched Uranium digital ID certificate and allow for the Counsel, U.S. Nuclear Regulatory creation of an electronic docket. Pursuant to Title 10 of the Code of Commission, Washington, DC 20555; the Secretary, U.S. Nuclear Regulatory In addition to a request for hearing or Federal Regulations (10 CFR) 110.70 (b) petition for leave to intervene, written ‘‘Public Notice of Receipt of an Commission, Washington, DC 20555; comments, in accordance with 10 CFR Application,’’ please take notice that the and the Executive Secretary, U.S. 110.81, should be submitted within U.S. Nuclear Regulatory Commission Department of State, Washington, DC thirty days after publication of this (NRC) has received the following 20520. request for an export license. Copies of A request for a hearing or petition for notice in the FR to Office of the the request are available electronically leave to intervene may be filed with the Secretary, U.S. Nuclear Regulatory through the Agencywide Documents NRC electronically in accordance with Commission, Washington, DC 20555, Access and Management System and NRC’s E-Filing rule promulgated in Attention: Rulemaking and can be accessed through the Public August 2007, 72 FR 49139; August 28, Adjudications. Electronic Reading Room link http:// 2007. Information about filing The information concerning this www.nrc.gov/reading-rm.html at the electronically is available on the NRC’s application for an export license NRC Homepage. public Web site at http://www.nrc.gov/ follows.
NRC EXPORT LICENSE APPLICATION
Description of material Name of applicant, date of application, date Destination received, application No., docket No. Material type Total quantity End use
DOE/NNSA—Y–12 National Security Com- High-Enriched Ura- 121.1 kg uranium-235 To fabricate fuel at France. plex, December 18, 2014, December 23, nium (93.20%). contained in 130.0 AREVA CERCA in 2014, XSNM3757, 11006187. kg uranium. France for ultimate use in reactor fuel reload at the High Flux Reactor in France.
Dated this 10th day of February, 2015 at NUCLEAR REGULATORY www.nrc.gov/reading-rm.html at the Rockville, Maryland. COMMISSION NRC Homepage. For the U.S. Nuclear Regulatory A request for a hearing or petition for Commission. Application for a License To Export leave to intervene may be filed within High-Enriched Uranium Mugeh Afshar-Tous, thirty days after publication of this Acting Deputy Director, Office of notice in the Federal Register (FR). Any International Programs. Pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 110.70(b) request for hearing or petition for leave [FR Doc. 2015–03376 Filed 2–17–15; 8:45 am] ‘‘Public Notice of Receipt of an to intervene shall be served by the BILLING CODE 7590–01–P Application,’’ please take notice that the requestor or petitioner upon the U.S. Nuclear Regulatory Commission applicant, the Office of the General (NRC) has received the following Counsel, U.S. Nuclear Regulatory request for an export license. Copies of Commission, Washington, DC 20555; the request are available electronically the Secretary, U.S. Nuclear Regulatory through the Agencywide Documents Commission, Washington, DC 20555; Access and Management System and and the Executive Secretary, U.S. can be accessed through the Public Department of State, Washington, DC Electronic Reading Room link http:// 20520.
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A request for a hearing or petition for prior to the filing deadline, the 110.81, should be submitted within leave to intervene may be filed with the petitioner/requestor should contact the thirty days after publication of this NRC electronically in accordance with Office of the Secretary by email at notice in the FR to Office of the NRC’s E-Filing rule promulgated in [email protected], or by Secretary, U.S. Nuclear Regulatory August 2007, 72 FR 49139; August 28, calling (301) 415–1677, to request a Commission, Washington, DC 20555, 2007. Information about filing digital ID certificate and allow for the Attention: Rulemaking and electronically is available on the NRC’s creation of an electronic docket. Adjudications. public Web site at http://www.nrc.gov/ In addition to a request for hearing or The information concerning this site-help/e-submittals.html. To ensure petition for leave to intervene, written application for an export license timely electronic filing, at least five days comments, in accordance with 10 CFR follows.
NRC EXPORT LICENSE APPLICATION
Description of material Name of applicant, date of application, date Destination received, application No., docket No. Material type Total quantity End use
DOE/NNSA—Y–12 National Security Com- High-Enriched Ura- 134.2 kg uranium-235 To fabricate fuel at Belgium. plex, December 18, 2014, December 23, nium (93.20%). contained in 144.0 AREVA CERCA in 2014, XSNM3758, 11006188. kg uranium. France for ultimate use in Belgian Nu- clear Research Center for BR–2 re- actor fuel load.
For The U.S. Nuclear Regulatory Personnel Rules and Practices be held PENSION BENEFIT GUARANTY Commission. with less than one week notice to the CORPORATION Dated this 10th day of February, 2015 at public. The meeting is scheduled on Rockville, Maryland. February 18, 2015. Multiemployer Pension Reform Act of Mugeh Afshar-Tous, * * * * * 2014; Partitions of Eligible Acting Deputy Director, Office of Multiemployer Plans and Facilitated International Programs. The NRC Commission Meeting Mergers [FR Doc. 2015–03374 Filed 2–17–15; 8:45 am] Schedule can be found on the Internet AGENCY: Pension Benefit Guaranty BILLING CODE 7590–01–P at: http://www.nrc.gov/public-involve/ public-meetings/schedule.html. Corporation. * * * * * ACTION: Request for Information. NUCLEAR REGULATORY The NRC provides reasonable COMMISSION SUMMARY: This document is a request for accommodation to individuals with information (RFI) to inform future PBGC [NRC–2015–0001] disabilities where appropriate. If you guidance under sections 4231 and 4233 need a reasonable accommodation to of ERISA. PBGC is seeking comments Sunshine Act Meeting Notice participate in these public meetings, or from all interested stakeholders, need this meeting notice or the DATE: Week of February 16, 2015. including multiemployer plan transcript or other information from the participants and beneficiaries, PLACE: Commissioners’ Conference public meetings in another format (e.g. organizations serving or representing Room, 11555 Rockville Pike, Rockville, braille, large print), please notify such individuals, multiemployer plan Maryland. Kimberly Meyer, NRC Disability sponsors and professional advisors, STATUS: Public and Closed. Program Manager, at 301–287–0727, by contributing employers, unions, and Week of February 16, 2015 videophone at 240–428–3217, or by other interested parties. email at Kimberly.Meyer-Chambers@ DATES: Comments must be received on Wednesday, February 18, 2015 nrc.gov. Determinations on requests for or before April 6, 2015. reasonable accommodation will be 2:30 p.m. Discussion of Internal ADDRESSES: Comments may be made on a case-by-case basis. Personnel Rules and Practices (Closed— submitted by any of the following Ex. 2 & 9) * * * * * methods: * * * * * Members of the public may request to • Federal eRulemaking Portal: http:// The schedule for Commission receive this information electronically. www.regulations.gov. Follow the Web meetings is subject to change on short If you would like to be added to the site instructions for submitting notice. For more information or to verify distribution, please contact the Nuclear comments. the status of meetings, contact Glenn Regulatory Commission, Office of the • Email: [email protected]. Ellmers at 301–415–0442 or via email at Secretary, Washington, DC 20555 (301– • Fax: 202–326–4224. [email protected]. 415–1969), or email • Mail or Hand Delivery: Regulatory * * * * * [email protected] or Affairs Group, Office of the General [email protected]. Counsel, Pension Benefit Guaranty Additional Information Corporation, 1200 K Street NW., Dated: February 13, 2015. By a vote of 4–0 on February 12, 2015, Washington, DC 20005–4026. the Commission determined pursuant to Glenn Ellmers, All materials submitted will be shared U.S.C. 552b(e) and ’9.107(a) of the Policy Coordinator, Office of the Secretary. with the Department of the Treasury Commission’s rules that the above [FR Doc. 2015–03429 Filed 2–13–15; 4:15 pm] and the Department of Labor. Comments referenced Discussion of Internal BILLING CODE 7590–01–P received, including personal
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information provided, will be posted to Appropriations Act, 2015, Public Law ‘‘eligible multiemployer plan’’ for www.pbgc.gov. Copies of comments may 113–235 (MPRA). The first is section purposes of section 4233 of ERISA: also be obtained by writing to 122 of MPRA, which replaced the 1. Section 4233(b)(1) provides that the Disclosure Division, Office of the multiemployer partition rules under plan must be in critical and declining General Counsel, Pension Benefit section 4233 of ERISA with new rules. status as defined in section 305 of Guaranty Corporation, 1200 K Street, The second is section 121 of MPRA, ERISA (section 432 of the Internal NW., Washington, DC 20005–4026 or which added a new provision to the Revenue Code (Code)). calling 202–326–4040 during normal multiemployer merger rules under 2. Under section 4233(b)(2), PBGC business hours. (TTY and TDD users section 4231 of ERISA. Below is a must determine, after consultation with may call the Federal relay service toll- summary of those rules. the Participant and Plan Sponsor free at 1–800–877–8339 and ask to be Partitions of Eligible Multiemployer Advocate selected under section 4004, connected to 202–326–4040.) Plans Under MPRA that the plan sponsor has taken (or is FOR FURTHER INFORMATION CONTACT: taking concurrently with an application Joseph J. Shelton (shelton.joseph@ Before MPRA, PBGC could partition a for partition) all reasonable measures to pbgc.gov), Office of the General Counsel, multiemployer plan likely to become avoid insolvency, including the at 202–326–4000, ext. 6559, or insolvent on its own accord or upon maximum benefit suspensions under Constance Markakis application by a plan sponsor. In either section 305(e)(9) of ERISA (section ([email protected]), Office case, however, partition was only 432(e)(9) of the Code), if applicable. of Negotiations and Restructuring, at available in certain limited 3. Under section 4233(b)(3), PBGC 202–326–4000, ext. 6779; (TTY/TDD circumstances involving employer must reasonably expect that: (A) users may call the Federal relay service bankruptcies, and the liabilities Partition will reduce PBGC’s expected toll-free at 1–800–877–8339 and ask to transferred were those directly long-term loss with respect to the plan; be connected to 202–326–4024.) attributable to service with bankrupt and (B) partition is necessary for the SUPPLEMENTARY INFORMATION: employers. Under the partition order, plan to remain solvent. those liabilities and an equitable share 4. Under section 4233(b)(4), PBGC Background of assets were transferred to a new plan must certify to Congress that its ability The Pension Benefit Guaranty created by the partition (which was both to meet existing financial assistance Corporation (PBGC) is a Federal a terminated plan and a successor plan obligations to other plans (including any corporation created under the Employee under Title IV of ERISA), at which point liabilities associated with Retirement Income Security Act of 1974 the original plan was no longer multiemployer plans that are insolvent (ERISA) to guarantee the payment of responsible for the transferred or that are projected to become pension benefits earned by more than 41 liabilities.1 Section 122 of MPRA insolvent within 10 years) will not be million American workers and retirees replaced this framework with new rules impaired by the partition. in nearly 24,000 private-sector defined under section 4233 of ERISA. 5. Section 4233(b)(5) requires that the benefit pension plans. PBGC Section 4233(a)(1), as amended by cost of the partition to the PBGC arising administers two insurance programs— MPRA, provides that upon the from the partition be paid exclusively one for single-employer defined benefit application by the plan sponsor of an from PBGC’s multiemployer fund. pension plans and a second for ‘‘eligible multiemployer plan,’’ PBGC Upon approval by PBGC, section multiemployer defined benefit pension may order a partition. The statute 4233(c) requires that the order of plans. requires PBGC to make a determination partition provide for a transfer of the The multiemployer program protects on an application for partition not later minimum amount of liabilities benefits of approximately 10 million than 270 days after the date the necessary for the transferring plan (i.e., workers and retirees in approximately application was filed (or, if later, the the original plan) to remain solvent. 1,400 plans. A multiemployer plan is a date the application was completed) in Under sections 4233(d)(1) and (2), the collectively bargained pension accordance with regulations to be benefits in the plan created by the arrangement involving two or more promulgated by PBGC. Under section partition (the successor plan) are subject unrelated employers, usually in a 4233(a)(2), the plan sponsor must to the multiemployer benefit guarantee common industry, such as construction provide notice of the application for limits under section 4022A, and the or trucking, where workers may move partition to participants and plan sponsor and administrator of the from employer to employer on a regular beneficiaries (in the form and manner original plan will also be the plan basis. prescribed by regulation) not later than sponsor and administrator of the Under PBGC’s multiemployer 30 days after submitting an application. successor plan. program, when a plan becomes Because regulations are required to Section 4233(d)(3) prescribes special insolvent, PBGC provides financial implement section 4233 of ERISA, withdrawal liability rules that apply for assistance directly to the insolvent plan including the procedures for the plan 10 years following the date of the sufficient to pay guaranteed benefits to sponsor to submit an application for partition order. In the event an participants and beneficiaries, and the partition, PBGC has determined that a employer withdraws from the plan that reasonable and necessary administrative plan sponsor may submit an application was partitioned (the original plan) expenses of the insolvent plan. for partition only on or after a date to within 10 years of the partition, The focus of this RFI is on two new be specified in regulations. withdrawal liability is computed with statutory provisions regarding respect to the original plan and the plan Section 4233(b) prescribes five multiemployer partitions and mergers that was created by the partition order requirements that must be satisfied for that apply only to multiemployer (the successor plan). If the withdrawal PBGC to determine that a plan is an pension plans. The provisions were occurs more than 10 years after the date enacted on December 16, 2014, as part of the partition order, withdrawal 1 Upon plan insolvency, PBGC provided the liability is computed only with respect of the Multiemployer Pension Reform terminated plan with financial assistance to cover Act of 2014, Division O of the the cost of PBGC-guaranteed benefits and to the original plan (and not with Consolidated and Further Continuing reasonable and necessary administrative expenses. respect to the successor plan).
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Section 4233(e)(1) prescribes a • The transaction is not reasonably concurrently with an application for continuing payment obligation that expected to be adverse to the overall benefit suspension to the Department of applies to the plan that was partitioned interests of the participants and the Treasury, comments relating to the (the original plan), which requires it to beneficiaries of any of the plans. interaction between these provisions are pay a monthly benefit to each For purposes of section 4231(e), especially welcome. PBGC is not, participant and beneficiary whose ‘‘facilitation’’ may include training, however, seeking comments on section guaranteed benefit was transferred to technical assistance, mediation, 432(e)(9) of the Code or any other the successor plan in the amount by communication with stakeholders, and provision of MPRA. which the benefit that would be paid support with related requests to other The Department of the Treasury is under the original plan’s terms (after government agencies. issuing its own RFI seeking comments taking into account any benefit Section 4231(e)(2) prescribes four on certain matters that may be suspensions under section 432(e)(9) of requirements that must be satisfied for addressed in future guidance the Code and any plan amendments PBGC to provide financial assistance. implementing section 432(e)(9) of the following the partition effective date) Specifically, the statute provides that to Code. PBGC and the Department of the exceeds the PBGC-guaranteed benefit facilitate a merger that PBGC determines Treasury intend to coordinate on the amount for that person.2 is necessary to enable one or more of the development of their processes as a Section 4233(e)(3) sets forth a special plans involved to avoid or postpone result of these RFIs. premium rule that applies to the plan insolvency, PBGC may provide financial that was partitioned (the original plan), assistance only if the following Issues Affecting Both Partitions and which requires it to pay the premiums conditions are met: Facilitated Mergers • One or more of the multiemployer for the participants whose benefits were 1. Application Process: With respect plans participating in the merger is in transferred to the successor plan for to MPRA’s changes to the rules critical and declining status as defined each year during the 10-year period governing mergers and partitions under in section 305 of ERISA (section 432 of following the partition effective date. sections 4231 and 4233 of ERISA, Finally, section 4233(f) provides notice the Code); • PBGC reasonably expects that: (i) respectively, on which aspects of the requirements that apply to PBGC (not application process would guidance be plan sponsors). Such financial assistance will reduce the corporation’s expected long-term needed or helpful? Facilitated Mergers and Financial loss with respect to the plans involved; 2. PBGC Determinations: With respect Assistance Under MPRA and (ii) such financial assistance is to a PBGC determination under section 4233(b)(3) that a partition is necessary Section 121 of MPRA amends, but necessary for the merged plan to become for a plan to remain solvent, or in the does not replace, the existing or remain solvent; • case of a facilitated merger involving multiemployer merger rules under PBGC certifies that its ability to financial assistance under section section 4231. Specifically, it adds meet existing financial assistance 4231(e)(2)(B) that financial assistance is section 4231(e), which gives PBGC new obligations to other plans will not be necessary for a merged plan to become statutory authority to facilitate the impaired by such financial assistance; and or remain solvent: merger of two or more multiemployer • • plans if certain requirements are met. In PBGC financial assistance is paid What types of actuarial and plan contrast to the partition rule discussed exclusively from its multiemployer administrative information and analysis above, a regulation is not required to fund. are available to demonstrate that a implement section 4231(e). Request for Information partition or facilitated merger of the plan is necessary to remain solvent? Nevertheless, PBGC is considering PBGC is requesting information from issuing guidance under that section so • What issues arise in demonstrating stakeholders on a range of issues solvency over an extended duration? that applicants have advance notice of regarding the application process for the expected showing they must make partitions and facilitated mergers to 3. Small Plans: What special concerns to demonstrate satisfaction of the new better inform its future guidance under do small multiemployer plans and their statutory criteria. sections 121 and 122 of MPRA. sponsors have regarding partition and Section 4231(e)(1) provides that when PBGC welcomes comments from all facilitated mergers? requested to do so by the plan sponsors, interested stakeholders, including 4. Participants and Beneficiaries: PBGC may take such actions as it deems participants and beneficiaries, What special concerns do participants appropriate to promote and facilitate the organizations serving or representing and beneficiaries in multiemployer merger of two or more multiemployer such individuals, plan sponsors and plans have regarding the process for plans if it determines, after consultation professional advisors to multiemployer considering applications for partition with the Participant and Plan Sponsor plans (including those in the actuarial and facilitated mergers? Advocate, that the following conditions and legal communities), contributing Issues Affecting Partitions Only are met: employers, unions, and other interested • The transaction is in the interests of parties. In responding, please provide as 5. Notice: With respect to the the participants and beneficiaries of at much specificity and detail as possible, requirement under section 4233(a)(2) to least one of the plans; and as well as any supporting provide notice to participants and documentation, including research and beneficiaries not later than 30 days after 2 In addition, under section 4233(e)(2), in the analyses, to ensure that we have the submitting the application for partition: event the original plan provides a benefit • How can PBGC reduce the burden improvement after the effective date of the most helpful information for future partition, the plan must pay to PBGC for each year guidance. Recognizing the linkage of providing the notice under current during the 10-year period following the partition, between MPRA’s partition rules and the law, while still providing important an annual amount equal to the value of the increase benefit suspension rules under section information to participants and in benefit payments for such year attributable to the 432(e)(9) of the Code, and the possibility beneficiaries? Should PBGC consider benefit improvement (or, if less, the total benefit payments from the plan created by the partition for that a plan sponsor may apply to PBGC issuing a model notice in future such year). for a partition (or facilitated merger) guidance?
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• What type(s) of information would that any suspensions of benefits, in the Issues Affecting Facilitated Mergers participants and beneficiaries find most aggregate (and, if applicable, considered Only helpful? in combination with a partition of the • Given that the amount of liabilities plan under section 4233 of ERISA), shall 10. Technical Assistance: MPRA required to be transferred in a partition be reasonably estimated to achieve, but provides a non-exclusive list of the may not be known at the time notice is not materially exceed, the level that is types of non-financial assistance that issued, how should the notice reflect the necessary to avoid insolvency. PBGC may provide in the context of a requirements of section 4233(e)(1), facilitated merger (e.g., training, 8. Transferred Liabilities: Prior to which ensure that affected participants MPRA, PBGC’s partition order would technical assistance, mediation, and beneficiaries will receive no less provide for a transfer of no more than communication with stakeholders, and than they would have received prior to support with related requests to other the partition (taking into account benefit the non-forfeitable benefits directly attributable to service with the bankrupt government agencies). For purposes of a suspensions under section 305(e)(9) and facilitated merger, which of these types any plan amendments following the employer and an equitable share of assets. In contrast, under section of assistance would plan sponsors and partition effective date)? professional advisors find most helpful? 6. PBGC Determination: For purposes 4233(c), the partition order will provide Are there other examples of non- of the requirement under section for a transfer of the minimum amount of 4233(b) that PBGC determine, in the plan’s liabilities necessary for the financial technical advice that would consultation with the Participant and plan to remain solvent. In addition, help facilitate multiemployer mergers? Plan Sponsor Advocate, that the plan section 4233(e)(1) prescribes a 11. PBGC Determination: For sponsor has taken (or is taking continuing payment obligation that purposes of the facilitated merger concurrently with an application for applies to the plan that was partitioned requirement under section 4231(e)(1) partition), all reasonable measures to (the original plan). that PBGC determine, in consultation avoid insolvency, including the • What types of actuarial and with the Participant and Plan Sponsor maximum benefit suspensions under administrative information and data do Advocate, that the transaction is in the section 432(e)(9) of the Code: multiemployer plans generally maintain interests of the participants and • What actuarial, economic, industry, that would allow PBGC to determine the beneficiaries of at least one of the plans or other information could a plan minimum amount of the plan’s and is not reasonably expected to be sponsor provide to make such a liabilities necessary for the plan to adverse to the overall interests of the showing? What information or analysis remain solvent? participants and beneficiaries of the might be difficult to provide? • • With respect to the consultation What administrative or operational plans: process under section 4233(b)(2), how issues (e.g., recordkeeping, benefit • What actuarial, economic, industry, can the Participant and Plan Sponsor processing, allocation of expenses) arise or other information could the plan Advocate best assist PBGC in making its in connection with this change? sponsors of the plans involved in the determination under this section? • Are there additional issues that proposed merger provide to make such 7. Concurrent Applications: What arise with respect to the transfer of the a showing? practical issues do plan sponsors and plan’s liabilities for particular groups of • With respect to the consultation their professional advisors anticipate individuals? process under section 4231(e)(1), how may arise in connection with a decision 9. Post-Partition: With respect to can the Participant and Plan Sponsor to submit combined applications for issues that might arise post-partition: partition to PBGC under section 4233 of Advocate best assist PBGC in making its ERISA, and suspension of benefits to the • What kinds of administrative or determination under this section? Department of Treasury under section operational issues (e.g., recordkeeping, 12. Concurrent Applications: What 432 of the Code? In responding to this benefit processing, allocation of procedural issues do plan sponsors and question, consider the following: expenses, the original plan’s ongoing their professional advisors anticipate in • Timing: With respect to an payment obligations under section connection with a decision to request application for partition, PBGC is 4231(e)(1)) might arise post-partition for assistance from PBGC for a facilitated required to make a determination not plan sponsors? merger under section 4231(e) of ERISA, later than 270 days after the application • What issues or challenges do plan concurrently with an application for date (or, if later, the date such sponsors and their professional advisors suspension of benefits from the application was completed). With anticipate in connection with the Department of Treasury under section respect to an application for suspension special withdrawal liability rule under 432(e)(9) of the Code? of benefits, the Treasury Secretary (in section 4233(d)(3), which applies for a Although PBGC is specifically consultation with PBGC and the 10-year period following the partition requesting comments on the issues and Secretary of Labor) is required to effective date? approve or deny an application within questions discussed above, PBGC also • What issues or challenges do plan 225 days after submission. invites comment on any other issue • Effective Date: With respect to a sponsors and their professional advisors relating to the application process for concurrent application for partition and anticipate in connection with the partitions and facilitated mergers under suspensions of benefits, the suspension special benefit improvement and sections 121 and 122 of MPRA. of benefits may not take effect prior to premium rules under sections 4233(e)(2) and (3) of ERISA, which apply for a 10- Issued in Washington, DC, this 13th day of the effective date of such partition. February 2015. • Solvency: Under section 4233(c), year period following the partition the amount to be transferred in a effective date? Alice C. Maroni, partition is the minimum amount of the • Is there a need for additional post- Acting Director, Pension Benefit Guaranty plan’s liabilities necessary for the plan partition oversight by PBGC to ensure Corporation. to remain solvent. Section compliance with MPRA’s post-partition [FR Doc. 2015–03434 Filed 2–17–15; 8:45 am] 432(e)(9)(D)(iv) of the Code provides requirements, and if so, in what areas? BILLING CODE 7709–02–P
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SECURITIES AND EXCHANGE ‘‘Act’’),1 and Rule 19b–4 thereunder,2 below. Earlier this year, the Exchange COMMISSION notice is hereby given that on January and its affiliate, EDGA Exchange, Inc. 30, 2015, EDGX Exchange, Inc. (the (‘‘EDGA’’), received approval to effect a Sunshine Act Meeting ‘‘Exchange’’ or ‘‘EDGX’’) filed with the merger (the ‘‘Merger’’) of the Exchange’s Securities and Exchange Commission parent company, Direct Edge Holdings Notice is hereby given, pursuant to (‘‘Commission’’) the proposed rule LLC, with BATS Global Markets, Inc., the provisions of the Government in the change as described in Items I and II the parent of BZX and BYX (together Sunshine Act, Public Law 94–409, that below, which Items have been prepared with BZX, EDGA, and EDGX, the ‘‘BGM the Securities and Exchange by the Exchange. The Exchange has Affiliated Exchanges’’).5 In the context Commission will hold a Closed Meeting designated this proposal as a ‘‘non- of the Merger, the BGM Affiliated on Thursday, February 19, 2015 at 2:00 controversial’’ proposed rule change Exchanges are working to align certain p.m. pursuant to Section 19(b)(3)(A) of the system and regulatory functionality, Commissioners, Counsel to the Act 3 and Rule 19b–4(f)(6)(iii) retaining only intended differences Commissioners, the Secretary to the thereunder,4 which renders it effective between the BGM Affiliated Exchanges. Commission, and recording secretaries upon filing with the Commission. The Thus, the proposal set forth below is will attend the Closed Meeting. Certain Commission is publishing this notice to intended to amend Rules 1.5, 2.3, 2.5, staff members who have an interest in solicit comments on the proposed rule and 2.6 to make such Rules the matters also may be present. change from interested persons. substantively identical to corresponding The General Counsel of the rules on BZX and BYX 6 related to I. Self-Regulatory Organization’s Commission, or her designee, has registration requirements in order to Statement of the Terms of Substance of certified that, in her opinion, one or provide a consistent regulatory the Proposed Rule Change more of the exemptions set forth in 5 approach across each of the BGM U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) The Exchange filed a proposal to Affiliated Exchanges.7 and 17 CFR 200.402(a)(3), (5), (7), 9(ii) amend Rules 1.5, 2.3, 2.5, and 2.6 Currently, Rule 1.5(n) defines the and (10), permit consideration of the related to the registration requirements term ‘‘Member’’ as meaning any scheduled matter at the Closed Meeting. for Members of the Exchange. registered broker or dealer, or any Commissioner Piwowar, as duty The text of the proposed rule change person associated with a registered officer, voted to consider the items is available at the Exchange’s Web site broker or dealer, that has been admitted listed for the Closed Meeting in closed at www.batstrading.com, at the to membership in the Exchange. A session. principal office of the Exchange, and at Member will have the status of a The subject matter of the Closed the Commission’s Public Reference ‘‘member’’ of the Exchange as that term Meeting will be: Room. is defined in Section 3(a)(3) of the Act. Institution and settlement of II. Self-Regulatory Organization’s The Exchange is proposing, however, to injunctive actions; delete ‘‘or any person associated with a Institution and settlement of Statement of the Purpose of, and Statutory Basis for, the Proposed Rule registered broker or dealer’’ from the administrative proceedings; and rule text, as such phrase is not Other matters relating to enforcement Change contained in corresponding BZX and proceedings. In its filing with the Commission, the BYX rules (i.e., Rule 1.5(n)) and because At times, changes in Commission Exchange included statements priorities require alterations in the the Exchange no longer believes that concerning the purpose of and basis for this language is necessary. The scheduling of meeting items. the proposed rule change and discussed For further information and to Exchange is also proposing to amend any comments it received on the the rule text such that Membership may ascertain what, if any, matters have been proposed rule change. The text of these added, deleted or postponed, please be granted to a sole proprietor, statements may be examined at the partnership, corporation, limited contact the Office of the Secretary at places specified in Item IV below. The (202) 551–5400. liability company or other organization Exchange has prepared summaries, set which is a registered broker or dealer Dated: February 12, 2015. forth in Sections A, B, and C below, of pursuant to Section 15 of the Act, and Brent J. Fields, the most significant parts of such which has been approved by the Secretary. statements. Exchange, language which is currently [FR Doc. 2015–03405 Filed 2–13–15; 11:15 am] A. Self-Regulatory Organization’s included in Rule 2.3(a), which, as BILLING CODE 8011–01–P Statement of the Purpose of, and described below, the Exchange is Statutory Basis for, the Proposed Rule proposing to delete in order to further Change align Exchange rules with BZX and BYX SECURITIES AND EXCHANGE 1.5(n). COMMISSION 1. Purpose The Exchange is also proposing to [Release No. 34–74255; File No. SR–EDGX– The Exchange proposes to amend the delete the definition of ‘‘Principal’’ from 2015–06] various Exchange rules related to the Rule 1.5(t), which will instead be registration requirements on the defined in the proposed changes to Self-Regulatory Organizations; EDGX Exchange in order to make the paragraph (d) of Interpretation and Exchange, Inc.; Notice of Filing and Exchange’s registration requirements Policy .01 to Rule 2.5, which are further Immediate Effectiveness of a Proposed substantively identical to the described below. Currently, the term Rule Change to Rules 1.5, 2.3, 2.5, and corresponding rules on BATS Exchange, 2.6 Related to the Registration Inc. (‘‘BZX’’) and BATS Y–Exchange, 5 See Securities Exchange Act Release No. 71449 Requirements for Members of EDGX Inc. (‘‘BYX’’), as further described (January 30, 2014), 79 FR 6961 (February 5, 2014) (SR–EDGX–2013–043; SR–EDGA–2013–034). Exchange, Inc. 6 See BZX and BYX Rules 1.5, 2.3, 2.5, and 2.6. 1 15 U.S.C. 78s(b)(1). 7 The Exchange notes that EDGA intends to file February 11, 2015. 2 17 CFR 240.19b–4. a proposal very similar to this proposal that will Pursuant to Section 19(b)(1) of the 3 15 U.S.C. 78s(b)(3)(A). align the rules related to registration requirements Securities Exchange Act of 1934 (the 4 17 CFR 240.19b–4(f)(6)(iii). across each of the BGM Affiliated Exchanges.
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principal means persons associated with Exchange Rule 1.5(n) to conform such administrative personnel from Exchange a member who are actively engaged in Rule with BZX and BYX Rule 1.5(n). registration requirements because the management of the member’s The Exchange is also proposing to Exchange Rules, either in their current securities business, including delete Rules 2.3(b), (c), and (d), entitled form or as amended, do not state or supervision, solicitation, conduct of ‘‘Registration Requirements,’’ imply that such personnel are required business or the training of persons ‘‘Registration of Principals,’’ and to register with the Exchange. The associated with a Member for any of ‘‘Persons Exempt from Registration’’ and Exchange’s registration rules instead these functions. Such persons shall replace them with proposed new Rule require registration with the Exchange include sole proprietors, officers, 2.5 Interpretation and Policy .01 (d) of Authorized Traders as well as those partners, managers of business offices through (i) and Rule 2.6(g), effectively personnel responsible for supervision of engaged in such functions, and directors moving the requirements from Rule 2.3 such personnel and the supervision of a of corporations. The Exchange is to Rules 2.5 and 2.6, making the Member firm more generally (i.e., a proposing to add the text ‘‘(Reserved)’’ Exchange Rules consistent with those of firm’s Chief Compliance Officer and BZX and BYX. The Exchange notes that, to the rule text in order to maintain the Financial/Operations Principal). except as stated below, there are no The Exchange is also proposing to current paragraph numbering within substantive differences between the make certain amendments to Rule 2.5 in Rule 1.5. The proposed new definition language that the Exchange is proposing order to conform with BZX and BYX for principal will be discussed below. to delete in Rules 2.3(b), (c), and (d) that Rule 2.5. Specifically, the Exchange is The Exchange intends to consolidate is not otherwise being proposed to be proposing to amend Interpretation and its registration requirements in Rule 2.5 added back in the amendments to Rule Policy .03 to Rule 2.5, to conform the in order to align the rule with BZX and 2.5 Interpretation and Policy .01 (d) numbering of such Interpretation and BYX Rule 2.5. Accordingly, the through (i) and Rule 2.6(g). The only Policy to BZX and BYX Rule 2.5, Exchange is also proposing to make material differences between the Interpretation and Policy .01(c). As several changes to Rule 2.3, currently Exchange’s current rules and the such, the Exchange is proposing that titled ‘‘Member Eligibility & proposed rules are as follows: (i) as such paragraph state that the Exchange Registration’’, which will also make the proposed, the Exchange would accept requires the General Securities Rule consistent with BZX and BYX Rule the New York Stock Exchange Series 14 Representative Examination or an 2.3. First, consistent with this Compliance Official Examination in lieu equivalent foreign examination module consolidation, the Exchange is of the Series 24 to satisfy the approved by the Exchange in qualifying proposing to delete ‘‘& Registration’’ requirement for any person designated persons seeking registration as general from the title of Rule 2.3, which is also as a Chief Compliance Officer, which it securities representatives, including as consistent with BZX and BYX Rule 2.3. currently does not; and (ii) as proposed, Authorized Traders on behalf of The Exchange is also proposing to the Exchange would permit the Series Members. For those persons seeking amend Rule 2.3(a), which currently 56 as a prerequisite to the Series 24 or limited registration as Proprietary states that ‘‘Except as hereinafter Series 14 for those Principals whose Traders as described in proposed provided, any broker or dealer supervisory responsibilities are limited paragraph (f), the Exchange requires the registered pursuant to Section 15 of the to overseeing the activities of Proprietary Traders Qualification Act, that is and remains a member of proprietary traders instead of requiring Examination. The Exchange uses the another registered national securities the Series 7 for all principals. The Uniform Application for Securities exchange or association (other than or in Exchange also notes that, as proposed, Industry Registration or Transfer as part addition to the Exchange’s affiliates— Rule 2.5 Interpretation and Policy .01(e) of its procedure for registration and BATS Exchange, Inc., BATS Y– would allow the Exchange to waive the oversight of Member personnel. The Exchange, Inc., or EDGX Exchange, Financial/Operations Principal changes do not substantively modify the requirements where a Member has Inc.), or any person associated with operation of Interpretation and Policy satisfied the financial and operational .03, but rather, serve to modify the such a registered broker or dealer, shall requirements of the Member’s numbering of the provision be eligible to be and to remain a designated examining authority (renumbering it as paragraph (c) of Member. Membership may be granted to applicable to registration, a provision Interpretation and Policy .01), update a sole proprietor, partnership, which the Exchange has proposed to internal cross-references, and modify corporation, limited liability company include because the Exchange is not the the language of the provision to align or other organization or individual that designated examining authority for any with that contained within BZX and has been approved by the Exchange.’’ of its Members and requires all of its BYX Rule 2.5, Interpretation and Policy The Exchange is proposing to amend Members to be a member of at least one .01(c). Rule 2.3(a) to read: ‘‘Except as other national securities association or Finally, the Exchange is proposing to hereinafter provided, any registered national securities exchange (excluding make certain non-substantive changes broker or dealer that is and remains a other BGM Affiliated Exchanges).8 The including the deletion of paragraphs (1) member of another registered national Exchange does not believe that not through (4) of Interpretation and Policy securities exchange or association (other including certain exemptions currently .03 to Rule 2.5, along with the entirety than or in addition to the Exchange’s existing within Rules 2.3(b) and (c) are of Interpretation and Policy .04, .05, and affiliates—BATS Exchange, Inc., BATS substantive differences because the .06 to Rule 2.5 and replacing them with Y–Exchange, Inc., or EDGX Exchange, Exchange believes that, while not the language from the corresponding Inc.), or any person associated with necessarily presented as exemptions to BZX and BYX rules contained within such a registered broker or dealer, shall Exchange Rules, such language is proposed Interpretation and Policy .02 be eligible to be and to remain a otherwise covered by proposed Rule 2.5 (‘‘Continuing Education Member,’’ which will make such Rule Interpretation and Policy .01. For Requirements’’), .03 (‘‘Registration substantively identical to that of both instance, the Exchange does not believe Procedures’’), and .04 (‘‘Termination of BZX and BYX Rule 2.3(a). As described it needs to exempt clerical or Employment’’) to Rule 2.5. Such above, the Exchange has proposed to proposed language is substantively add substantially similar language to 8 See Exchange Rule 2.3. identical to the existing Exchange rules
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and constitutes a reorganization of rule perfect the mechanism of a free and investors, or otherwise in furtherance of text designed to harmonize the structure open market and a national market the purposes of the Act. If the of the rules across each of the BGM system. Commission takes such action, the Affiliated Exchanges rather than to Similarly, the Exchange also believes Commission shall institute proceedings materially amend any Exchange Rules. that, by harmonizing the rules and to determine whether the proposed rule The Exchange is also proposing to registration requirements across each should be approved or disapproved. change the numbering and adding [sic] BGM Affiliated Exchange, the proposal titles in several of the Interpretations will enhance the Exchange’s ability to IV. Solicitation of Comments and Policies to Rule 2.5 to increase fairly and efficiently regulate its Interested persons are invited to clarity in the proposed rules. Members, meaning that the proposed submit written data, views, and The Exchange notes that there are rule change is equitable and will arguments concerning the foregoing, certain additional differences between promote fairness in the market place. including whether the proposed rule the rules proposed herein and those of Finally, the Exchange believes that change is consistent with the Act. BZX that relate to registration for the non-substantive changes discussed Comments may be submitted by any of options trading because BZX has an above will contribute to the protection the following methods: options trading platform and thus has of investors and the public interest by Electronic Comments certain registration requirements that do helping to avoid confusion with respect not apply to the Exchange. Similar to to Exchange rules. • Use the Commission’s Internet the proposed rules proposed for the comment form (http://www.sec.gov/ B. Self-Regulatory Organization’s Exchange, BYX has no such registration rules/sro.shtml); or Statement on Burden on Competition requirements because it also does not • Send an email to rule-comments@ have an options trading platform. The Exchange does not believe that sec.gov. Please include File Number SR– The Exchange is proposing to the proposed rule change will impose EDGX–2015–06 on the subject line. implement the proposed changes on any burden on competition not March 2, 2015. necessary or appropriate in furtherance Paper Comments • 2. Statutory Basis of the purposes of the act. To the Send paper comments in triplicate contrary, allowing the Exchange to to Secretary, Securities and Exchange The Exchange believes that the rule implement substantively identical Commission, 100 F Street NE., change proposed in this submission is registration rules across each of the Washington, DC 20549–1090. consistent with the requirements of the BGM Affiliated Exchanges does not All submissions should refer to File Act and the rules and regulations present any competitive issues, but thereunder that are applicable to a Number SR–EDGX–2015–06. This file rather is designed to provide greater number should be included on the national securities exchange, and, in harmonization among Exchange [sic], particular, with the requirements of subject line if email is used. To help the BYX, EDGA, and EDGX rules of similar Commission process and review your Section 6(b) of the Act.9 Specifically, purpose, resulting in less burdensome comments more efficiently, please use the proposed change is consistent with and more efficient regulatory only one method. The Commission will Section 6(b)(5) of the Act,10 because it compliance for common members of the post all comments on the Commission’s is designed to promote just and BGM Affiliated Exchanges and an Internet Web site (http://www.sec.gov/ equitable principles of trade, to remove enhanced ability of the BGM Affiliated rules/sro.shtml). Copies of the impediments to, and perfect the Exchanges to fairly and efficiently submission, all subsequent mechanism of, a free and open market regulate members, which will further amendments, all written statements and a national market system, and, in enhance competition. with respect to the proposed rule general, to protect investors and the change that are filed with the public interest. As mentioned above, the C. Self-Regulatory Organization’s Commission, and all written proposed rule changes, combined with Statement on Comments on the communications relating to the the planned filing for EDGA,11 would Proposed Rule Change Received From proposed rule change between the allow the BGM Affiliated Exchanges to Members, Participants or Others Commission and any person, other than provide a consistent set of rules as it The Exchange has neither solicited those that may be withheld from the relates to the registration requirements nor received written comments on the public in accordance with the across each of the exchanges. Consistent proposed rule change. provisions of 5 U.S.C. 552, will be rules, in turn, will simplify the available for Web site viewing and regulatory requirements for Members of III. Date of Effectiveness of the printing in the Commission’s Public the Exchange that are also participants Proposed Rule Change and Timing for Reference Room, 100 F Street NE., on EDGA, BZX and/or BYX. The Commission Action Washington, DC 20549, on official proposed rule change would provide The Exchange has designated this rule business days between the hours of greater harmonization between rules of filing as non-controversial under 10:00 a.m. and 3:00 p.m. Copies of such similar purpose on the BGM Affiliated Section 19(b)(3)(A) of the Act 12 and filing will also be available for Exchanges, resulting in greater paragraph (f)(6) of Rule 19b–4 inspection and copying at the principal uniformity and less burdensome and thereunder.13 office of the Exchange. All comments more efficient regulatory compliance. At any time within 60 days of the received will be posted without change; As such, the proposed rule change filing of the proposed rule change, the the Commission does not edit personal would foster cooperation and Commission summarily may identifying information from coordination with persons engaged in temporarily suspend such rule change if submissions. You should submit only facilitating transactions in securities and it appears to the Commission that such information that you wish to make would remove impediments to and action is necessary or appropriate in the public interest, for the protection of available publicly. All submissions 9 15 U.S.C. 78f(b). should refer to File Number SR–EDGX– 10 15 U.S.C. 78f(b)(5). 12 15 U.S.C. 78s(b)(3)(A). 2015–06 and should be submitted on or 11 See supra note 7. 13 17 CFR 240.19b–4. before March 11, 2015.
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For the Commission, by the Division of A. Self-Regulatory Organization’s necessary to maintain in the Fees Trading and Markets, pursuant to delegated Statement of the Purpose of, and Schedule. The Exchange notes that the authority.14 Statutory Basis for, the Proposed Rule fee will continue to be waived for the Brent J. Fields, Change first month of the first new user of a Secretary. Permit Holder or non-Permit Holder. 1. Purpose [FR Doc. 2015–03228 Filed 2–17–15; 8:45 am] 2. Statutory Basis BILLING CODE 8011–01–P The Exchange proposes making certain amendments to the PULSe The Exchange believes the proposed Workstation (‘‘PULSe’’) fees. By way of rule change is consistent with the SECURITIES AND EXCHANGE background, the Exchange charges a fee Securities Exchange Act of 1934 (the COMMISSION of $400 per month per Permit Holder ‘‘Act’’) and the rules and regulations workstation for the first 10 users and thereunder applicable to the Exchange [Release No. 34–74252; File No. SR–C2– $100 per month for all subsequent users. and, in particular, the requirements of 2015–002] Permit Holders may also make the Section 6(b) of the Act.3 Specifically, Self-Regulatory Organizations; C2 functionality available to their the Exchange believes the proposed rule Options Exchange, Incorporated; customers, which may include non- change is consistent with the Section 4 Notice of Filing and Immediate broker dealer public customers and non- 6(b)(5) requirements that the rules of Effectiveness of a Proposed Rule Permit Holder broker dealers (referred to an exchange be designed to prevent Change To Amend the Fees Schedule herein as ‘‘non-Permit Holders’’). For fraudulent and manipulative acts and such non-Permit Holder workstations, practices, to promote just and equitable February 11, 2015. the Exchange charges a fee of $400 per principles of trade, to foster cooperation Pursuant to Section 19(b)(1) of the month per workstation. and coordination with persons engaged Securities Exchange Act of 1934 (the The Exchange first proposes to clarify in regulating, clearing, settling, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 and make explicit that the PULSe fees processing information with respect to, notice is hereby given that on February are assessed on a ‘‘per login ID’’ basis. and facilitation transactions in 2, 2015, C2 Options Exchange, Currently, the Fees Schedule states that securities, to remove impediments to Incorporated (the ‘‘Exchange’’ or ‘‘C2’’) the monthly fee for PULSe Permit and perfect the mechanism of a free and filed with the Securities and Exchange Holder workstations is ‘‘$400/month open market and a national market Commission (the ‘‘Commission’’) the (per Permit Holder workstation for the system, and, in general, to protect proposed rule change as described in first 10)’’ and ‘‘$100/month (per each investors and the public interest. Items I, II, and III below, which Items additional Permit Holder workstation)’’ Additionally, the Exchange believes the have been prepared by the Exchange. and for PULSe non-Permit Holder proposed rule change is consistent with The Commission is publishing this workstations ‘‘$400/month (per non- Section 6(b)(4) of the Act,5 which notice to solicit comments on the Permit Holder workstation).’’ The requires that Exchange rules provide for proposed rule change from interested Exchange believes the current language, the equitable allocation of reasonable persons. and the use of the term ‘‘workstation’’, dues, fees, and other charges among its may be confusing to market Trading Permit Holders and other I. Self-Regulatory Organization’s participants. As such, the Exchange persons using its facilities. Statement of the Terms of Substance of seeks to make clear in the Fees Schedule In particular, the Exchange always the Proposed Rule Change that the PULSe fees are assessed per strives for clarity in its rules and Fees The Exchange proposes to amend its login Id [sic]. The Exchange notes that Schedule, so that market participants Fees Schedule. The text of the proposed this proposed change is merely a may best understand how rules and fees rule change is available on the clarification and that no substantive apply. The Exchange believes that the Exchange’s Web site (http:// changes are being made to how PULSe proposed clarifications and removal of www.c2exchange.com/Legal/), at the fees are assessed. outdated language in the Fees Schedule Exchange’s Office of the Secretary, and Next, the Exchange proposes to will make the Fees Schedule easier to at the Commission’s Public Reference provide that the $400 per month, per read and alleviate potential confusion. Room. login ID fee will be applicable to the The alleviation of potential confusion first 15 login IDs (instead of the first 10). will remove impediments to and perfect II. Self-Regulatory Organization’s The Exchange expended significant the mechanism of a free and open Statement of the Purpose of, and resources developing PULSe, and seeks market and a national market system, Statutory Basis for, the Proposed Rule to recoup more of those costs. and, in general, protect investors and Change Finally, the Exchange seeks to remove the public interest. In its filing with the Commission, the outdate [sic] language from the PULSe The Exchange believes assessing the Exchange included statements section of the Fees Schedule. Currently, $400 per month, per login ID fee to the concerning the purpose of and basis for the Fees Schedule provides that the first 15 login IDs (instead of the first 10) the proposed rule change and discussed PULSe Workstation fee is waived for the is reasonable because the Exchange any comments it received on the first month for the first new user of a expended significant resources proposed rule change. The text of these Permit Holder and non-Permit Holder, developing PULSe and desires to recoup statements may be examined at the respectively. Additionally, the Fees more of those costs. The Exchange places specified in Item IV below. The Schedule provides that the fee is waived believes this proposed rule change is Exchange has prepared summaries, set for the first two months for all new equitable and not unfairly forth in sections A, B, and C below, of users between August 1, 2014 and discriminatory because all Permit the most significant aspects of such December 31, 2014, and that the fee is Holders who desire to use PULSe will statements. waived for the month of August 2014 for be subject to this change. all users that became new users in July 14 17 CFR 200.30–3(a)(12). 2014. As the above referenced waiver 3 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). periods have since passed, the Exchange 4 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4. no longer believes this language is 5 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization’s Comments may be submitted by any of SECURITIES AND EXCHANGE Statement on Burden on Competition the following methods: COMMISSION The Exchange does not believe that Electronic Comments [Release No. 34–74247; File No. SR–BATS– the proposed rule change will impose 2014–09] any burden on competition that is not • Use the Commission’s Internet necessary or appropriate in furtherance comment form (http://www.sec.gov/ Self-Regulatory Organizations; BATS of the purposes of the Act. The rules/sro.shtml); or Exchange, Inc.; Notice of Filing of a proposed changes to alleviate confusion • Send an email to rule- Proposed Rule Change To Amend are not intended for competitive reasons [email protected]. Please include File Rules 11.9, 11.12, and 11.13 of BATS and only apply to C2. Additionally, the Number SR–C2–2015–002 on the Exchange, Inc. Exchange does not believe the proposed subject line. change to assess the PULSe login Id [sic] February 11, 2015. fee to the first 15 login Ids [sic] of a Paper Comments Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the Permit Holder will impose any burden • on intramarket competition that is not Send paper comments in triplicate ‘‘Act’’),1 and Rule 19b–4 thereunder,2 necessary or appropriate in furtherance to Brent J. Fields, Secretary, Securities notice is hereby given that on January of the purposes of the Act because the and Exchange Commission, 100 F Street 30, 2015, BATS Exchange, Inc. (the proposed change applies to all Permit NE., Washington, DC 20549–1090. ‘‘Exchange’’ or ‘‘BATS’’) filed with the Holders. The Exchange believes this All submissions should refer to File Securities and Exchange Commission proposal will not cause an unnecessary Number SR–C2–2015–002. This file (‘‘Commission’’) the proposed rule burden on intermarket competition number should be included on the change as described in Items I, II and III because the proposed change was not subject line if email is used. To help the below, which Items have been prepared motivated by intermarket competition. Commission process and review your by the Exchange. The Commission is To the extent that the proposed changes comments more efficiently, please use publishing this notice to solicit make C2 a more attractive marketplace only one method. The Commission will comments on the proposed rule change from interested persons. for market participants at other post all comments on the Commission’s exchanges, such market participants are Internet Web site (http://www.sec.gov/ I. Self-Regulatory Organization’s welcome to become C2 market rules/sro.shtml). Copies of the Statement of the Terms of the Substance participants. submission, all subsequent of the Proposed Rule Change C. Self-Regulatory Organization’s amendments, all written statements The Exchange filed a proposal to Statement on Comments on the with respect to the proposed rule amend Rules 11.9, 11.12, and 11.13 to Proposed Rule Change Received From change that are filed with the clarify and to include additional Members, Participants, or Others Commission, and all written specificity regarding the current communications relating to the The Exchange neither solicited nor functionality of the Exchange’s System,3 proposed rule change between the received comments on the proposed including the operation of its order Commission and any person, other than rule change. types and order instructions, as further those that may be withheld from the described below. III. Date of Effectiveness of the public in accordance with the The text of the proposed rule change Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be is available at the Exchange’s Web site Commission Action available for Web site viewing and at www.batstrading.com, at the The foregoing rule change has become printing in the Commission’s Public principal office of the Exchange, and at effective pursuant to Section 19(b)(3)(A) Reference Room, 100 F Street NE., the Commission’s Public Reference of the Act 6 and paragraph (f) of Rule Washington, DC 20549 on official Room. 19b–4 7 thereunder. At any time within business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the II. Self-Regulatory Organization’s 60 days of the filing of the proposed rule Statement of the Purpose of, and change, the Commission summarily may filing also will be available for inspection and copying at the principal Statutory Basis for, the Proposed Rule temporarily suspend such rule change if Change it appears to the Commission that such office of the Exchange. All comments action is necessary or appropriate in the received will be posted without change; In its filing with the Commission, the public interest, for the protection of the Commission does not edit personal Exchange included statements investors, or otherwise in furtherance of identifying information from concerning the purpose of and basis for the purposes of the Act. If the submissions. You should submit only the proposed rule change and discussed Commission takes such action, the information that you wish to make any comments it received on the Commission will institute proceedings available publicly. All submissions proposed rule change. The text of these to determine whether the proposed rule should refer to File Number SR–C2– statements may be examined at the change should be approved or 2015–002 and should be submitted on places specified in Item IV below. The disapproved. or before March 11, 2015. Exchange has prepared summaries, set forth in Sections A, B, and C below, of IV. Solicitation of Comments For the Commission, by the Division of Trading and Markets, pursuant to delegated the most significant parts of such Interested persons are invited to authority.8 statements. submit written data, views, and Brent J. Fields, arguments concerning the foregoing, 1 15 U.S.C. 78s(b)(1). including whether the proposed rule Secretary. 2 17 CFR 240.19b–4. change is consistent with the Act. [FR Doc. 2015–03225 Filed 2–17–15; 8:45 am] 3 Exchange Rule 1.5(aa) defines ‘‘System’’ as ‘‘the BILLING CODE 8011–01–P electronic communications and trading facility designated by the Board through which securities 6 15 U.S.C. 78s(b)(3)(A). orders of Users are consolidated for ranking, 7 17 CFR 240.19b–4(f). 8 17 CFR 200.30–3(a)(12). execution and, when applicable, routing away.’’
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A. Self-Regulatory Organization’s even though such TIF indicates an remove liquidity from the BATS Book if Statement of the Purpose of, and instruction to execute an order such execution is in the economic best Statutory Basis for, the Proposed Rule immediately in whole or in part and/or interests of the User entering the BATS Change cancel it back. Under current rules, the Post Only Order, taking into account TIF of IOC indicates that an order is to applicable fees and rebates.9 1. Purpose be executed in whole or in part as soon Specifically, as set forth in Rule On June 5, 2014, Chair Mary Jo White as such order is received and the 11.9(c)(6), BATS Post Only Orders asked all national securities exchanges portion not executed is to be cancelled. remove liquidity from the BATS Book if to conduct a comprehensive review of The Exchange proposes to expand upon the value of ‘‘price improvement’’ each order type offered to members and the description of IOC to specify that an associated with such execution equals how it operates.4 The proposals set forth order with such TIF may be routed away or exceeds the sum of fees charged for below, therefore, are the product of a from the Exchange but that in no event such execution and the value of any comprehensive review of Exchange will an order with such TIF be posted rebate that would be provided if the system functionality conducted by the to the BATS Book. The Exchange notes order posted to the BATS Book and Exchange and are intended to add that IOC orders routed away from the subsequently provided liquidity. The additional clarity and specificity Exchange are in turn routed as IOC Exchange proposes three changes to the regarding the current functionality of orders. The Exchange also notes that description of BATS Post Only Orders 5 the Exchange’s System, including the current Rule 11.13(a)(2) already to make clear the methodology used in operation of its order types and order includes reference to routable IOCs, and calculating whether a BATS Post Only instructions. The Exchange is not the proposed modifications to the rule Order should remove liquidity on entry. proposing any substantive modifications text are intended to add further The Exchange notes that each of these to the System. specificity that IOCs are routable. changes will conform the Exchange’s The changes proposed below are In addition to the change described rule governing BATS Post Only Orders designed to update the rulebook to above, the Exchange proposes to make with Rule 11.6(n)(4) of the Exchange’s reflect current System functionality and clear in Rule 11.9(b)(6) that an order affiliate, EDGX Exchange, Inc. include: (i) Making clear that orders with a TIF of FOK is not eligible for (‘‘EDGX’’). with a Time-in-Force (‘‘TIF’’) of routing. Although orders with a TIF of First, the Exchange proposes to clarify Immediate-or-Cancel (‘‘IOC’’) can be FOK are generally treated the same as that rather than requiring price routed away from the Exchange; (ii) IOCs, the Exchange does not permit improvement, which indicates an specifying the methodology used by the routing of orders with a FOK because execution at a better price level than an Exchange to determine whether BATS the Exchange is unable to ensure the order’s limit price, the Exchange Post Only Orders 6 will remove liquidity calculates the value of the overall from the BATS Book; 7 (iii) adding instruction of FOK (i.e., execution of an order in its entirety) through the routing execution taking into account applicable additional detail to and re-structuring fees and rebates. Accordingly, to the the description of Pegged Orders; (iv) process. Finally, in connection with these extent the fee and rebate structure on its adding additional detail to the own (i.e., even at the limit price) makes description of Mid-Point Peg Orders; (v) changes, the Exchange also proposes to modify current Rule 11.13(a)(2) (to be it economically advantageous to remove adding additional detail to the liquidity rather than post to the BATS description of Discretionary Orders; (vi) re-numbered as Rule 11.13(b)(2)) to add the cancellation of an unfilled balance Book and subsequently provide amending Rule 11.12, Priority of Orders, liquidity, the Exchange will allow a of an order as one possible outcome and Rule 11.13, Order Execution, to BATS Post Only Order to remove after an order has been routed away. provide additional specificity and liquidity. enhance the structure of Exchange rules Rule 11.13(a)(2) currently describes Second, the Exchange proposes to describing the process for ranking, other variations of how the Exchange make clear that this methodology is executing and routing orders; (vii) handles an order after it has been routed applied only to securities priced at adding additional detail to the away, but does not specifically state that $1.00 and above, and thus, that all description of orders subject to Re-Route it may be cancelled after the routing BATS Post Only Orders in securities functionality; and (viii) making a series process, which would be the case with priced below $1.00 remove contra-side of conforming changes to Rules 11.9, an order submitted to the Exchange with liquidity. The Exchange believes it is 11.12 and 11.13 to update cross- a TIF of IOC. reasonable to allow BATS Post Only references. Computation of Economic Best Interest Orders to remove liquidity in lower priced securities because the Exchange’s Routable Orders With Time in Force of for BATS Post Only Orders fee structure never has provided a Immediate-or-Cancel The Exchange proposes to modify significant rebate or charged a The Exchange proposes to modify Rule 11.9(c)(6) to specify the significant fee for such orders. Because Rule 11.9(b)(1) to update the description methodology used by the Exchange to the execution cost economics are of the TIF of IOC to make clear that determine whether BATS Post Only relatively flat, the Exchange believes it orders with a TIF of IOC are routable Orders will remove liquidity from the is more efficient to simply allow all Exchange’s order book. Under the orders in such securities to remove 4 See Mary Jo White, Chair, Commission, Speech Exchange’s current rules, a BATS Post liquidity. at the Sandler O’Neill & Partners, L.P. Global Only Order is an order that an entering Third, the Exchange proposes to make Exchange ad Brokerage Conference, (June 5, 2014) User 8 intends to be posted to the BATS (available at http://www.sec.gov/News/Speech/ clear its methodology for determining Detail/Speech/1370542004312#.VD2HW610s6Y). Book, and thus will not ordinarily the applicable fees and rebates given the 5 Exchange Rule 1.5(aa) defines ‘‘System’’ as ‘‘the remove liquidity from the Exchange. fact that the Exchange maintains a tiered electronic communications and trading facility However, BATS Post Only Orders will designated by the Board through which securities 9 See Securities Exchange Act Release No. 67093 orders of Users are consolidated for ranking, 8 As defined in Exchange Rule 1.5(cc), a User as (June 1, 2012), 77 FR 33798 (June 7, 2012) (SR– execution and, when applicable, routing away.’’ ‘‘any Member or Sponsored Participant who is BATS–2012–018) (notice of filing and immediate 6 See Rule 11.9(c)(6). authorized to obtain access to the System pursuant effectiveness of rule change to amend the operation 7 As defined in Rule 1.5(e). to Rule 11.3.’’ of BATS Post Only Orders).
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pricing structure. Under the Exchange’s the NBBO is crossed. The Exchange determining whether the price of such current tiered pricing structure, an does not execute Mid-Point Peg Orders an incoming order should be adjusted entering User may receive a variable in a crossed market because the pricing pursuant to the Exchange’s price sliding rebate for adding liquidity depending on of the mid-point, and the security functionality pursuant to Rule 11.9(g). the User’s volume during the month in generally, is uncertain in such a In other words, an execution will have question. The Exchange determines situation. already occurred as set forth above whether Users qualify for higher rebates before the Exchange would consider Discretionary Orders at the end of the month, looking back at whether an order could be displayed the User’s activity during the month. To The Exchange proposes to amend the and/or posted to the BATS Book, and if account for this variable rebate structure description of Discretionary Orders so, at what price. and to ensure that the Exchange does contained in Rule 11.9(c)(10) and to add Examples—Discretionary Order not determine that an execution is in an additional detail regarding the Executes Against BATS Post Only entering User’s economic best interests execution of such orders, as set forth Orders when, in fact, it is not due to a different below. First, the current description rebate or fee 10 ultimately achieved by indicates that a Discretionary Order has Assume that the NBBO is $10.00 by the User, the Exchange applies the a displayed price and size and a non- $10.05, and the Exchange’s BBO is $9.99 highest possible rebate provided and displayed ‘‘discretionary price’’. The by $10.06. Assume that the Exchange highest possible fee charged for such Exchange proposes to make clear that receives a non-routable order to buy 100 executions on the Exchange. The although a Discretionary Order may shares of a security at $10.00 per share Exchange proposes to make this rebate have a displayed price and size as well designated with discretion to pay up to and fee assumption clear in the as a discretionary price, a Discretionary an additional $0.05 per share. • Exchange’s rule text. Order may also be fully non-displayed, Assume that the next order received and thus, will have a non-displayed by the Exchange is a BATS Post Only Pegged Orders ranked price as well as a discretionary Order to sell 100 shares of the security The Exchange proposes to restructure price. In addition to reflecting the at priced at $10.03 per share. The BATS Rule 11.9(c)(8), related to Pegged ability to have a non-displayed Post Only Order would not remove any Orders, and to add additional detail to Discretionary Order, the Exchange liquidity upon entry pursuant to the such Rule regarding the handling of proposes various minor wording Exchange’s economic best interest such orders. With respect to changes to improve the description of functionality, and would post to the restructuring, the Exchange currently Discretionary Orders to make clear that BATS Book at $10.03. This would, in offers two types of Pegged Orders such orders use the minimum amount of turn, trigger the discretion of the resting pursuant to Rule 11.9(c)(8), Primary discretion when executing against buy order and an execution would occur Pegged Orders and Market Pegged incoming orders. at $10.03. The BATS Post Only Order to Orders, and believes that each types of The Exchange also proposes to make sell would be treated as the adder of Pegged Order would be easier to clear how a Discretionary Order liquidity and the buy order with understand if described in separate interacts with a BATS Post Only Order discretion would be treated as the paragraphs. Given the proposal to split or Partial Post Only at Limit Order remover of liquidity. the Rule to address Primary Pegged entered at the displayed or non- • Assume the same facts as above, but Orders and Market Pegged Orders displayed ranked price of such that the incoming BATS Post Only separately, the Exchange also proposes Discretionary Order that does not Order is priced at $10.00 instead of to add an additional lead-in sentence remove liquidity on entry pursuant to $10.03. As is true in the example above, that summarizes the operation of Pegged Rule 11.9(c)(6) or Rule 11.9(c)(7), the BATS Post Only Order would not Orders generally. respectively, by stating that the remove any liquidity upon entry Discretionary Order is converted to an pursuant to the Exchange’s economic Mid-Point Peg Orders executable order and will remove best interest functionality. Rather than The Exchange proposes to add liquidity against such incoming order. cancelling the incoming BATS Post additional specificity regarding Mid- Similar to the Re-Route functionality Only Order to sell back to the User, Point Peg Orders and the handling of described below, due to the fact that particularly when the resting order is such orders when the market is locked Discretionary Orders contain more willing to buy the security for up to or crossed. Specifically, the Exchange aggressive prices at which they are $10.05 per share, the Exchange executes proposes to add language stating that willing to execute, the Exchange treats at $10.00 the BATS Post Only Order upon instruction from a User Mid-Point Discretionary Orders as aggressive against the resting buy order with Peg Orders will not execute when the orders that would prefer to execute at discretion. As is also true in the market is locked. The Exchange makes their displayed or non-displayed ranked example above, the BATS Post Only this feature optional because while price than to forgo an execution due to Order to sell would be treated as the some Users may prefer not to execute in applicable fees or rebates. Accordingly, liquidity adder and the buy order with a locked market given that there is no in order to facilitate transactions discretion would be treated as the real mid-point in such a situation and consistent with the instructions of its liquidity remover. As set forth in more it might be evidence of a pricing Users, the Exchange executes resting detail below, if the incoming order was disparity in a security, other Users may Discretionary Orders (and certain orders not a BATS Post Only Order to sell, the prefer an execution. The Exchange also with a Re-Route instruction, as incoming order could be executed at the proposes to state that Mid-Point Peg described below) against incoming ranked price of the Discretionary Order Orders are not eligible to execute when orders, when such incoming orders without restriction and would therefore would otherwise forego an execution. be treated as the liquidity remover. 10 The Exchange notes that its current fee The Exchange notes that the Additionally, the Exchange proposes structure does not have a variable fee depending on determination of whether an order to codify the process by which it trading activity during the month. If, in the future, the Exchange implements such a fee structure the should execute on entry against resting handles all incoming orders that interact Exchange will use the highest possible fee for interest, including against resting with Discretionary Orders. First, the purposes of Rule 11.9(c)(6). Discretionary Orders, is made prior to Exchange proposes to codify its
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handling of a contra-side order that language stating, ‘‘[i]f a Discretionary ranked and maintained, specifically in executes against a resting Discretionary Order is not executed in full, the price and time priority, while awaiting Order at its displayed or non-displayed unexecuted portion of the order is execution against incoming orders. The ranked price or that contains a time-in- automatically re-posted and displayed Exchange does not believe that the force of IOC or FOK and a price in the in the BATS Book with a new proposed modifications substantively discretionary range by expressly stating timestamp, at its original displayed modify the operation of the rules; that such an incoming order will price, and with its non-displayed however, the Exchange believes that it remove liquidity against the discretionary price offset.’’ The is important to clarify that the ranking Discretionary Order. Second, the Exchange believes this language is of orders is a separate process from the Exchange proposes to codify its unnecessarily confusing because the execution of orders. handling of orders that are intended to unexecuted portion of Discretionary The Exchange also proposes to specify post to the BATS Book at a price within Orders does not actually re-post solely in Rule 11.12(a)(2)(C) that the priority a Discretionary Order’s discretionary because part of the order was executed. afforded to Pegged Orders is applicable range. This includes, but is not limited Rather, the remaining portion will to all non-displayed Pegged Orders. The to, BATS Post Only Orders and Partial remain resting on the BATS Book Exchange recently began accepting Post Only at Limit Orders. Specifically, without being removed from the BATS Primary Pegged Orders that can be the Exchange proposes to codify current Book. displayed, and if so displayed, the System functionality whereby any Finally, because Discretionary Orders Exchange ranks such orders with all contra-side order with a time-in-force have both a price at which they will be other displayed orders. Thus, the other than IOC or FOK and a price ranked and an additional discretionary Exchange proposes to clarify that within the discretionary range but not at price, the Exchange proposes to reference to Pegged Orders in the displayed or non-displayed ranked expressly state how the Exchange 11.12(a)(2)(C), which have lower price of a Discretionary Order will be handles a routable Discretionary Order priority than the displayed size of limit posted to the BATS Book and then the by stating that such an order will be orders and non-displayed orders, is a Discretionary Order will remove routed away from the Exchange at its reference specifically to non-displayed liquidity against such posted order. full discretionary price. As an example, Pegged Orders. assume the NBBO is $10.00 by $10.05 Further, the Exchange proposes to Examples—Discretionary Order and the Exchange’s BBO is $9.99 by adopt new Rule 11.12(a)(3), which Executes Against Non-Post Only Orders $10.06. If the Exchange receives a recognizes existing match trade Assume that the NBBO is $10.00 by routable Discretionary Order to buy at prevention rules that optionally prevent $10.05, and the Exchange’s BBO is $9.99 $10.00 with discretion to pay up to an the execution of orders from the same by $10.06. Assume that the Exchange additional $0.05 per share, the Exchange User (i.e., based on the User’s ‘‘Unique receives an order to buy 100 shares of would route the order as a limit order Identifier’’, as set forth in Rule 11.9(f)) a security at $10.00 per share designated to buy at $10.05. Any unexecuted by stating that in such a case the System with discretion to pay up to an portion of the order would be posted to will not permit such orders to execute additional $0.05 per share. the BATS Book with a ranked price of against one another regardless of • Assume that the next order received $10.00 and discretion to pay up to priority ranking. Proposed Rule by the Exchange is a BATS Only Order $10.05. 11.12(a)(3) is based on EDGX Rule to sell 100 shares of the security with a 11.9(a)(3). The Exchange also proposes TIF other than IOC or FOK priced at Priority and Execution Algorithm changes to current Rule 11.9(a)(3) and $10.03 per share. The BATS Only Order With respect to the Exchange’s (a)(4) to re-number such rules as (a)(4) would not remove any liquidity upon priority and execution algorithm, the and (a)(5) as well as to clarify that entry and would post to the BATS Book Exchange is proposing various minor orders retain and lose ‘‘time’’ priority at $10.03. This would, in turn, trigger and structural changes that are intended under certain circumstances, as opposed the discretion of the resting buy order to emphasize the processes by which to priority generally, because retaining and an execution would occur at $10.03. orders are accepted, priced, ranked and or losing price priority does not require The BATS Only Order to sell would be executed, as well as a new provision the same descriptions, as price priority treated as the adder of liquidity and the related to the ability of orders to rest at will always be retained unless the price buy order with discretion would be locking prices that is consistent with the of an order changes. treated as the remover of liquidity. changes to provisions related to the Next, the Exchange proposes to re- • Assume the same facts as above, but operation of Discretionary Orders structure Rule 11.13, which currently that the incoming BATS Only Order is described above. First, the Exchange governs both execution and routing priced at $10.00 instead of $10.03. The proposes to modify Rule 11.12, Priority logic on the Exchange, by more clearly BATS Only Order would remove of Orders, to make clear that the ranking delineating between execution (to be liquidity upon entry at $10.00 per share of orders described in such rule is in contained in new paragraph (a)) and pursuant to the Exchange’s order turn dependent on Exchange Rule routing (to be contained in new execution rules, as described in detail 11.13(a) which discusses the pricing paragraph (b)) and by adding additional below. Contrary to the examples set and execution of orders. The Exchange sub-headings to the execution section. forth above, the BATS Only Order to believes that this has always been the In this connection, the Exchange sell would be treated as the liquidity case under Exchange rules based on the proposes to move language contained remover and the resting buy order with reference to the ‘‘Execution Process’’ in within Rule 11.13 to the beginning of discretion would be treated as the Rule 11.12; however, this reference did new paragraph (a) such that the liquidity adder. The Exchange notes that not include a cross-reference to Rule language is more generally applicable to this example operates the same whether 11.13. The Exchange also proposes to the rules governing execution. an order contains a TIF of IOC, FOK or change the reference within Rule 11.12 Specifically, the Exchange proposes to any other TIF. to refer to ranking rather than executing relocate language stating that any order The Exchange also proposes to modify equally priced trading interest, as the falling within the parameters of this the current description of the Rule as a whole is intended to describe paragraph shall be referred to as Discretionary Order by eliminating the manner in which resting orders are ‘‘executable’’ and that an order will be
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cancelled back to the User if, based on • Assume that the next order received representing the non-displayed bid to market conditions, User instructions, by the Exchange is a BATS Post Only buy at $10.11 could cancel the order. applicable Exchange Rules and/or the Order to sell 100 shares of the security The Exchange is also proposing to Act and the rules and regulations priced at $10.11 per share. The BATS modify and place in new paragraph (D) thereunder, such order is not Post Only Order would not remove any rule language contained in current Rule executable, cannot be routed to another liquidity upon entry pursuant to the 11.13(a)(1) that governs the price at Trading Center pursuant to Rule Exchange’s economic best interest which non-displayed locking interest is 11.13(b) (as proposed to be re- functionality, would post to the BATS executable in order to further clarify numbered) or cannot be posted to the Book, and would be displayed at $10.11. such rule text. Specifically, for bids or BATS Book. The proposed sub-headings The display of this order would, in turn, offers equal to or greater than $1.00 per for paragraph (a) regarding order make the resting non-displayed bid not share, in the event that an incoming execution are intended to delineate executable at $10.11. order is a market order or is a limit order priced more aggressively than an between the various rules and National • Assume the next order received by Market System (‘‘NMS’’) plans that may order displayed on the Exchange, the the Exchange is an order to sell 100 Exchange will execute the incoming render an order executable or not, shares of the security priced at $10.11 including Regulation NMS and order at, in the case of an incoming sell per share. The order would not remove Regulation SHO. The Exchange is order, one-half minimum price variation any liquidity upon entry because there proposing to add a cross-reference in less than the price of the displayed is a displayed order to sell at $10.11 Rule 11.13(a)(3) to its rules related to order, and, in the case of an incoming posted on the BATS Book and thus, by the Limit Up-Limit Down Plan, which is buy order, at one-half minimum price rule, the Exchange does not maintain contained in Rule 11.18(e). variation more than the price of the any executable buy interest priced at The Exchange proposes to adopt displayed order. As is true under $10.11. If the later arriving order to sell existing functionality, this order paragraph (C) of Rule 11.13(a)(4) to at $10.11 contained a TIF other than provide further clarity regarding the handling is inapplicable for bids or IOC or FOK, it would be posted to the offers under $1.00 per share. Proposed situations where orders are not BATS Book and displayed at $10.11. If executable, which although covered in paragraph (D) does not substantively the later arriving order to sell at $10.11 other existing rules, would focus on the modify the existing operation of the contained a TIF of IOC or FOK, it would incoming order on the same side of a System but is intended to better be cancelled back to the User. describe in rule text the process for displayed order rather than the resting matching an incoming order against an order that is rendered not executable • To the extent the BATS Book is in order on the BATS Book when there is because it is opposite such displayed the state set forth to conclude the a displayed order on the same side of order. The proposed provision would examples above, with a non-executable the market as the incoming order. replace existing text set forth in Rule bid to buy at $10.11 and one or more offers to sell displayed by the Exchange To demonstrate the operation of this 11.13(a)(1) to acknowledge that, under provision, again assume the NBBO is certain circumstances, there can be at $10.11; there are several potential outcomes. For instance, any incoming $10.10 by $10.11. Assume the Exchange locking interest on the Exchange but has a posted and displayed bid to buy order to buy at $10.11 or higher 11 will that such interest will not be displayed 100 shares of a security priced at $10.10 execute against the displayed order(s) to by the System as a locked market. per share and a resting non-displayed sell, as such resting orders are fully Proposed paragraph (C) would further bid to buy 100 shares of a security executable and displayed as available state that if an incoming order is on the priced at $10.11 per share. same side of the market as an order offers on the BATS Book. Once all • Assume that the next order received displayed on the BATS Book and upon displayed liquidity to sell at $10.11 has by the Exchange is a BATS Post Only entry would execute against contra-side been executed on the Exchange, the Order to sell 100 shares of the security interest at the same price as such resting non-displayed bid to buy at priced at $10.11 per share. The BATS displayed order, such incoming order $10.11 will again be fully executable. Post Only Order would not remove any will be cancelled or posted to the BATS Similarly, if the resting displayed orders liquidity upon entry pursuant to the Book and ranked in accordance with to sell that are priced at $10.11 are Exchange’s economic best interest Rule 11.12. The Exchange does not cancelled then the resting non- functionality, would post to the BATS allow non-displayed interest that locks displayed bid to buy at $10.11 will Book and would be displayed at $10.11. a contra-side displayed order to execute again be fully executable at that price. The display of this order would, in turn, at such price to avoid an apparent As described in the text and examples make the resting non-displayed bid not priority issue. below, an incoming sell order priced at executable at $10.11. To demonstrate the functionality in $10.10 or better will execute against the • If an incoming offer to sell 100 place on the Exchange described above, resting bid at $10.105. Finally, the User shares at $10.10 is entered into the assume the NBBO is $10.10 by $10.11. BATS Book, the resting non-displayed Assume the Exchange has a posted and 11 The Exchange notes that an incoming order for bid originally priced at $10.11 will be displayed bid to buy 100 shares of a purposes of comparison to a resting order can be executed at $10.105 per share, thus any incoming order unless the terms of that security priced at $10.10 per share and incoming order itself preclude execution. For providing a half-penny of price a resting non-displayed bid to buy 100 instance, in this example, an incoming buy order improvement as compared to the order’s shares of a security priced at $10.11 per could be routable or non-routable, the order could limit price of $10.11. The execution at share. For purposes of this example, be selected for potential display or could include $10.105 per share also provides the instructions not to display the order, the order assume the resting non-displayed bid could have a discretionary price, or several other incoming offer with a half-penny of has not selected the Re-Route characteristics. Upon entry, unless the terms of the price improvement as compared to its functionality, which, as described in order preclude removing liquidity, such as a BATS limit price of $10.10. The result would further detail below, could make a Post Only order, the characteristics that govern the be the same for an incoming market way that the order may be handled once posted to resting order executable against an the Exchange’s order book are irrelevant and any order to sell or any other incoming limit incoming BATS Post Only Order under incoming buy order priced at $10.11 or higher will order offer priced at $10.10 or below, certain circumstances. execute against the resting offers. which would execute against the non-
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displayed bid at a price of $10.105 per the Exchange treats any unfilled balance from the Exchange as a bid to buy 300 share. As above, an offer at the full price that returns to the Exchange following shares at $10.10. Assume that the order of the resting and displayed $10.11 offer the first attempt to fill the order through obtains one 100 share execution through would not execute against the resting the routing process. If not filled through the routing process and then returns to non-displayed bid, but would instead routing, and based on the order the Exchange. The Exchange will post either cancel or post to the BATS Book instructions, the unfilled balance of the the order as a non-displayed bid to buy behind the original $10.11 offer in order may be posted to the BATS Book. 200 shares at $10.10. If displayed priority. Pursuant to Exchange Rule 11.13(a)(4) liquidity then appears at one or more The Exchange notes that it is (to be re-numbered as Rule 11.13(b)(4) Trading Centers priced at $10.09 or proposing to add descriptive titles to pursuant to this proposal), under certain lower (i.e., crossing the posted bid to paragraphs (A) and (B) of Rule circumstances the Exchange will re- buy at $10.10), the Exchange will take 11.13(a)(4), which describe the process route an order that has been posted to the non-displayed bid off of the BATS by which executable orders are matched the BATS Book if subsequently locked Book and again route such order to the within the System. Specifically, so long or crossed by another accessible Trading displayed liquidity at other Trading as it is otherwise executable, an Center. The Exchange offers two Centers. incoming order to buy will be optional Re-Route instructions, the Second, the Exchange proposes to automatically executed to the extent Super Aggressive Re-Route instruction codify existing System functionality by that it is priced at an amount that equals and the Aggressive Re-Route adding rule text to state that, consistent or exceeds any order to sell in the BATS instruction. The Super Aggressive Re- with the Super Aggressive Re-Route Book and an incoming order to sell will Route instruction reflects the instruction described in Rule be automatically executed to the extent willingness of the sender of the routable 11.13(b)(4)(B), when any order with a that it is priced at an amount that equals order posted to the BATS Book to route Super Aggressive Re-Route instruction or is less than any order to buy in the to away Trading Centers and to remove is locked by an incoming BATS Post BATS Book. These rules further state liquidity from such Trading Centers any Only Order or Partial Post Only at Limit that an order to buy shall be executed time such order is locked or crossed Order that does not remove liquidity at the price(s) of the lowest order(s) to (i.e., rather than passively waiting for an pursuant to Rule 11.9(c)(6) or Rule 13 sell having priority in the BATS Book execution on the BATS Book). The 11.9(c)(7), respectively, the Re-Route and an order to sell shall be executed at Aggressive Re-Route instruction subjects order is converted to an executable the price(s) of the highest order(s) to buy an order to the routing process after order and will remove liquidity against having priority in the BATS Book. The being posted to the BATS Book only if such incoming order. The Exchange Exchange emphasizes these current the order is subsequently crossed by an applies this logic in order to facilitate rules only insofar as to highlight the accessible Trading Center (rather than if executions that would otherwise not interconnected nature of the priority the order is locked or crossed). The occur due to the instruction of a BATS rule. Exchange proposes two changes to its Post Only Order or Partial Post Only at The Exchange also proposes to modify rules to reflect current operation of the Limit Order to not remove liquidity. existing paragraph (b) of Rule 11.13 to System in connection with Re-Route Because a Super Aggressive Re-Route re-number it as paragraph (b)(5) and to functionality, as described below. eligible order is willing to route to an away Trading Center and remove clarify the Exchange’s rule regarding the Non-Displayed Routable Orders priority of routed orders. Paragraph (b) liquidity (i.e., pay a fee at such Trading First, the Exchange proposes to add Center) when locked or crossed, the currently sets forth the proposition that language to the Aggressive Re-Route Exchange believes it is reasonable and a routed order does not retain priority instruction that makes clear that any consistent with the instruction to force on the Exchange while it is being routed routable non-displayed limit order an execution between an incoming to other markets. The Exchange believes posted to the BATS Book that is crossed BATS Post Only Order and an order that that its proposed clarification to by another accessible Trading Center has been posted to the BATS Book with paragraph (b) is appropriate because it will be automatically routed to that the Super Aggressive Re-Route more clearly states that a routed order Trading Center. As described in Rule instruction. The Exchange notes that the is not ranked and maintained in the 11.9(g)(4), the Exchange re-prices non- determination of whether an order BATS Book pursuant to Rule 11.12(a), displayed orders to the extent they are should execute on entry against resting and therefore is not available to execute crossed by another Trading Center to interest, including against resting orders against incoming orders pursuant to avoid trading-through Protected with a Super Aggressive Re-Route Rule 11.13. Quotations displayed by such Trading instruction, is made prior to Re-Route Functionality Center. In the process of such price determining whether the price of such sliding, to the extent a non-displayed an incoming order should be adjusted The Exchange currently allows Users order is routable, the Exchange will to submit various types of limit orders pursuant to the Exchange’s price sliding attempt to route the order to the Trading functionality pursuant to Rule 11.9(g). to the Exchange that are processed Center displaying the crossing quotation pursuant to current Exchange Rule The Exchange has limited the proposed that prompted the price sliding process. language to BATS Post Only Orders that 11.13, as described elsewhere in this As an example of a routable non- proposal. To the extent an order has not displayed order that is handled 13 The Exchange notes that pursuant to Rule been executed in its entirety against the consistent with the Aggressive Re-Route 11.9(c)(6), BATS Post Only Orders remove liquidity BATS Book, Rule 11.13 describes the instruction, assume the Exchange in certain circumstances based on an economic process of routing marketable limit receives a non-displayed order to buy analysis that takes into account applicable fees and orders 12 to one or more Trading rebates. The Exchange has proposed clarifications 300 shares of a security at $10.10 per to this economic analysis as described above. Centers, including a description of how share. Assume further that the NBBO is Similarly, Partial Post Only at Limit Orders are $10.09 by $10.10 when the order is permitted to remove price improving liquidity as 12 Market orders are also routed away pursuant to well as a User-selected percentage of the remaining Rule 11.13, however the Exchange is not proposing received, and the Exchange’s lowest order at the limit price if, following such removal, any changes to the treatment of routed market priced offer is priced at $10.11. The the order can post at its limit price. See Rule orders at this time. Exchange will route the order away 11.9(c)(7).
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lock orders with a Super Aggressive Re- Super Aggressive Re-Route instruction execution and routing rules are each Route instruction because BATS Post will execute against such order at designed to add clarity and Only Orders that cross resting orders $10.10. In this scenario, the posted transparency regarding Exchange will always remove liquidity because it order to buy will be treated as the System functionality without is in their economic best interest to do liquidity remover and the incoming substantively modifying such so.14 Similarly, Partial Post Only Limit BATS Post Only Order to sell will be functionality. Specifically, the Exchange Orders execute against crossing interest treated as the liquidity provider. believes that the proposed rule changes as set forth in Rule 11.9(c)(7)(A). The Finally, assume that the NBBO is will provide additional clarity and Exchange also proposes to make clear $10.10 by $10.11 and that the Exchange specificity regarding the functionality of that although it will execute an order has a displayed bid to buy 100 shares the System and thus would promote just with a Super Aggressive Re-Route of a security at $10.10 and a displayed and equitable principles of trade and instruction against a BATS Post Only offer to sell 100 shares of a security at remove impediments to a free and open Order that would lock it, if an order that $10.11. Assume that the displayed bid market. The Exchange also believes that does not contain a Super Aggressive Re- has not been designated with the Super the proposed amendments will Route instruction maintains higher Aggressive Re-Route instruction. contribute to the protection of investors priority than one or more Super Assume next that the Exchange receives and the public interest by making the Aggressive Re-Route eligible orders, the a second displayable bid to buy 100 Exchange’s rules easier to understand. Super Aggressive Re-Route eligible shares of the same security at $10.10 With respect to the additional order(s) with lower priority will not be that has been designated as routable and specificity proposed in connection with converted, as described above, and the subject to the Super Aggressive Re- BATS Post Only Orders, the Exchange incoming BATS Post Only Order or Route instruction. Because there is no believes that the proposed rule change Partial Post Only at Limit Order will be liquidity to which the Exchange can is consistent with the Act in that the posted or cancelled in accordance with route the order, the second order will change will help to clarify the Rule 11.9(c)(6) or Rule 11.9(c)(7), post to the BATS Book as a bid to buy methodology used by the Exchange to respectively. The Exchange believes it is at $10.10 behind the original displayed determine whether BATS Post Only necessary to avoid applying the Re- bid to buy at $10.10. If the Exchange Orders will remove liquidity from the Route functionality to Re-Route eligible then received a BATS Post Only Order BATS Book. The Exchange again notes orders that are resting behind orders to sell 100 shares at $10.10 then no that any methodology other than using that are not Re-Route eligible orders to execution would occur because the the highest possible rebate and highest avoid violating the Exchange’s priority incoming BATS Post Only Order cannot possible fee could result in the rule, Rule 11.12. remove liquidity at $10.10 based on the Exchange determining that an execution economic best interest analysis, the first was in an entering User’s economic best Example—Super Aggressive Re-Route interest when, in fact, it was not. For the and BATS Post Only Orders order with priority to buy at $10.10 was not designated with the Super reasons articulated above, the Exchange Assume that the Exchange receives an Aggressive Re-Route instruction and the believes that the proposal is consistent order to buy 300 shares of a security at second booked order to buy at $10.10 is with and supports just and equitable $10.10 per share designated with a not permitted to bypass the first order principles of trade, removes Super Aggressive Re-Route instruction. as this would result in a violation of the impediments to, and helps to perfect the Assume further that the NBBO is $10.09 Exchange’s priority rule, Rule 11.12. mechanism of, a free and open market by $10.10 when the order is received, and a national market system, and, in and the Exchange’s lowest offer is 2. Statutory Basis general, protects investors and the priced at $10.11. The Exchange will The Exchange believes that the public interest. route the order away from the Exchange proposed rule changes are consistent The Exchange also believes it is as a bid to buy 300 shares at $10.10. with Section 6(b) of the Securities consistent with the Act to execute Assume that the order obtains one 100 Exchange Act of 1934 (the ‘‘Act’’) 15 and Discretionary orders and orders with a share execution through the routing further the objectives of Section 6(b)(5) Super Aggressive Re-Route instruction process and then returns to the of the Act 16 because they are designed against marketable liquidity (i.e., BATS Exchange. The Exchange will post the to promote just and equitable principles Post Only Orders and Partial Post Only order as a bid to buy 200 shares at of trade, to remove impediments to and Orders) when an execution would not $10.10. If the Exchange subsequently perfect the mechanism of a free and otherwise occur is consistent with both: receives a BATS Post Only Order to sell open market and a national market (i) the Act, by facilitating executions, priced at $10.09 per share, such order system, to foster cooperation and removing impediments and perfecting will execute against the posted order to coordination with persons engaged in the mechanism of a free and open buy with an execution price of $10.10. facilitating transactions in securities, market and national market system; and The posted buy order will be treated as and, in general, to protect investors and (ii) a User’s instructions, which have the liquidity provider and the incoming the public interest. The proposed rule evidenced a willingness by the User to BATS Post Only Order to sell will be changes are also designed to support the pay applicable execution fees and/or treated as the liquidity remover, based principles of Section 11A(a)(1) 17 of the execute at more aggressive prices than on the Exchange’s rules that execute Act in that they seek to assure fair they are currently ranked in favor of an BATS Post Only Orders on entry if such competition among brokers and dealers execution. The Exchange also believes execution is in their economic interest. and among exchange markets. that the proposed rule change provides However, assuming the same facts as The modifications related to routable additional specificity regarding the above, if the incoming BATS Post Only orders with a TIF of IOC, Pegged Orders, functionality of the System with regard Order to sell is priced at $10.10 and Mid-Point Peg Orders, Discretionary to routable non-displayed orders that thus does not remove liquidity pursuant Orders, and the Exchange’s priority, have been crossed by another accessible to the economic best interest Trading Center, thereby promoting just functionality, the posted order with a 15 15 U.S.C. 78f(b). and equitable principles of trade and 16 15 U.S.C. 78f(b)(5). removing impediments to a free and 14 See id. 17 15 U.S.C. 78k–1(a)(1). open market.
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B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ The Commission is publishing this Statement on Burden on Competition rules/sro.shtml). Copies of the notice to solicit comments on the The Exchange does not believe that submission, all subsequent proposed rule change from interested the proposed rule changes will result in amendments, all written statements persons. with respect to the proposed rule any burden on competition that is not I. Self-Regulatory Organization’s necessary or appropriate in furtherance change that are filed with the Commission, and all written Statement of the Terms of the Substance of the purposes of the Act. The of the Proposed Rule Change proposed rule changes are not designed communications relating to the to address any competitive issue but proposed rule change between the The Exchange proposes to clarify the rather to add specificity and clarity to Commission and any person, other than fees applicable to the list of securities Exchange rules, thus providing greater those that may be withheld from the eligible for the Select Symbol program transparency regarding the operation of public in accordance with the under Rule 7018(a)(4), and to clarify the System. provisions of 5 U.S.C. 552, will be that the fees of the program are on a per available for Web site viewing and share basis. C. Self-Regulatory Organization’s printing in the Commission’s Public The text of the proposed rule change Statement on Comments on the Reference Room at 100 F Street NE., is available on the Exchange’s Web site Proposed Rule Change Received From Washington, DC 20549–1090 on official at http://nasdaq.cchwallstreet.com, at Members, Participants, or Others business days between the hours of the principal office of the Exchange, and The Exchange has neither solicited 10:00 a.m. and 3:00 p.m. Copies of such at the Commission’s Public Reference nor received written comments on the filing also will be available for Room. inspection and copying at the principal proposed rule changes. II. Self-Regulatory Organization’s office of the Exchange. All comments Statement of the Purpose of, and III. Date of Effectiveness of the received will be posted without change; Proposed Rule Change and Timing for the Commission does not edit personal Statutory Basis for, the Proposed Rule Commission Action identifying information from Change Within 45 days of the date of submissions. You should submit only In its filing with the Commission, the publication of this notice in the Federal information that you wish to make Exchange included statements Register or within such longer period (i) available publicly. All submissions concerning the purpose of and basis for as the Commission may designate up to should refer to File Number SR–BATS– the proposed rule change and discussed 90 days of such date if it finds such 2015–09, and should be submitted on or any comments it received on the longer period to be appropriate and before March 11, 2015. proposed rule change. The text of these publishes its reasons for so finding or For the Commission, by the Division of statements may be examined at the (ii) as to which the Exchange consents, Trading and Markets, pursuant to delegated places specified in Item IV below. The the Commission will: (a) by order authority.18 Exchange has prepared summaries, set approve or disapprove such proposed Brent J. Fields, forth in sections A, B, and C below, of rule change, or (b) institute proceedings Secretary. the most significant aspects of such to determine whether the proposed rule [FR Doc. 2015–03222 Filed 2–17–15; 8:45 am] statements. change should be disapproved. BILLING CODE 8011–01–P A. Self-Regulatory Organization’s IV. Solicitation of Comments Statement of the Purpose of, and Interested persons are invited to Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE Change submit written data, views, and COMMISSION arguments concerning the foregoing, 1. Purpose including whether the proposed rule [Release No. 34–74259; File No. SR– The purpose of the proposed rule change is consistent with the Act. NASDAQ–2015–010] change is to clarify that routing fees Comments may be submitted by any of Self-Regulatory Organizations; The under Rules 7018(a)(1) through (3) the following methods: NASDAQ Stock Market LLC; Notice of apply to the securities of the Select Electronic Comments Filing and Immediate Effectiveness of Symbol program under Rule 7018(a)(4), • Use the Commission’s Internet Proposed Rule Change To Clarify the and to clarify that fees and credits under Application of Fees to Securities Under comment form (http://www.sec.gov/ the program are calculated on a per the Select Symbol Program of Rule rules/sro.shtml); or share executed basis. NASDAQ recently • Send an email to rule-comments@ 7018(a)(4) adopted the Select Symbol program,3 which provides lower fees for sec.gov. Please include File Number SR– February 11, 2015. executions received on NASDAQ in a BATS–2015–09 on the subject line. Pursuant to Section 19(b)(1) of the select group of securities where access Paper Comments Securities Exchange Act of 1934 1 2 fees may be discouraging the use of • (‘‘Act’’), and Rule 19b–4 thereunder, Send paper comments in triplicate notice is hereby given that on February public markets. NASDAQ implemented to Brent J. Fields, Secretary, Securities 2, 2015, The NASDAQ Stock Market the program on February 2, 2015. Under and Exchange Commission, 100 F Street LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed the new rule, the Exchange states that it NE., Washington, DC 20549–1090. with the Securities and Exchange All submissions should refer to File 3 See Securities Exchange Act Release No. 73967 Commission (‘‘SEC’’ or ‘‘Commission’’) (December 30, 2014), 80 FR 594 (January 6, 2015) Number SR–BATS–2015–09. This file the proposed rule change as described (SR–NASDAQ–2014–128). On January 27, 2015, the number should be included on the in Items I and II below, which Items Exchange filed an immediately effective filing subject line if email is used. To help the have been prepared by the Exchange. replacing a security on the list of securities under Commission process and review your the rule. See SR–NASDAQ–2015–006 available at http://nasdaq.cchwallstreet.com/NASDAQ/pdf/ comments more efficiently, please use 18 17 CFR 200.30–3(a)(12). nasdaq-filings/2015/SR-NASDAQ-2015-006.pdf only one method. The Commission will 1 15 U.S.C. 78s(b)(1). (awaiting Commission notice and publication in the post all comments on the Commission’s 2 17 CFR 240.19b–4. Federal Register).
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applies the fees under the rule in lieu NASDAQ, are in lieu of the fees and subparagraph (f)(6) of Rule 19b–4 of other similar fees that would credits under Rules 7018(a)(1) through thereunder.8 normally apply under Rules 7018(a)(1) (3). The Exchange believes that adding A proposed rule change filed under through (3). The Exchange does not rule text that makes it clear that the Rule 19b–4(f)(6) 9 normally does not discuss fees for routing program normal routing fees apply will avoid become operative prior to 30 days after securities for execution on other any investor confusion concerning the the date of the filing. However, pursuant markets. In adopting the program, the applicability of the fees under the to Rule 19b–4(f)(6)(iii),10 the Exchange did not intend to exclude the program. Similarly, although discussed Commission may designate a shorter related routing fees under Rules in the filing adopting the program, the time if such action is consistent with the 7018(a)(1) through (3). Accordingly, the rule text does not currently reflect that protection of investors and the public Exchange is adding clarifying text to the the fees and credits are based on a per interest. The Exchange has asked the rule that makes it clear that the fees share executed basis. The Exchange Commission to waive the 30-day assessed under Rules 7018(a)(1) through believes that adding rule text that operative delay so that NASDAQ may (3) for routing orders apply to the clarifies that the fees and credits are add the clarifying language securities of the Select Symbol program. based on a per share executed immediately. The Commission believes NASDAQ is also amending the rule calculation will serve to avoid any that waiving the 30-day operative delay text to make it clear that the fees and investor confusion caused by not is consistent with the protection of credits under the program are calculated including the language. investors and the public interest on a per share executed basis, like the because it will allow NASDAQ to clarify other access fees that they replace. The B. Self-Regulatory Organization’s the intent of this rule immediately. The Exchange notes that in adopting the Statement on Burden on Competition Commission sees no reason to delay the rule, it discussed that it was lowering addition of language designed to remove the access fees for the Select Symbol The Exchange does not believe that ambiguity to the rule. Therefore, the securities from the current per share the proposed rule change will result in Commission hereby waives the 30-day executed rates to the new per share any burden on competition that is not operative delay and designates the executed fees under the program.4 The necessary or appropriate in furtherance proposed rule change to be operative Exchange is adding clarifying language of the purposes of the Act, as amended. upon filing with the Commission.11 Specifically, the change does not alter to the rule that makes it clear that the At any time within 60 days of the the meaning or application of the fees program’s fees are on a per share filing of the proposed rule change, the and credits provided under Rule executed basis. Commission summarily may 7018(a)(4), but rather clarifies the temporarily suspend such rule change if 2. Statutory Basis applicability of the fees assessed for it appears to the Commission that such The Exchange believes that the routing securities away from NASDAQ action is: (i) Necessary or appropriate in proposed rule change is consistent with for execution, and how the fees and the public interest; (ii) for the protection Section 6 of the Act,5 in general, and credits under the Select Symbol of investors; or (iii) otherwise in furthers the objectives of Section 6(b)(5) program are calculated. Such clarifying furtherance of the purposes of the Act. of the Act,6 in particular, in that it is changes impose no burdens on If the Commission takes such action, the designed to prevent fraudulent and competition whatsoever and, as Commission shall institute proceedings manipulative acts and practices, to discussed above, further the purposes of to determine whether the proposed rule promote just and equitable principles of the Act by avoiding potential market should be approved or disapproved. trade, to foster cooperation and participant confusion over the coordination with persons engaged in applicability of routing fees under the IV. Solicitation of Comments regulating, clearing, settling, processing rule and how the fees and credits of the Interested persons are invited to information with respect to, and Select Symbol program are calculated. facilitating transactions in securities, to submit written data, views, and remove impediments to and perfect the C. Self-Regulatory Organization’s arguments concerning the foregoing, mechanism of a free and open market Statement on Comments on the including whether the proposed rule and a national market system, and, in Proposed Rule Change Received From change is consistent with the Act. general, to protect investors and the Members, Participants, or Others Comments may be submitted by any of public interest; and are not designed to the following methods: No written comments were either permit unfair discrimination between Electronic Comments customers, issuers, brokers, or dealers. solicited or received. • Use the Commission’s Internet Specifically, the proposed change III. Date of Effectiveness of the furthers these objectives because it comment form (http://www.sec.gov/ Proposed Rule Change and Timing for rules/sro.shtml); or clarifies the applicability of routing fees Commission Action under Rule 7018(a) to the securities of the Select Symbol program and how the Because the foregoing proposed rule 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires a self-regulatory organization to give program fees are calculated. As noted, change does not: (i) Significantly affect the Commission written notice of its intent to file the rule currently does not discuss fees the protection of investors or the public the proposed rule change at least five business days assessed for routing orders away from interest; (ii) impose any significant prior to the date of filing of the proposed rule NASDAQ for execution, but rather notes burden on competition; and (iii) become change, or such shorter time as designated by the Commission. The Exchange has requested a waiver that the fees and credits under the operative for 30 days from the date on of this requirement. program, which relate to executions on which it was filed, or such shorter time 9 17 CFR 240.19b–4(f)(6). as the Commission may designate, it has 10 17 CFR 240.19b–4(f)(6)(iii). 4 See, e.g., Securities Exchange Act Release No. become effective pursuant to Section 11 For purposes only of waiving the operative 73967 (December 30, 2014), 80 FR 594, 596 (January 19(b)(3)(A)(ii) [sic] of the Act 7 and delay for this proposal, the Commission has 6, 2015) (SR–NASDAQ–2014–128). considered the proposed rule’s impact on 5 15 U.S.C. 78f. efficiency, competition, and capital formation. See 6 15 U.S.C. 78f(b)(5). 7 15 U.S.C. 78s(b)(3)(a)(ii). [sic] 15 U.S.C. 78c(f).
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• Send an email to rule-comments@ SECURITIES AND EXCHANGE Procedures to remove the ability for sec.gov. Please include File Number SR– COMMISSION Clearing Participants to provide end-of- NASDAQ–2015–010 on the subject line. [Release No. 34–74257; File No. SR–ICC– day submissions for Single Name instruments in terms of spread and Paper Comments 2014–23] associated recovery rate. Rather, ICC • Send paper comments in triplicate Self-Regulatory Organizations; ICE will require price (or the equivalent to Brent J. Fields, Secretary, Securities Clear Credit LLC; Order Granting points upfront) submissions for all and Exchange Commission, 100 F Street Approval of Proposed Rule Change To Single Name instruments. According to NE., Washington, DC 20549–1090. Revise ICC End-of-Day Price Discovery ICC, this change will result in the Policies and Procedures elimination of the use of the ISDA All submissions should refer to File February 11, 2015. standard model to determine end-of-day Number SR–NASDAQ–2015–010. This prices for Single Name instruments. file number should be included on the I. Introduction Furthermore, ICC also proposes to add subject line if email is used. To help the On December 18, 2014, ICE Clear clarifying language regarding its Commission process and review your Credit LLC (‘‘ICC’’) filed with the determination of implied recovery rates. comments more efficiently, please use Securities and Exchange Commission only one method. The Commission will (‘‘Commission’’) the proposed rule III. Discussion and Commission post all comments on the Commission’s change SR–ICC–2014–23 pursuant to Findings Internet Web site (http://www.sec.gov/ Section 19(b)(1) of the Securities Section 19(b)(2)(C) of the Act 4 directs rules/sro.shtml). Copies of the 1 Exchange Act of 1934 (‘‘Act’’) and Rule the Commission to approve a proposed submission, all subsequent 2 19b–4 thereunder. The proposed rule rule change of a self-regulatory amendments, all written statements change was published for comment in organization if the Commission finds with respect to the proposed rule the Federal Register on January 5, that such proposed rule change is change that are filed with the 2015.3 The Commission received no consistent with the requirements of the Commission, and all written comment letters regarding the proposed change. For the reasons discussed Act and the rules and regulations communications relating to the thereunder applicable to such self- proposed rule change between the below, the Commission is granting approval of the proposed rule change. regulatory organization. Section Commission and any person, other than 17A(b)(3)(F) of the Act 5 requires, among those that may be withheld from the II. Description of the Proposed Rule other things, that the rules of a clearing public in accordance with the Change agency are designed to promote the provisions of 5 U.S.C. 552, will be ICC is proposing this change to revise prompt and accurate clearance and available for Web site viewing and the ICC End-of-Day Price Discovery settlement of securities transactions printing in the Commission’s Public Policies and Procedures to remove the and, to the extent applicable, derivative Reference Room, 100 F Street NE., ability for Clearing Participants to agreements, contracts, and transactions, Washington, DC 20549 on official submit end-of-day submissions for to assure the safeguarding of securities business days between the hours of Single Name instruments in terms of and funds which are in the custody or 10:00 a.m. and 3:00 p.m. Copies of such spread and associated recovery rate. control of the clearing agency or for filing also will be available for This revision does not require any which it is responsible and, in general, inspection and copying at the principal changes to the ICC Clearing Rules. to protect investors and the public ICC requires all Clearing Participants offices of the Exchange. All comments interest. received will be posted without change; to provide end-of-day submissions for The Commission finds that the the Commission does not edit personal specific instruments related to their proposed rule change is consistent with identifying information from cleared open interest. ICC states that it Section 17A of the Act 6 and the rules submissions. You should submit only uses these submissions as inputs to its thereunder applicable to ICC. The information that you wish to make price discovery algorithm, which revised ICC End-of-Day Price Discovery available publicly. All submissions determines end-of-day levels. According to ICC, it computes margin Policies and Procedures will ensure ICC should refer to File Number SR– and guaranty fund requirements, and all uses data that reflect its Clearing NASDAQ–2015–010, and should be other money movements, in price terms, Participants’ view of the price of a given submitted on or before March 11, 2015. but currently supports Clearing Single Name instrument, without the For the Commission, by the Division of Participant submissions in terms of use of a model to imply a given price, Trading and Markets, pursuant to delegated price (or the equivalent points upfront), resulting in an end-of-day price that is authority.12 or spread and associated recovery rate. not subject to any potential model Brent J. Fields, As a result, according to ICC, the first limitations or assumptions. As such, the Secretary. step in the price discovery algorithm for Commission believes that the proposed Single Name instruments is to convert [FR Doc. 2015–03232 Filed 2–17–15; 8:45 am] rule change will promote the prompt any submissions in terms of spread and BILLING CODE 8011–01–P and accurate settlement of securities associated recovery rate to the and derivatives transactions, and equivalent submission in price terms therefore is consistent with the using the ISDA standard model. requirements of the Act and the rules ICC therefore proposes to revise its and regulations thereunder applicable to End-of-Day Price Discovery Policies and ICC, in particular, Section 17A(b)(3)(F).7 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 4 15 U.S.C. 78s(b)(2)(C). 3 Securities Exchange Act Release No. 34–73951 5 15 U.S.C. 78q–1(b)(3)(F). (Dec. 29, 2014), 80 FR 269 (Jan. 5, 2015) (SR–ICC– 6 15 U.S.C. 78q–1. 12 17 CFR 200.30–3(a)(12). 2014–23). 7 15 U.S.C. 78q–1(b)(3)(F).
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IV. Conclusion II. Description of the Proposed Rule III. Comments Change On the basis of the foregoing, the The Commission received one Commission finds that the proposal is ICC proposes to adopt rules that will comment supporting approval of the proposed rule change. In this consistent with the requirements of the provide the basis for ICC to clear anonymous comment, the author Act and in particular with the additional credit default swap (‘‘CDS’’) expressed general support for the requirements of Section 17A of the Act 8 contracts. Specifically, ICC is proposing to amend Section 26I of its Rules to proposal but did not opine on any and the rules and regulations particular aspects of the proposal or thereunder. provide for the clearance of additional Standard Western European Sovereign offer any specific comment beyond a It Is Therefore Ordered, pursuant to CDS contracts (collectively, ‘‘SWES statement of general support. Section 19(b)(2) of the Act,9 that the Contracts’’). ICC has been approved to IV. Discussion and Commission proposed rule change (File No. SR–ICC– clear four SWES Contracts: the Republic 10 Findings 2014–23) be, and hereby is, approved. of Ireland, the Italian Republic, the Section 19(b)(2)(C) of the Act 6 directs Portuguese Republic, and the Kingdom For the Commission, by the Division of the Commission to approve a proposed Trading and Markets, pursuant to delegated of Spain.5 The proposed changes to the 11 rule change of a self-regulatory authority. ICC Rules would provide for the organization if the Commission finds Brent J. Fields, clearance of additional SWES Contracts, that such proposed rule change is Secretary. specifically the Kingdom of Belgium consistent with the requirements of the and the Republic of Austria (the [FR Doc. 2015–03230 Filed 2–17–15; 8:45 am] Act and the rules and regulations ‘‘Additional SWES Contracts’’). BILLING CODE 8011–01–P thereunder applicable to such self- ICC states that these Additional SWES regulatory organization. Section Contracts will be offered on the 2003 17A(b)(3)(F) of the Act 7 requires, among SECURITIES AND EXCHANGE and 2014 ISDA Credit Derivatives other things, that the rules of a clearing COMMISSION Definitions. ICC believes that the agency are designed to promote the addition of these SWES Contracts will prompt and accurate clearance and benefit the market for credit default settlement of securities transactions [Release No. 34–74256; File No. SR–ICC– swaps on Western European sovereigns 2014–21] and, to the extent applicable, derivative by providing market participants the agreements, contracts, and transactions, benefits of clearing, including reduction Self-Regulatory Organizations; ICE to assure the safeguarding of securities in counterparty risk and safeguarding of Clear Credit LLC; Order Approving and funds which are in the custody or margin assets pursuant to clearing house Proposed Rule Change To Provide for control of the clearing agency or for rules. According to ICC, the clearing of the Clearance of Additional Standard which it is responsible and, in general, the additional SWES Contracts will not Western European Sovereign Single to protect investors and the public require any changes in ICC’s risk Names interest. management framework (including The Commission finds that clearing of February 11, 2015. relevant policies) or margin model. ICC the Additional SWES Contracts is represents that the Additional SWES consistent with the requirements of I. Introduction Contracts have terms consistent with the Section 17A of the Act 8 and regulations other SWES Contracts which ICC has thereunder applicable to it, including On December 16, 2014, ICE Clear been approved to clear and which will the standards under Rule 17Ad–22.9 Credit LLC (‘‘ICC’’) filed with the be governed by Subchapter 26I of the The proposed change will provide for Securities and Exchange Commission ICC rules, namely the Republic of clearing of Additional SWES Contracts (‘‘Commission’’) the proposed rule Ireland, the Italian Republic, the in the same manner as other SWES change SR–ICC–2014–21 pursuant to Portuguese Republic, and the Kingdom Contracts. Specifically, the new Section 19(b)(1) of the Securities contracts will be cleared, and the risk 1 of Spain. Exchange Act of 1934 (‘‘Act’’) and Rule associated with clearing the new 19b–4 thereunder.2 The proposed rule ICC proposes minor revisions to Subchapter 26I (Standard Western contracts will be appropriately change was published for comment in European Sovereign (‘‘SWES’’) Single managed, pursuant to ICC’s existing the Federal Register on January 2, Name) to provide for clearing the margin and guaranty fund methodology, 2015.3 The Commission received one additional SWES Contracts. Rule 26I– operational and managerial procedures, comment.4 For the reasons discussed 102 will be modified to include the settlement procedures and default below, the Commission is approving the Kingdom of Belgium and the Republic management policies. The Commission proposed rule change. of Austria in the list of specific Eligible believes that the proposal is therefore SWES Reference Entities to be cleared designed to promote the prompt and 8 15 U.S.C. 78q–1. by ICC. Additionally, in ICC Rule 26D– accurate clearance and settlement of 9 15 U.S.C. 78s(b)(2). 102 (Definitions), the definition of securities transactions and derivative 10 In approving the proposed rule change, the agreements, contracts and transactions Commission considered the proposal’s impact on ‘‘Eligible SES Reference Entity’’ will be efficiency, competition and capital formation. 15 modified to correct a typographical error cleared by ICC, to assure the U.S.C. 78c(f). and correctly identify the reference safeguarding of securities and funds in 11 17 CFR 200.30–3(a)(12). entity for a cleared product as Hungary the custody or control of ICC, and to 1 15 U.S.C. 78s(b)(1). (as opposed to the Republic of protect investors and the public interest, 2 17 CFR 240.19b–4. Hungary). within the meaning of is designed to 3 Securities Exchange Act Release No. 34–73941 promote the prompt and accurate (Dec. 24, 2014), 80 FR 75 (Jan. 2, 2015) (File No. SR–ICC–2014–21). 5 See Exchange Act Release No. 34–72941(Nov. 5, 6 4 See Comment from Anonymous, dated January 2014), 79 FR 67213 (Nov. 12, 2014) (File No. SR– 15 U.S.C. 78s(b)(2)(C). 23, 2015, available at http://www.sec.gov/ ICC–2014–14) (order approving rule change to clear 7 15 U.S.C. 78q–1(b)(3)(F). comments/sr-icc-2014-21/icc201421-1.htm (stating other Western European sovereign CDS contracts) 8 15 U.S.C. 78q–1. ‘‘Good Idea’’). (the ‘‘Prior WES Order’’). 9 17 CFR 240.17Ad–22.
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clearance and settlement of securities solicit comments on the proposed rule substantively identical to corresponding transactions, consistent with Section change from interested persons. rules on BZX and BYX 6 related to 17A(b)(3)(F) of the Act.10 registration requirements in order to I. Self-Regulatory Organization’s provide a consistent regulatory V. Conclusion Statement of the Terms of Substance of the Proposed Rule Change approach across each of the BGM On the basis of the foregoing, the Affiliated Exchanges.7 Commission finds that the proposal is The Exchange filed a proposal to Currently, Rule 1.5(n) defines the consistent with the requirements of the amend Rules 1.5, 2.3, 2.5, and 2.6 term ‘‘Member’’ as meaning any Act and in particular with the related to the registration requirements registered broker or dealer, or any requirements of Section 17A of the for Members of the Exchange. person associated with a registered Act 11 and the rules and regulations The text of the proposed rule change broker or dealer, that has been admitted thereunder. is available at the Exchange’s Web site to membership in the Exchange. A It is therefore ordered, pursuant to at www.batstrading.com, at the Member will have the status of a Section 19(b)(2) of the Act,12 that the principal office of the Exchange, and at ‘‘member’’ of the Exchange as that term proposed rule change (SR–ICC–2014– the Commission’s Public Reference is defined in Section 3(a)(3) of the Act. 21) be, and hereby is, approved.13 Room. The Exchange is proposing, however, to For the Commission, by the Division of II. Self-Regulatory Organization’s delete ‘‘or any person associated with a Trading and Markets, pursuant to delegated Statement of the Purpose of, and registered broker or dealer’’ from the authority.14 Statutory Basis for, the Proposed Rule rule text, as such phrase is not Brent J. Fields, Change contained in corresponding BZX and Secretary. In its filing with the Commission, the BYX rules (i.e., Rule 1.5(n)) and because [FR Doc. 2015–03229 Filed 2–17–15; 8:45 am] Exchange included statements the Exchange no longer believes that BILLING CODE 8011–01–P concerning the purpose of and basis for this language is necessary. The the proposed rule change and discussed Exchange is also proposing to amend any comments it received on the the rule text such that Membership may SECURITIES AND EXCHANGE proposed rule change. The text of these be granted to a sole proprietor, COMMISSION statements may be examined at the partnership, corporation, limited [Release No. 34–74254; File No. SR–EDGA– places specified in Item IV below. The liability company or other organization 2015–06] Exchange has prepared summaries, set which is a registered broker or dealer forth in Sections A, B, and C below, of pursuant to Section 15 of the Act, and Self-Regulatory Organizations; EDGA the most significant parts of such which has been approved by the Exchange, Inc.; Notice of Filing and statements. Exchange, language which is currently Immediate Effectiveness of a Proposed included in Rule 2.3(a), which, as Rule Change to Rules 1.5, 2.3, 2.5, and A. Self-Regulatory Organization’s described below, the Exchange is 2.6 Related to the Registration Statement of the Purpose of, and proposing to delete in order to further Requirements for Members of EDGA Statutory Basis for, the Proposed Rule align Exchange rules with BZX and BYX Exchange, Inc. Change 1.5(n). 1. Purpose The Exchange is also proposing to February 11, 2015. delete the definition of ‘‘Principal’’ from Pursuant to Section 19(b)(1) of the The Exchange proposes to amend the Rule 1.5(t), which will instead be Securities Exchange Act of 1934 (the various Exchange rules related to the defined in the proposed changes to 1 2 ‘‘Act’’), and Rule 19b–4 thereunder, registration requirements on the paragraph (d) of Interpretation and notice is hereby given that on January Exchange in order to make the Policy .01 to Rule 2.5, which are further 30, 2015, EDGA Exchange, Inc. (the Exchange’s registration requirements described below. Currently, the term ‘‘Exchange’’ or ‘‘EDGA’’) filed with the substantively identical to the principal means persons associated with Securities and Exchange Commission corresponding rules on BATS Exchange, a member who are actively engaged in (‘‘Commission’’) the proposed rule Inc. (‘‘BZX’’) and BATS Y-Exchange, the management of the member’s change as described in Items I and II Inc. (‘‘BYX’’), as further described securities business, including below, which Items have been prepared below. Earlier this year, the Exchange supervision, solicitation, conduct of by the Exchange. The Exchange has and its affiliate, EDGX Exchange, Inc. business or the training of persons designated this proposal as a ‘‘non- (‘‘EDGX’’), received approval to effect a associated with a Member for any of controversial’’ proposed rule change merger (the ‘‘Merger’’) of the Exchange’s these functions. Such persons shall pursuant to Section 19(b)(3)(A) of the parent company, Direct Edge Holdings include sole proprietors, officers, 3 Act and Rule 19b–4(f)(6)(iii) LLC, with BATS Global Markets, Inc., partners, managers of business offices 4 thereunder, which renders it effective the parent of BZX and BYX (together engaged in such functions, and directors upon filing with the Commission. The with BZX, EDGA, and EDGX, the ‘‘BGM of corporations. The Exchange is 5 Commission is publishing this notice to Affiliated Exchanges’’). In the context proposing to add the text ‘‘(Reserved)’’ of the Merger, the BGM Affiliated to the rule text in order to maintain the 10 15 U.S.C. 78q–1(b)(3)(F). Exchanges are working to align certain current paragraph numbering within 11 15 U.S.C. 78q–1. system and regulatory functionality, 12 15 U.S.C. 78s(b)(2). Rule 1.5. The proposed new definition retaining only intended differences for principal will be discussed below. 13 In approving the proposed rule change, the between the BGM Affiliated Exchanges. Commission considered the proposal’s impact on The Exchange intends to consolidate efficiency, competition and capital formation. 15 Thus, the proposal set forth below is its registration requirements in Rule 2.5 U.S.C. 78c(f). intended to amend Rules 1.5, 2.3, 2.5, 14 17 CFR 200.30–3(a)(12). and 2.6 to make such Rules 6 See BZX and BYX Rules 1.5, 2.3, 2.5, and 2.6. 1 15 U.S.C. 78s(b)(1). 7 The Exchange notes that EDGX intends to file 2 17 CFR 240.19b–4. 5 See Securities Exchange Act Release No. 71449 a proposal very similar to this proposal that will 3 15 U.S.C. 78s(b)(3)(A). (January 30, 2014), 79 FR 6961 (February 5, 2014) align the rules related to registration requirements 4 17 CFR 240.19b–4(f)(6)(iii). (SR–EDGX–2013–043; SR–EDGA–2013–034). across each of the BGM Affiliated Exchanges.
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in order to align the rule with BZX and 2.5 Interpretation and Policy .01 (d) numbering of such Interpretation and BYX Rule 2.5. Accordingly, the through (i) and Rule 2.6(g). The only Policy to BZX and BYX Rule 2.5, Exchange is also proposing to make material differences between the Interpretation and Policy .01(c). As several changes to Rule 2.3, currently Exchange’s current rules and the such, the Exchange is proposing that titled ‘‘Member Eligibility & proposed rules are as follows: (i) As such paragraph state that the Exchange Registration’’, which will also make the proposed, the Exchange would accept requires the General Securities Rule consistent with BZX and BYX Rule the New York Stock Exchange Series 14 Representative Examination or an 2.3. First, consistent with this Compliance Official Examination in lieu equivalent foreign examination module consolidation, the Exchange is of the Series 24 to satisfy the approved by the Exchange in qualifying proposing to delete ‘‘& Registration’’ requirement for any person designated persons seeking registration as general from the title of Rule 2.3, which is also as a Chief Compliance Officer, which it securities representatives, including as consistent with BZX and BYX Rule 2.3. currently does not; and (ii) as proposed, Authorized Traders on behalf of The Exchange is also proposing to the Exchange would permit the Series Members. For those persons seeking amend Rule 2.3(a), which currently 56 as a prerequisite to the Series 24 or limited registration as Proprietary states that ‘‘Except as hereinafter Series 14 for those Principals whose Traders as described in proposed provided, any broker or dealer supervisory responsibilities are limited paragraph (f), the Exchange requires the registered pursuant to Section 15 of the to overseeing the activities of Proprietary Traders Qualification Act, that is and remains a member of proprietary traders instead of requiring Examination. The Exchange uses the another registered national securities the Series 7 for all principals. The Uniform Application for Securities exchange or association (other than or in Exchange also notes that, as proposed, Industry Registration or Transfer as part addition to the Exchange’s affiliates— Rule 2.5 Interpretation and Policy .01(e) of its procedure for registration and BATS Exchange, Inc., BATS Y- would allow the Exchange to waive the oversight of Member personnel. The Exchange, Inc., or EDGX Exchange, Financial/Operations Principal changes do not substantively modify the Inc.), or any person associated with requirements where a Member has operation of Interpretation and Policy such a registered broker or dealer, shall satisfied the financial and operational .03, but rather, serve to modify the be eligible to be and to remain a requirements of the Member’s numbering of the provision Member. Membership may be granted to designated examining authority (renumbering it as paragraph (c) of a sole proprietor, partnership, applicable to registration, a provision Interpretation and Policy .01), update corporation, limited liability company which the Exchange has proposed to internal cross-references, and modify or other organization or individual that include because the Exchange is not the the language of the provision to align has been approved by the Exchange.’’ designated examining authority for any with that contained within BZX and The Exchange is proposing to amend of its Members and requires all of its BYX Rule 2.5, Interpretation and Policy Rule 2.3(a) to read: ‘‘Except as Members to be a member of at least one .01(c). hereinafter provided, any registered other national securities association or Finally, the Exchange is proposing to broker or dealer that is and remains a national securities exchange (excluding make certain non-substantive changes 8 member of another registered national other BGM Affiliated Exchanges). The including the deletion of paragraphs (1) securities exchange or association (other Exchange does not believe that not through (4) of Interpretation and Policy than or in addition to the Exchange’s including certain exemptions currently .03 to Rule 2.5, along with the entirety affiliates—BATS Exchange, Inc., BATS existing within Rules 2.3(b) and (c) are of Interpretation and Policy .04, .05, and .06 to Rule 2.5 and replacing them with Y-Exchange, Inc., or EDGX Exchange, substantive differences because the the language from the corresponding Inc.), or any person associated with Exchange believes that, while not BZX and BYX rules contained within such a registered broker or dealer, shall necessarily presented as exemptions to proposed Interpretation and Policy .02 be eligible to be and to remain a Exchange Rules, such language is (‘‘Continuing Education Member,’’ which will make such Rule otherwise covered by proposed Rule 2.5 Requirements’’), .03 (‘‘Registration substantively identical to that of both Interpretation and Policy .01. For Procedures’’), and .04 (‘‘Termination of BZX and BYX Rule 2.3(a). As described instance, the Exchange does not believe it needs to exempt clerical or Employment’’) to Rule 2.5. Such above, the Exchange has proposed to administrative personnel from Exchange proposed language is substantively add substantially similar language to registration requirements because identical to the existing Exchange rules Exchange Rule 1.5(n) to conform such Exchange Rules, either in their current and constitutes a reorganization of rule Rule with BZX and BYX Rule 1.5(n). form or as amended, do not state or text designed to harmonize the structure The Exchange is also proposing to imply that such personnel are required of the rules across each of the BGM delete Rules 2.3(b), (c), and (d), entitled to register with the Exchange. The Affiliated Exchanges rather than to ‘‘Registration Requirements,’’ Exchange’s registration rules instead materially amend any Exchange Rules. ‘‘Registration of Principals,’’ and require registration with the Exchange The Exchange is also proposing to ‘‘Persons Exempt from Registration’’ and of Authorized Traders as well as those change the numbering and adding [sic] replace them with proposed new Rule personnel responsible for supervision of titles in several of the Interpretations 2.5 Interpretation and Policy .01 (d) such personnel and the supervision of a and Policies to Rule 2.5 to increase through (i) and Rule 2.6(g), effectively Member firm more generally (i.e., a clarity in the proposed rules. moving the requirements from Rule 2.3 firm’s Chief Compliance Officer and The Exchange notes that there are to Rules 2.5 and 2.6, making the Financial/Operations Principal). certain additional differences between Exchange Rules consistent with those of The Exchange is also proposing to the rules proposed herein and those of BZX and BYX. The Exchange notes that, make certain amendments to Rule 2.5 in BZX that relate to registration for except as stated below, there are no order to conform with BZX and BYX options trading because BZX has an substantive differences between the Rule 2.5. Specifically, the Exchange is options trading platform and thus has language that the Exchange is proposing proposing to amend Interpretation and certain registration requirements that do to delete in Rules 2.3(b), (c), and (d) that Policy .03 to Rule 2.5, to conform the not apply to the Exchange. Similar to is not otherwise being proposed to be the proposed rules proposed for the added back in the amendments to Rule 8 See Exchange Rule 2.3. Exchange, BYX has no such registration
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requirements because it also does not B. Self-Regulatory Organization’s Electronic Comments have an options trading platform. Statement on Burden on Competition • The Exchange is proposing to Use the Commission’s Internet implement the proposed changes on The Exchange does not believe that comment form (http://www.sec.gov/ March 2, 2015. the proposed rule change will impose rules/sro.shtml); or any burden on competition not • Send an email to rule-comments@ 2. Statutory Basis necessary or appropriate in furtherance sec.gov. Please include File Number SR– The Exchange believes that the rule of the purposes of the act. To the EDGA–2015–06 on the subject line. change proposed in this submission is contrary, allowing the Exchange to consistent with the requirements of the implement substantively identical Paper Comments registration rules across each of the Act and the rules and regulations • Send paper comments in triplicate BGM Affiliated Exchanges does not thereunder that are applicable to a to Secretary, Securities and Exchange national securities exchange, and, in present any competitive issues, but Commission, 100 F Street NE., particular, with the requirements of rather is designed to provide greater Washington, DC 20549–1090. Section 6(b) of the Act.9 Specifically, harmonization among Exchange [sic], the proposed change is consistent with BYX, EDGA, and EDGX rules of similar All submissions should refer to File Section 6(b)(5) of the Act,10 because it purpose, resulting in less burdensome Number SR–EDGA–2015–06. This file is designed to promote just and and more efficient regulatory number should be included on the equitable principles of trade, to remove compliance for common members of the subject line if email is used. To help the impediments to, and perfect the BGM Affiliated Exchanges and an Commission process and review your mechanism of, a free and open market enhanced ability of the BGM Affiliated comments more efficiently, please use and a national market system, and, in Exchanges to fairly and efficiently only one method. The Commission will general, to protect investors and the regulate members, which will further post all comments on the Commission’s public interest. As mentioned above, the enhance competition. Internet Web site (http://www.sec.gov/ proposed rule changes, combined with rules/sro.shtml). Copies of the 11 C. Self-Regulatory Organization’s the planned filing for EDGA [sic], submission, all subsequent would allow the BGM Affiliated Statement on Comments on the amendments, all written statements Exchanges to provide a consistent set of Proposed Rule Change Received From with respect to the proposed rule rules as it relates to the registration Members, Participants or Others requirements across each of the change that are filed with the exchanges. Consistent rules, in turn, The Exchange has neither solicited Commission, and all written will simplify the regulatory nor received written comments on the communications relating to the requirements for Members of the proposed rule change. proposed rule change between the Commission and any person, other than Exchange that are also participants on III. Date of Effectiveness of the those that may be withheld from the EDGA [sic], BZX and/or BYX. The Proposed Rule Change and Timing for public in accordance with the proposed rule change would provide Commission Action greater harmonization between rules of provisions of 5 U.S.C. 552, will be similar purpose on the BGM Affiliated The Exchange has designated this rule available for Web site viewing and Exchanges, resulting in greater filing as non-controversial under printing in the Commission’s Public uniformity and less burdensome and Section 19(b)(3)(A) of the Act 12 and Reference Room, 100 F Street NE., more efficient regulatory compliance. paragraph (f)(6) of Rule 19b–4 Washington, DC 20549, on official As such, the proposed rule change thereunder.13 business days between the hours of would foster cooperation and At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of such coordination with persons engaged in filing of the proposed rule change, the filing will also be available for facilitating transactions in securities and Commission summarily may inspection and copying at the principal would remove impediments to and temporarily suspend such rule change if office of the Exchange. All comments perfect the mechanism of a free and it appears to the Commission that such received will be posted without change; open market and a national market action is necessary or appropriate in the the Commission does not edit personal system. public interest, for the protection of identifying information from Similarly, the Exchange also believes investors, or otherwise in furtherance of submissions. You should submit only that, by harmonizing the rules and the purposes of the Act. If the information that you wish to make registration requirements across each Commission takes such action, the available publicly. All submissions BGM Affiliated Exchange, the proposal Commission shall institute proceedings should refer to File Number SR–EDGA– will enhance the Exchange’s ability to 2015–06 and should be submitted on or fairly and efficiently regulate its to determine whether the proposed rule before March 11, 2015. Members, meaning that the proposed should be approved or disapproved. rule change is equitable and will IV. Solicitation of Comments For the Commission, by the Division of promote fairness in the market place. Trading and Markets, pursuant to delegated Finally, the Exchange believes that Interested persons are invited to authority.14 the non-substantive changes discussed submit written data, views, and Brent J. Fields, above will contribute to the protection arguments concerning the foregoing, Secretary. of investors and the public interest by including whether the proposed rule [FR Doc. 2015–03227 Filed 2–17–15; 8:45 am] change is consistent with the Act. helping to avoid confusion with respect BILLING CODE 8011–01–P to Exchange rules. Comments may be submitted by any of the following methods: 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). 12 15 U.S.C. 78s(b)(3)(A). 11 See supra note 7. 13 17 CFR 240.19b–4. 14 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s even though such TIF indicates an COMMISSION Statement of the Purpose of, and instruction to execute an order Statutory Basis for, the Proposed Rule immediately in whole or in part and/or [Release No. 34–74250; File No. SR–BYX– Change cancel it back. Under current rules, the TIF of IOC indicates that an order is to 2015–07) 1. Purpose be executed in whole or in part as soon Self-Regulatory Organizations; BATS On June 5, 2014, Chair Mary Jo White as such order is received and the Y–Exchange, Inc.; Notice of Filing of a asked all national securities exchanges portion not executed is to be cancelled. Proposed Rule Change to Rules 11.9 of to conduct a comprehensive review of The Exchange proposes to expand upon BATS Y–Exchange, Inc. each order type offered to members and the description of IOC to specify that an how it operates.4 The proposals set forth order with such TIF may be routed away February 11, 2015. below, therefore, are the product of a from the Exchange but that in no event Pursuant to Section 19(b)(1) of the comprehensive review of Exchange will an order with such TIF be posted Securities Exchange Act of 1934 (the system functionality conducted by the to the BATS Book. The Exchange notes ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange and are intended to add that IOC orders routed away from the notice is hereby given that on January additional clarity and specificity Exchange are in turn routed as IOC 30, 2015, BATS Y–Exchange, Inc. (the regarding the current functionality of orders. The Exchange also notes that 5 ‘‘Exchange’’ or ‘‘BYX’’) filed with the the Exchange’s System, including the current Rule 11.13(a)(2) already Securities and Exchange Commission operation of its order types and order includes reference to routable IOCs, and (‘‘Commission’’) the proposed rule instructions. The Exchange is not the proposed modifications to the rule change as described in Items I, II and III proposing any substantive modifications text are intended to add further below, which Items have been prepared to the System. specificity that IOCs are routable. The changes proposed below are by the Exchange. The Commission is In addition to the change described designed to update the rulebook to publishing this notice to solicit above, the Exchange proposes to make reflect current System functionality and comments on the proposed rule change clear in Rule 11.9(b)(6) that an order include: (i) Making clear that orders from interested persons. with a TIF of FOK is not eligible for with a Time-in-Force (‘‘TIF’’) of routing. Although orders with a TIF of I. Self-Regulatory Organization’s Immediate-or-Cancel (‘‘IOC’’) can be FOK are generally treated the same as Statement of the Terms of the Substance routed away from the Exchange; (ii) IOCs, the Exchange does not permit of the Proposed Rule Change specifying the methodology used by the routing of orders with a FOK because Exchange to determine whether BATS The Exchange filed a proposal to the Exchange is unable to ensure the Post Only Orders 6 will remove liquidity amend Rules 11.9, 11.12, and 11.13 to from the BATS Book; 7 (iii) adding instruction of FOK (i.e., execution of an clarify and to include additional additional detail to and re-structuring order in its entirety) through the routing specificity regarding the current the description of Pegged Orders; (iv) process. functionality of the Exchange’s System,3 adding additional detail to the Finally, in connection with these including the operation of its order description of Mid-Point Peg Orders; (v) changes, the Exchange also proposes to types and order instructions, as further adding additional detail to the modify current Rule 11.13(a)(2) (to be described below. description of Discretionary Orders; (vi) re-numbered as Rule 11.13(b)(2)) to add The text of the proposed rule change amending Rule 11.12, Priority of Orders, the cancellation of an unfilled balance is available at the Exchange’s Web site and Rule 11.13, Order Execution, to of an order as one possible outcome at www.batstrading.com, at the provide additional specificity and after an order has been routed away. principal office of the Exchange, and at enhance the structure of Exchange rules Rule 11.13(a)(2) currently describes the Commission’s Public Reference describing the process for ranking, other variations of how the Exchange Room. executing and routing orders; (vii) handles an order after it has been routed adding additional detail to the away, but does not specifically state that II. Self-Regulatory Organization’s it may be cancelled after the routing Statement of the Purpose of, and description of orders subject to Re-Route functionality; and (viii) making a series process, which would be the case with Statutory Basis for, the Proposed Rule an order submitted to the Exchange with Change of conforming changes to Rules 11.9, 11.12 and 11.13 to update cross- a TIF of IOC. In its filing with the Commission, the references. Computation of Economic Best Interest Exchange included statements for BATS Post Only Orders concerning the purpose of and basis for Routable Orders With Time in Force of the proposed rule change and discussed Immediate-or-Cancel The Exchange proposes to modify any comments it received on the The Exchange proposes to modify Rule 11.9(c)(6) to specify the proposed rule change. The text of these Rule 11.9(b)(1) to update the description methodology used by the Exchange to statements may be examined at the of the TIF of IOC to make clear that determine whether BATS Post Only places specified in Item IV below. The orders with a TIF of IOC are routable Orders will remove liquidity from the Exchange has prepared summaries, set Exchange’s order book. Under the forth in Sections A, B, and C below, of 4 See Mary Jo White, Chair, Commission, Speech Exchange’s current rules, a BATS Post the most significant parts of such at the Sandler O’Neill & Partners, L.P. Global Only Order is an order that an entering Exchange and Brokerage Conference, (June 5, 2014) User 8 intends to be posted to the BATS statements. (available at http://www.sec.gov/News/Speech/ Detail/Speech/1370542004312#.VD2HW610w6Y). Book, and thus will not ordinarily 1 15 U.S.C. 78s(b)(1). 5 Exchange Rule 1.5(aa) defines ‘‘System’’ as ‘‘the remove liquidity from the Exchange. 2 17 CFR 240.19b–4. electronic communications and trading facility However, BATS Post Only Orders will 3 Exchange Rule 1.5(aa) defines ‘‘System’’ as ‘‘the designated by the Board through which securities electronic communications and trading facility orders of Users are consolidated for ranking, 8 As defined in Exchange Rule 1.5(cc), a User is designated by the Board through which securities execution and, when applicable, routing away.’’ ‘‘any Member or Sponsored Participant who is orders of Users are consolidated for ranking, 6 See Rule 11.9(c)(6). authorized to obtain access to the System pursuant execution and, when applicable, routing away.’’ 7 As defined in Rule 1.5(e). to Rule 11.3.’’
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remove liquidity from the BATS Book if Orders to remove liquidity in lower or crossed. Specifically, the Exchange such execution is in the economic best priced securities because the Exchange’s proposes to add language stating that interests of the User entering the BATS fee structure never has provided a upon instruction from a User Mid-Point Post Only Order, taking into account significant rebate or charged a Peg Orders will not execute when the applicable fees and rebates.9 significant fee for such orders. Because market is locked. The Exchange makes Specifically, as set forth in Rule the execution cost economics are this feature optional because while 11.9(c)(6), BATS Post Only Orders relatively flat, the Exchange believes it some Users may prefer not to execute in remove liquidity from the BATS Book if is more efficient to simply allow all a locked market given that there is no the value of ‘‘price improvement’’ orders in such securities to remove real mid-point in such a situation and associated with such execution equals liquidity. it might be evidence of a pricing or exceeds the sum of fees charged for Third, the Exchange proposes to make disparity in a security, other Users may such execution and the value of any clear its methodology for determining prefer an execution. The Exchange also rebate that would be provided if the the applicable fees and rebates given the proposes to state that Mid-Point Peg order posted to the BATS Book and fact that the Exchange maintains a tiered Orders are not eligible to execute when subsequently provided liquidity. The pricing structure. Under the Exchange’s the NBBO is crossed. The Exchange Exchange proposes three changes to the current tiered pricing structure, an does not execute Mid-Point Peg Orders description of BATS Post Only Orders entering User may receive a variable in a crossed market because the pricing to make clear the methodology used in rebate for adding liquidity depending on of the mid-point, and the security calculating whether a BATS Post Only the User’s volume during the month in generally, is uncertain in such a Order should remove liquidity on entry. question. The Exchange determines situation. The Exchange notes that each of these whether Users qualify for higher rebates Discretionary Orders changes will conform the Exchange’s at the end of the month, looking back at rule governing BATS Post Only Orders the User’s activity during the month. To The Exchange proposes to amend the with Rule 11.6(n)(4) of the Exchange’s account for this variable rebate structure description of Discretionary Orders affiliate, EDGX Exchange, Inc. and to ensure that the Exchange does contained in Rule 11.9(c)(10) and to add (‘‘EDGX’’). not determine that an execution is in an additional detail regarding the First, the Exchange proposes to clarify entering User’s economic best interests execution of such orders, as set forth that rather than requiring price when, in fact, it is not due to a different below. First, the current description improvement, which indicates an rebate or fee 10 ultimately achieved by indicates that a Discretionary Order has execution at a better price level than an the User, the Exchange applies the a displayed price and size and a non- order’s limit price, the Exchange highest possible rebate provided and displayed ‘‘discretionary price.’’ The calculates the value of the overall highest possible fee charged for such Exchange proposes to make clear that execution taking into account applicable executions on the Exchange. The although a Discretionary Order may fees and rebates. Accordingly, to the Exchange proposes to make this rebate have a displayed price and size as well extent the fee and rebate structure on its and fee assumption clear in the as a discretionary price, a Discretionary own (i.e., even at the limit price) makes Exchange’s rule text. Order may also be fully non-displayed, it economically advantageous to remove and thus, will have a non-displayed liquidity rather than post to the BATS Pegged Orders ranked price as well as a discretionary Book and subsequently provide The Exchange proposes to restructure price. In addition to reflecting the liquidity, the Exchange will allow a Rule 11.9(c)(8), related to Pegged ability to have a non-displayed BATS Post Only Order to remove Orders, and to add additional detail to Discretionary Order, the Exchange liquidity. The Exchange notes that such Rule regarding the handling of proposes various minor wording under its current fee structure, which such orders. With respect to changes to improve the description of provides a rebate for orders that remove restructuring, the Exchange currently Discretionary Orders to make clear that liquidity and a fee for orders that add offers two types of Pegged Orders such orders use the minimum amount of liquidity, this, in turn, results in an pursuant to Rule 11.9(c)(8), Primary discretion when executing against execution of a BATS Post Only Order Pegged Orders and Market Pegged incoming orders. upon entry any time that there is contra- Orders, and believes that each types of The Exchange also proposes to make side liquidity. The Exchange proposes Pegged Order would be easier to clear how a Discretionary Order the changes herein and to generally understand if described in separate interacts with a BATS Post Only Order maintain BATS Post Only Orders, paragraphs. Given the proposal to split or Partial Post Only at Limit Order however, to reflect the actual the Rule to address Primary Pegged entered at the displayed or non- functionality of the System, which does Orders and Market Pegged Orders displayed ranked price of such perform the specified economic best separately, the Exchange also proposes Discretionary Order that does not interest analysis and also in the event to add an additional lead-in sentence remove liquidity on entry pursuant to the Exchange’s fees change. that summarizes the operation of Pegged Rule 11.9(c)(6) or Rule 11.9(c)(7), Second, the Exchange proposes to Orders generally. respectively, by stating that the make clear that this methodology is Discretionary Order is converted to an applied only to securities priced at Mid-Point Peg Orders executable order and will remove $1.00 and above, and thus, that all The Exchange proposes to add liquidity against such incoming order. BATS Post Only Orders in securities additional specificity regarding Mid- Similar to the Re-Route functionality priced below $1.00 remove contra-side Point Peg Orders and the handling of described below, due to the fact that liquidity. The Exchange believes it is such orders when the market is locked Discretionary Orders contain more reasonable to allow BATS Post Only aggressive prices at which they are 10 The Exchange notes that its current fee willing to execute, the Exchange treats 9 See Securities Exchange Act Release No. 67092 structure does not have a variable fee depending on Discretionary Orders as aggressive (June 1, 2012), 77 FR 33800 (June 7, 2012) (SR– trading activity during the month. If, in the future, orders that would prefer to execute at BYX–2012–009) (notice of filing and immediate the Exchange implements such a fee structure the effectiveness of rule change to amend the operation Exchange will use the highest possible fee for their displayed or non-displayed ranked of BATS Post Only Orders). purposes of Rule 11.9(c)(6). price than to forgo an execution due to
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applicable fees or rebates. Accordingly, remove any liquidity upon entry entry and would post to the BATS Book in order to facilitate transactions pursuant to the Exchange’s economic at $10.03. This would, in turn, trigger consistent with the instructions of its best interest functionality. Rather than the discretion of the resting buy order Users, the Exchange executes resting cancelling the incoming BATS Post and an execution would occur at $10.03. Discretionary Orders (and certain orders Only Order to sell back to the User, The BATS Only Order to sell would be with a Re-Route instruction, as particularly when the resting order is treated as the adder of liquidity and the described below) against incoming willing to buy the security for up to buy order with discretion would be orders, when such incoming orders $10.05 per share, the Exchange executes treated as the remover of liquidity. would otherwise forego an execution. at $10.00 the BATS Post Only Order • Assume the same facts as above, but The Exchange notes that the against the resting buy order with that the incoming BATS Only Order is determination of whether an order discretion. As is true in the example priced at $10.00 instead of $10.03. The should execute on entry against resting above, the BATS Post Only Order to sell BATS Only Order would remove interest, including against resting would be treated as the liquidity adder liquidity upon entry at $10.00 per share Discretionary Orders, is made prior to and the buy order with discretion would pursuant to the Exchange’s order determining whether the price of such be treated as the liquidity remover. As execution rules, as described in detail an incoming order should be adjusted set forth in more detail below, if the below. Contrary to the examples set pursuant to the Exchange’s price sliding incoming order was not a BATS Post forth above, the BATS Only Order to functionality pursuant to Rule 11.9(g). Only Order to sell, the incoming order sell would be treated as the liquidity In other words, an execution will have could be executed at the ranked price of remover and the resting buy order with already occurred as set forth above the Discretionary Order without discretion would be treated as the before the Exchange would consider restriction and would therefore be liquidity adder. The Exchange notes that whether an order could be displayed treated as the liquidity remover. this example operates the same whether and/or posted to the BATS Book, and if Additionally, the Exchange proposes an order contains a TIF of IOC, FOK or so, at what price. to codify the process by which it any other TIF. handles all incoming orders that interact The Exchange also proposes to modify Examples—Discretionary Order with Discretionary Orders. First, the the current description of the Executes Against BATS Post Only Exchange proposes to codify its Discretionary Order by eliminating Orders handling of a contra-side order that language stating, ‘‘[i]f a Discretionary Assume that the NBBO is $10.00 by executes against a resting Discretionary Order is not executed in full, the $10.05, and the Exchange’s BBO is $9.99 Order at its displayed or non-displayed unexecuted portion of the order is by $10.06. Assume that the Exchange ranked price or that contains a time-in- automatically re-posted and displayed receives a non-routable order to buy 100 force of IOC or FOK and a price in the in the BATS Book with a new shares of a security at $10.00 per share discretionary range by expressly stating timestamp, at its original displayed designated with discretion to pay up to that such an incoming order will price, and with its non-displayed an additional $0.05 per share. remove liquidity against the discretionary price offset.’’ The • Assume that the next order received Discretionary Order. Second, the Exchange believes this language is by the Exchange is a BATS Post Only Exchange proposes to codify its unnecessarily confusing because the Order to sell 100 shares of the security handling of orders that are intended to unexecuted portion of Discretionary at priced at $10.03 per share. The BATS post to the BATS Book at a price within Orders does not actually re-post solely Post Only Order would not remove any a Discretionary Order’s discretionary because part of the order was executed. liquidity upon entry pursuant to the range. This includes, but is not limited Rather, the remaining portion will Exchange’s economic best interest to, BATS Post Only Orders and Partial remain resting on the BATS Book functionality, and would post to the Post Only at Limit Orders. Specifically, without being removed from the BATS BATS Book at $10.03. This would, in the Exchange proposes to codify current Book. turn, trigger the discretion of the resting System functionality whereby any Finally, because Discretionary Orders buy order and an execution would occur contra-side order with a time-in-force have both a price at which they will be at $10.03. The BATS Post Only Order to other than IOC or FOK and a price ranked and an additional discretionary sell would be treated as the adder of within the discretionary range but not at price, the Exchange proposes to liquidity and the buy order with the displayed or non-displayed ranked expressly state how the Exchange discretion would be treated as the price of a Discretionary Order will be handles a routable Discretionary Order remover of liquidity. posted to the BATS Book and then the by stating that such an order will be • Assume the same facts as above, but Discretionary Order will remove routed away from the Exchange at its that the incoming BATS Post Only liquidity against such posted order. full discretionary price. As an example, Order is priced at $10.00 instead of assume the NBBO is $10.00 by $10.05 $10.03. As described above, under the Examples—Discretionary Order and the Exchange’s BBO is $9.99 by Exchange’s current fee structure, which Executes Against Non-Post Only Orders $10.06. If the Exchange receives a provides a rebate for orders that remove Assume that the NBBO is $10.00 by routable Discretionary Order to buy at liquidity and a fee for orders that add $10.05, and the Exchange’s BBO is $9.99 $10.00 with discretion to pay up to an liquidity, the BATS Post Only Order by $10.06. Assume that the Exchange additional $0.05 per share, the Exchange would execute on entry at $10.00 receives an order to buy 100 shares of would route the order as a limit order against the buy order with discretion a security at $10.00 per share designated to buy at $10.05. Any unexecuted pursuant to the Exchange’s best interest with discretion to pay up to an portion of the order would be posted to functionality. The buy order with additional $0.05 per share. the BATS Book with a ranked price of discretion would be treated as the adder • Assume that the next order received $10.00 and discretion to pay up to of liquidity and the BATS Post Only by the Exchange is a BATS Only Order $10.05. Order to sell would be treated as the to sell 100 shares of the security with a remover of liquidity. Assume, however, TIF other than IOC or FOK priced at Priority and Execution Algorithm for purposes of this example that the $10.03 per share. The BATS Only Order With respect to the Exchange’s BATS Post Only Order would not would not remove any liquidity upon priority and execution algorithm, the
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Exchange is proposing various minor orders retain and lose ‘‘time’’ priority entry would execute against contra-side and structural changes that are intended under certain circumstances, as opposed interest at the same price as such to emphasize the processes by which to priority generally, because retaining displayed order, such incoming order orders are accepted, priced, ranked and or losing price priority does not require will be cancelled or posted to the BATS executed, as well as a new provision the same descriptions, as price priority Book and ranked in accordance with related to the ability of orders to rest at will always be retained unless the price Rule 11.12. The Exchange does not locking prices that is consistent with the of an order changes. allow non-displayed interest that locks changes to provisions related to the Next, the Exchange proposes to re- a contra-side displayed order to execute operation of Discretionary Orders structure Rule 11.13, which currently at such price to avoid an apparent described above. First, the Exchange governs both execution and routing priority issue. proposes to modify Rule 11.12, Priority logic on the Exchange, by more clearly To demonstrate the functionality in of Orders, to make clear that the ranking delineating between execution (to be place on the Exchange described above, of orders described in such rule is in contained in new paragraph (a)) and assume the NBBO is $10.10 by $10.11. turn dependent on Exchange Rule routing (to be contained in new Assume the Exchange has a posted and 11.13(a) which discusses the pricing paragraph (b)) and by adding additional displayed bid to buy 100 shares of a and execution of orders. The Exchange sub-headings to the execution section. security priced at $10.10 per share and believes that this has always been the In this connection, the Exchange a resting non-displayed bid to buy 100 case under Exchange rules based on the proposes to move language contained shares of a security priced at $10.11 per reference to the ‘‘Execution Process’’ in within Rule 11.13 to the beginning of share. For purposes of this example, Rule 11.12; however, this reference did new paragraph (a) such that the assume the resting non-displayed bid not include a cross-reference to Rule language is more generally applicable to has not selected the Re-Route 11.13. The Exchange also proposes to the rules governing execution. functionality, which, as described in change the reference within Rule 11.12 Specifically, the Exchange proposes to further detail below, could make a to refer to ranking rather than executing relocate language stating that any order resting order executable against an equally priced trading interest, as the falling within the parameters of this incoming BATS Post Only Order under Rule as a whole is intended to describe paragraph shall be referred to as certain circumstances. the manner in which resting orders are ‘‘executable’’ and that an order will be • Assume that the next order received ranked and maintained, specifically in cancelled back to the User if, based on by the Exchange is a BATS Post Only price and time priority, while awaiting market conditions, User instructions, Order to sell 100 shares of the security execution against incoming orders. The applicable Exchange Rules and/or the priced at $10.11 per share. As described Exchange does not believe that the Act and the rules and regulations above, under the Exchange’s current fee proposed modifications substantively thereunder, such order is not structure, which provides a rebate for modify the operation of the rules; executable, cannot be routed to another orders that remove liquidity and a fee however, the Exchange believes that it Trading Center pursuant to Rule for orders that add liquidity, the BATS is important to clarify that the ranking 11.13(b) (as proposed to be re- Post Only Order would execute on entry of orders is a separate process from the numbered) or cannot be posted to the at $10.11 against the resting non- execution of orders. BATS Book. The proposed sub-headings displayed bid pursuant to the The Exchange also proposes to specify for paragraph (a) regarding order Exchange’s best interest functionality. in Rule 11.12(a)(2)(C) that the priority execution are intended to delineate The non-displayed bid would be treated afforded to Pegged Orders is applicable between the various rules and National as the adder of liquidity and the BATS to all non-displayed Pegged Orders. The Market System (‘‘NMS’’) plans that may Post Only Order to sell would be treated Exchange recently began accepting render an order executable or not, as the remover of liquidity. Assume, Primary Pegged Orders that can be including Regulation NMS and however, for purposes of this example displayed, and if so displayed, the Regulation SHO. The Exchange is that the BATS Post Only Order would Exchange ranks such orders with all proposing to add a cross-reference in not remove any liquidity upon entry other displayed orders. Thus, the Rule 11.13(a)(3) to its rules related to pursuant to the Exchange’s economic Exchange proposes to clarify that the Limit Up-Limit Down Plan, which is best interest functionality. With that reference to Pegged Orders in contained in Rule 11.18(e). assumption, the BATS Post Only Order 11.12(a)(2)(C), which have lower The Exchange proposes to adopt would instead post to the BATS Book, priority than the displayed size of limit paragraph (C) of Rule 11.13(a)(4) to and would be displayed at $10.11. The orders and non-displayed orders, is a provide further clarity regarding the display of this order would, in turn, reference specifically to non-displayed situations where orders are not make the resting non-displayed bid not Pegged Orders. executable, which although covered in executable at $10.11. Further, the Exchange proposes to other existing rules, would focus on the • Assume the next order received by adopt new Rule 11.12(a)(3), which incoming order on the same side of a the Exchange is an order to sell 100 recognizes existing match trade displayed order rather than the resting shares of the security priced at $10.11 prevention rules that optionally prevent order that is rendered not executable per share. The order would not remove the execution of orders from the same because it is opposite such displayed any liquidity upon entry because there User (i.e., based on the User’s ‘‘Unique order. The proposed provision would is a displayed order to sell at $10.11 Identifier’’, as set forth in Rule 11.9(f)) replace existing text set forth in Rule posted on the BATS Book and thus, by by stating that in such a case the System 11.13(a)(1) to acknowledge that, under rule, the Exchange does not maintain will not permit such orders to execute certain circumstances, there can be any executable buy interest priced at against one another regardless of locking interest on the Exchange but $10.11. If the later arriving order to sell priority ranking. Proposed Rule that such interest will not be displayed at $10.11 contained a TIF other than 11.12(a)(3) is based on EDGX Rule by the System as a locked market. IOC or FOK, it would be posted to the 11.9(a)(3). The Exchange also proposes Proposed paragraph (C) would further BATS Book and displayed at $10.11. If changes to current Rule 11.9(a)(3) and state that if an incoming order is on the the later arriving order to sell at $10.11 (a)(4) to re-number such rules as (a)(4) same side of the market as an order contained a TIF of IOC or FOK, it would and (a)(5) as well as to clarify that displayed on the BATS Book and upon be cancelled back to the User.
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• To the extent the BATS Book is in order on the BATS Book when there is incoming order to buy will be the state set forth to conclude the a displayed order on the same side of automatically executed to the extent examples above, with a non-executable the market as the incoming order. that it is priced at an amount that equals bid to buy at $10.11 and one or more To demonstrate the operation of this or exceeds any order to sell in the BATS offers to sell displayed by the Exchange provision, again assume the NBBO is Book and an incoming order to sell will at $10.11; there are several potential $10.10 by $10.11. Assume the Exchange be automatically executed to the extent outcomes. For instance, any incoming has a posted and displayed bid to buy that it is priced at an amount that equals order to buy at $10.11 or higher 11 will 100 shares of a security priced at $10.10 or is less than any order to buy in the execute against the displayed order(s) to per share and a resting non-displayed BATS Book. These rules further state sell, as such resting orders are fully bid to buy 100 shares of a security that an order to buy shall be executed executable and displayed as available priced at $10.11 per share. at the price(s) of the lowest order(s) to • offers on the BATS Book. Once all Assume that the next order received sell having priority in the BATS Book displayed liquidity to sell at $10.11 has by the Exchange is a BATS Post Only and an order to sell shall be executed at been executed on the Exchange, the Order to sell 100 shares of the security the price(s) of the highest order(s) to buy resting non-displayed bid to buy at priced at $10.11 per share. As described having priority in the BATS Book. The $10.11 will again be fully executable. above, under the Exchange’s current fee Exchange emphasizes these current Similarly, if the resting displayed orders structure, which provides a rebate for rules only insofar as to highlight the to sell that are priced at $10.11 are orders that remove liquidity and a fee interconnected nature of the priority cancelled then the resting non- for orders that add liquidity, the BATS rule. displayed bid to buy at $10.11 will Post Only Order would execute on entry The Exchange also proposes to modify again be fully executable at that price. at $10.11 against the resting non- existing paragraph (b) of Rule 11.13 to As described in the text and examples displayed bid pursuant to the re-number it as paragraph (b)(5) and to below, an incoming sell order priced at Exchange’s best interest functionality. clarify the Exchange’s rule regarding the $10.10 or better will execute against the The non-displayed bid would be treated priority of routed orders. Paragraph (b) resting bid at $10.105. Finally, the User as the adder of liquidity and the BATS currently sets forth the proposition that representing the non-displayed bid to Post Only Order to sell would be treated a routed order does not retain priority buy at $10.11 could cancel the order. as the remover of liquidity. Assume, on the Exchange while it is being routed The Exchange is also proposing to however, for purposes of this example to other markets. The Exchange believes modify and place in new paragraph (D) that the BATS Post Only Order would that its proposed clarification to rule language contained in current Rule not remove any liquidity upon entry paragraph (b) is appropriate because it 11.13(a)(1) that governs the price at pursuant to the Exchange’s economic more clearly states that a routed order which non-displayed locking interest is best interest functionality. With that is not ranked and maintained in the assumption, the BATS Post Only Order executable in order to further clarify BATS Book pursuant to Rule 11.12(a), to sell would post to the BATS Book such rule text. Specifically, for bids or and therefore is not available to execute and would be displayed at $10.11. The offers equal to or greater than $1.00 per against incoming orders pursuant to display of this order would, in turn, share, in the event that an incoming Rule 11.13. order is a market order or is a limit make the resting non-displayed bid not order priced more aggressively than an executable at $10.11. Re-Route Functionality • If an incoming offer to sell 100 order displayed on the Exchange, the The Exchange currently allows Users shares at $10.10 is entered into the Exchange will execute the incoming to submit various types of limit orders BATS Book, the resting non-displayed order at, in the case of an incoming sell to the Exchange that are processed bid originally priced at $10.11 will be order, one-half minimum price variation pursuant to current Exchange Rule executed at $10.105 per share, thus less than the price of the displayed 11.13, as described elsewhere in this providing a half-penny of price order, and, in the case of an incoming proposal. To the extent an order has not buy order, at one-half minimum price improvement as compared to the order’s limit price of $10.11. The execution at been executed in its entirety against the variation more than the price of the BATS Book, Rule 11.13 describes the displayed order. As is true under $10.105 per share also provides the incoming offer with a half-penny of process of routing marketable limit existing functionality, this order orders 12 to one or more Trading handling is inapplicable for bids or price improvement as compared to its Centers, including a description of how offers under $1.00 per share. Proposed limit price of $10.10. The result would the Exchange treats any unfilled balance paragraph (D) does not substantively be the same for an incoming market that returns to the Exchange following modify the existing operation of the order to sell or any other incoming limit the first attempt to fill the order through System but is intended to better order offer priced at $10.10 or below, the routing process. If not filled through describe in rule text the process for which would execute against the non- routing, and based on the order matching an incoming order against an displayed bid at a price of $10.105 per share. As above, an offer at the full price instructions, the unfilled balance of the order may be posted to the BATS Book. 11 The Exchange notes that an incoming order for of the resting and displayed $10.11 offer purposes of comparison to a resting order can be would not execute against the resting Pursuant to Exchange Rule 11.13(a)(4) any incoming order unless the terms of that non-displayed bid, but would instead (to be re-numbered as Rule 11.13(b)(4) incoming order itself preclude execution. For either cancel or post to the BATS Book pursuant to this proposal), under certain instance, in this example, an incoming buy order circumstances the Exchange will re- could be routable or non-routable, the order could behind the original $10.11 offer in be selected for potential display or could include priority. route an order that has been posted to instructions not to display the order, the order The Exchange notes that it is the BATS Book if subsequently locked could have a discretionary price, or several other or crossed by another accessible Trading characteristics. Upon entry, unless the terms of the proposing to add descriptive titles to order preclude removing liquidity, such as a BATS paragraphs (A) and (B) of Rule Center. The Exchange offers two Post Only order, the characteristics that govern the 11.13(a)(4), which describe the process 12 way that the order may be handled once posted to by which executable orders are matched Market orders are also routed away pursuant to the Exchange’s order book are irrelevant and any Rule 11.13, however the Exchange is not proposing incoming buy order priced at $10.11 or higher will within the System. Specifically, so long any changes to the treatment of routed market execute against the resting offers. as it is otherwise executable, an orders at this time.
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optional Re-Route instructions, the Second, the Exchange proposes to Route instruction maintains higher Super Aggressive Re-Route instruction codify existing System functionality by priority than one or more Super and the Aggressive Re-Route adding rule text to state that, consistent Aggressive Re-Route eligible orders, the instruction. The Super Aggressive Re- with the Super Aggressive Re-Route Super Aggressive Re-Route eligible Route instruction reflects the instruction described in Rule order(s) with lower priority will not be willingness of the sender of the routable 11.13(b)(4)(B), when any order with a converted, as described above, and the order posted to the BATS Book to route Super Aggressive Re-Route instruction incoming BATS Post Only Order or to away Trading Centers and to remove is locked by an incoming BATS Post Partial Post Only at Limit Order will be liquidity from such Trading Centers any Only Order or Partial Post Only at Limit posted or cancelled in accordance with time such order is locked or crossed Order that does not remove liquidity Rule 11.9(c)(6) or Rule 11.9(c)(7), (i.e., rather than passively waiting for an pursuant to Rule 11.9(c)(6) or Rule respectively. The Exchange believes it is execution on the BATS Book). The 11.9(c)(7), respectively,13 the Re-Route necessary to avoid applying the Re- Aggressive Re-Route instruction subjects order is converted to an executable Route functionality to Re-Route eligible an order to the routing process after order and will remove liquidity against orders that are resting behind orders being posted to the BATS Book only if such incoming order. The Exchange that are not Re-Route eligible orders to the order is subsequently crossed by an applies this logic in order to facilitate avoid violating the Exchange’s priority accessible Trading Center (rather than if executions that would otherwise not rule, Rule 11.12. the order is locked or crossed). The occur due to the instruction of a BATS Exchange proposes two changes to its Post Only Order or Partial Post Only at Example—Super Aggressive Re-Route rules to reflect current operation of the Limit Order to not remove liquidity. and BATS Post Only Orders System in connection with Re-Route Because a Super Aggressive Re-Route Assume that the Exchange receives an functionality, as described below. eligible order is willing to route to an order to buy 300 shares of a security at away Trading Center and remove Non-Displayed Routable Orders $10.10 per share designated with a liquidity (i.e., pay a fee at such Trading Super Aggressive Re-Route instruction. First, the Exchange proposes to add Center) when locked or crossed, the Assume further that the NBBO is $10.09 language to the Aggressive Re-Route Exchange believes it is reasonable and by $10.10 when the order is received, instruction that makes clear that any consistent with the instruction to force and the Exchange’s lowest offer is routable non-displayed limit order an execution between an incoming priced at $10.11. The Exchange will posted to the BATS Book that is crossed BATS Post Only Order and an order that route the order away from the Exchange by another accessible Trading Center has been posted to the BATS Book with as a bid to buy 300 shares at $10.10. will be automatically routed to that the Super Aggressive Re-Route Assume that the order obtains one 100 Trading Center. As described in Rule instruction. The Exchange notes that the share execution through the routing 11.9(g)(4), the Exchange re-prices non- determination of whether an order process and then returns to the displayed orders to the extent they are should execute on entry against resting Exchange. The Exchange will post the crossed by another Trading Center to interest, including against resting orders order as a bid to buy 200 shares at avoid trading-through Protected with a Super Aggressive Re-Route $10.10. If the Exchange subsequently Quotations displayed by such Trading instruction, is made prior to receives a BATS Post Only Order to sell Center. In the process of such price determining whether the price of such priced at $10.09 per share, such order sliding, to the extent a non-displayed an incoming order should be adjusted will execute against the posted order to order is routable, the Exchange will pursuant to the Exchange’s price sliding buy with an execution price of $10.10. attempt to route the order to the Trading functionality pursuant to Rule 11.9(g). The posted buy order will be treated as Center displaying the crossing quotation The Exchange has limited the proposed the liquidity provider and the incoming that prompted the price sliding process. language to BATS Post Only Orders that As an example of a routable non- BATS Post Only Order to sell will be lock orders with a Super Aggressive Re- treated as the liquidity remover, based displayed order that is handled Route instruction because BATS Post consistent with the Aggressive Re-Route on the Exchange’s rules that execute Only Orders that cross resting orders BATS Post Only Orders on entry if such instruction, assume the Exchange will always remove liquidity because it receives a non-displayed order to buy execution is in their economic interest. is in their economic best interest to do However, assuming the same facts as 300 shares of a security at $10.10 per so.14 Similarly, Partial Post Only Limit share. Assume further that the NBBO is above, if the incoming BATS Post Only Orders execute against crossing interest Order to sell is priced at $10.10 and also $10.09 by $10.10 when the order is as set forth in Rule 11.9(c)(7)(A). The received, and the Exchange’s lowest assuming that the incoming BATS Post Exchange also proposes to make clear Only Order does not remove liquidity priced offer is priced at $10.11. The that although it will execute an order Exchange will route the order away pursuant to the economic best interest with a Super Aggressive Re-Route functionality,15 the posted order with a from the Exchange as a bid to buy 300 instruction against a BATS Post Only shares at $10.10. Assume that the order Super Aggressive Re-Route instruction Order that would lock it, if an order that will execute against such order at obtains one 100 share execution through does not contain a Super Aggressive Re- the routing process and then returns to $10.10. In this scenario, the posted order to buy will be treated as the the Exchange. The Exchange will post 13 The Exchange notes that pursuant to Rule the order as a non-displayed bid to buy 11.9(c)(6), BATS Post Only Orders remove liquidity liquidity remover and the incoming 200 shares at $10.10. If displayed in certain circumstances based on an economic BATS Post Only Order to sell will be liquidity then appears at one or more analysis that takes into account applicable fees and treated as the liquidity provider. rebates. The Exchange has proposed clarifications Finally, assume that the NBBO is Trading Centers priced at $10.09 or to this economic analysis as described above. lower (i.e., crossing the posted bid to Similarly, Partial Post Only at Limit Orders are $10.10 by $10.11 and that the Exchange buy at $10.10), the Exchange will take permitted to remove price improving liquidity as has a displayed bid to buy 100 shares the non-displayed bid off of the BATS well as a User-selected percentage of the remaining order at the limit price if, following such removal, 15 As described above, an incoming BATS Post Book and again route such order to the the order can post at its limit price. See Rule Only Order to sell would in fact remove on entry displayed liquidity at other Trading 11.9(c)(7). at $10.10 based on the Exchange’s current fee Centers. 14 See id. structure and economic best interest functionality.
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of a security at $10.10 and a displayed specificity regarding the functionality of proposed rule changes are not designed offer to sell 100 shares of a security at the System and thus would promote just to address any competitive issue but $10.11. Assume that the displayed bid and equitable principles of trade and rather to add specificity and clarity to has not been designated with the Super remove impediments to a free and open Exchange rules, thus providing greater Aggressive Re-Route instruction. market. The Exchange also believes that transparency regarding the operation of Assume next that the Exchange receives the proposed amendments will the System. a second displayable bid to buy 100 contribute to the protection of investors shares of the same security at $10.10 and the public interest by making the C. Self-Regulatory Organization’s that has been designated as routable and Exchange’s rules easier to understand. Statement on Comments on the subject to the Super Aggressive Re- With respect to the additional Proposed Rule Change Received From Route instruction. Because there is no specificity proposed in connection with Members, Participants, or Others liquidity to which the Exchange can BATS Post Only Orders, the Exchange The Exchange has neither solicited route the order, the second order will believes that the proposed rule change nor received written comments on the post to the BATS Book as a bid to buy is consistent with the Act in that the proposed rule changes. at $10.10 behind the original displayed change will help to clarify the III. Date of Effectiveness of the bid to buy at $10.10. If the Exchange methodology used by the Exchange to Proposed Rule Change and Timing for then received a BATS Post Only Order determine whether BATS Post Only Commission Action to sell 100 shares at $10.10 then no Orders will remove liquidity from the execution would occur assuming again BATS Book. The Exchange again notes Within 45 days of the date of that the incoming BATS Post Only that any methodology other than using publication of this notice in the Federal Order cannot remove liquidity at $10.10 the highest possible rebate and highest Register or within such longer period (i) based on the economic best interest possible fee could result in the as the Commission may designate up to analysis,16 the first order with priority Exchange determining that an execution 90 days of such date if it finds such to buy at $10.10 was not designated was in an entering User’s economic best longer period to be appropriate and with the Super Aggressive Re-Route interest when, in fact, it was not. For the publishes its reasons for so finding or instruction and the second booked order reasons articulated above, the Exchange (ii) as to which the Exchange consents, to buy at $10.10 is not permitted to believes that the proposal is consistent the Commission will: (a) By order bypass the first order as this would with and supports just and equitable approve or disapprove such proposed result in a violation of the Exchange’s principles of trade, removes rule change, or (b) institute proceedings priority rule, Rule 11.12. impediments to, and helps to perfect the to determine whether the proposed rule mechanism of, a free and open market change should be disapproved. 2. Statutory Basis and a national market system, and, in The Exchange believes that the general, protects investors and the IV. Solicitation of Comments proposed rule changes are consistent public interest. Interested persons are invited to with Section 6(b) of the Securities The Exchange also believes it is submit written data, views, and Exchange Act of 1934 (the ‘‘Act’’) 17 and consistent with the Act to execute arguments concerning the foregoing, further the objectives of Section 6(b)(5) Discretionary orders and orders with a including whether the proposed rule of the Act 18 because they are designed Super Aggressive Re-Route instruction change is consistent with the Act. to promote just and equitable principles against marketable liquidity (i.e., BATS Comments may be submitted by any of of trade, to remove impediments to and Post Only Orders and Partial Post Only the following methods: Orders) when an execution would not perfect the mechanism of a free and Electronic Comments open market and a national market otherwise occur is consistent with both: system, to foster cooperation and (i) The Act, by facilitating executions, • Use the Commission’s Internet coordination with persons engaged in removing impediments and perfecting comment form (http://www.sec.gov/ facilitating transactions in securities, the mechanism of a free and open rules/sro.shtml); or • and, in general, to protect investors and market and national market system; and Send an email to rule-comments@ the public interest. The proposed rule (ii) a User’s instructions, which have sec.gov. Please include File Number SR– changes are also designed to support the evidenced a willingness by the User to BYX–2015–07 on the subject line. 19 pay applicable execution fees and/or principles of Section 11A(a)(1) of the Paper Comments execute at more aggressive prices than Act in that they seek to assure fair • competition among brokers and dealers they are currently ranked in favor of an Send paper comments in triplicate and among exchange markets. execution. The Exchange also believes to Brent J. Fields, Secretary, Securities The modifications related to routable that the proposed rule change provides and Exchange Commission, 100 F Street orders with a TIF of IOC, Pegged Orders, additional specificity regarding the NE., Washington, DC 20549–1090. Mid-Point Peg Orders, Discretionary functionality of the System with regard All submissions should refer to File Orders, and the Exchange’s priority, to routable non-displayed orders that Number SR–BYX–2015–07. This file execution and routing rules are each have been crossed by another accessible number should be included on the designed to add clarity and Trading Center, thereby promoting just subject line if email is used. To help the transparency regarding Exchange and equitable principles of trade and Commission process and review your System functionality without removing impediments to a free and comments more efficiently, please use substantively modifying such open market. only one method. The Commission will functionality. Specifically, the Exchange post all comments on the Commission’s B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ believes that the proposed rule changes Statement on Burden on Competition will provide additional clarity and rules/sro.shtml). Copies of the The Exchange does not believe that submission, all subsequent 16 Id. the proposed rule changes will result in amendments, all written statements 17 15 U.S.C. 78f(b). any burden on competition that is not with respect to the proposed rule 18 15 U.S.C. 78f(b)(5). necessary or appropriate in furtherance change that are filed with the 19 15 U.S. C. 78k–1(a)(1). of the purposes of the Act. The Commission, and all written
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communications relating to the I. Self-Regulatory Organization’s quoting participants. During the course proposed rule change between the Statement of the Terms of the Substance of the pilot, FINRA collected and Commission and any person, other than of the Proposed Rule Change provided to the SEC specified data with those that may be withheld from the FINRA is proposing to amend FINRA which to assess the impact of the Pilot public in accordance with the Rule 6433 (Minimum Quotation Size tiers on market quality and limit order provisions of 5 U.S.C. 552, will be Requirements for OTC Equity display.6 On September 13, 2013, available for Web site viewing and Securities) to extend the Tier Size Pilot, FINRA provided to the Commission an printing in the Commission’s Public which currently is scheduled to expire assessment on the operation of the Tier Reference Room at 100 F Street NE., on February 13, 2015, for an additional Size Pilot utilizing data covering the Washington, DC 20549–1090 on official three months, until May 15, 2015. period from November 12, 2012 through business days between the hours of The text of the proposed rule change June 30, 2013.7 As noted in the 2013 10:00 a.m. and 3:00 p.m. Copies of such is available on FINRA’s Web site at Assessment, FINRA believed that the filing also will be available for http://www.finra.org, at the principal analysis of the data generally showed inspection and copying at the principal office of FINRA and at the that the Tier Size Pilot had a neutral to office of the Exchange. All comments Commission’s Public Reference Room. positive impact on OTC market quality received will be posted without change; for the majority of OTC Equity II. Self-Regulatory Organization’s Securities and tiers; and that there was the Commission does not edit personal Statement of the Purpose of, and identifying information from an overall increase of 13% in the Statutory Basis for, the Proposed Rule number of customer limit orders that submissions. You should submit only Change information that you wish to make met the minimum quotation sizes to be available publicly. All submissions In its filing with the Commission, eligible for display under the Pilot tiers. should refer to File Number SR–BYX– FINRA included statements concerning In the 2013 Assessment, FINRA 2015–07, and should be submitted on or the purpose of and basis for the recommended adopting the tiers as before March 11, 2015. proposed rule change and discussed any permanent, but extended the pilot comments it received on the proposed period to allow more time to gather and For the Commission, by the Division of rule change. The text of these statements analyze data after the November 12, Trading and Markets, pursuant to delegated may be examined at the places specified 20 2012 through June 30, 2013 assessment authority. in Item IV below. FINRA has prepared period.8 Most recently, on October 9, Brent J. Fields, summaries, set forth in sections A, B, 2014, FINRA further extended the Pilot Secretary. and C below, of the most significant period to permit FINRA and the [FR Doc. 2015–03223 Filed 2–17–15; 8:45 am] aspects of such statements. Commission to consider the BILLING CODE 8011–01–P A. Self-Regulatory Organization’s implications of the data collected since Statement of the Purpose of, and June 30, 2013. FINRA has reviewed this Statutory Basis for, the Proposed Rule post-June 30, 2013 data, and believes SECURITIES AND EXCHANGE Change that the impact described in the 2013 COMMISSION Assessment has continued to hold (and 1. Purpose has improved in certain areas). [Release No. 34–74251; File No. SR–FINRA– FINRA proposes to amend FINRA The purpose of this filing is to extend 2015–002] Rule 6433 (Minimum Quotation Size the operation of the Tier Size Pilot for Requirements for OTC Equity an additional three month period, until Self-Regulatory Organizations; Securities) (the ‘‘Rule’’) to extend, until May 15, 2015, to provide FINRA with Financial Industry Regulatory May 15, 2015, the amendments set forth additional time to finalize its Authority, Inc.; Notice of Filing and in File No. SR–FINRA–2011–058 (‘‘Tier recommendation with regard to the Tier Immediate Effectiveness of a Proposed Size Pilot’’ or ‘‘Pilot’’), which currently Size Pilot. Rule Change To Extend the Tier Size are scheduled to expire on February 13, FINRA has filed the proposed rule Pilot of FINRA Rule 6433 (Minimum 2015.3 change for immediate effectiveness. The Quotation Size Requirements for OTC The Tier Size Pilot was filed with the effective date of the proposed rule Equity Securities) SEC on October 6, 2011,4 to amend the change will be the date of filing. minimum quotation sizes (or ‘‘tier 2. Statutory Basis February 11, 2015. sizes’’) for OTC Equity Securities.5 The goals of the Pilot were to simplify the FINRA believes that the proposed rule Pursuant to Section 19(b)(1) of the change is consistent with the provisions Securities Exchange Act of 1934 tier structure, facilitate the display of of Section 15A(b)(6) of the Act,9 which (‘‘Act’’),1 and Rule 19b–4 thereunder,2 customer limit orders, and expand the scope of the Rule to apply to additional requires, among other things, that notice is hereby given that on January FINRA rules must be designed to 29, 2015, the Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’) 3 See Securities Exchange Act Release No. 73299 (October 3, 2014), 79 FR 61120 (October 9, 2014) 6 FINRA believes that adequate data with which filed with the Securities and Exchange (Notice of Filing and Immediate Effectiveness of to assess the impact of the Pilot has been collection Commission (‘‘SEC’’ or ‘‘Commission’’) File No. SR–FINRA–2014–041); see also Securities and analyzed, and, therefore, will cease the the proposed rule change as described Exchange Act Release No. 67208 (June 15, 2012), 77 collection of Pilot data for submission to the in Items I and II below, which Items FR 37458 (June 21, 2012) (Order Approving File No. Commission as of February 13, 2015. SR–FINRA–2011–058, as amended). 7 The assessment is part of the SEC’s comment file have been prepared by FINRA. The 4 See Securities Exchange Act Release No. 65568 for SR–FINRA–2011–058 and also is available on Commission is publishing this notice to (October 14, 2011), 76 FR 65307 (October 20, 2011) FINRA’s Web site at: http://www.finra.org/Industry/ solicit comments on the proposed rule (Notice of Filing of File No. SR–FINRA–2011–058). Regulation/RuleFilings/2011/P124615 (‘‘Pilot change from interested persons. 5 ‘‘OTC Equity Security’’ means any equity Assessment’’). security that is not an ‘‘NMS stock’’ as that term is 8 See Securities Exchange Act Release No. 70839 defined in Rule 600(b)(47) of SEC Regulation NMS; (November 8, 2013), 78 FR 68893 (November 15, 20 17 CFR 200.30–3(a)(12). provided, however, that the term OTC Equity 2013) (Notice of Filing and Immediate Effectiveness 1 15 U.S.C. 78s(b)(1). Security shall not include any Restricted Equity of File No. SR–FINRA–2013–049). 2 17 CFR 240.19b–4. Security. See FINRA Rule 6420. 9 15 U.S.C. 78o–3(b)(6).
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prevent fraudulent and manipulative to Rule 19b–4(f)(6)(iii),14 the amendments, all written statements acts and practices, to promote just and Commission may designate a shorter with respect to the proposed rule equitable principles of trade, and, in time if such action is consistent with the change that are filed with the general, to protect investors and the protection of investors and the public Commission, and all written public interest. FINRA also believes that interest. communications relating to the the proposed rule change is consistent FINRA has asked the Commission to proposed rule change between the with the provisions of Section waive the 30-day operative delay so that Commission and any person, other than 15A(b)(11) of the Act.10 Section the proposal may become operative those that may be withheld from the 15A(b)(11) requires that FINRA rules immediately upon filing. The public in accordance with the include provisions governing the form Commission believes that waiver of the provisions of 5 U.S.C. 552, will be and content of quotations relating to operative delay is consistent with the available for Web site viewing and securities sold otherwise than on a protection of investors and the public printing in the Commission’s Public national securities exchange which may interest because such waiver will allow Reference Room, 100 F St. NE., be distributed or published by any the pilot program to continue without Washington, DC 20549, on official member or person associated with a interruption. Therefore, the Commission business days between the hours of member, and the persons to whom such designates the proposal operative upon 10:00 a.m. and 3:00 p.m. Copies of such quotations may be supplied. filing.15 filing also will be available for FINRA believes that the extension of At any time within 60 days of the inspection and copying at the principal the Tier Size Pilot for an additional filing of the proposed rule change, the office of FINRA. All comments received three months is consistent with the Act Commission summarily may will be posted without change; the in that it would provide the temporarily suspend such rule change if Commission does not edit personal Commission and FINRA with additional it appears to the Commission that such identifying information from time to determine whether the pilot tiers action is necessary or appropriate in the submissions. You should submit only should be made permanent. public interest, for the protection of information that you wish to make investors, or otherwise in furtherance of available publicly. All submissions B. Self-Regulatory Organization’s the purposes of the Act. If the should refer to File Number SR–FINRA– Statement on Burden on Competition Commission takes such action, the 2015–002, and should be submitted on FINRA does not believe that the Commission shall institute proceedings or before March 11, 2015. proposed rule change will result in any to determine whether the proposed rule should be approved or disapproved. For the Commission, by the Division of burden on competition that is not Trading and Markets, pursuant to delegated necessary or appropriate in furtherance IV. Solicitation of Comments authority.16 of the purposes of the Act. Interested persons are invited to Brent J. Fields, C. Self-Regulatory Organization’s submit written data, views, and Secretary. Statement on Comments on the arguments concerning the foregoing, [FR Doc. 2015–03224 Filed 2–17–15; 8:45 am] Proposed Rule Change Received From including whether the proposed rule BILLING CODE 8011–01–P Members, Participants, or Others change is consistent with the Act. Comments may be submitted by any of Written comments were neither the following methods: SECURITIES AND EXCHANGE solicited nor received. COMMISSION Electronic Comments III. Date of Effectiveness of the • Proposed Rule Change and Timing for Use the Commission’s Internet [Release No. 34–74253; File No. SR–CBOE– Commission Action comment form (http://www.sec.gov/ 2015–014) rules/sro.shtml ); or Because the foregoing proposed rule • Send an email to rule-comments@ Self-Regulatory Organizations; change does not: (i) Significantly affect sec.gov. Please include File Number SR– Chicago Board Options Exchange, the protection of investors or the public FINRA–2015–002 on the subject line. Incorporated; Notice of Filing and interest; (ii) impose any significant Immediate Effectiveness of a Proposed burden on competition; and (iii) become Paper Comments Rule Change To Amend the Fees operative for 30 days from the date on • Send paper comments in triplicate Schedule which it was filed, or such shorter time to Brent J. Fields, Secretary, Securities as the Commission may designate, it has and Exchange Commission, 100 F Street February 11, 2015. become effective pursuant to Section NE., Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the 19(b)(3)(A) of the Act 11 and Rule 19b– All submissions should refer to File Securities Exchange Act of 1934 (the 4(f)(6) thereunder.12 Number SR–FINRA–2015–002. This file ‘‘Act’’),1 and Rule 19b–4 thereunder,2 A proposed rule change filed under number should be included on the notice is hereby given that on February Rule 19b–4(f)(6) 13 normally does not subject line if email is used. 2, 2015, Chicago Board Options become operative prior to 30 days after To help the Commission process and Exchange, Incorporated (the ‘‘Exchange’’ the date of the filing. However, pursuant review your comments more efficiently, or ‘‘CBOE’’) filed with the Securities please use only one method. The and Exchange Commission (the 10 15 U.S.C. 78o–3(b)(11). Commission will post all comments on ‘‘Commission’’) the proposed rule 11 15 U.S.C. 78s(b)(3)(A). the Commission’s Internet Web site change as described in Items I, II, and 12 17 CFR 240.19b–4(f)(6). Rule 19b–4(f)(6) (http://www.sec.gov/rules/sro.shtml ). requires a self-regulatory organization to give the III below, which Items have been Commission written notice of its intent to file the Copies of the submission, all subsequent prepared by the Exchange. The proposed rule change at least five business days Commission is publishing this notice to prior to the date of filing of the proposed rule 14 17 CFR 240.19b–4(f)(6)(iii). change, or such shorter time as designated by the 15 For purposes only of waiving the 30-day Commission. The Exchange has satisfied this operative delay, the Commission has considered the 16 17 CFR 200.30–3(a)(12). requirement. proposed rule’s impact on efficiency, competition, 1 15 U.S.C. 78s(b)(1). 13 17 CFR 240.19b–4(f)(6). and capital formation. See 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.
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solicit comments on the proposed rule References to ‘‘Underlying Symbol List first 15 login IDs (instead of the first 10). change from interested persons. A’’ The Exchange expended significant resources developing PULSe, and seeks I. Self-Regulatory Organization’s On December 1, 2014, the Exchange revised its Fees Schedule to define a list to recoup more of those costs. Statement of the Terms of Substance of Finally, the Exchange seeks to remove the Proposed Rule Change of certain proprietary products that is often collectively excluded or included outdate [sic] language from the Notes section of the PULSe fees table. The Exchange proposes to amend its in various fees and fee programs.3 Specifically, the Exchange adopted the Currently, the Notes section for both the Fees Schedule. The text of the proposed TPH and non-TPH workstations fees rule change is available on the term ‘‘Underlying Symbol List A’’ to refer the following products: OEX, XEO, states that the fee is waived for the first Exchange’s Web site (http:// month for the first new user of a TPH www.cboe.com/AboutCBOE/ SPX (including SPXw), SPXpm, SRO, VIX, VXST, VOLATILITY INDEXES and and non-TPH, respectively. CBOELegalRegulatoryHome.aspx), at Additionally, the Notes section provides the Exchange’s Office of the Secretary, binary options. Although a number of references to these options were that the fee is waived for the first two and at the Commission’s Public months for all new users between Reference Room. replaced by the new term when first adopted, the Exchange inadvertently did August 1, 2014 and December 31, 2014, II. Self-Regulatory Organization’s not replace all references to this list and that the fee is waived for the month of August 2014 for all users that became Statement of the Purpose of, and with ‘‘Underlying Symbol List A.’’ In new users in July 2014. As the above Statutory Basis for, the Proposed Rule order to maintain consistency through referenced waiver periods have since Change the Fees Schedule, the Exchange now seeks to replace all remaining references passed, the Exchange no longer believes In its filing with the Commission, the to the abovementioned list of products this language is necessary to maintain in Exchange included statements with the term ‘‘Underlying Symbol List the Fees Schedule. The Exchange notes concerning the purpose of and basis for A.’’ that the fee will continue to be waived the proposed rule change and discussed for the first month of the first new user PULSe Workstation any comments it received on the of a TPH or non-TPH. proposed rule change. The text of these The Exchange proposes to make 2. Statutory Basis certain amendments to the PULSe statements may be examined at the The Exchange believes the proposed places specified in Item IV below. The Workstation (‘‘PULSe’’) fees. By way of background, the Exchange charges a fee rule change is consistent with the Exchange has prepared summaries, set Securities Exchange Act of 1934 (the forth in sections A, B, and C below, of of $400 per month per Trading Permit Holder (‘‘TPH’’) workstation for the first ‘‘Act’’) and the rules and regulations the most significant aspects of such thereunder applicable to the Exchange statements. 10 users and $100 per month for all subsequent users. TPHs may also make and, in particular, the requirements of A. Self-Regulatory Organization’s the functionality available to their Section 6(b) of the Act.4 Specifically, Statement of the Purpose of, and customers, which may include non- the Exchange believes the proposed rule Statutory Basis for, the Proposed Rule broker dealer public customers and non- change is consistent with the Section 5 Change TPH broker dealers (referred to herein as 6(b)(5) requirements that the rules of ‘‘non-TPHs’’). For such non-TPH an exchange be designed to prevent 1. Purpose workstations, the Exchange charges a fee fraudulent and manipulative acts and practices, to promote just and equitable The Exchange proposes to make a of $400 per month per workstation. The Exchange first proposes to clarify principles of trade, to foster cooperation number of changes to its Fees Schedule, and coordination with persons engaged effective February 2, 2015. and make explicit that the PULSe fees are assessed on a ‘‘per login ID’’ basis. in regulating, clearing, settling, Removal of Outdated References Currently, the Fees Schedule states that processing information with respect to, the monthly fee for PULSe TPH and facilitation transactions in First, the Exchange notes that it no workstations is ‘‘$400/month (per TPH securities, to remove impediments to longer lists Credit Default Options or workstation for the first 10)’’ and ‘‘$100/ and perfect the mechanism of a free and Credit Default Basket Options. As such, month (per each additional TPH open market and a national market the Exchange proposes to delete from workstation)’’ and for PULSe non-TPH system, and, in general, to protect the Fees Schedule all references to these workstations ‘‘$400/month (per non- investors and the public interest. options, as such references are no longer TPH workstation).’’ The Exchange Additionally, the Exchange believes the necessary and are obsolete. believes the current language, and the proposed rule change is consistent with 6 The Exchange also proposes to use of the term ‘‘workstation’’, may be Section 6(b)(4) of the Act, which eliminate outdated references to confusing to market participants. As requires that Exchange rules provide for ‘‘CBSX.’’ On April 30, 2014, the CBOE such, the Exchange seeks to make clear the equitable allocation of reasonable Stock Exchange (‘‘CBSX’’), formerly a in the Fees Schedule that the PULSe dues, fees, and other charges among its Trading Permit Holders and other stock trading facility of CBOE, ceased fees are assessed per login Id [sic]. The persons using its facilities. trading operations. On August 7, 2014, Exchange notes that this proposed change is merely a clarification and that In particular, the Exchange always the status of any remaining CBSX strives for clarity in its rules and Fees Trading Permit Holders was terminated. no substantive changes are being made to how PULSe fees are assessed. Schedule, so that market participants Accordingly, references to ‘‘CBSX’’ are may best understand how rules and fees now obsolete and therefore unnecessary Next, the Exchange proposes to provide that the $400 per month, per apply. The Exchange believes that the to maintain in the Fees Schedule. The login ID fee will be applicable to the proposed clarifications and removal of Exchange proposes to remove all such
references to maintain clarity in the 4 3 See Securities Exchange Act Release No. 73832 15 U.S.C. 78f(b). Fees Schedule and avoid potential (December 12, 2014), 79 FR 243 (December 18, 5 15 U.S.C. 78f(b)(5). confusion. 2014) (SR–CBOE–2014–092). 6 15 U.S.C. 78f(b)(4).
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outdated language in the Fees Schedule 19b–4 8 thereunder. At any time within received will be posted without change; will make the Fees Schedule easier to 60 days of the filing of the proposed rule the Commission does not edit personal read and alleviate potential confusion. change, the Commission summarily may identifying information from The alleviation of potential confusion temporarily suspend such rule change if submissions. You should submit only will remove impediments to and perfect it appears to the Commission that such information that you wish to make the mechanism of a free and open action is necessary or appropriate in the available publicly. All submissions market and a national market system, public interest, for the protection of should refer to File Number SR–CBOE– and, in general, protect investors and investors, or otherwise in furtherance of 2015–014 and should be submitted on the public interest. the purposes of the Act. If the or before March 11, 2015. The Exchange believes assessing the Commission takes such action, the $400 per month, per login ID fee to the Commission will institute proceedings For the Commission, by the Division of to determine whether the proposed rule Trading and Markets, pursuant to delegated first 15 login IDs (instead of the first 10) 9 is reasonable because the Exchange change should be approved or authority. expended significant resources disapproved. Brent J. Fields, developing PULSe and desires to recoup IV. Solicitation of Comments Secretary. more of those costs. The Exchange [FR Doc. 2015–03226 Filed 2–17–15; 8:45 am] Interested persons are invited to believes this proposed rule change is BILLING CODE 8011–01–P equitable and not unfairly submit written data, views, and discriminatory because all TPHs who arguments concerning the foregoing, including whether the proposed rule desire to use PULSe will be subject to SECURITIES AND EXCHANGE change is consistent with the Act. this change. Comments may be submitted by any of COMMISSION B. Self-Regulatory Organization’s the following methods: Statement on Burden on Competition [Release No. 34–74258; File No. SR– Electronic Comments NASDAQ–2015–008] The Exchange does not believe that • Use the Commission’s Internet the proposed rule change will impose comment form (http://www.sec.gov/ Self-Regulatory Organizations; The any burden on competition that is not rules/sro.shtml ); or NASDAQ Stock Market LLC; Notice of necessary or appropriate in furtherance • Send an email to rule-comments@ Filing and Immediate Effectiveness of of the purposes of the Act. The sec.gov. Please include File Number SR– Proposed Rule Change To Modify proposed changes to alleviate confusion CBOE–2015–014 on the subject line. NASDAQ Rule 7018 Fees are not intended for competitive reasons and only apply to CBOE. Additionally, Paper Comments February 11, 2015. the Exchange does not believe the • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the proposed change to assess the PULSe to Brent J. Fields, Secretary, Securities Securities Exchange Act of 1934 login Id [sic] fee to the first 15 login Ids and Exchange Commission, 100 F Street 1 2 [sic] of a TPH will impose any burden NE., Washington, DC 20549–1090. (‘‘Act’’), and Rule 19b–4 thereunder, notice is hereby given that on February on intramarket competition that is not All submissions should refer to File 2, 2015, The NASDAQ Stock Market necessary or appropriate in furtherance Number SR–CBOE-2015–014. This file of the purposes of the Act because the number should be included on the LLC (‘‘NASDAQ’’ or the ‘‘Exchange’’) proposed change applies to all Trading subject line if email is used. To help the filed with the Securities and Exchange Permit Holders. The Exchange believes Commission process and review your Commission (‘‘Commission’’) a this proposal will not cause an comments more efficiently, please use proposed rule change as described in unnecessary burden on intermarket only one method. The Commission will Items I, II and III below, which Items competition because the proposed post all comments on the Commission’s have been prepared by the Exchange. change was not motivated by Internet Web site (http://www.sec.gov/ The Commission is publishing this intermarket competition. To the extent rules/sro.shtml ). Copies of the notice to solicit comments on the that the proposed changes make CBOE submission, all subsequent proposed rule change from interested a more attractive marketplace for market amendments, all written statements persons. participants at other exchanges, such with respect to the proposed rule I. Self-Regulatory Organization’s market participants are welcome to change that are filed with the Statement of the Terms of Substance of become CBOE market participants. Commission, and all written the Proposed Rule Change C. Self-Regulatory Organization’s communications relating to the Statement on Comments on the proposed rule change between the NASDAQ is proposing to modify Proposed Rule Change Received From Commission and any person, other than NASDAQ Rule 7018 fees assessed for Members, Participants, or Others those that may be withheld from the execution and routing securities listed public in accordance with the on NASDAQ, the New York Stock The Exchange neither solicited nor provisions of 5 U.S.C. 552, will be Exchange (‘‘NYSE’’) and on exchanges received comments on the proposed available for Web site viewing and other than NASDAQ and NYSE. rule change. printing in the Commission’s Public The text of the proposed rule change III. Date of Effectiveness of the Reference Room, 100 F Street NE., is available at nasdaq.cchwallstreet.com Proposed Rule Change and Timing for Washington, DC 20549 on official Commission Action business days between the hours of at NASDAQ’s principal office, and at 10:00 a.m. and 3:00 p.m. Copies of the the Commission’s Public Reference The foregoing rule change has become filing also will be available for Room. effective pursuant to Section 19(b)(3)(A) inspection and copying at the principal 7 of the Act and paragraph (f) of Rule office of the Exchange. All comments 9 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 7 15 U.S.C. 78s(b)(3)(A). 8 17 CFR 240.19b–4(f). 2 17 CFR 240.19b–4.
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II. Self-Regulatory Organization’s The Exchange is also proposing to another venue. To cover such costs, the Statement of the Purpose of, and change the fees assessed for Tape A Exchange assesses the same fee as is Statutory Basis for, the Proposed Rule securities routed to NYSE and then being proposed for other routed orders, Change routed to another venue for execution. such as STGY, SCAN, SKNY and SKIP The Exchange passes through any orders, which are assessed a charge of In its filing with the Commission, routing fees charged to NASDAQ by $0.0030 per share executed.7 Thus, the NASDAQ included statements NYSE for these orders, which currently current pass through fee results in a concerning the purpose of, and basis for, is $0.0030 per share executed but may discount to the fee assessed for use of the proposed rule change and discussed vary based on changes to the NYSE fee the routing function for other routed any comments it received on the schedule. NASDAQ is proposing to orders. The Exchange notes that CART proposed rule change. The text of those eliminate pass through fees and assess orders that execute on BX are not statements may be examined at the a set fee of $0.0030 per share executed. assessed a charge, but rather the places specified in Item IV below. The Similarly, NASDAQ is proposing to Exchange receives a rebate from BX for Exchange has prepared summaries, set eliminate pass through fees and assess the routed execution.8 The Exchange forth in sections A, B, and C below, of a fee of $0.0030 per share executed for also believes that the proposed changes the most significant parts of such orders in Tape B securities that are are reasonable because they remove statements. routed to NYSEAmex or NYSEArca and complexity from the fee schedule and A. Self-Regulatory Organization’s then routed to another venue for assess a fee that is not dependent on Statement of the Purpose of, and execution. The Exchange currently knowing what the current liquidity Statutory Basis for, the Proposed Rule passes through any routing fees charged removal rate is on PSX. NASDAQ Change to NASDAQ by NYSEAmex or believes that the proposed changes to NYSEArca for these orders, which CART order fees are equitably allocated 1. Purpose currently is $0.0030 per share executed because all member firms that receive NASDAQ is proposing to amend but may vary based on changes to those an execution on PSX will be assessed a NASDAQ Rule 7018(a) to modify the exchanges’ respective fee schedules. fee that is more closely aligned with the costs incurred by NASDAQ, as noted fees assessed under the rule for 2. Statutory Basis above. NASDAQ believes that the securities it trades priced at $1 or more. NASDAQ believes that the proposed proposed changes to CART order fees do Specifically, NASDAQ proposes to rule change is consistent with the not discriminate unfairly because they change the fee assessed for CART orders provisions of Section 6 of the Act,5 in eliminate a distinction in the fees in securities listed on NASDAQ (‘‘Tape general, and with Sections 6(b)(4) and whereby discounted fees are charged for C’’), NYSE (‘‘Tape A’’) and on exchanges 6(b)(5) of the Act,6 in particular, in that use of the Exchange’s routing other than NASDAQ and the NYSE it provides for the equitable allocation functionality. Moreover, the proposed (‘‘Tape B’’) (collectively, the ‘‘Tapes’’). of reasonable dues, fees and other changes do not discriminate unfairly In addition, NASDAQ is proposing to charges among members and issuers and because they eliminate a distinction in change the fee assessed for orders in other persons using any facility or the routing fees whereby some fees are Tape A securities that are routed to system which the Exchange operates or fixed and others are based on fee NYSE and then routed to another venue controls, and is designed to prevent assessed by other markets. As noted for execution. Lastly, NASDAQ is fraudulent and manipulative acts and above, most routing fees are based on a proposing to change the fee assessed for practices, to promote just and equitable set fee, and are not tied to the fees of orders in Tape B securities that are principles of trade, to foster cooperation other markets. routed to NYSEAmex or NYSEArca and and coordination with persons engaged The Exchange believes that the then routed to another venue for in regulating, clearing, settling, change to eliminate pass through fees execution. processing information with respect to, for Tape A securities that are routed to CART is a routing option by which and facilitating transactions in NYSE and then routed to another venue orders in securities of all Tapes route to securities, to remove impediments to for execution, and the change to the NASDAQ OMX BX Equities Market and perfect the mechanism of a free and eliminate pass through fees for Tape B (‘‘BX’’) then the NASDAQ OMX PHLX open market and a national market securities that are routed to NYSEAmex PSX System (‘‘PSX’’), and then the system, and, in general, to protect and NYSEArca and then routed to System.3 The Exchange currently investors and the public interest; and another venue for execution are assesses no charge for CART orders that are not designed to permit unfair reasonable because they remove execute on BX and passes-through all discrimination between customers, complexity from the fee schedule and fees assessed and rebates offered by PSX issuers, brokers, or dealers. assess a fee that is not dependent on for such orders. CART orders executed NASDAQ believes that the proposed knowing what the current routing rates on PSX result in a pass through charge changes to the charges assessed for are on those markets. Moreover, the of $0.0024 per share executed.4 The CART orders in securities of any Tape proposed new fees are identical to the Exchange is proposing to now assess a that execute on PSX are reasonable fees assessed currently. The Exchange set charge of $0.0030 per share executed because they eliminate discounted believes that the proposed fee changes for CART orders in any Tape security pricing from the fee schedule and more are equitably allocated because all that executes on PSX in lieu of passing closely aligns [sic] the fee received with member firms that receive an execution through credits and rebates. the costs associated with providing on another venue in these securities will routing services. The Exchange incurs be assessed the same fee. Lastly, the 3 If shares remain un-executed, they are posted to costs in operating and supporting the Exchange believes that the proposed the book or cancelled. Once on the book, should the routing function, which are in addition order subsequently be locked or crossed by another to the fees of other exchanges that it 7 For a description of STGY, SCAN, SKNY and market center, the System will not route the order incurs when a routed order executes on SKIP routing strategies, see Rules 4758(a)(1)(A)(i) to the locking or crossing market center. See Rule and (ii) [sic]. 4758(a)(1)(A)(xi). 8 BX provides rebates to market participants that 4 See NASDAQ OMX PHLX LLC Pricing 5 15 U.S.C. 78f. remove liquidity ranging from $0.0004 to $0.0015. Schedule, Section VIII(a)(1). 6 15 U.S.C. 78f(b)(4) and (5). See BX Rule 7018(a).
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changes do not discriminate unfairly believe that any of the proposed changes (http://www.sec.gov/rules/sro.shtml). because they eliminate a distinction in will impair the ability of members or Copies of the submission, all subsequent the routing fees whereby some fees are competing order execution venues to amendments, all written statements fixed and others are based on fee maintain their competitive standing in with respect to the proposed rule assessed by other markets. As noted the financial markets. While the change that are filed with the above, most of NASDAQ’s routing fees Exchange does not believe that the Commission, and all written are based on a set fee, and are not tied proposed changes will result in any communications relating to the to the fees of other markets. burden on competition, if the changes proposed rule change between the B. Self-Regulatory Organization’s proposed herein are unattractive to Commission and any person, other than Statement on Burden on Competition market participants it is likely that those that may be withheld from the NASDAQ will lose market share as a public in accordance with the NASDAQ does not believe that the result. provisions of 5 U.S.C. 552, will be proposed rule changes will result in any available for Web site viewing and C. Self-Regulatory Organization’s burden on competition that is not printing in the Commission’s Public Statement on Comments on the necessary or appropriate in furtherance Reference Room on official business 9 Proposed Rule Change Received From of the purposes of the Act, as amended. days between the hours of 10:00 a.m. Members, Participants, or Others NASDAQ notes that it operates in a and 3:00 p.m. Copies of such filing also highly competitive market in which Written comments were neither will be available for inspection and market participants can readily favor solicited nor received. copying at the principal offices of the competing venues if they deem fee III. Date of Effectiveness of the Exchange. All comments received will levels at a particular venue to be be posted without change; the excessive, or rebate opportunities Proposed Rule Change and Timing for Commission Action Commission does not edit personal available at other venues to be more identifying information from favorable. In such an environment, The foregoing change has become submissions. You should submit only NASDAQ must continually adjust its effective pursuant to Section information that you wish to make 10 fees to remain competitive with other 19(b)(3)(A)(ii) of the Act. At any time available publicly. All submissions exchanges and with alternative trading within 60 days of the filing of the should refer to File Number SR– systems that have been exempted from proposed rule change, the Commission NASDAQ–2015–008, and should be compliance with the statutory standards summarily may temporarily suspend submitted on or before March 11, 2015. applicable to exchanges. Because such rule change if it appears to the competitors are free to modify their own Commission that such action is For the Commission, by the Division of fees in response, and because market Trading and Markets, pursuant to delegated necessary or appropriate in the public authority.11 participants may readily adjust their interest, for the protection of investors, Brent J. Fields, order routing practices, NASDAQ or otherwise in furtherance of the believes that the degree to which fee purposes of the Act. Secretary. changes in this market may impose any [FR Doc. 2015–03231 Filed 2–17–15; 8:45 am] burden on competition is extremely IV. Solicitation of Comments BILLING CODE 8011–01–P limited. In this instance, the changes to Interested persons are invited to routing fees and credits do not impose submit written data, views, and a burden on competition because arguments concerning the foregoing, SMALL BUSINESS ADMINISTRATION NASDAQ’s routing services are optional including whether the proposed rule and are the subject of competition from change is consistent with the Act. Regulatory Fairness Hearing, Region other exchanges and broker-dealers that Comments may be submitted by any of III—Virginia Beach, Virginia offer routing services, as well as the the following methods: AGENCY: U.S. Small Business ability of members to use their own routing capabilities. The increased fees Electronic Comments Administration (SBA). for execution of CART orders on PSX • Use the Commission’s Internet ACTION: Notice of open Hearing of are reflective of a need to better align comment form (http://www.sec.gov/ Region III Small Business Owners in the fees received with the costs incurred rules/sro.shtml); or Virginia Beach, VA. in operating and supporting the routing • Send an email to rule-comments@ SUMMARY: The SBA, Office of the sec.gov. Please include File Number SR– function. The proposed changes to National Ombudsman is issuing this NASDAQ–2015–008 on the subject line. orders in certain Tape securities routed notice to announce the location, date to NYSE, NYSEAmex, and NYSEArca Paper Comments and time of the Virginia Beach, VA do not represent an increase or decrease Regulatory Fairness Hearing. This in fees, but rather, like the change to • Send paper comments in triplicate hearing is open to the public. CART orders, removes [sic] an to Brent J. Fields, Secretary, Securities unnecessarily complex process to and Exchange Commission, 100 F Street DATES: The hearing will be held on determine the fee assessed with a set NE., Washington, DC 20549–1090. Tuesday, March 24, 2015, from 10:00 fee, which is consistent with other All submissions should refer to File a.m. to 12:00 p.m. (EDT). NASDAQ routing fees. Under the Number SR–NASDAQ–2015–008. This ADDRESSES: The hearing will be at the current fees, a member firm must know file number should be included on the Meyera Oberndorf Library Auditorium, what the respective fee schedules of subject line if email is used. 4100 Virginia Beach Boulevard, Virginia PSX, NYSE, NYSEAmex and NYSEArca To help the Commission process and Beach, VA 23452. are at any given time. Thus, the changes review your comments more efficiently, SUPPLEMENTARY INFORMATION: Pursuant will simplify the fee schedule by please use only one method. The to the Small Business Regulatory providing certainty to the fee assessed. Commission will post all comments on Enforcement Fairness Act (Pub. L. 104– For these reasons, NASDAQ does not the Commission’s Internet Web site 121), Sec. 222, SBA announces the
9 15 U.S.C. 78f(b)(8). 10 15 U.S.C. 78s(b)(3)(A)(ii). 11 17 CFR 200.30–3(a)(12).
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hearing for Small Business Owners, Council Chair, Carla Harris, and an other social scientists who are Business Organizations, Trade update from each of the NWBC distinguished in the field of U.S. foreign Associations, Chambers of Commerce committees: The Group of Six, relations. and related organizations serving small Communications and Engagement, and Questions concerning the Committee business concerns to report experiences Research and Policy. Updates will be and the renewal of its Charter should be regarding unfair or excessive Federal shared on the current research projects, directed to Stephen P. Randolph, regulatory enforcement issues affecting including: Women’s participation in Executive Secretary, Advisory their members. accelerators and incubators (qualitative), Committee on Historical Diplomatic FOR FURTHER INFORMATION CONTACT: The women’s participation in corporate Documentation, Department of State, hearing is open to the public; however, supplier diversity programs Office of the Historian, 2300 E Street advance notice of attendance is (qualitative), undercapitalization as a NW., Washington, DC, 20372 (Navy requested. Anyone wishing to attend contributing factor to failure Potomac Annex), telephone (202) 955– and/or make a presentation at the (quantitative), women’s use of social 0215 (email [email protected]). Virginia Beach, VA hearing must networks (quantitative), and an impact Dated: January 28, 2015. study of the Women Business Center contact Jose´ Me´ndez by March 17, 2015 Stephen P. Randolph, program. The Council will also in writing, or by fax or email in order Executive Secretary, Department of State. to be placed on the agenda. For further introduce the topics of interest for the [FR Doc. 2015–03312 Filed 2–17–15; 8:45 am] information, please contact Jose´ FY2015 research portfolio. Time will be Me´ndez, Case Management Specialist, reserved at the end for audience BILLING CODE 4710–11–P Office of the National Ombudsman, 409 participants to address Council Members directly with questions, 3rd Street SW., Suite 7125, Washington, DEPARTMENT OF STATE DC 20416, by phone (202) 205–6178 and comments, or feedback. fax (202) 481–5719. Additionally, if you FOR FURTHER INFORMATION CONTACT: The [Public Notice 9040] need accommodations because of a meeting is open to the public however disability, translation services, or advance notice of attendance is Meeting of Advisory Committee on require additional information, please requested. To RSVP and confirm International Communications and contact Jose´ Me´ndez as well. attendance, the general public should Information Policy For more information on the Office of email [email protected] with subject line— The Department of State’s Advisory the National Ombudsman, see our Web ‘‘RSVP for Detroit.’’ Anyone wishing to Committee on International site at www.sba.gov/ombudsman. make a presentation to the NWBC at this Communications and Information meeting must either email their interest Policy (ACICIP) will hold a public Dated: February 9, 2015. to [email protected] or call the main office Diana Doukas, meeting on March 13, 2015 from 2:00 number at 202–205–3850. p.m. to 5:00 p.m. in the Loy Henderson SBA Committee Management Officer. For more information, please visit the Auditorium of the Harry S Truman [FR Doc. 2015–03220 Filed 2–17–15; 8:45 am] National Women’s Business Council (HST) Building of the U.S. Department BILLING CODE 8025–01–P Web site at www.nwbc.gov. of State. The Truman Building is located Dated: February 11, 2015. at 2201 C Street NW., Washington, DC SMALL BUSINESS ADMINISTRATION Diana Doukas, 20520. SBA Committee Management Officer. The committee provides a formal National Women’s Business Council; [FR Doc. 2015–03233 Filed 2–17–15; 8:45 am] channel for regular consultation and Quarterly Public Meeting BILLING CODE 8025–01–P coordination on major economic, social and legal issues and problems in AGENCY: National Women’s Business international communications and Council, Small Business Administration DEPARTMENT OF STATE information policy, especially as these (SBA). issues and problems involve users of ACTION: Notice of open public meeting. [Public Notice 9036] information and communications Advisory Committee on Historical services, providers of such services, DATES: The meeting will be held on technology research and development, Wednesday, March 25, 2014 from 1:15 Diplomatic Documentation Notice of Charter Renewal for 2015 foreign industrial and regulatory policy, p.m. to 2:15 p.m. EST. the activities of international ADDRESSES: The meeting will be held at SUMMARY: The Advisory Committee on organizations with regard to the Detroit Marriott at the Renaissance Historical Diplomatic Documentation is communications and information, and Center, located at 400 Renaissance Drive renewing its charter for a period of two developing country issues. in Detroit, Michigan. years. This Advisory Committee will The meeting will be led by SUPPLEMENTARY INFORMATION: Pursuant continue to make recommendations to Ambassador Daniel A. Sepulveda, U.S. to section 10(a)(2) of the Federal the Historian and the Department of Coordinator for International Advisory Committee Act (5 U.S.C., State on all aspects of the Department’s Communications and Information Appendix 2), SBA announces the program to publish the Foreign Policy. The meeting’s agenda will meeting of the National Women’s Relations of the United States series as include discussions pertaining to Business Council. The National well as on the Department’s various upcoming international Women’s Business Council is tasked responsibility under statute (22 U.S.C. telecommunications meetings and with providing policy recommendations 4351, et seq.) to open its 30-year old and conferences as well as efforts focused on on issues of importance to women older records for public review at the technology and international business owners to the President, National Archives and Records development. Congress, and the SBA Administrator. Administration. The Committee consists Members of the public may submit This meeting is the 2nd quarterly of nine members drawn from among suggestions and comments to the meeting of the Council for FY2015. The historians, political scientists, ACICIP. Comments concerning topics to meeting will include remarks from the archivists, international lawyers, and be addressed in the agenda should be
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received by the ACICIP Executive For further information, please of the Federal Advisory Committee Act Secretary (contact information below) at contact Joseph Burton, Executive (Pub. L. 92–463). The agenda calls for least ten working days prior to the date Secretary of the Committee, at (202) discussions of agency declassification of the meeting. All comments must be 647–5231 or [email protected]. decisions concerning the Foreign submitted in written form and should General information about ACICIP Relations series and other not exceed one page. Resource and the mission of International declassification issues. These are limitations preclude acknowledging or Communications and Information matters properly classified and not replying to submissions. Policy is available at: http:// subject to public disclosure under 5 While the meeting is open to the www.state.gov/e/eb/adcom/acicip/ U.S.C. 552b(c)(1) and the public interest public, admittance to the building is index.htm requires that such activities be withheld only by means of a pre-clearance. For Dated: February 11, 2015. from disclosure. placement on the pre-clearance list, Joseph Burton, RSVP Instructions. Prior notification please submit the following information ACICIP Executive Secretary, Department of and a valid government-issued photo ID no later than 5:00 p.m. on Tuesday, State. (such as driver’s license, passport, U.S. March 10, 2015. (Please note that this [FR Doc. 2015–03308 Filed 2–17–15; 8:45 am] Government or military ID) are required information is required by Diplomatic for entrance into the Department of BILLING CODE 4710–07–P Security for each entrance into HST and State building. Members of the public must therefore be re-submitted for each planning to attend the meetings should ACICIP meeting): DEPARTMENT OF STATE RSVP for the open meetings, by the I. State That You Are Requesting Pre- dates indicated above, to Julie Fort or Clearance to a Meeting [Public Notice 9037] Nick Sheldon, Office of the Historian II. Provide the Following Information (202–955–0214/0215). When Advisory Committee on Historical 1. Name of meeting and its date and responding, please provide date of birth, Diplomatic Documentation—Notice of time valid government-issued photo Closed and Open Meetings for 2015 2. Visitor’s full name identification number and type (such as 3. Visitor’s organization/company SUMMARY: The Advisory Committee on driver’s license number/state, passport affiliation Historical Diplomatic Documentation number/country, or U.S. Government ID 4. Date of Birth will meet on March 2, June 8, August number/agency or military ID number/ 5. Citizenship 31, and December 7, 2015, in open branch), and relevant telephone 6. Acceptable forms of identification session to discuss unclassified matters numbers. If you cannot provide one of for entry into the building include: concerning declassification and transfer the specified forms of ID, please consult • U.S. driver’s license with photo of Department of State records to the with Julie Fort for acceptable alternative • Passport National Archives and Records forms of picture identification. • U.S. government agency ID Administration and the status of the Personal data is requested pursuant to 7. ID number on the form of ID that Foreign Relations series. Public Law 99–399 (Omnibus the visitor will show upon entry The Committee will meet in open Diplomatic Security and Antiterrorism 8. Whether the visitor has a need for session from 11:00 a.m. until noon in Act of 1986), as amended; Public Law reasonable accommodation. Such SA–4D Conference Room, Department 107–56 (USA PATRIOT Act); and requests received after March 6, 2015, of State, 2300 E Street NW., Washington Executive Order 13356. The purpose of might not be possible to fulfill. DC, 20372 (Potomac Navy Hill Annex). the collection is to validate the identity Send the above information to Joseph RSVP should be sent as directed below: of individuals who enter Department Burton by fax (202) 647–5957 or email • March 2, not later than February 23, facilities. The data will be entered into [email protected]. 2015. Requests for reasonable the Visitor Access Control System Please note that registrations will be accommodation should be made by (VACS–D) database. Please see the accepted to the capacity of the meeting February 16, 2015. Security Records System of Records room. All visitors for this meeting must • June 8, not later than June 1, 2015. Notice (State–36) at http:// use the 23rd Street entrance. The valid Requests for reasonable accommodation www.state.gov/documents/organization/ ID bearing the number provided with should be made by May 25, 2015. 103419.pdf, for additional information. • your pre-clearance request will be August 31, not later than August 24, Questions concerning the meeting required for admittance. Non-U.S. 2015. Requests for reasonable should be directed to Dr. Stephen P. government attendees must be escorted accommodation should be made by Randolph, Executive Secretary, by Department of State personnel at all August 17, 2015. Advisory Committee on Historical • times when in the building. December 7, not later than Diplomatic Documentation, Department Personal data is requested pursuant to November 30, 2015. Requests for of State, Office of the Historian, Public Law 99–399 (Omnibus reasonable accommodation should be Washington, DC, 20372, telephone (202) Diplomatic Security and Antiterrorism made by November 23, 2015. 955–0215, (email [email protected]). Act of 1986), as amended; Public Law Closed Sessions. The Committee’s Note that requests for reasonable 107–56 (USA PATRIOT Act); and sessions in the afternoon of Monday, accommodation received after the dates Executive Order 13356. The purpose of March 2, 2015; in the morning of indicated in this notice will be the collection is to validate the identity Tuesday, March 3; in the afternoon of considered, but might not be possible to of individuals who enter Department Monday, June 8, 2015; in the morning fulfill. facilities. The data will be entered into of Tuesday, June 9, 2015; in the the Visitor Access Control System afternoon of Monday, August 31, 2015; Dated: January 30, 2015. (VACS–D) database. Please see the in the morning of Tuesday, September Stephen P. Randolph, Security Records System of Records 1, 2015; in the afternoon of Monday, Executive Secretary, Advisory Committee on Notice (State–36) at http:// December 7, 2015; and in the morning Historical Diplomatic Documentation. www.state.gov/documents/organization/ of Tuesday, December 8, 2015, will be [FR Doc. 2015–03307 Filed 2–17–15; 8:45 am] 103419.pdf for additional information. closed in accordance with Section 10(d) BILLING CODE 4710–11–P
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DEPARTMENT OF STATE If you wish to make an oral Only comments that you believe to be presentation at the open session, you privileged or confidential will be [Public Notice 9038; Docket No. DOS–2015– must request to be scheduled by the accepted via those methods. Comments 10] above-mentioned date and time, and must be received by March 20, 2015. you must submit written comments, Notice of Meeting of the Cultural Comments submitted by fax or email ensuring that they are received no later Property Advisory Committee are not accepted. All comments than March 20 at 11:59 p.m. (EDT), via the eRulemaking Portal (see below), to submitted electronically must be There will be a meeting of the submitted via the eRulemaking Portal Cultural Property Advisory Committee allow time for distribution to Committee members prior to the meeting. Oral only. All comments submitted April 8–10, 2015 at the U.S. Department electronically will be viewable by the of State, Annex 5, 2200 C Street NW., comments will be limited to five (5) public, so do not include any Washington, DC. Portions of this minutes to allow time for questions information that you consider privileged meeting will be closed to the public, as from members of the Committee. All or confidential. discussed below. oral and written comments must relate During the closed portion of the specifically to the determinations under The Department of State requests that meeting, the Committee will review the 19 U.S.C. 2602, pursuant to which the any party soliciting or aggregating proposal to extend the Memorandum of Committee must make findings. comments received from other persons Understanding Between the Government If you do not wish to make oral for submission to the Department of comment but still wish to make your of United States of America and the State inform those persons that the views known, you may send written Government of the Republic of Italy Department of State will not edit their comments for the Committee to Concerning the Imposition of Import consider. Your comments should relate comments to remove any identifying or Restrictions on Categories of specifically to the determinations under contact information, and that they Archaeological Material Representing 19 U.S.C. 2602. Submit all written therefore should not include any the Pre-Classical, Classical, and materials electronically through the information in their comments that they Imperial Roman Periods of Italy (‘‘Italy eRulemaking Portal (see below), do not want publicly disclosed. MOU’’) [Docket No. DOS–2015–10]. An ensuring that they are received no later open session to receive oral public As noted above, portions of the than March 20, 2015 at 11:59 p.m. comment on the proposal to extend the meeting will be closed pursuant to 5 (EDT). Our adoption of this procedure U.S.C. 552b(c)(9)(B) and 19 U.S.C. Italy MOU will be held on Wednesday, facilitates public participation; April 8, 2015, beginning at 9:30 a.m. 2605(h), the latter of which stipulates implements Section 206 of the E- that ‘‘The provisions of the Federal EDT. Government Act of 2002, Public Law Also, during the closed portion of the Advisory Committee Act shall apply to 107–347, 116 Stat. 2915; and supports the Cultural Property Advisory meeting, the Committee will conduct an the Department of State’s ‘‘Greening Committee except that the requirements interim review of the Memorandum of Diplomacy’’ initiative that aims to of subsections (a) and (b) of sections 10 Understanding Between the Government reduce the State Department’s of the United States of America and the environmental footprint and reduce and 11 of such Act (relating to open Government of the Republic of Peru costs. meetings, public notice, public Concerning the Imposition of Import Please submit comments only once participation, and public availability of Restrictions on Archaeological Material using one of these methods: documents) shall not apply to the from the Prehispanic Cultures and • Electronic Delivery. To submit Committee, whenever and to the extent Certain Ethnological Material from the comments electronically, go to the it is determined by the President or his Colonial Period of Peru (‘‘Peru MOU’’). Federal eRulemaking Portal (http:// designee that the disclosure of matters Public comment, oral and written, will www.regulations.gov), enter the Docket involved in the Committee’s be invited at a time in the future should No. DOS–2015–10, and follow the proceedings would compromise the the Peru MOU be proposed for prompts to submit a comment. government’s negotiating objectives or extension. Comments submitted in electronic form bargaining positions on the negotiations The Committee’s responsibilities are are not private. They will be posted on of any agreement authorized by this carried out in accordance with the site http://www.regulations.gov. chapter.’’ Pursuant to law, Executive provisions of the Convention on Because the comments cannot be edited Order, and Delegation of Authority, I Cultural Property Implementation Act to remove any identifying or contact have made such a determination. (19 U.S.C. 2601 et seq.; ‘‘Act’’). The text information, the Department of State of the Act and MOUs, as well as related cautions against including any Personal information regarding information, may be found at http:// information in an electronic submission attendees is requested pursuant to culturalheritage.state.gov. If you wish to that one does not want publicly Public Law 99–399 (Omnibus attend the open session on April 8, disclosed (including trade secrets and Diplomatic Security and Antiterrorism 2015, you should notify the Cultural commercial or financial information Act of 1986), as amended; Public Law Heritage Center of the Department of that is privileged or confidential 107–56 (USA PATRIOT Act); and State at (202) 632–6301 no later than pursuant to 19 U.S.C. 2605(i)(1)). Executive Order 13356. The purpose of 5:00 p.m. (EST) March 20, 2015, to • Regular Mail or Delivery. If you the collection is to validate the identity arrange for admission. Seating is wish to submit information that you of individuals who enter Department limited. When calling, please specify if believe to be privileged or confidential facilities. The data will be entered into you need reasonable accommodation. in confidence pursuant to 19 U.S.C. the Visitor Access Control System The open session will be held at 2200 2605(i)(1), you may do so via regular (VACS–D) database. Please see the C St. NW., Edward R. Murrow mail, commercial delivery, or personal Security Records System of Records Conference Room, Washington, DC hand delivery to the following address: Notice (State–36) at http:// 20037. Please plan to arrive 30 minutes Cultural Heritage Center (ECA/P/C), www.state.gov/documents/organization/ before the beginning of the open SA–5, Floor C2, U.S. Department of 103419.pdf for additional information. session. State, Washington, DC 20522–05C2.
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Dated: February 9, 2015. DEPARTMENT OF TRANSPORTATION Instructions: All submissions must Evan Ryan, include the Agency name and docket Assistant Secretary, Bureau of Educational Federal Motor Carrier Safety number for this notice. For detailed and Cultural Affairs, U.S. Department of Administration instructions on submitting comments and additional information on the State. [Docket No. FMCSA–2015–0024] [FR Doc. 2015–03309 Filed 2–17–15; 8:45 am] exemption process, see the ‘‘Public Participation’’ heading below. Note that BILLING CODE 4710–05–P Parts and Accessories Necessary for Safe Operation; Application for an all comments received will be posted Exemption From Virginia Tech without change to http:// DEPARTMENT OF STATE Transportation Institute (VTTI) www.regulations.gov, including any personal information provided. Please AGENCY: Federal Motor Carrier Safety see the ‘‘Privacy Act’’ heading for [Public Notice 9039] Administration (FMCSA), DOT. further information. Docket: For access to the docket to Notice of Proposal To Extend the ACTION: Notice of application for read background documents or Memorandum of Understanding exemption; request for comments. comments received, go to http:// Between the Government of United SUMMARY: The Federal Motor Carrier www.regulations.gov or to Room W12– States of America and the Government Safety Administration (FMCSA) 140, DOT Building, 1200 New Jersey of the Republic of Italy Concerning the requests public comment on an Avenue SE., Washington, DC, between 9 Imposition of Import Restrictions on application for exemption from VTTI to a.m. and 5 p.m., Monday through Categories of Archaeological Material allow the placement of camera-based Friday, except Federal holidays. Representing the Pre-Classical, data acquisition systems (DAS) at the Privacy Act: In accordance with 5 Classical, and Imperial Roman Periods bottom of windshields on commercial U.S.C. 553(c), DOT solicits comments of Italy motor vehicles (CMVs). The Federal from the public to better inform its Motor Carrier Safety Regulations rulemaking process. DOT posts these The Government of the Republic of (FMCSRs) currently require antennas, comments, without edit, including any Italy has informed the Government of transponders, and similar devices to be personal information the commenter the United States of America of its located not more than 6 inches below provides, to www.regulations.gov, as interest in an extension of the the upper edge of the windshield, described in the system of records Memorandum of Understanding outside the area swept by the notice (DOT/ALL–14 FDMS), which can Between the Government of United windshield wipers, and outside the be reviewed at www.dot.gov/privacy. States of America and the Government driver’s sight lines to the road and Public participation: The http:// of the Republic of Italy Concerning the highway signs and signals. VTTI is www.regulations.gov Web site is coordinating device development and Imposition of Import Restrictions on generally available 24 hours each day, installation of the DASs for a National 365 days each year. You may find Categories of Archaeological Material Highway Traffic Safety Administration electronic submission and retrieval help Representing the Pre-Classical, (NHTSA) research program in up to 150 and guidelines under the ‘‘help’’ section Classical, and Imperial Roman Periods CMVs. The exemption would enable of the http://www.regulations.gov Web of Italy (‘‘MOU’’). VTTI and NHTSA to conduct research site as well as the DOT’s http:// Pursuant to the authority vested in the on the reliability of collision avoidance docketsinfo.dot.gov Web site. If you Assistant Secretary of State for systems for CMVs. VTTI believes that would like notification that we received Educational and Cultural Affairs, and mounting the DASs at the bottom of the your comments, please include a self- pursuant to the requirement under 19 windshield would maintain a level of addressed, stamped envelope or U.S.C. 2602(f)(1), an extension of this safety that is equivalent to, or greater postcard or print the acknowledgment MOU is hereby proposed. than, the level of safety achieved page that appears after submitting without the exemption. Pursuant to 19 U.S.C. 2602(f)(2), the comments online. views and recommendations of the DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: Mr. Cultural Property Advisory Committee or before March 20, 2015. Mike Huntley, Vehicle and Roadside regarding this proposal will be ADDRESSES: You may submit comments Operations Division, Office of Carrier, requested. bearing the Federal Docket Management Driver, and Vehicle Safety, MC–PSV, System (FDMS) Docket ID FMCSA– (202) 366–4235, Federal Motor Carrier A copy of the MOU, the Designated 2015–0024 using any of the following Safety Administration, 1200 New Jersey List of restricted categories of material, methods: Avenue SE, Washington, DC 20590– and related information can be found at • Web site: http:// 0001. the following Web site: http:// www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: culturalheritage.state.gov. instructions for submitting comments Dated: February 9, 2015. on the Federal electronic docket site. Background • Evan Ryan, Fax: 1–202–493–2251. Section 4007 of the Transportation • Mail: Docket Management Facility, Equity Act for the 21st Century (TEA– Assistant Secretary, Bureau of Educational and Cultural Affairs, U.S. Department of U.S. Department of Transportation, 21) [Pub. L. 105–178, June 9, 1998, 112 State. Room W12–140, 1200 New Jersey Stat. 401] amended 49 U.S.C. 31315 and Avenue SE., Washington, DC 20590– 31136(e) to provide authority to grant [FR Doc. 2015–03311 Filed 2–17–15; 8:45 am] 0001. exemptions from the Federal Motor BILLING CODE 4710–05–P • Hand Delivery: Ground Floor, Room Carrier Safety Regulations (FMCSRs). W12–140, DOT Building, 1200 New On August 20, 2004, FMCSA published Jersey Avenue SE., Washington, DC, a final rule (69 FR 51589) implementing between 9 a.m. and 5 p.m. e.t., Monday– section 4007. Under this rule, FMCSA Friday, except Federal holidays. must publish a notice of each exemption
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request in the Federal Register (49 CFR windshield wiper sweep, and out of the persons should continue to examine the 381.315(a)). The Agency must provide driver’s sightlines to the road and public docket for new material. the public with an opportunity to highway signs and signals, to the extent Issued on: February 9, 2015. inspect the information relevant to the practicable. Larry W. Minor, application, including any safety FMCSA Grant of Waiver to VTTI Associate Administrator for Policy. analyses that have been conducted. The Agency must also provide an Pursuant to 49 U.S.C. 31315(a) and 49 [FR Doc. 2015–03239 Filed 2–17–15; 8:45 am] opportunity for public comment on the CFR part 381, subpart B, the FMCSA BILLING CODE 4910–EX–P request. granted VTTI a 90-day waiver on The Agency reviews the safety January 26, 2015 to allow the placement DEPARTMENT OF TRANSPORTATION analyses and the public comments and of the DASs at the bottom of determines whether granting the windshields on CMVs, outside of the Federal Motor Carrier Safety exemption would likely achieve a level area permitted by section 393.60 of the Administration of safety equivalent to or greater than FMCSRs. This waiver is effective from the level that would be achieved by the January 26, 2015, through April 25, [Docket No. FMCSA–2006–25246; FMCSA– current regulation (49 CFR 381.305). 2015. Up to 150 DASs will be installed 2006–26066; FMCSA–2008–0340; FMCSA– The decision of the Agency must be and the affected motor carriers are listed 2010–0327; FMCSA–2010–0385; FMCSA– 2012–0280; FMCSA–2012–0337; FMCSA– published in the Federal Register (49 as below: CFR 381.315(b)). If the Agency denies 2012–0339] the request, it must state the reason for Qualification of Drivers; Exemption doing so. If the decision is to grant the Applications; Vision exemption, the notice must specify the 1. USDOT # Crosby Trucking Service Inc. person or class of persons receiving the 32052. in Mount Sydney VA. AGENCY: Federal Motor Carrier Safety exemption and the regulatory provision 2. USDOT # Rush Trucking Corporation Administration (FMCSA), DOT. or provisions from which an exemption 369138. in Wayne Michigan. 3. USDOT # Kuperus Trucking Inc. in ACTION: Notice of renewal of is granted. The notice must specify the 1977980. Jenison MI. exemptions; request for comments. effective period of the exemption (up to 4. USDOT # Stagecoach Cartage and 2 years) and explain the terms and 282628. Distribution, LP in El Paso SUMMARY: FMCSA announces its conditions of the exemption. The TX. decision to renew the exemptions from exemption may be renewed (49 CFR 5. USDOT # J & M Tank Lines Inc. in Bir- the vision requirement in the Federal 381.315(c) and 49 CFR 381.300(b)). 184405. mingham AL. Motor Carrier Safety Regulations for 17 6. USDOT # P&S Transportation LLC in individuals. FMCSA has statutory VTTI’s Application for Exemption 1243338. Ensley AL. authority to exempt individuals from VTTI has applied for an exemption 7. USDOT # Modular Transport Company the vision requirement if the 75827. in Wyoming MI. from 49 CFR 393.60(e)(1) to allow the exemptions granted will not installation of DASs at the bottom of the compromise safety. The Agency has windshield on CMVs. A copy of the During the waiver period, these motor concluded that granting these application is included in the docket carriers participating in the NHTSA exemption renewals will provide a level referenced at the beginning of this research program must ensure that the of safety that is equivalent to or greater notice. DASs are mounted within three inches than the level of safety maintained Section 393.60(e)(1) of the FMCSRs of the bottom of the driver side without the exemptions for these prohibits the obstruction of the driver’s windshield wiper sweep, and out of the commercial motor vehicle (CMV) field of view by devices mounted at the driver’s sightlines to the road and drivers. top of the windshield. Antennas, highway signs and signals as much as transponders and similar devices practicable. Vehicles participating in the DATES: This decision is effective March (devices) must not be mounted more study must carry a copy of this waiver 1, 2015. Comments must be received on than 152 mm (6 inches) below the upper in the vehicle. or before March 20, 2015. ADDRESSES: You may submit comments edge of the windshield. These devices Request for Comments must be located outside the area swept bearing the Federal Docket Management by the windshield wipers and outside In accordance with 49 U.S.C. 31315 System (FDMS) numbers: Docket No. the driver’s sight lines to the road and and 31136(e), FMCSA requests public [Docket No. FMCSA–2006–25246; highway signs and signals. comment from all interested persons on FMCSA–2006–26066; FMCSA–2008– VTTI has applied for the exemption VTTI’s application for an exemption 0340; FMCSA–2010–0327; FMCSA– because it wants to install DASs in up from 49 CFR 393.60(e)(1). All comments 2010–0385; FMCSA–2012–0280; to 150 CMVs operating throughout the received before the close of business on FMCSA–2012–0337; FMCSA–2012– United States in support of research the comment closing date indicated at 0339], using any of the following being conducted on behalf of NHTSA. the beginning of this notice will be methods: VTTI contends that it must be able to considered and will be available for • Federal eRulemaking Portal: Go to mount the DASs lower than allowed examination in the docket at the http://www.regulations.gov. Follow the under 49 CFR 393.60(e)(1) ‘‘because the location listed under the ADDRESSES on-line instructions for submitting safety equipment must have a clear section of this notice. Comments comments. forward facing view of the road, and low received after the comment closing date • Mail: Docket Management Facility; enough to accurately scan facial features will be filed in the public docket and U.S. Department of Transportation, 1200 for detection of impaired driving.’’ will be considered to the extent New Jersey Avenue SE., West Building VTTI’s mounting preference for the practicable. In addition to late Ground Floor, Room W12–140, DASs and necessary mounting brackets comments, FMCSA will also continue to Washington, DC 20590–0001. is at the bottom of the windshield, and file, in the public docket, relevant • Hand Delivery or Courier: West is best suited for mounting within and/ information that becomes available after Building Ground Floor, Room W12–140, or below 3 inches of the bottom of the the comment closing date. Interested 1200 New Jersey Avenue SE.,
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Washington, DC, between 9 a.m. and 5 II. Exemption Decision 31315, each of the 17 applicants has p.m., Monday through Friday, except This notice addresses 17 individuals satisfied the entry conditions for Federal Holidays. who have requested renewal of their obtaining an exemption from the vision • Fax: 1–202–493–2251. exemptions in accordance with FMCSA requirements (71 FR 63379; 71 FR Instructions: Each submission must procedures. FMCSA has evaluated these 63380; 72 FR 180; 72 FR 1050; 72 FR include the Agency name and the 17 applications for renewal on their 9397; 73 FR 75803; 73 FR 78422; 74 FR docket number for this notice. Note that merits and decided to extend each 980; 74 FR 6209; 74 FR 6211; 75 FR DOT posts all comments received exemption for a renewable two-year 65057; 75 FR 77492; 75 FR 79081; 75 FR 79083; 76 FR 4413; 76 FR 4414; 76 FR without change to http:// period. They are: 5425; 76 FR 8809; 76 FR 9865; 77 FR www.regulations.gov, including any Kreis C. Baldridge (TN) personal information included in a 64839; 77 FR 70534; 77 FR 75494; 78 FR Steven J. Clark (GA) 800; 78 FR 1919; 78 FR 9772; 78 FR comment. Please see the Privacy Act Thomas A. Crowell (NC) heading below. 11731; 78 FR 12813; 78 FR 12817). Each Michael A. Fouch (NJ) of these 17 applicants has requested Docket: For access to the docket to Wilfred J. Gagnon (VT) renewal of the exemption and has read background documents or Ricky G. Jacks (AL) submitted evidence showing that the Scott A. Lambertson (MN) comments, go to http:// vision in the better eye continues to Carl A. Lohrbach (OH) www.regulations.gov at any time or meet the requirement specified at 49 Jay C. Naccarato (WA) Room W12–140 on the ground level of CFR 391.41(b)(10) and that the vision Jeffrey L. Olson (MN) the West Building, 1200 New Jersey impairment is stable. In addition, a Gary J. Peterson (IL) Avenue SE., Washington, DC, between 9 review of each record of safety while a.m. and 5 p.m., Monday through Donnie R. Riggs (AL) James E. Savage (NV) driving with the respective vision Friday, except Federal holidays. The deficiencies over the past two years Federal Docket Management System Randall S. Surber (WV) Ernest W. Waff (VA) indicates each applicant continues to (FDMS) is available 24 hours each day, meet the vision exemption 365 days each year. If you want Curtis E. Way (TX) John E. Westbrook (LA) requirements. acknowledgment that we received your These factors provide an adequate comments, please include a self- The exemptions are extended subject basis for predicting each driver’s ability addressed, stamped envelope or to the following conditions: (1) That to continue to drive safely in interstate postcard or print the acknowledgement each individual has a physical commerce. Therefore, FMCSA page that appears after submitting examination every year (a) by an concludes that extending the exemption comments on-line. ophthalmologist or optometrist who for each renewal applicant for a period Privacy Act: In accordance with 5 attests that the vision in the better eye of two years is likely to achieve a level U.S.C. 553(c), DOT solicits comments continues to meet the requirements in of safety equal to that existing without from the public to better inform its 49 CFR 391.41(b)(10), and (b) by a the exemption. rulemaking process. DOT posts these medical examiner who attests that the comments, without edit, including any individual is otherwise physically IV. Public Participation and Request for personal information the commenter qualified under 49 CFR 391.41; (2) that Comments provides, to www.regulations.gov, as each individual provides a copy of the FMCSA encourages you to participate described in the system of records ophthalmologist’s or optometrist’s by submitting comments and related notice (DOT/ALL–14 FDMS), which can report to the medical examiner at the materials. be reviewed at www.dot.gov/privacy. time of the annual medical examination; and (3) that each individual provide a Submitting Comments FOR FURTHER INFORMATION CONTACT: copy of the annual medical certification If you submit a comment, please Charles A. Horan, III, Director, Carrier, to the employer for retention in the include the docket number for this Driver and Vehicle Safety Standards, driver’s qualification file and retains a notice (FMCSA–2006–25246; FMCSA– 202–366–4001, [email protected], copy of the certification on his/her 2006–26066; FMCSA–2008–0340; FMCSA, Department of Transportation, person while driving for presentation to FMCSA–2010–0327; FMCSA–2010– 1200 New Jersey Avenue SE., Room a duly authorized Federal, State, or local 0385; FMCSA–2012–0280; FMCSA– W64–224, Washington, DC 20590–0001. enforcement official. Each exemption 2012–0337; FMCSA–2012–0339), Office hours are from 8:30 a.m. to 5 p.m. will be valid for two years unless indicate the specific section of this Monday through Friday, except Federal rescinded earlier by FMCSA. The document to which each comment holidays. exemption will be rescinded if: (1) the applies, and provide a reason for each SUPPLEMENTARY INFORMATION: person fails to comply with the terms suggestion or recommendation. You I. Background and conditions of the exemption; (2) the may submit your comments and exemption has resulted in a lower level material online or by fax, mail, or hand Under 49 U.S.C. 31136(e) and 31315, of safety than was maintained before it delivery, but please use only one of FMCSA may renew an exemption from was granted; or (3) continuation of the these means. FMCSA recommends that the vision requirements in 49 CFR exemption would not be consistent with you include your name and a mailing 391.41(b)(10), which applies to drivers the goals and objectives of 49 U.S.C. address, an email address, or a phone of CMVs in interstate commerce, for a 31136(e) and 31315. number in the body of your document two-year period if it finds ‘‘such so the Agency can contact you if it has III. Basis for Renewing Exemptions exemption would likely achieve a level questions regarding your submission. of safety that is equivalent to or greater Under 49 U.S.C. 31315(b)(1), an To submit your comment online, got than the level that would be achieved exemption may be granted for no longer to http://www.regulations.gov and put absent such exemption.’’ The than two years from its approval date the docket number, ‘‘FMCSA–2006– procedures for requesting an exemption and may be renewed upon application 25246; FMCSA–2006–26066; FMCSA– (including renewals) are set out in 49 for additional two year periods. In 2008–0340; FMCSA–2010–0327; CFR part 381. accordance with 49 U.S.C. 31136(e) and FMCSA–2010–0385; FMCSA–2012–
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0280; FMCSA–2012–0337; FMCSA– track turnout components, the Federal If, however, FTA determines that ‘‘the 2012–0339’’ in the ‘‘Keyword’’ box, and Transit Administration (FTA) hereby steel, iron, and goods produced in the click ‘‘Search.’’ When the new screen waives its Buy America requirements United States are not produced in a appears, click on ‘‘Comment Now!’’ for LIRR’s procurement of the following sufficient and reasonably available button and type your comment into the track turnout components: Schwihag amount or are not of a satisfactory text box in the following screen. Choose roller assemblies, Schwihag plates, quality,’’ then FTA may issue a waiver whether you are submitting your ZU1–60 steel switch point rail sections, (non-availability waiver). 49 U.S.C. comment as an individual or on behalf and movable point frogs. This waiver is 5323(j)(2)(B); 49 CFR 661.7(c). of a third party and then submit. If you limited to LIRR’s procurement of these On July 31, 2014, LIRR requested a submit your comments by mail or hand track turnout components for the nine non-availability Buy America waiver for delivery, submit them in an unbound (9) turnouts that LIRR needs for VHL03 the procurement of four specific track format, no larger than 81⁄2 by 11 inches, LIRR Stage 3 of the East Side Access turnout components—i.e., Schwihag suitable for copying and electronic Project and the one (1) turnout that LIRR roller assemblies, Schwihag plates, filing. If you submit comments by mail needs for VHL04 LIRR Stage 4 of the ZU1–60 steel switch point rail sections, and would like to know that they East Side Access Project. The turnouts and MPFs—that are needed for the ESA reached the facility, please enclose a themselves, however, are subject to Project. MTA entered into an FTA Full stamped, self-addressed postcard or FTA’s Buy America requirements and, Funding Grant Agreement in 2006 to envelope. FMCSA will consider all accordingly, the turnouts must be build the ESA Project. As described by comments and material received during manufactured in the United States. LIRR, the ESA Project will extend LIRR the comment period and may change This Buy America waiver does not commuter rail service from Queens to this notice based on your comments. apply to the track turnout components the east side of Midtown Manhattan and for Phase I of LIRR’s Jamaica Capacity will construct a new LIRR Terminal at Viewing Comments and Documents Improvements Project, and FTA will Grand Central Terminal. To view comments, as well as any address that waiver request separately. On February 4, 2015, LIRR submitted documents mentioned in this preamble Moreover, this Buy America waiver a letter to FTA indicating that it has as being available in the docket, go to does not apply to the track turnout become aware of alternate turnout http://www.regulations.gov and in the components for the Northeast Corridor designs that may be compatible with search box insert the docket number, Congestion Relief Project at Harold LIRR’s infrastructure, with some ‘‘FMCSA–2006–25246; FMCSA–2006– Interlocking, which is being addressed modifications, for the ESA Project and 26066; FMCSA–2008–0340; FMCSA– in a separate waiver decision published that may be available from a domestic 2010–0327; FMCSA–2010–0385; by the Federal Railroad Administration source in the future. Accordingly, in its FMCSA–2012–0280; FMCSA–2012– (FRA), as FRA funds are being used for February 4, 2015 letter, LIRR narrowed 0337; FMCSA–2012–0339’’ in the that project. its waiver request to apply only to ‘‘Keyword’’ box and click ‘‘Search.’’ DATES: This waiver is effective VHL03 LIRR Stage 3 and VHL04 LIRR Next, click ‘‘Open Docket Folder’’ immediately. Stage 4 of the ESA Project. Specifically, button choose the document listed to LIRR explained that it critically needs review. If you do not have access to the FOR FURTHER INFORMATION CONTACT: the Buy America waiver for nine (9) Internet, you may view the docket Richard L. Wong, FTA Attorney- turnouts that are necessary for VHL03 online by visiting the Docket Advisor, at (202) 366–4011 or LIRR Stage 3 of the ESA Project in order Management Facility in Room W12–140 [email protected]. for LIRR to meet its 2016 installation on the ground floor of the DOT West SUPPLEMENTARY INFORMATION: The schedule and to thereby avoid delays to Building, 1200 New Jersey Avenue SE., purpose of this notice is to announce the overall ESA project schedule. Washington, DC 20590, between 9 a.m. that FTA is granting a non-availability Additionally, LIRR specified that it and 5 p.m., e.t., Monday through Friday, waiver for LIRR’s procurement of track needs the track turnout components except Federal holidays. turnout components—i.e., Schwihag waiver so that it may procure one (1) roller assemblies, Schwihag plates, Issued On: February 6, 2015. unique turnout—No. 32.75—for VHL04 ZU1–60 steel switch point rail sections, LIRR Stage 4 of the ESA Project. Larry W. Minor, and movable point frogs (MPFs)—that LIRR has stated that the foreign- Associate Administrator for Policy. are needed for VHL03 LIRR Stage 3 and sourced MPFs are essential components [FR Doc. 2015–03241 Filed 2–17–15; 8:45 am] VHL04 LIRR Stage 4 of the East Side of track turnouts for the following BILLING CODE 4910–EX–P Access (ESA) Project. operational reasons: (1) turnouts with With certain exceptions, FTA’s Buy MPFs are necessary to withstand the America requirements prevent FTA frequent and heavy use by passenger DEPARTMENT OF TRANSPORTATION from obligating an amount that may be and freight trains traveling along LIRR’s appropriated to carry out its program for Federal Transit Administration right of way; (2) turnouts with MPFs a project unless ‘‘the steel, iron, and allow trains to travel through the [Docket No. FTA–2014–0025] manufactured goods used in the project turnouts at higher speeds, ultimately are produced in the United States.’’ 49 providing more throughput during rush Notice of Buy America Waiver for U.S.C. 5323(j)(1). A manufactured hour; (3) turnouts with MPFs reduce Track Turnout Components product is considered produced in the impact loading to the turnouts; and (4) AGENCY: Federal Transit Administration, United States if: (1) All of the turnouts with MPFs provide for less DOT. manufacturing processes for the product wear and tear, thereby requiring less ACTION: Notice of Buy America Waiver. must take place in the United States; overall maintenance, extending the and (2) All of the components of the useful lives of the turnouts, and SUMMARY: In response to a request from product must be of U.S. origin. 49 CFR resulting in fewer outages and negative the Long Island Rail Road Company 661.5(d). A component is considered of impacts on LIRR’s operations. (LIRR), a subsidiary of the New York U.S. origin if it is manufactured in the Based on previous solicitations, Metropolitan Transportation Authority United States, regardless of the origin of market research, and manufacturer (MTA), for a Buy America waiver for its subcomponents. 49 CFR 661.5(d)(2). outreach, as set forth below, LIRR
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concluded that it was unable to identify information. Four manufacturers for track turnout components of one (1) a domestic source for track turnout responded, but LIRR concluded that the #20 tangential geometry turnout for components—i.e., Schwihag roller four manufacturers were not potential LIRR’s State of Good Repair (SGR) assemblies, Schwihag plates, ZU1–60 domestic sources for the components Program, LIRR withdrew that waiver steel switch point rail sections, and because the manufacturers each stated request on February 9, 2015 due to a MPFs—that LIRR needs for VHL03 LIRR that either it did not currently potential domestically produced Stage 3 and VHL04 LIRR Stage 4 of the manufacture the components or it did alternative turnout for its SGR program. ESA Project. not appear economically feasible for the Furthermore, this Buy America In February 2014, LIRR issued a manufacturer to manufacture the waiver does not apply to the track competitive solicitation seeking vendors components in the quantities needed by turnout components for the Northeast to provide five (5) turnouts for VHL03 LIRR. One of the four responsive Corridor Congestion Relief Project at LIRR Stage 3 of the ESA Project. LIRR manufacturers, Compucision, LLC, Harold Interlocking, which is being received only one response, and it was expressed interested, but it had never addressed in a separate waiver decision from VAE Nortrak North America Inc. manufactured the components published by FRA, as FRA funds are (Nortrak), which certified that it was not previously and had little knowledge of being used for that project. compliant with the Buy America the technical requirements. Based on requirements. Based on LIRR’s prior these efforts, LIRR determined that there Dana Nifosi, experience in procuring the same or are no U.S. manufacturers that are Acting Chief Counsel. similar turnouts, LIRR has found that willing and capable of producing the [FR Doc. 2015–03242 Filed 2–17–15; 8:45 am] Nortrak and Progress Rail Services turnout components that are presently BILLING CODE 4910–57–P Corporation (Progress) are the only two required for VHL03 LIRR Stage 3 and vendors that are technically capable of VHL04 LIRR Stage 4 the ESA Project. manufacturing turnouts with the roller On December 19, 2014, FTA DEPARTMENT OF TRANSPORTATION assemblies, plates, ZU1–60 steel switch published a Federal Register notice point rail sections, and MPFs that LIRR requesting comment on LIRR’s waiver Maritime Administration requires for the ESA Project. According request, pursuant to 49 CFR 661.7. 79 [Docket No. DOT–MARAD 2015 0020] to LIRR, Nortrak and Progress FR 75857 (Dec. 19, 2014). No comments manufacture the turnouts domestically, were received to the docket. Request for Comments of a Previously but the turnout components that are the Based upon LIRR’s good faith efforts Approved Information Collection subject of this waiver are presently to identify potential domestic manufactured only non-domestically.1 manufacturers for these track turnout ACTION: Notice and request for Progress did not submit a bid in components, LIRR’s informed comments. response to the February 2014 conclusion that there are presently no solicitation related to VHL03 LIRR Stage U.S. manufacturers that are willing and SUMMARY: In compliance with the 3 of the ESA Project. capable of producing the turnout Paperwork Reduction Act of 1995 (44 Furthermore, in support of its components needed for VHL03 LIRR U.S.C. 3501 et seq.), this notice requests, LIRR also conducted market Stage 3 and VHL04 LIRR Stage 4 of the announces that the Information research and manufacturer outreach. In ESA Project, and the lack of responses Collection Request (ICR) abstracted conducting this research, LIRR utilized to FTA’s Federal Register Notice, FTA below is being forwarded to the Office the National Railroad Passenger is issuing a non-availability waiver, of Management and Budget (OMB) for Corporation’s (Amtrak) previous market pursuant to 49 CFR 661.7(c), for LIRR’s review and comments. A Federal research regarding potential domestic procurement of the track turnout Register Notice with a 60-day comment manufacturers of the four component components—i.e., Schwihag roller period soliciting comments on the types that are the subject of this notice. assemblies, Schwihag plates, ZU1–60 following information collection was Amtrak conducted its market research at steel switch point rail sections, and published on November 26, 2014 the request of FRA, and the research MPFs—but in connection with only the (Federal Register 70610, Vol. 79, No. included outreach to manufacturers that nine (9) turnouts needed for VHL03 228). LIRR Stage 3 and the one (1) turnout were previously identified by the U.S. DATES: Comments must be submitted on Department of Commerce’s National needed for VHL04 LIRR Stage 4 of the or before March 20, 2015. East Side Access Project, as set forth Institute of Standards and Technology FOR FURTHER INFORMATION CONTACT: (NIST) in a December 2012 Supplier above. Subsequent waiver requests for track turnout components will be Elizabeth Gearhart, 202–366–1867, Scouting Report. Office of Shipyards and Marine Additionally, LIRR conducted its own subject to notice-and-comment Engineering, Maritime Administration independent outreach and contacted publication requirements. This waiver 1200 New Jersey Avenue SE., seven potential manufacturers: Unitrac does not apply to the turnouts Washington, DC 20590. Railroad Materials, Inc., Arcelor Mittal, themselves, and, accordingly, the J. Manufacturing Inc., Steel Dynamics, turnouts must be manufactured in the SUPPLEMENTARY INFORMATION: Inc., Metal Tech, Compucision, LLC, United States pursuant to FTA’s Buy Title: Shipbuilding Orderbook and and IAT International Inc.2 Three of the America requirements. See 49 CFR part Shipyard Employment. seven potential manufacturers failed to 661. OMB Control Number: 2133–0029. respond to repeated requests for Furthermore, this Buy America Type of Request: Renewal of a waiver does not apply to the track Previously Approved Information 1 The roller assemblies and plates are turnout components for Phase I of Collection. manufactured in Switzerland; the ZU1–60 steel LIRR’s Jamaica Capacity Improvements Abstract: MARAD collects this switch point rail sections are manufactured in Project, which will be addressed in a information from the shipbuilding and Austria; and the MPFs are manufactured in separate waiver decision by FTA. With ship repair industry primarily to Germany. 2 FTA defers to LIRR’s spelling and punctuation respect to LIRR’s Buy America waiver determine if an adequate mobilization of the manufacturers’ names as presented in LIRR’s request from March 26, 2013 (and base exists for national defense and for July 31, 2014, letter. supplemented on September 19, 2014) use in a national emergency.
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Affected Public: Owners of U.S. ADDRESSES: You may submit comments Authority: The Paperwork Reduction Act shipyards who agree to complete the [identified by Docket No. DOT– of 1995; 44 U.S.C. Chapter 35, as amended; requested information. MARAD–2015–0012] through one of the and 49 CFR 1.93. Estimated Number of Respondents: following methods: Dated: February 3, 2015. 200. • Federal eRulemaking Portal: http:// Christine Gurland, Estimated Number of Responses: 800. www.regulations.gov. Follow the online Acting Secretary, Maritime Administration. Annual Estimated Total Annual instructions for submitting comments. [FR Doc. 2015–03380 Filed 2–17–15; 8:45 am] • Burden Hours: 400. Fax: 1–202–493–2251 BILLING CODE 4910–81–P ADDRESSES: Send comments regarding • Mail or Hand Delivery: Docket the burden estimate, including Management Facility, U.S. Department suggestions for reducing the burden, to of Transportation, 1200 New Jersey DEPARTMENT OF TRANSPORTATION the Office of Management and Budget, Avenue SE., West Building, Room W12– Attention: Desk Officer for the Office of 140, Washington, DC 20590, between 9 Maritime Administration the Secretary of Transportation, 725 a.m. and 5 p.m., Monday through [Docket No. DOT–MARAD–2015–0011] 17th Street NW., Washington, DC 20503. Friday, except on Federal holidays. Comments are invited on: Whether the FOR FURTHER INFORMATION CONTACT: Agency Requests for Renewal of a proposed collection of information is Michael C. Pucci, (202) 366–5167, Previously Approved Information necessary for the proper performance of Division of Maritime Programs, Collection(s): U.S. Merchant Marine the functions of the Department, Maritime Administration, 1200 New Academy Candidate Application for including whether the information will Jersey Avenue SE., Washington, DC Admission. have practical utility; the accuracy of 20590. the Department’s estimate of the burden AGENCY: Maritime Administration, DOT. of the proposed information collection; SUPPLEMENTARY INFORMATION: ACTION: Notice and request for ways to enhance the quality, utility and OMB Control Number: 2133–0530 comments clarity of the information to be Title: Form Numbers: Requirements SUMMARY: The Maritime Administration collected; and ways to minimize the for Eligibility of U.S.-Flag Vessels of 100 (MARAD) invites public comments burden of the collection of information Feet or Greater in Registered Length to about our intention to request the Office on respondents, including the use of Obtain a Fishery Endorsement. of Management and Budget (OMB) automated collection techniques or Type of Review: Renewal of an approval to renew an information other forms of information technology. information collection. Background: In accordance with the collection. We are required to publish Authority: The Paperwork Reduction Act American Fisheries Act of 1998, owners this notice in the Federal Register by of 1995; 44 U.S.C. Chapter 35, as amended; the Paperwork Reduction Act of 1995, and 49 CFR 1.93. of vessels of 100 feet or greater who wish to obtain a fishery endorsement to Public Law 104–13. Dated: February 10, 2015. the vessels’ documentation are required DATES: Written comments should be Christine Gurland, to file with the Maritime Administration submitted by April 20, 2015. Acting Secretary, Maritime Administration. (MARAD) an Affidavit of United States ADDRESSES: You may submit comments [FR Doc. 2015–03372 Filed 2–17–15; 8:45 am] Citizenship. The information collection [identified by Docket No. DOT– BILLING CODE 4910–81–P is necessary for MARAD to determine MARAD–2015–0011] through one of the that a particular vessel is owned and following methods: controlled by United Sates citizens and • Federal eRulemaking Portal: http:// DEPARTMENT OF TRANSPORTATION is eligible to receive a fishery www.regulations.gov. Follow the online endorsement to its documentation. instructions for submitting comments. Maritime Administration Respondents: Vessel owners, • Fax: 1–202–493–2251 charterers, mortgagees, mortgage • Mail or Hand Delivery: Docket [Docket No. DOT–MARAD—2015–0012] trustees and managers of vessels of 100 Management Facility, U.S. Department of Transportation, 1200 New Jersey Agency Requests for Renewal of a feet or greater who seek a fishery Avenue SE, West Building, Room W12– Previously Approved Information endorsement for the vessel. 140, Washington, DC 20590, between 9 Collection(s): Requirements for Number of Respondents: 500. a.m. and 5 p.m., Monday through Eligibility of U.S.-Flag Vessels of 100 Frequency: Annually. Friday, except on Federal holidays. Feet or Greater in Registered Length to Number of Responses: 500. Obtain a Fishery Endorsement Total Annual Burden: 2950. FOR FURTHER INFORMATION CONTACT: Public Comments Invited: You are Office of Admission, 516–726–5646, AGENCY: Maritime Administration, DOT. asked to comment on any aspect of this Maritime Administration, U.S. ACTION: Notice and request for information collection, including (a) Merchant Marine Academy, Office of comments. Whether the proposed collection of Admissions, 300 Steamboat Road, New information is necessary for the York, NY 11024. Copies of this SUMMARY: The Maritime Administration Department’s performance; (b) the collection also can be obtained from that (MARAD) invites public comments accuracy of the estimated burden; (c) office. about our intention to request the Office ways for the Department to enhance the SUPPLEMENTARY INFORMATION: of Management and Budget (OMB) quality, utility and clarity of the OMB Control Number: 2133–0010. approval to renew an information information collection; and (d) ways Title: U.S. Merchant Marine Academy collection. We are required to publish that the burden could be minimized Candidate Application for Admission. this notice in the Federal Register by without reducing the quality of the Form Numbers: KP 2–65. the Paperwork Reduction Act of 1995, collected information. The agency will Type of Review: Renewal of an Public Law 104–13. summarize and/or include your information collection. DATES: Written comments should be comments in the request for OMB’s Background: The collection consists submitted by April 20, 2015. clearance of this information collection. of Parts I, II, and III of Form KP 2–65
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(U.S. Merchant Marine Academy such a waiver has been received by should refer to the docket number of Application for Admission). Part I of the MARAD. The vessel, and a brief this notice and the vessel name in order form is completed by individuals description of the proposed service, is for MARAD to properly consider the wishing to be admitted as students to listed below. comments. Comments should also state the U.S. Merchant Marine Academy. DATES: Submit comments on or before the commenter’s interest in the waiver The information on the Candidate March 20, 2015. application, and address the waiver Application Parts II and III is used by ADDRESSES: Comments should refer to criteria given in § 388.4 of MARAD’s the USMMA admissions staff and its docket number MARAD–2015–0014. regulations at 46 CFR part 388. Candidate Evaluation Board to select the Written comments may be submitted by Privacy Act best qualified candidates for the hand or by mail to the Docket Clerk, Anyone is able to search the Academy. Part II is completed by the U.S. Department of Transportation, applicant and Part III by an official at electronic form of all comments Docket Operations, M–30, West received into any of our dockets by the the secondary school where the Building Ground Floor, Room W12–140, applicant attends or has attended. name of the individual submitting the 1200 New Jersey Avenue SE., comment (or signing the comment, if Respondents: Individuals desiring to Washington, DC 20590. You may also become students at the U.S. Merchant submitted on behalf of an association, send comments electronically via the business, labor union, etc.). You may Marine Academy. Internet at http://www.regulations.gov. Number of Respondents: 2500. review DOT’s complete Privacy Act All comments will become part of this Statement in the Federal Register Frequency: Once. docket and will be available for Number of Responses: 2500. published on April 11, 2000 (Volume inspection and copying at the above 65, Number 70; Pages 19477–78). Total Annual Burden: 25,000 Hours. address between 10 a.m. and 5 p.m., Public Comments Invited: You are E.T., Monday through Friday, except By Order of the Maritime Administrator. asked to comment on any aspect of this federal holidays. An electronic version Dated: February 10, 2015. information collection, including (a) of this document and all documents Christine Gurland, whether the proposed collection of entered into this docket is available on Acting Secretary, Maritime Administration. information is necessary for the the World Wide Web at http:// [FR Doc. 2015–03353 Filed 2–17–15; 8:45 am] Department’s performance; (b) the www.regulations.gov. accuracy of the estimated burden; (c) BILLING CODE 4910–81–P ways for the Department to enhance the FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of quality, utility and clarity of the DEPARTMENT OF TRANSPORTATION information collection; and (d) ways Transportation, Maritime that the burden could be minimized Administration, 1200 New Jersey Maritime Administration without reducing the quality of the Avenue SE., Room W23–453, collected information. The agency will Washington, DC 20590. Telephone 202– [Docket No. MARAD–2015–0018] summarize and/or include your 366–0903, Email Linda.Williams@ Requested Administrative Waiver of comments in the request for OMB’s dot.gov. the Coastwise Trade Laws: Vessel clearance of this information collection. SUPPLEMENTARY INFORMATION: As TORTOLA; Invitation for Public Authority: The Paperwork Reduction Act described by the applicant the intended Comments of 1995; 44 U.S.C. Chapter 35, as amended; service of the vessel ALCYONE is: and 49 CFR 1:93. Intended Commercial Use of Vessel: AGENCY: Maritime Administration, Dated: February 3, 2015. ‘‘Private Vessel Charters, Passengers Department of Transportation. Christine Gurland, Only.’’ ACTION: Notice. Acting Secretary, Maritime Administration. Geographic Region: ‘‘Maine, New Hampshire, Massachusetts, Rhode SUMMARY: As authorized by 46 U.S.C. [FR Doc. 2015–03377 Filed 2–17–15; 8:45 am] Island, Connecticut, New York, New 12121, the Secretary of Transportation, BILLING CODE 4910–81–P Jersey, Pennsylvania, Delaware, as represented by the Maritime Maryland, Virginia, North Carolina, Administration (MARAD), is authorized to grant waivers of the U.S.-build DEPARTMENT OF TRANSPORTATION South Carolina, Georgia, Florida, California, Oregon, Washington and requirement of the coastwise laws under certain circumstances. A request for Maritime Administration Alaska (excluding waters in Southeastern Alaska and waters north of such a waiver has been received by [Docket No. MARAD–2015–0014] a line between Gore Point to Cape MARAD. The vessel, and a brief Suckling [including the North Gulf description of the proposed service, is Requested Administrative Waiver of listed below. the Coastwise Trade Laws: Vessel Coast and Prince William Sound]).’’ The complete application is given in DATES: Submit comments on or before ALCYONE; Invitation for Public March 20, 2015. Comments DOT docket MARAD–2015–0014 at http://www.regulations.gov. Interested ADDRESSES: Comments should refer to AGENCY: Maritime Administration, parties may comment on the effect this docket number MARAD–2015–0018. Department of Transportation. action may have on U.S. vessel builders Written comments may be submitted by ACTION: Notice. or businesses in the U.S. that use U.S.- hand or by mail to the Docket Clerk, flag vessels. If MARAD determines, in U.S. Department of Transportation, SUMMARY: As authorized by 46 U.S.C. accordance with 46 U.S.C. 12121 and Docket Operations, M–30, West 12121, the Secretary of Transportation, MARAD’s regulations at 46 CFR part Building Ground Floor, Room W12–140, as represented by the Maritime 388, that the issuance of the waiver will 1200 New Jersey Avenue SE., Administration (MARAD), is authorized have an unduly adverse effect on a U.S.- Washington, DC 20590. You may also to grant waivers of the U.S.-build vessel builder or a business that uses send comments electronically via the requirement of the coastwise laws under U.S.-flag vessels in that business, a Internet at http://www.regulations.gov. certain circumstances. A request for waiver will not be granted. Comments All comments will become part of this
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docket and will be available for DEPARTMENT OF TRANSPORTATION South Carolina, Georgia, Florida, inspection and copying at the above California, Oregon, Washington and address between 10 a.m. and 5 p.m., Maritime Administration Alaska (excluding waters in E.T., Monday through Friday, except [Docket No. MARAD–2015–0013] Southeastern Alaska and waters north of federal holidays. An electronic version a line between Gore Point to Cape of this document and all documents Requested Administrative Waiver of Suckling [including the North Gulf entered into this docket is available on the Coastwise Trade Laws: Vessel Coast and Prince William Sound]).’’ the World Wide Web at http:// ESPIRITU SANTI; Invitation for Public The complete application is given in www.regulations.gov. Comments DOT docket MARAD–2015–0013 at http://www.regulations.gov. Interested FOR FURTHER INFORMATION CONTACT: AGENCY: Maritime Administration, parties may comment on the effect this Linda Williams, U.S. Department of Department of Transportation. action may have on U.S. vessel builders Transportation, Maritime ACTION: Notice. or businesses in the U.S. that use U.S.- Administration, 1200 New Jersey flag vessels. If MARAD determines, in SUMMARY: As authorized by 46 U.S.C. Avenue SE., Room W23–453, accordance with 46 U.S.C. 12121 and Washington, DC 20590. Telephone 202– 12121, the Secretary of Transportation, as represented by the Maritime MARAD’s regulations at 46 CFR part 366–0903, Email Linda.Williams@ 388, that the issuance of the waiver will dot.gov. Administration (MARAD), is authorized to grant waivers of the U.S.-build have an unduly adverse effect on a U.S.- SUPPLEMENTARY INFORMATION: As requirement of the coastwise laws under vessel builder or a business that uses described by the applicant the intended certain circumstances. A request for U.S.-flag vessels in that business, a service of the vessel TORTOLA is: such a waiver has been received by waiver will not be granted. Comments MARAD. The vessel, and a brief should refer to the docket number of Intended Commercial Use of Vessel: this notice and the vessel name in order ‘‘Day cruise charters with private description of the proposed service, is listed below. for MARAD to properly consider the parties.’’ comments. Comments should also state DATES: Geographic Region: ‘‘Florida.’’ Submit comments on or before the commenter’s interest in the waiver March 20, 2015. The complete application is given in application, and address the waiver ADDRESSES: Comments should refer to DOT docket MARAD–2015–0018 at criteria given in § 388.4 of MARAD’s docket number MARAD–2015–0013. http://www.regulations.gov. Interested regulations at 46 CFR part 388. Written comments may be submitted by parties may comment on the effect this hand or by mail to the Docket Clerk, Privacy Act action may have on U.S. vessel builders U.S. Department of Transportation, or businesses in the U.S. that use U.S.- Anyone is able to search the Docket Operations, M–30, West flag vessels. If MARAD determines, in electronic form of all comments Building Ground Floor, Room W12–140, accordance with 46 U.S.C. 12121 and received into any of our dockets by the 1200 New Jersey Avenue SE., MARAD’s regulations at 46 CFR part name of the individual submitting the Washington, DC 20590. You may also 388, that the issuance of the waiver will comment (or signing the comment, if send comments electronically via the have an unduly adverse effect on a U.S.- submitted on behalf of an association, Internet at http://www.regulations.gov. vessel builder or a business that uses business, labor union, etc.). You may All comments will become part of this U.S.-flag vessels in that business, a review DOT’s complete Privacy Act docket and will be available for waiver will not be granted. Comments Statement in the Federal Register inspection and copying at the above should refer to the docket number of published on April 11, 2000 (Volume address between 10 a.m. and 5 p.m., this notice and the vessel name in order 65, Number 70; Pages 19477–78). E.T., Monday through Friday, except for MARAD to properly consider the By Order of the Maritime Administrator. federal holidays. An electronic version comments. Comments should also state of this document and all documents Dated: February 10, 2015. the commenter’s interest in the waiver entered into this docket is available on Christine Gurland, application, and address the waiver the World Wide Web at http:// Acting Secretary, Maritime Administration. criteria given in § 388.4 of MARAD’s www.regulations.gov. [FR Doc. 2015–03355 Filed 2–17–15; 8:45 am] regulations at 46 CFR part 388. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–81–P Privacy Act Linda Williams, U.S. Department of Transportation, Maritime Anyone is able to search the DEPARTMENT OF TRANSPORTATION electronic form of all comments Administration, 1200 New Jersey received into any of our dockets by the Avenue SE., Room W23–453, Maritime Administration name of the individual submitting the Washington, DC 20590. Telephone 202– [Docket No. MARAD–2015 0016] comment (or signing the comment, if 366–0903, Email Linda.Williams@ dot.gov. submitted on behalf of an association, Requested Administrative Waiver of business, labor union, etc.). You may SUPPLEMENTARY INFORMATION: As the Coastwise Trade Laws: Vessel review DOT’s complete Privacy Act described by the applicant the intended SOUTHERN PASSAGE; Invitation for Statement in the Federal Register service of the vessel ESPIRITU SANTI Public Comments published on April 11, 2000 (Volume is: 65, Number 70; Pages 19477–78). Intended Commercial Use of Vessel: AGENCY: Maritime Administration, ‘‘Private Vessel Charters, Passengers Department of Transportation. By Order of the Maritime Administrator. Only.’’ ACTION: Notice. Dated: February 10, 2015. Geographic Region: ‘‘Maine, New Christine Gurland, Hampshire, Massachusetts, Rhode SUMMARY: As authorized by 46 U.S.C. Acting Secretary, Maritime Administration. Island, Connecticut, New York, New 12121, the Secretary of Transportation, [FR Doc. 2015–03358 Filed 2–17–15; 8:45 am] Jersey, Pennsylvania, Delaware, as represented by the Maritime BILLING CODE 4910–81–P Maryland, Virginia, North Carolina, Administration (MARAD), is authorized
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to grant waivers of the U.S.-build Privacy Act FOR FURTHER INFORMATION CONTACT: requirement of the coastwise laws under Anyone is able to search the Linda Williams, U.S. Department of certain circumstances. A request for electronic form of all comments Transportation, Maritime such a waiver has been received by received into any of our dockets by the Administration, 1200 New Jersey MARAD. The vessel, and a brief name of the individual submitting the Avenue SE., Room W23–453, description of the proposed service, is comment (or signing the comment, if Washington, DC 20590. Telephone 202– listed below. submitted on behalf of an association, 366–0903, Email Linda.Williams@ DATES: Submit comments on or before business, labor union, etc.). You may dot.gov. March 20, 2015. review DOT’s complete Privacy Act SUPPLEMENTARY INFORMATION: ADDRESSES: Comments should refer to Statement in the Federal Register As docket number MARAD–2015–0016. published on April 11, 2000 (Volume described by the applicant the intended Written comments may be submitted by 65, Number 70; Pages 19477–78). service of the vessel DOUBLE TROUBLE hand or by mail to the Docket Clerk, By Order of the Maritime Administrator. II is: U.S. Department of Transportation, Dated: February 10, 2015. Intended Commercial Use Of Vessel: Docket Operations, M–30, West Christine Gurland, ‘‘Charter fishing lake Michigan.’’ Building Ground Floor, Room W12–140, Acting Secretary, Maritime Administration. Geographic Region: ‘‘Wisconsin, 1200 New Jersey Avenue SE., [FR Doc. 2015–03359 Filed 2–17–15; 8:45 am] Illinois.’’ Washington, DC 20590. You may also send comments electronically via the BILLING CODE 4910–81–P The complete application is given in Internet at http://www.regulations.gov. DOT docket MARAD–2015–0019 at All comments will become part of this DEPARTMENT OF TRANSPORTATION http://www.regulations.gov. Interested docket and will be available for parties may comment on the effect this inspection and copying at the above Maritime Administration action may have on U.S. vessel builders address between 10 a.m. and 5 p.m., or businesses in the U.S. that use U.S.- [Docket No. MARAD–2015–0019] E.T., Monday through Friday, except flag vessels. If MARAD determines, in federal holidays. An electronic version Requested Administrative Waiver of accordance with 46 U.S.C. 12121 and of this document and all documents the Coastwise Trade Laws: Vessel MARAD’s regulations at 46 CFR part entered into this docket is available on DOUBLE TROUBLE II; Invitation for 388, that the issuance of the waiver will the World Wide Web at http:// Public Comments have an unduly adverse effect on a U.S.- www.regulations.gov. vessel builder or a business that uses AGENCY: Maritime Administration, FOR FURTHER INFORMATION CONTACT: U.S.-flag vessels in that business, a Department of Transportation. Linda Williams, U.S. Department of waiver will not be granted. Comments ACTION: Notice. Transportation, Maritime should refer to the docket number of Administration, 1200 New Jersey SUMMARY: As authorized by 46 U.S.C. this notice and the vessel name in order Avenue SE., Room W23–453, 12121, the Secretary of Transportation, for MARAD to properly consider the Washington, DC 20590. Telephone 202– as represented by the Maritime comments. Comments should also state 366–0903, Email Linda.Williams@ Administration (MARAD), is authorized the commenter’s interest in the waiver dot.gov. to grant waivers of the U.S.-build application, and address the waiver SUPPLEMENTARY INFORMATION: As requirement of the coastwise laws under criteria given in § 388.4 of MARAD’s described by the applicant the intended certain circumstances. A request for regulations at 46 CFR part 388. such a waiver has been received by service of the vessel SOUTHERN Privacy Act PASSAGE is: MARAD. The vessel, and a brief Intended Commercial Use Of Vessel: description of the proposed service, is Anyone is able to search the ‘‘Day Trips and Overnight Trips’’ listed below. electronic form of all comments Geographic Region: ‘‘Florida’’ DATES: Submit comments on or before received into any of our dockets by the The complete application is given in March 20, 2015. name of the individual submitting the DOT docket MARAD–2015–0016 at ADDRESSES: Comments should refer to comment (or signing the comment, if http://www.regulations.gov. Interested docket number MARAD–2015–0019. submitted on behalf of an association, parties may comment on the effect this Written comments may be submitted by business, labor union, etc.). You may action may have on U.S. vessel builders hand or by mail to the Docket Clerk, review DOT’s complete Privacy Act or businesses in the U.S. that use U.S.- U.S. Department of Transportation, Statement in the Federal Register flag vessels. If MARAD determines, in Docket Operations, M–30, West published on April 11, 2000 (Volume accordance with 46 U.S.C. 12121 and Building Ground Floor, Room W12–140, 65, Number 70; Pages 19477–78). MARAD’s regulations at 46 CFR part 1200 New Jersey Avenue SE., 388, that the issuance of the waiver will Washington, DC 20590. You may also By Order of the Maritime Administrator. have an unduly adverse effect on a U.S.- send comments electronically via the Dated: February 10, 2015. vessel builder or a business that uses Internet at http://www.regulations.gov. Christine Gurland, U.S.-flag vessels in that business, a All comments will become part of this Acting Secretary, Maritime Administration. waiver will not be granted. Comments docket and will be available for should refer to the docket number of inspection and copying at the above [FR Doc. 2015–03362 Filed 2–17–15; 8:45 am] this notice and the vessel name in order address between 10 a.m. and 5 p.m., BILLING CODE 4910–81–P for MARAD to properly consider the E.T., Monday through Friday, except comments. Comments should also state federal holidays. An electronic version the commenter’s interest in the waiver of this document and all documents application, and address the waiver entered into this docket is available on criteria given in § 388.4 of MARAD’s the World Wide Web at http:// regulations at 46 CFR part 388. www.regulations.gov.
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DEPARTMENT OF TRANSPORTATION or businesses in the U.S. that use U.S.- hand or by mail to the Docket Clerk, flag vessels. If MARAD determines, in U.S. Department of Transportation, Maritime Administration accordance with 46 U.S.C. 12121 and Docket Operations, M–30, West [Docket No. MARAD–2015 0017] MARAD’s regulations at 46 CFR part Building Ground Floor, Room W12–140, 388, that the issuance of the waiver will 1200 New Jersey Avenue SE., Requested Administrative Waiver of have an unduly adverse effect on a U.S.- Washington, DC 20590. You may also the Coastwise Trade Laws: Vessel vessel builder or a business that uses send comments electronically via the BLACKJACK; Invitation for Public U.S.-flag vessels in that business, a Internet at http://www.regulations.gov. Comments waiver will not be granted. Comments All comments will become part of this should refer to the docket number of docket and will be available for AGENCY: Maritime Administration, this notice and the vessel name in order inspection and copying at the above Department of Transportation. for MARAD to properly consider the address between 10 a.m. and 5 p.m., ACTION: Notice. comments. Comments should also state E.T., Monday through Friday, except the commenter’s interest in the waiver federal holidays. An electronic version SUMMARY: As authorized by 46 U.S.C. application, and address the waiver of this document and all documents 12121, the Secretary of Transportation, criteria given in § 388.4 of MARAD’s entered into this docket is available on as represented by the Maritime regulations at 46 CFR part 388. the World Wide Web at http:// Administration (MARAD), is authorized www.regulations.gov. to grant waivers of the U.S.-build Privacy Act FOR FURTHER INFORMATION CONTACT: requirement of the coastwise laws under Anyone is able to search the Linda Williams, U.S. Department of certain circumstances. A request for electronic form of all comments Transportation, Maritime such a waiver has been received by received into any of our dockets by the Administration, 1200 New Jersey MARAD. The vessel, and a brief name of the individual submitting the Avenue SE., Room W23–453, description of the proposed service, is comment (or signing the comment, if Washington, DC 20590. Telephone 202– listed below. submitted on behalf of an association, 366–0903, Email Linda.Williams@ DATES: Submit comments on or before business, labor union, etc.). You may dot.gov. March 20, 2015. review DOT’s complete Privacy Act ADDRESSES: Comments should refer to Statement in the Federal Register SUPPLEMENTARY INFORMATION: As docket number MARAD–2015–0017. published on April 11, 2000 (Volume described by the applicant the intended Written comments may be submitted by 65, Number 70; Pages 19477–78). service of the vessel PACIFIC hand or by mail to the Docket Clerk, THUNDER is: By Order of the Maritime Administrator U.S. Department of Transportation, Intended Commercial Use of Vessel: Docket Operations, M–30, West Dated: February 10, 2015. ‘‘Sportfishing charters, harbor cruises, Building Ground Floor, Room W12–140, Christine Gurland, weddings and funerals at sea, floating 1200 New Jersey Avenue SE., Acting Secretary, Maritime Administration. hotel room. Primary use would be ‘‘six- Washington, DC 20590. You may also [FR Doc. 2015–03351 Filed 2–17–15; 8:45 am] pack’’ fishing charters.’’ send comments electronically via the BILLING CODE 4910–81–P Geographic Region: ‘‘California.’’ Internet at http://www.regulations.gov. The complete application is given in All comments will become part of this DOT docket MARAD–2015–0015 at docket and will be available for DEPARTMENT OF TRANSPORTATION http://www.regulations.gov. Interested inspection and copying at the above parties may comment on the effect this Maritime Administration address between 10 a.m. and 5 p.m., action may have on U.S. vessel builders E.T., Monday through Friday, except [Docket No. MARAD–2015 0015] or businesses in the U.S. that use U.S.- federal holidays. An electronic version flag vessels. If MARAD determines, in of this document and all documents Requested Administrative Waiver of accordance with 46 U.S.C. 12121 and entered into this docket is available on the Coastwise Trade Laws: Vessel MARAD’s regulations at 46 CFR part the World Wide Web at http:// PACIFIC THUNDER; Invitation for 388, that the issuance of the waiver will www.regulations.gov. Public Comments have an unduly adverse effect on a U.S.- vessel builder or a business that uses FOR FURTHER INFORMATION CONTACT: AGENCY: Maritime Administration, U.S.-flag vessels in that business, a Linda Williams, U.S. Department of Department of Transportation. waiver will not be granted. Comments Transportation, Maritime ACTION: Notice. should refer to the docket number of Administration, 1200 New Jersey this notice and the vessel name in order SUMMARY: As authorized by 46 U.S.C. Avenue SE., Room W23–453, for MARAD to properly consider the 12121, the Secretary of Transportation, Washington, DC 20590. Telephone 202– comments. Comments should also state as represented by the Maritime 366–0903, Email Linda.Williams@ the commenter’s interest in the waiver Administration (MARAD), is authorized dot.gov. application, and address the waiver to grant waivers of the U.S.-build SUPPLEMENTARY INFORMATION: As criteria given in § 388.4 of MARAD’s requirement of the coastwise laws under described by the applicant the intended regulations at 46 CFR part 388. certain circumstances. A request for service of the vessel BLACKJACK is: Intended Commercial Use Of Vessel: such a waiver has been received by Privacy Act ‘‘Intend to use vessel as a six-pack MARAD. The vessel, and a brief Anyone is able to search the charter boat’’ description of the proposed service, is electronic form of all comments Geographic Region: ‘‘California’’. listed below. received into any of our dockets by the The complete application is given in DATES: Submit comments on or before name of the individual submitting the DOT docket MARAD–2015–0017 at March 20, 2015. comment (or signing the comment, if http://www.regulations.gov. Interested ADDRESSES: Comments should refer to submitted on behalf of an association, parties may comment on the effect this docket number MARAD–2015–0015. business, labor union, etc.). You may action may have on U.S. vessel builders Written comments may be submitted by review DOT’s complete Privacy Act
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Statement in the Federal Register Act, 5 U.S.C. app. 2; Federal Advisory 60 days on the implementation of the published on April 11, 2000 (Volume Committee Management regulations, 41 proposed Market Risk Regulatory Report 65, Number 70; Pages 19477–78). CFR 102–3; RETAC’s charter; and Board for Institutions Subject to the Market By Order of the Maritime Administrator. procedures. Further communications Risk Capital Rule (FFIEC 102). The Dated: February 10, 2015. about this meeting may be announced proposed reporting requirements reflect through the Board’s Web site at the revised regulatory capital rules Christine Gurland, WWW.STB.DOT.GOV. adopted by the agencies in July 2013 Acting Secretary, Maritime Administration. Written Comments: Members of the (revised regulatory capital rules) and [FR Doc. 2015–03361 Filed 2–17–15; 8:45 am] public may submit written comments to would collect key information from BILLING CODE 4910–81–P RETAC at any time. Comments should respondents on how they measure and be addressed to RETAC, c/o Michael calculate market risk under the Higgins, Surface Transportation Board, agencies’ revised regulatory capital DEPARTMENT OF TRANSPORTATION 395 E Street SW., Washington, DC rules. The FFIEC and the agencies will Surface Transportation Board 20423–0001 or Michael.Higgins@ proceed with the implementation of the stb.dot.gov. FFIEC 102 reporting requirements [STB Docket No. EP 670 (Sub-No. 1)] This action will not significantly substantially as proposed, with certain affect either the quality of the human clarifications pertaining to the Notice of Rail Energy Transportation environment or the conservation of comprehensive risk capital requirement Advisory Committee Meeting energy resources. to address a comment received on the AGENCY: Surface Transportation Board, Authority: 49 U.S.C. 721, 49 U.S.C. 11101; proposed new regulatory report. The DOT. 49 U.S.C. 11121. proposed FFIEC 102 reporting requirements would take effect as of ACTION: Notice of Rail Energy Decided: February 12, 2015. Transportation Advisory Committee March 31, 2015, for institutions subject By the Board, Rachel D. Campbell, to the market risk capital rule as meeting. Director, Office of Proceedings. incorporated into Subpart F of the SUMMARY: Notice is hereby given of a Jeffrey Herzig, revised regulatory capital rules (market meeting of the Rail Energy Clearance Clerk. risk capital rule). Transportation Advisory Committee [FR Doc. 2015–03310 Filed 2–17–15; 8:45 am] DATES: Comments must be submitted on (RETAC), pursuant to the Federal BILLING CODE 4915–01–P or before March 20, 2015. Advisory Committee Act (FACA), 5 ADDRESSES: Interested parties are U.S.C. app. 2 section 10(a)(2). invited to submit written comments to DATES: The meeting will be held on DEPARTMENT OF THE TREASURY any or all of the agencies. All comments Thursday, March 5, 2015, at 9:00 a.m., will be shared among the agencies. Office of the Comptroller of the E.S.T. OCC: Commenters are encouraged to Currency ADDRESSES: The meeting will be held in submit comments by email. Please use the Hearing Room on the first floor of the title ‘‘FFIEC 102’’ to facilitate the FEDERAL RESERVE SYSTEM the Board’s headquarters at 395 E Street organization and distribution of the SW., Washington, DC 20423. comments. You may submit comments FEDERAL DEPOSIT INSURANCE FOR FURTHER INFORMATION CONTACT: by any of the following methods: CORPORATION Michael Higgins (202) 245–0284; • Email: regs.comments@ [email protected]. Agency Information Collection occ.treas.gov. [Assistance for the hearing impaired is • Activities: Submission for OMB Mail: Legislative and Regulatory available through the Federal Review; Joint Comment Request Activities Division, Office of the Information Relay Service (FIRS) at: Comptroller of the Currency, 400 7th (800) 877–8339]. AGENCY: Office of the Comptroller of the Street SW., Suite 3E–218, Mail Stop SUPPLEMENTARY INFORMATION: RETAC Currency (OCC), Treasury; Board of 9W–11, Washington, DC 20219. was formed in 2007 to provide advice Governors of the Federal Reserve • Hand Delivery/Courier: 400 7th and guidance to the Board, and to serve System (Board); and Federal Deposit Street SW., Suite 3E–218, Mail Stop as a forum for discussion of emerging Insurance Corporation (FDIC). 9W–11, Washington, DC 20219. • issues related to the transportation of ACTION: Notice of information Fax: (571) 465–4326. energy resources by rail, including coal, collections to be submitted to the Office Instructions: You must include ethanol, and other biofuels. The purpose of Management and Budget (OMB) for ‘‘OCC’’ as the agency name and ‘‘FFIEC of this meeting is to continue review and approval under the 102’’ in your comment. In general, OCC discussions regarding issues such as rail Paperwork Reduction Act of 1995. will enter all comments received into performance, capacity constraints, the docket and publish them on the infrastructure planning and SUMMARY: In accordance with the Regulations.gov Web site without development, and effective coordination requirements of the Paperwork change, including any business or among suppliers, carriers, and users of Reduction Act (PRA) of 1995 (44 U.S.C. personal information that you provide energy resources. Potential agenda items chapter 35), the OCC, the Board, and the such as name and address information, for this meeting include introduction of FDIC (the agencies) may not conduct or email addresses, or phone numbers. new members, a performance measures sponsor, and the respondent is not Comments received, including review, industry segment updates by required to respond to, an information attachments and other supporting RETAC members, a presentation on the collection unless it displays a currently materials, are part of the public record outlook for U.S. petroleum production, valid OMB control number. On and subject to public disclosure. Do not and a roundtable discussion. September 2, 2014, the agencies, under enclose any information in your The meeting, which is open to the the auspices of the Federal Financial comment or supporting materials that public, will be conducted in accordance Institutions Examination Council you consider confidential or with the Federal Advisory Committee (FFIEC), requested public comment for inappropriate for public disclosure.
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You may personally inspect and (located on F Street) on business days Estimated Time per Response: 12 photocopy comments at the OCC, 400 between 7:00 a.m. and 5:00 p.m. burden hours per quarter to file. 7th Street SW., Washington, DC 20219. Public Inspection: All comments Estimated Total Annual Burden: 624 For security reasons, the OCC requires received will be posted without change burden hours to file. that visitors make an appointment to to http://www.fdic.gov/regulations/laws/ Board inspect comments. You may do so by federal/ including any personal calling (202) 649–6700. Upon arrival, information provided. Paper copies of OMB Number: 7100–NEW. visitors will be required to present valid public comments may be requested from Estimated Number of Respondents: 27 government-issued photo identification the FDIC Public Information Center by state member banks, bank holding and to submit to security screening in telephone at (877) 275–3342 or (703) companies, and savings and loan order to inspect and photocopy 562–2200. holding companies. comments. Additionally, commenters may send a Estimated Time per Response: 12 Board: You may submit comments, copy of their comments to the OMB burden hours per quarter to file. Estimated Total Annual Burden: which should refer to ‘‘FFIEC 102’’ by desk officer for the agencies by mail to 1,296 burden hours to file. any of the following methods: the Office of Information and Regulatory • Agency Web site: http:// Affairs, U.S. Office of Management and FDIC www.federalreserve.gov. Follow the Budget, New Executive Office Building, OMB Number: 3064–NEW. instructions for submitting comments at: Room 10235, 725 17th Street NW., Estimated Number of Respondents: 1 http://www.federalreserve.gov/ Washington, DC 20503; by fax to (202) _ insured state nonmember bank and state generalinfo/foia/ProposedRegs.cfm. 395–6974; or by email to oira savings association. • Federal eRulemaking Portal: http:// [email protected]. Estimated Time per Response: 12 www.regulations.gov. Follow the FOR FURTHER INFORMATION CONTACT: For burden hours per quarter to file. instructions for submitting comments. further information about the proposed Estimated Total Annual Burden: 48 • Email: regs.comments@ market risk regulatory reporting burden hours to file. federalreserve.gov. Include reporting requirements discussed in this notice, General Description of Reports form number in the subject line of the please contact any of the agency message. clearance officers whose names appear The information collections would be • Fax: (202) 452–3819 or (202) 452– below. In addition, copies of the mandatory for market risk institutions, 3102. proposed FFIEC 102 reporting forms defined for this purpose as those • Mail: Robert DeV. Frierson, and instructions are available on the institutions that are subject to the Secretary, Board of Governors of the FFIEC’s Web site (http://www.ffiec.gov/ market risk capital rule as incorporated Federal Reserve System, 20th Street and ffiec_report_forms.htm). into Subpart F of the revised regulatory Constitution Avenue NW., Washington, OCC: Mary H. Gottlieb, OCC capital rules (market risk institutions).1 DC 20551. Clearance Officer, (202) 649–5490, for All data reported in the FFIEC 102 All public comments will be made persons who are deaf or hard of hearing, would be available to the public. available on the Board’s Web site at TTY, (202) 649–5597, Legislative and Abstract http://www.federalreserve.gov/apps/ Regulatory Activities Division, Office of foia/proposedregs.aspx as submitted, the Comptroller of the Currency, 400 7th Each market risk institution would be unless modified for technical reasons. Street SW., Washington, DC 20219. required to file the FFIEC 102 for the Accordingly, your comments will not be Board: John Schmidt, Federal Reserve agencies’ use in assessing the edited to remove any identifying or Board Clearance Officer, (202) 728– reasonableness and accuracy of the contact information. Public comments 5859, Office of the Chief Data Officer, institution’s calculation of its minimum may also be viewed electronically or in Board of Governors of the Federal capital requirements under the market paper form in Room 3515, 1801 K Street Reserve System, 20th and C Streets risk capital rule and in evaluating the (between 18th and 19th Streets NW.) NW., Washington, DC 20551. institution’s capital in relation to its Washington, DC 20006 between 9:00 Telecommunications Device for the Deaf risks. Additionally, the market risk a.m. and 5:00 p.m. on weekdays. (TDD) users may call (202) 263–4869. information collected in the FFIEC 102 FDIC: You may submit comments, FDIC: Gary A. Kuiper, Counsel, (202) would: (a) Permit the agencies to which should refer to ‘‘FFIEC 102,’’ by 898–3877, and John Popeo, Counsel, monitor the market risk profile of and any of the following methods: (202) 898–6923, Legal Division, Federal evaluate the impact and competitive • Agency Web site: http:// Deposit Insurance Corporation, 550 17th implications of the market risk capital www.fdic.gov/regulations/laws/federal/. Street NW., Washington, DC 20429. rule on individual market risk institutions and the industry as a whole; Follow the instructions for submitting SUPPLEMENTARY INFORMATION: The (b) provide the most current statistical comments on the FDIC Web site. agencies are proposing to implement the data available to identify areas of market • Federal eRulemaking Portal: http:// following new information collection: risk on which to focus for onsite and www.regulations.gov. Follow the Report Title: Market Risk Regulatory instructions for submitting comments. Report for Institutions Subject to the 1 • Email: [email protected]. See 12 CFR 3.201 (OCC); 12 CFR 217.201 Market Risk Capital Rule. (Board); and 12 CFR 324.201 (FDIC). The market Include ‘‘FFIEC 102’’ in the subject line Form Number: FFIEC 102. risk capital rule generally applies to any banking of the message. Frequency of Response: Quarterly. institution with aggregate trading assets and trading • Mail: Gary A. Kuiper, Counsel, Affected Public: Business or other for- liabilities equal to (a) 10 percent or more of quarter- Attn: Comments, Room NYA–5046, end total assets or (b) $1 billion or more. The profit. statutory provisions that grant the agencies the Federal Deposit Insurance Corporation, OCC authority to impose capital requirements are 12 550 17th Street NW., Washington, DC U.S.C. 161 (national banks), 12 U.S.C. 324 (state 20429. OMB Number: 1557–NEW. member banks), 12 U.S.C. 1844(c) (bank holding • companies (BHCs)), 12 U.S.C. 1467a(b) (savings and Hand Delivery: Comments may be Estimated Number of Respondents: 13 loan holding companies (SLHCs)), 12 U.S.C. 1817 hand delivered to the guard station at national banks and federal savings (insured state nonmember commercial and savings the rear of the 550 17th Street Building associations. banks), and 12 U.S.C. 1464 (savings associations).
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offsite examinations; (c) allow the include the key components of the Y–9C reports, as applicable. Market risk agencies to assess and monitor the measurement of market risk. The institutions would begin reporting levels and components of each reporting agencies are proposing the expanded effective with the March 31, 2015, institution’s risk-based capital uniform regulatory reporting report date. requirements for market risk and the requirements described in this notice in IV. Overview of the Proposed adequacy of the institution’s capital order to assess the reasonableness and Information Collections under the market risk capital rule; and accuracy of a market risk institution’s (d) assist market risk institutions to calculation of its minimum capital The proposed FFIEC 102 shows the implement and validate the market risk requirements under the market risk data elements within the market risk framework. capital rule and to evaluate a market exposure class that would be reported risk institution’s capital in relation to its under the market risk capital rule. The Current Actions risks. Importantly, the FFIEC 102 would data submitted in the FFIEC 102 would I. Summary allow the agencies to better track growth be shared among the three agencies and The agencies previously requested in more credit-risk related, less liquid, made available to the public. public comment on the proposed new and less actively traded products subject The proposed FFIEC 102 is to the market risk capital rule. Market Risk Regulatory Report for subdivided into several sections and Historically, the risks of these products Institutions Subject to the Market Risk memoranda. The sum of the data have been difficult to capture and Capital Rule.2 The agencies received reported in each of the sections would measure. These reports are designed to one comment on these proposed be used to calculate a market risk help the agencies in ensuring that these collections. The agencies are submitting institution’s risk-weighted assets risks are adequately identified and their the collections for OMB approval with (RWAs) for market risk. The first section impact appropriately reflected in clarifying treatment made in response to contains data elements relating to a assessments of the safety and soundness the comment received. market risk institution’s approved of market risk institutions. regulatory market risk models, II. Risk-Based Capital Standards—The In this regard, the reported data including details of value-at-risk (VaR)- Market Risk Framework and Regulatory would improve the agencies’ ability to based measures (for the previous day’s Reporting Requirements monitor the levels of, and trends in, the VaR measure and the average over the components that comprise the market In July 2013, the agencies adopted preceding 60 business days). The risk measure under the market risk amendments to their capital rules, second section is similar in structure to capital rule within and across market including the market risk capital rule.3 the first section except that it includes risk institutions. Such component The revised market risk capital rule took information on a market risk reporting would allow supervisors to effect on January 1, 2015, and contains institution’s stressed VaR-based better understand on an ongoing basis requirements for the public disclosure measures. The third section contains model-implied diversification benefits of certain information at the data elements relating to specific risk for individual market risk institutions. consolidated banking organization level add-ons based on a market risk The data would also enhance the as well as certain additional regulatory institution’s debt, equity and non- agencies’ ability to perform institution- modeled securitization positions. reporting by insured depository to-institution comparisons of the drivers institutions (IDIs), BHCs, and SLHCs Securitization positions would be underlying market risk institutions’ broken out for all market risk (BHCs and SLHCs are collectively measures for market risk, identify referred to as ‘‘holding companies’’ institutions and for advanced potential outliers through market risk approaches institutions 7 that are also (HCs)). institution-to-peer comparisons, track Those IDIs and HCs that were subject market risk institutions, resulting in the these drivers over time relative to trends to the agencies’ prior market risk capital separate reporting of a standardized in other risk indicators at market risk rule 4 have provided the amount of their measure and an advanced measure for institutions, and focus onsite specific risk. The fourth section sets market risk equivalent assets in reports, examination efforts. such as the Consolidated Reports of forth the data for the incremental risk Condition and Income (Call Report) III. Scope and Frequency of Regulatory capital requirement. The fifth section (FFIEC 031 or FFIEC 041) 5 or the Reporting contains data on the comprehensive risk Consolidated Financial Statements for The proposed FFIEC 102 regulatory capital measurement including the Holding Companies (FR Y–9C),6 as reporting requirements would apply on specific risk add-ons for net long and applicable. These regulatory reporting a consolidated basis to each HC and net short correlation trading positions requirements reveal the end result of the each IDI that is required to calculate its used in determining a market risk market risk calculations but do not risk-based capital using the market risk institution’s standardized capital rule. Reporting HCs and IDIs comprehensive risk measure, and as 2 79 FR 52108 (September 2, 2014). would submit reports quarterly in line applicable, its advanced comprehensive 3 The agencies approved and issued the revised with efforts to monitor market risk risk measure. The remaining section regulatory capital rules in July 2013. The Board and institutions’ progress toward, and contains data elements for de minimis the OCC published the revised regulatory capital positions. Data elements from these rules in the Federal Register on October 11, 2013. actions under, the market risk capital See 78 FR 62018. The FDIC published a revised rule, which requires regular and sections combine to produce regulatory capital interim final rule and a final rule consistent reports from all market risk standardized market RWAs, and as with no substantive changes in the Federal Register applicable, advanced approaches market on September 10, 2013, and April 14, 2014, institutions. respectively. See 78 FR 55340 and 79 FR 20754. The data would be collected on a RWAs. 4 See the agencies’ prior market risk capital rule quarterly basis as of the last calendar The agencies received one comment at 12 CFR part 3, appendix B (OCC); 12 CFR parts day of March, June, September, and requesting clarification of the 208 and 225, appendix E (Board); and 12 CFR part December. The report due dates would 325, appendix C (FDIC). 7 Advanced approaches institutions are 5 OMB Numbers: OCC, 1557–0081; Board, 7100– coincide with the report due dates institutions subject to the advanced measurement 0036; and FDIC, 3064–0052. currently required of IDIs and HCs when approaches as incorporated into Subpart E of the 6 OMB Number: Board, 7100–0128. filing their respective Call Reports or FR revised regulatory capital rules.
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calculation of items pertaining to the not be required to estimate such benefits Dated: February 6, 2015. comprehensive risk capital requirement. for purposes of reporting on the FFIEC Stuart Feldstein, The agencies have updated the relevant 102. Director, Legislative and Regulatory Activities items on the reporting form and Division, Office of the Comptroller of the instructions to align with the V. Electronic Submission of Reports Currency. calculation methodology for the Consistent with the requirements for Board of Governors of the Federal Reserve comprehensive risk capital requirement System, February 10, 2015. 8 the agencies’ reports that collect data in the market risk capital rule. under the current regulatory capital Robert deV. Frierson, The proposed reporting form also has reporting requirements,9 market risk Secretary of the Board. a Memoranda section that is comprised institutions subject to the proposed Dated at Washington, DC, this 6th day of of 22 line items. Because these line reporting requirements would be February, 2015. items do not directly contribute to the required to submit the FFIEC 102 in an Federal Deposit Insurance Corporation. determination of market RWAs, they Robert E. Feldman, would be reported in the separate electronic format using file Memoranda section. The agencies specifications and formats to be Executive Secretary. believe that these items will provide determined by the agencies. [FR Doc. 2015–03265 Filed 2–17–15; 8:45 am] additional insight into the risk profile of VI. Request for Comment BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P a market risk institution’s trading activity. For example, the first twelve Public comment is requested on all lines of the Memoranda section will aspects of this joint notice. In particular, FEDERAL RETIREMENT THRIFT contribute to the agencies’ do market risk institutions expect that INVESTMENT BOARD understanding of the degree to which making any specific line items on the Sunshine Act; Notice of Meeting diversification effects across the proposed FFIEC 102 public would cause principal market risk drivers are them competitive or other harm? If so, TIME AND DATE: 10:00 a.m. February 23, material. please identify the specific line items 2015 (Telephonic). In developing this proposal, the and describe in detail the nature of the PLACE: agencies considered several tradeoffs harm. 10th Floor Board Meeting Room, 77 K Street, NE., Washington, DC 20002. between the reporting burden on market Additionally, comments are invited STATUS: Open to the public. risk institutions and the information on: needs of bank supervisors. One issue MATTERS TO BE CONSIDERED: that the agencies identified was that (a) Whether the collections of Open to the Public market risk institutions have exposures information that are the subject of this in certain products that might fit into notice are necessary for the proper 1. Approval of the Minutes of the more than one of the specified risk performance of the agencies’ functions, January 26, 2015 Board Member categories (e.g., interest rate, equity, including whether the information has Meeting foreign exchange, commodities, and practical utility; 2. Monthly Reports credit). For example, convertible (b) The accuracy of the agencies’ a. Monthly Participant Activity Report securities will mostly be subject to estimates of the burden of the b. Monthly Investment Policy Report interest rate risk unless their value information collections as they are c. Legislative Report converges with that of the underlying proposed to be revised, including the 3. Internal Audit Plan equity. Similarly, foreign exchange validity of the methodology and CONTACT PERSON FOR MORE INFORMATION: swaps are primarily interest rate assumptions used; Kimberly Weaver, Director, Office of positions, but it is possible that a market (c) Ways to enhance the quality, External Affairs, (202) 942–1640. risk institution might classify some as utility, and clarity of the information to Dated: February 13, 2015. subject to foreign exchange risk. be collected; Megan Grumbine, Accordingly, for purposes of reporting the VaR- or stressed VaR-based (d) Ways to minimize the burden of Deputy General Counsel, Federal Retirement Thrift Investment Board. measures on the FFIEC 102, market risk information collections on respondents, institutions may classify their exposures including through the use of automated [FR Doc. 2015–03424 Filed 2–13–15; 11:15 am] in the same risk categories in which collection techniques or other forms of BILLING CODE 6720–01–P they are reported internally. Similarly, information technology; and for purposes of reporting on the (e) Estimates of capital or start-up proposed FFIEC 102, the agencies have costs and costs of operation, DEPARTMENT OF VETERANS proposed to define diversification maintenance, and purchase of services AFFAIRS benefit as any adjustment to VaR- or to provide the information. [OMB Control No. 2900–0321] stressed VaR-based measures that a Comments submitted in response to market risk institution makes to reflect this joint notice will be shared among Proposed Information Collection the absence of a perfect statistical the agencies. All comments will become (Appointment of Veterans Service correlation between the values of the a matter of public record. Organization/or Individuals as underlying positions. The agencies also Claimant’s Representative) Activity: recognize that some market risk 9 Consolidated Reports of Condition and Income Comment Request institutions may not adjust for for a Bank with Domestic and Foreign Offices AGENCY: diversification benefits in their VaR- or (FFIEC 031), Consolidated Reports of Condition and Veterans Benefits stressed VaR-based estimates, and in Income for a Bank with Domestic Offices Only Administration, Department of Veterans (FFIEC 041), Consolidated Financial Statements for Affairs. that case a market risk institution would Holding Companies (FR Y–9C), and Regulatory Capital Reporting for Institutions Subject to the ACTION: Notice. 8 See 12 CFR part 3, subpart F (OCC); 12 CFR part Advanced Capital Adequacy Framework (FFIEC 217 subpart F (Board); and 12 CFR part 324, subpart 101) (OMB Numbers: OCC, 1557–0239; Board, SUMMARY: The Veterans Benefits F (FDIC). 7100–0319; and FDIC, 3064–0159). Administration (VBA), Department of
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Veterans Affairs (VA), is announcing an b. Appointment of Individual as collection of information should be opportunity for public comment on the Claimant’s Representative, VA Form 21– received on or before April 20, 2015. proposed collection of certain 22a. ADDRESSES: Submit written comments information by the agency. Under the OMB Control Number: 2900–0321. on the collection of information through Paperwork Reduction Act (PRA) of Type of Review: Revision of a Federal Docket Management System 1995, Federal agencies are required to currently approved collection. (FDMS) at www.Regulations.gov or to publish notice in the Federal Register Abstract: Claimants complete VA Sue Hamlin, Board of Veterans’ Appeals concerning each proposed collection of Forms 21–22 and 21–22a to appoint a (01C2), Department of Veterans Affairs, information, including each proposed veterans service organization or an 810 Vermont Avenue NW., Washington, revision of currently approved individual to assist in the preparation, DC 20420 or email [email protected]. collection, and allow 60 days for public representation, and prosecution of Please refer to ‘‘OMB Control No. 2900– comment in response to the notice. This claims for VA benefits and to authorize 0674’’ in any correspondence. During notice solicits comments for information VA to disclose any or all records to the the comment period, comments may be needed to determine whether claimant appointed representative. viewed online through FDMS. Affected Public: Individuals or appointed a veterans service FOR FURTHER INFORMATION CONTACT: Sue organization or an individual to households. Estimated Annual Burden: Hamlin at (202) 632–5100 or fax (202) prosecute their VA claims. a. VA Form 21–22—27,083 hours. 632–5841. DATES: Written comments and b. VA Form 21–22a—533 hours. SUPPLEMENTARY INFORMATION: Under the recommendations on the proposed Estimated Average Burden per PRA of 1995 (Pub. L. 104–13; 44 U.S.C. collection of information should be Respondent: 5 minutes. 3501–3521), Federal agencies must received on or before April 20, 2015. Frequency of Response: One-time. obtain approval from the Office of ADDRESSES: Submit written comments Estimated Number of Respondents: Management and Budget (OMB) for each on the collection of information through a. VA Form 21–22—325,000. collection of information they conduct Federal Docket Management System b. VA Form 251–22a—6,400. or sponsor. This request for comment is (FDMS) at www.Regulations.gov or to Dated: February 12, 2015. being made pursuant to Section Nancy J. Kessinger, Veterans Benefits By direction of the Secretary. 3506(c)(2)(A) of the PRA. Administration (20M33), Department of Crystal Rennie, With respect to the following Veterans Affairs, 810 Vermont Avenue Department Clearance Officer, Department of collection of information, BVA invites NW., Washington, DC 20420 or email to Veterans Affairs. comments on: (1) Whether the proposed [email protected]. Please refer to [FR Doc. 2015–03248 Filed 2–17–15; 8:45 am] collection of information is necessary for the proper performance of BVA’s ‘‘OMB Control No. 2900–0321’’ in any BILLING CODE 8320–01–P correspondence. During the comment functions, including whether the period, comments may be viewed online information will have practical utility; through FDMS. (2) the accuracy of BVA’s estimate of the DEPARTMENT OF VETERANS burden of the proposed collection of FOR FURTHER INFORMATION CONTACT: AFFAIRS Nancy J. Kessinger at (202) 632–8924 or information; (3) ways to enhance the FAX (202) 632–8925. [OMB Control No. 2900–0674] quality, utility, and clarity of the information to be collected; and (4) SUPPLEMENTARY INFORMATION: Under the Proposed Information Collection ways to minimize the burden of the PRA of 1995 (Pub. L. 104–13; 44 U.S.C. (Clarification of a Notice of collection of information on 3501—3521), Federal agencies must Disagreement) Activity Comment respondents, including through the use obtain approval from the Office of Request of automated collection techniques or Management and Budget (OMB) for each the use of other forms of information collection of information they conduct AGENCY: Board of Veterans’ Appeals, Department of Veterans Affairs. technology. or sponsor. This request for comment is Title: Clarification of Notice of ACTION: being made pursuant to Section Notice. Disagreement. 3506(c)(2)(A) of the PRA. SUMMARY: The Board of Veterans’ OMB Control Number: 2900–0674. With respect to the following Type of Review: Revision of a collection of information, VBA invites Appeals (BVA), Department of Veterans Affairs (VA), is announcing an currently approved collection. comments on: (1) Whether the proposed Abstract: A Notice of Disagreement collection of information is necessary opportunity for public comment on the proposed collection of certain (NOD) is a written communication from for the proper performance of VBA’s a claimant or his or her representative functions, including whether the information by the agency. Under the Paperwork Reduction Act (PRA) of to express disagreement or information will have practical utility; dissatisfaction with the result of an (2) the accuracy of VBA’s estimate of the 1995, Federal agencies are required to publish notice in the Federal Register adjudicative determination by the burden of the proposed collection of agency of original jurisdiction (AOJ). information; (3) ways to enhance the concerning each proposed collection of information, including each proposed The data collected will be used by the quality, utility, and clarity of the AOJ to reexamine the issues in dispute information to be collected; and (4) revision of a currently approved collection, and allow 60 days for public and to determine if additional review or ways to minimize the burden of the comment in response to the notice. This development is warranted. collection of information on notice solicits comments on the Affected Public: Individuals or respondents, including through the use information needed to clarify actions households. of automated collection techniques or taken by the agency of original Estimated Total Annual Burden: the use of other forms of information jurisdiction regarding a claimant’s 122,487. technology. Estimated Average Burden per disagreement with his or her rating Titles: Respondent: 1 hour. a. Appointment of Veterans Service decision. Frequency of Response: On occasion. Organization as Claimant’s DATES: Written comments and Estimated Total Number of Representative, VA Form 21–22. recommendations on the proposed Respondents: 122,487.
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Dated: February 12, 2015. holidays). Call (202) 461–4902 for an Advisory Committee Act, 5 U.S.C. App. By direction of the Secretary. appointment (this is not a toll-free 2, that the Veterans’ Advisory Crystal Rennie, number). In addition, during the Committee on Education will meet on Department Clearance Officer, Department of comment period, comments may be March 18–19, 2015, at the JW Marriot Veterans Affairs. viewed online through the Federal Washington, DC, located at 1331 [FR Doc. 2015–03249 Filed 2–17–15; 8:45 am] Docket Management System at http:// Pennsylvania Avenue NW., Washington, BILLING CODE 8320–01–P www.regulations.gov. DC 20004, from 8:00 a.m. to 5:00 p.m. FOR FURTHER INFORMATION CONTACT: Dr. on both days. The meeting is open to the Lee A. Sylvers, Technology Transfer public. DEPARTMENT OF VETERANS Specialist, Office of Research and The purpose of the Committee is to AFFAIRS Development (1 OP9TT), Department of advise the Secretary of Veterans Affairs Notice of Intent To Grant an Exclusive Veterans Affairs, 810 Vermont Avenue on the administration of education and License NW., Washington, DC 20420, (202) 443– training programs for Veterans, 5646 (this is not a toll-free number). Servicepersons, Reservists, and AGENCY: Office of Research and SUPPLEMENTARY INFORMATION: It is in the Dependents of Veterans under Chapters Development, Department of Veterans public interest to so license these 30, 32, 33, 35, and 36 of title 38, and Affairs. inventions, as LAD. Global Enterprises, Chapter 1606 of title 10, United States ACTION: Notice of intent. Inc. submitted a complete and sufficient Code. SUMMARY: Notice is hereby given that application for a license. The The purpose of the meeting is to assist the Department of Veterans Affairs, prospective exclusive license will be in the evaluation of existing GI Bill Office of Research and Development, royalty-bearing and will comply with programs and services; review recent intends to grant to L.A.D. Global the terms and conditions of 35 U.S.C. legislative and administrative changes Enterprises, Inc., 1309 S. Fountain 209 and 37 CFR 404.7 to GI Bill benefits; and submit their Drive, Olathe, KS 66061, USA, an Signing Authority recommendations to the Secretary. exclusive license to practice the The Secretary of Veterans Affairs, or On March 18th, the Committee will following: U.S. Patent Application receive presentations about the Serial No. 13/593,456 (‘‘UNIVERSAL designee, approved this document and administration of VA’s education and STERILE DRAPE AND SUPPORT authorized the undersigned to sign and training programs. Oral statements will SYSTEM FOR INOPERATING–ROOM submit the document to the Office of the be heard from 3:45 p.m. to 4:30 p.m. SAFE PATIENT HANDLING Federal Register for publication EQUIPMENT’’), filed 23 August 2012, electronically as an official document of On March 19th, the Committee will which claimed the priority of U.S. the Department of Veterans Affairs. Jose review and summarize issues raised Provisional Patent Application Serial D. Riojas, Chief of Staff, approved this throughout the meeting and discuss No. 61/526,993, filed 24 August 2011. document on February 6, 2015, for committee work groups and next steps. publication. Copies of the published patent The public may submit written applications may be obtained from the Dated: February 12, 2015. statements for the Committee’s review U.S. Patent and Trademark Office at William F. Russo, to Mr. Barrett Y. Bogue, Designated www.uspto.gov. Acting Director, Office of Regulation Policy Federal Officer, Department of Veterans DATES: Comments must be received by & Management, Office of the General Counsel, Affairs, Veterans Benefits VA on or before March 5, 2015. Department of Veterans Affairs. Administration (223D), 810 Vermont ADDRESSES: Written comments may be [FR Doc. 2015–03274 Filed 2–17–15; 8:45 am] Avenue NW., Washington, DC 20420, submitted through www.regulations.gov; BILLING CODE 8320–01–P via or email at [email protected]. by mail or hand-delivery to the Director, Any member of the public wishing to Regulations Management (02REG), attend the meeting or seeking additional Department of Veterans Affairs, 810 DEPARTMENT OF VETERANS information should contact Mr. Bogue at Vermont Avenue NW., Room 1068, AFFAIRS (202) 461–9800. Washington, DC 20420; or by fax to Veterans’ Advisory Committee on Dated: February 12, 2015. (202) 273–9026. Copies of comments Education received will be available for public Jelessa Burney, Federal Advisory Committee Management inspection in the Office of Regulation Notice of Meeting Policy and Management, Room 10638, Officer. between the hours of 8:00 a.m. and 4:30 The Department of Veterans Affairs [FR Doc. 2015–03243 Filed 2–17–15; 8:45 am] p.m., Monday through Friday (except (VA) gives notice under the Federal BILLING CODE 8320–01–P
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Reader Aids Federal Register Vol. 80, No. 32 Wednesday, February 18, 2015
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY
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. 225...... 5694 Presidential Documents 3 CFR 238...... 5694 Executive orders and proclamations 741–6000 Proclamations: Ch. III ...... 7980 The United States Government Manual 741–6000 9229...... 6419 1005...... 6468 9230...... 6421 Other Services 1026...... 6468, 7770 9231...... 6423 Electronic and on-line services (voice) 741–6020 Executive Orders: 13 CFR Privacy Act Compilation 741–6064 13690...... 6425 121...... 7533 Public Laws Update Service (numbers, dates, etc.) 741–6043 Administrative Orders: Proposed Rules: TTY for the deaf-and-hard-of-hearing 741–6086 Order of February 2, 121...... 6618 2015 ...... 6645 124...... 6618 ELECTRONIC RESEARCH Notice of February 4, 125...... 6618 2015 ...... 6647 126...... 6618 World Wide Web 127...... 6618 5 CFR 134...... 6618 Full text of the daily Federal Register, CFR and other publications 532...... 5451 is located at: www.fdsys.gov. 3101...... 7797 14 CFR Federal Register information and research tools, including Public Proposed Rules: 25...... 6435 Inspection List, indexes, and Code of Federal Regulations are 532...... 5487 39 ...... 5452, 5454, 5670, 5900, located at: www.ofr.gov. Ch. XLII...... 5715 5902, 5905, 5906, 5909, 5911, 5915, 6649, 6897, E-mail 7 CFR 7285, 7288, 7290, 7298, FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 205...... 6429 7300, 8511, 8513, 8516 an open e-mail service that provides subscribers with a digital 3434...... 5895 71...... 8239, 8240 form of the Federal Register Table of Contents. The digital form Proposed Rules: 91...... 5918, 6899 of the Federal Register Table of Contents includes HTML and 318...... 6665 93...... 8242 PDF links to the full text of each document. 319...... 6665, 8561 Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 1000...... 7549 39 ...... 5489, 6017, 7986, 7989, Online mailing list archives, FEDREGTOC-L, Join or leave the list 1001...... 7549 7992, 8564, 8566, 8568, (or change settings); then follow the instructions. 1005...... 7549 8571, 8575 1006...... 7549 PENS (Public Law Electronic Notification Service) is an e-mail 1007...... 7549 15 CFR service that notifies subscribers of recently enacted laws. 1030...... 7549 30...... 6900 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1032...... 7549 730...... 8519 and select Join or leave the list (or change settings); then follow 1033...... 7549 740...... 8520 the instructions. 1124...... 7549 742...... 8520 FEDREGTOC-L and PENS are mailing lists only. We cannot 1126...... 7549 744...... 8519, 8524 respond to specific inquiries. 1131...... 7549 Proposed Rules: 1206...... 7811 922...... 5699 Reference questions. Send questions and comments about the 1212...... 7811 Federal Register system to: [email protected] 16 CFR 9 CFR The Federal Register staff cannot interpret specific documents or Proposed Rules: regulations. 78...... 5665 Ch. I ...... 5713 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 97...... 5665 500...... 5491 longer appears in the Federal Register. This information can be 201...... 6430 502...... 5491 1120...... 5701 found online at http://bookstore.gpo.gov/. 10 CFR 72...... 6430 17 CFR FEDERAL REGISTER PAGES AND DATE, FEBRUARY 430...... 5896 200...... 6902 5451–5664...... 2 Proposed Rules: 229...... 6652 5665–5894...... 3 72...... 6466 230...... 6652 5895–6428...... 4 429...... 5994 232...... 6652 430 ...... 5994, 7082, 7550 6429–6644...... 5 Proposed Rules: 431...... 6016, 6182 229...... 8486 6645–6896...... 6 460...... 7550 240...... 8486 6897–7284...... 9 7285–7532...... 10 12 CFR 18 CFR 7533–7796...... 11 217...... 5666 157...... 7302 7797–7966...... 12 Proposed Rules: 7967–8238...... 13 Ch. I ...... 7980 19 CFR 8239–8510...... 17 Ch. II ...... 7980 7...... 7537 8511–8766...... 18 217...... 5694 10...... 7303
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24...... 7303 875...... 6435 Proposed Rules: 12...... 6908 162...... 7303 877...... 6435 51...... 6481 22...... 6908 163...... 7303, 7537 879...... 6435 52 ...... 5497, 6109, 6485, 6491, 37...... 6909 178...... 7303, 7537 884...... 6435 6672, 7398, 7399, 7555, 42...... 6908 Proposed Rules: 885...... 6435 7813, 8018, 8250, 8254 46...... 6909 Ch. II ...... 6649 Proposed Rules: 60 ...... 5498, 8023, 8442 52...... 6908, 6909 201...... 6649 Ch. I ...... 5715 61...... 5498, 8023 601...... 6909 206...... 6649 100...... 7393 63 ...... 5498, 6035, 6676, 8023, 603...... 6909 208...... 6649 1202...... 7994 8392, 8442 604...... 6909 213...... 6649 1206...... 7994 81 ...... 6019, 8254, 8274 605...... 6909 98...... 6495 606...... 6909 20 CFR 31 CFR 180...... 7559 607...... 6909 Proposed Rules: 50...... 6656 300...... 6036, 6496 608...... 6909 Ch. IV...... 5715 538...... 8531 1850...... 6934 609...... 6909 Ch. V...... 5715 41 CFR 613...... 6909 Ch. VI...... 5715 33 CFR 615...... 6909 Ch. VII...... 5715 100...... 7797 101-42...... 7352 616...... 6909 Ch. IX...... 5715 117 .....5457, 6657, 6658, 6906, 101-45...... 7352 617...... 6909 7801, 7802 102-40...... 7352 619...... 6909 21 CFR 151...... 5922 Proposed Rules: 622...... 6909 312...... 7318 154...... 7539 Ch. 50 ...... 5715 623...... 6909 870...... 5674 155...... 5922 Ch. 60 ...... 5715 624...... 6909 Proposed Rules: 156...... 5922 Ch. 61 ...... 5715 625...... 6909 73...... 6468 157...... 5922 627...... 6909 42 CFR 314...... 6802, 8577 165 ...... 6448, 7968, 8536 628...... 6909 320...... 6802 Proposed Rules: 401...... 8247 631...... 6909 601...... 8577 100...... 7994 405...... 8247 632...... 6909 140...... 6679 406...... 7975 633...... 6909 22 CFR 143...... 6679 407...... 7975 636...... 6909 96...... 7321 146...... 6679 408...... 7975 637...... 6909 165 ...... 7394, 7553, 7994 417...... 7912 642...... 6909 23 CFR 203...... 8014 422...... 7912 644...... 6909 Proposed Rules: 423...... 7912 645...... 6909 34 CFR 490...... 8250 Proposed Rules: 647...... 6909 Ch. II ...... 7224 11...... 8030 24 CFR 649...... 6909 369...... 6452 652...... 6909 45 CFR 203...... 8243 371...... 6452 Proposed Rules: 982...... 8243 Proposed Rules: 1305...... 7368 Ch. 29 ...... 5715 Proposed Rules: 75...... 7397 1321...... 7704 511...... 6037 570...... 6469, 6470 1327...... 7704 523...... 8278 36 CFR 1611...... 5485 26 CFR 536...... 6944 Proposed Rules: Proposed Rules: 552...... 6037, 8278 1...... 7323 1192...... 7812 1355...... 7132 Proposed Rules: 1640...... 5716 1...... 8578 37 CFR 49 CFR Proposed Rules: 46 CFR Proposed Rules: 27 CFR 1...... 6475 Proposed Rules: Ch. III ...... 7814 9...... 6902, 8529 10...... 8586 39 CFR 61...... 6679 Proposed Rules: 50 CFR 4...... 6931 20...... 5683, 5688 62...... 6679 111...... 5691 222...... 6925 47 CFR 28 CFR Proposed Rules: 223...... 6925, 7977 Proposed Rules: 111...... 6574 1...... 7547 224...... 7380, 7977 11...... 8580 2...... 8248 229...... 6925 40 CFR 43...... 7547 622...... 6464, 8559 29 CFR 9...... 5457 54...... 5961 635...... 5991, 7547 1952...... 6652 51...... 7336 63...... 7547 648...... 7808 2520...... 5626 52 ...... 5471, 6455, 6907, 7336, 73...... 7977 660...... 6662, 7390 4022...... 7967 7341, 7345, 7347, 7803, Proposed Rules: 665...... 6663 Proposed Rules: 7805, 8547, 8550 1...... 7400 679 .....5692, 5992, 6663, 7979, Subtitle A ...... 5715 60...... 5475 20...... 6496 8249 Ch. II ...... 5715 61...... 5475 25...... 8031 Proposed Rules: Ch. IV...... 5715 62...... 5483 27...... 7400 17...... 5719, 8053 Ch. V...... 5715 63...... 5475, 5938 73 ...... 7400, 7562, 8031 219...... 8166 1614...... 6669 80...... 6658 76...... 8031 226...... 5499 Ch. XVII ...... 5715 81 ...... 7347, 7540, 7970 300...... 5719 Ch. XXV...... 5715 180 .....5941, 5946, 5952, 7541, 48 CFR 600...... 7562 7971 1...... 6908 660...... 8280 30 CFR 300...... 5957, 6458 2...... 6908 679...... 7816 700...... 6435 721...... 5457 9...... 6908 680...... 5499, 7817
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