Vol. 79 Friday, No. 201 October 17, 2014 Pages 62295–62552

Vol. 79 Friday, No. 201 October 17, 2014

Pages 62295–62552

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 79, No. 201

Friday, October 17, 2014

Agriculture Department Commodity Futures Trading Commission See Forest Service NOTICES NOTICES Schedule of Fees: Agency Information Collection Activities; Proposals, Rule Enforcement Programs of Designated Contract Submissions, and Approvals: Markets and Registered Futures Associations, 62418– National Forest System Land Management Planning, 62420 62412 Army Department Defense Department See Engineers Corps See Army Department NOTICES See Engineers Corps Performance Review Board Membership, 62432–62433 NOTICES Arms Sales, 62421–62430 Blind or Severely Disabled, Committee for Purchase From Meetings: People Who Are Threat Reduction Advisory Committee, 62430–62431 See Committee for Purchase From People Who Are Blind or Privacy Act; Systems of Records, 62431–62432 Severely Disabled Bureau of Consumer Financial Protection Education Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62420–62421 Submissions, and Approvals: Quick Response Information System 2015–2018 System Centers for Medicare & Medicaid Services Clearance, 62434 RULES Medicare Program: Energy Department Waivers in Connection With the Shared Savings Program; PROPOSED RULES Continuation of Effectiveness; Extensions, 62356– Energy Conservation Programs for Consumer Products: 62358 Test Procedure for Ceiling Fans, 62522–62548 NOTICES Meetings: Medicare Program; Advisory Panel on Hospital Engineers Corps Outpatient Payment, 62445–62447 NOTICES Environmental Impact Statements; Availability, etc.: Coast Guard 76-slip Mooring and Launching Facility with Associated RULES Piers, etc.; Virginia Beach, VA, 62433 Drawbridge Operations: Atlantic Intracoastal Waterway (AICW), Newport River, Morehead City, NC, 62337–62338 Environmental Protection Agency Atlantic Intracoastal Waterway, Chesapeake, VA, 62338– RULES 62339 Air Quality State Implementation Plans; Approvals and Offshore Supply Vessels of at Least 6,000 GT ITC; Promulgations: Correction, 62358 California; Air Resources Board—Consumer Products; Regulated Navigation Areas: Revisions, 62346–62350 Bridge 1 Structural Repairs, Portsmouth Naval Shipyard, Illinois; Gasoline Vapor Recovery Requirements; Kittery, ME, 62339–62341 Ammendments, 62352–62356 Safety Zones: Nevada; Clark County, Stationary Source Permits, 62350– English Station Emergency Environmental Response, Mill 62352 River, New Haven, CT, 62341–62344 PROPOSED RULES Pier 39 36th Anniversary Fireworks Display, San Air Quality State Implementation Plans; Approvals and Francisco Bay, San Francisco, CA, 62344–62346 Promulgations: California; California Air Resources Board—Consumer Commerce Department Products; Revisions, 62378–62379 See Foreign-Trade Zones Board Illinois; Gasoline Vapor Recovery Requirements; See National Oceanic and Atmospheric Administration Amendments, 62378 NOTICES Pennsylvania; Redesignation of the Harrisburg-Lebanon- Agency Information Collection Activities; Proposals, Carlisle-York Nonattainment Areas, 62389–62408 Submissions, and Approvals, 62414–62415 Washington; Infrastructure Requirements for the 2008 Ozone and 2010 Nitrogen Dioxide National Ambient Committee for Purchase From People Who Are Blind or Air Quality Standards, 62379–62389 Severely Disabled Washington; Infrastructure Requirements for the Fine NOTICES Particulate Matter National Ambient Air Quality Procurement List; Additions and Deletions, 62417–62418 Standards, 62368–62378

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NOTICES Federal Transit Administration Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: National Transit Database Information Collection; Updates, Delaware; Philadelphia-Wilmington-New Jersey 62517–62518 Nonattainment Areas; Adequacy Status of Maintenance Plans, 62434–62435 Fish and Wildlife Service Clean Air Act Operating Permit Program: PROPOSED RULES Petition to Object to Title V Permits for Mettiki Coal, Endangered and Threatened Wildlife and Plants: LLC, Maryland, 62435–62436 12-Month Finding on Petition to Downlist the Arroyo Environmental Impact Statements; Weekly Receipts, 62436 Toad; Reclassification as Threatened, 62408–62409 Meetings: NOTICES Human Studies Review Board, 62437–62439 Endangered Species Permit Applications, 62453–62460 Science Advisory Board, Chemical Assessment Advisory Committee Augmented for the Review of EPA’s Draft Trimethylbenzenes Assessment, 62436–62437 Food and Drug Administration Pesticide Registrations: NOTICES Requests for Amendments to Delete Uses, 62439–62441 Food and Drug Administration Modernization Act: Modifications to the List of Recognized Standards, Recognition List Number: 037, 62447–62449 Executive Office of the President See Presidential Documents Foreign–Trade Zones Board NOTICES Federal Aviation Administration Applications for Reorganization Under Alternative Site RULES Frameworks: Establishment of Class E Airspace: Foreign-Trade Zone 207, Richmond, VA, 62415 Thomas, OK, 62336–62337 Foreign-Trade Zone 288, Northwest Iowa, 62415 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 62363–62366 Forest Service Establishment of Class E Airspace: NOTICES Plainville, CT, 62366–62368 Environmental Impact Statements; Availability, etc.: NOTICES La Garita Hills Restoration Project, Saguache Ranger Meetings: District, Rio Grande National Forest, CO, 62412– Aviation Rulemaking Advisory Committee; Transport 62414 Airplane and Engine Issues, 62507–62508 Petitions for Exemption; Summaries, 62508–62513 Health and Human Services Department See Centers for Medicare & Medicaid Services Federal Deposit Insurance Corporation See Food and Drug Administration NOTICES See Inspector General Office, Health and Human Services Terminations of Receivership: Department Covenant Bank, Chicago, IL, 62441 See National Institutes of Health

Federal Election Commission Homeland Security Department RULES See Coast Guard Aggregate Biennial Contribution Limits, 62335–62336 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Aggregate Biennial Contribution Limits, 62361–62363 Submissions, and Approvals: Case Assistance Form, 62450–62452 Federal Maritime Commission NOTICES Housing and Urban Development Department Ocean Transportation Intermediary License Applicants, NOTICES 62441–62442 Federal Property Suitable as Facilities to Assist the Homeless, 62452–62453 Federal Railroad Administration NOTICES Inspector General Office, Health and Human Services Agency Information Collection Activities; Proposals, Department Submissions, and Approvals, 62513–62517 RULES Federal Reserve System Medicare Program: NOTICES Waivers in Connection With the Shared Savings Program; Agency Information Collection Activities; Proposals, Continuation of Effectiveness; Extensions, 62356– Submissions, and Approvals, 62442–62444 62358 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 62444 Interior Department Formations of, Acquisitions by, and Mergers of Savings and See Fish and Wildlife Service Loan Holding Companies; Correction, 62444 See National Park Service Meetings; Sunshine Act, 62444–62445 See Ocean Energy Management Bureau

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International Trade Commission Ocean Energy Management Bureau NOTICES NOTICES Complaints: Bid Adequacy Procedures: Certain Personal Transporters, Components Thereof, and Procedural Change and Clarification of Definitions, Manuals Therefor, 62464 62461–62463 Investigations; Determinations, Modifications, and Rulings, Oil and Gas Lease Sales: etc.: Central Gulf of Mexico Planning Area, Outer Continental Boltless Steel Shelving Units Prepackaged for Sale from Shelf, CPA Sale 235, 62463 China, 62465 Certain Consumer Electronics with Display and Personnel Management Office Processing Capabilities, 62465–62466 RULES Certain Multiple Mode Outdoor Grills and Parts Thereof, Federal Employees Health Benefits Program: 62466–62467 Modification of Eligibility to Certain Employees on Meetings; Sunshine Act, 62467 Temporary Appointments and Certain Employees on Seasonal and Intermittent Schedules, 62325–62329 Labor Department NOTICES Postal Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: New Postal Products, 62473 Evaluation of the Youth CareerConnect Grant Program, 62467–62469 Presidential Documents Millennium Challenge Corporation PROCLAMATIONS NOTICES San Gabriel Mountains National Monument; Establishment Compact With the Republic of El Salvador, 62469–62472 (Proc. 9194), 62303–62322 Special Observances: National Institutes of Health Blind Americans Equality Day (Proc. 9195), 62549–62552 NOTICES Columbus Day (Proc. 9193), 62301–62302 Meetings: General Pulaski Memorial Day (Proc. 9192), 62299–62300 National Institute of Mental Health, 62450 International Day of the Girl (Proc. 9191), 62297–62298 National Institute on Alcohol Abuse and Alcoholism, National School Lunch Week (Proc. 9190), 62295–62296 62449 EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: National Oceanic and Atmospheric Administration Southeastern Pennsylvania Transportation Authority RULES Labor Dispute; Emergency Board To Investigate (EO Fisheries of the Caribbean, Gulf of Mexico, and South 13679), 62323–62324 Atlantic: Gulf King Mackerel in Western Zone; Coastal Migratory Securities and Exchange Commission Pelagic Resources; Gulf of Mexico and South NOTICES Atlantic; Accountability Measure and Closure, Applications: 62358–62359 Managed Portfolio Series, et al., 62482–62488 PROPOSED RULES New Mountain Finance Corp., et al., 62481–62482 Fisheries of the Caribbean, Gulf of Mexico, and South SunAmerica Series Trust, et al., 62473–62480 Atlantic: Self-Regulatory Organizations; Proposed Rule Changes: Coastal Migratory Pelagic Resources in the Gulf of Chicago Board Options Exchange, Inc., 62502–62504 Mexico and Atlantic Region; Amendment 20B, Financial Industry Regulatory Authority, Inc., 62489– 62410–62411 62492, 62500–62502 NOTICES NYSE Arca, Inc., 62492–62500 Meetings: New England Fishery Management Council, 62415–62417 Surface Transportation Board NOTICES National Park Service Discontinuance of Service Exemptions: NOTICES Georgia Southwestern Railroad, Inc., and Central of Meetings: Georgia Railroad Co., Schley and Sumpter Counties, Cape Cod National Seashore Advisory Commission, GA, 62518–62519 62460–62461 National Science Foundation Susquehanna River Basin Commission NOTICES NOTICES Meetings: Projects Approved for Consumptive Uses of Water, 62504– Advisory Committee for Computer and Information 62506 Science and Engineering, 62472–62473 Projects Rescinded for Consumptive Uses of Water, 62506– Federal-Commercial Spectrum Data; Workshop, 62472 62507 Nuclear Regulatory Commission Transportation Department RULES See Federal Aviation Administration Definition of a Utilization Facility, 62329–62335 See Federal Railroad Administration PROPOSED RULES See Federal Transit Administration Definition of a Utilization Facility, 62360–62361 See Surface Transportation Board

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Treasury Department Part III NOTICES Presidential Documents, 62549–62552 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62519 Appointment of Members: Legal Division to the Performance Review Board, Internal Reader Aids Revenue Service, 62519 Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, Veterans Affairs Department and notice of recently enacted public laws. NOTICES Wait-Time Goals of the Department for the Veterans Choice To subscribe to the Federal Register Table of Contents Program, 62519–62520 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change Separate Parts In This Issue settings); then follow the instructions.

Part II Energy Department, 62522–62548

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9190...... 62295 9191...... 62297 9192...... 62299 9193...... 62301 9194...... 62303 9195...... 62551 Executive Orders: 13679...... 62323 5 CFR 890...... 62325 10 CFR 50...... 62329 Proposed Rules: 50...... 62360 429...... 62522 430...... 62522 11 CFR 110...... 62335 Proposed Rules: 110...... 62361 14 CFR 71...... 62336 Proposed Rules: 39...... 62363 71...... 62366 33 CFR 117 (2 documents) ...... 62337, 62338 165 (3 documents) ...... 62339, 62341, 62344 40 CFR 52 (3 documents) ...... 62346, 62350, 62352 Proposed Rules: 52 (5 documents) ...... 62368, 62378, 62379, 62389 81...... 62389 42 CFR Ch. IV...... 62356 Ch. V...... 62356 46 CFR 125...... 62358 50 CFR 622...... 62358 Proposed Rules: 17...... 62408 622...... 62410

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Federal Register Presidential Documents Vol. 79, No. 201

Friday, October 17, 2014

Title 3— Proclamation 9190 of October 10, 2014

The President National School Lunch Week, 2014

By the President of the United States of America

A Proclamation Ensuring access to balanced, healthy meals for all young people is essential to their success, and it is our responsibility as a Nation. Today, more than 30 million children depend on the National School Lunch Program for daily nutrition, and more than 13 million children are able to start their school day with a full stomach because of the School Breakfast Program. For many young people, these programs are the only regular source of food. That is why it is more important than ever to strengthen them and make sure they are supporting healthy lifestyles in classrooms across Amer- ica. During National School Lunch Week, we encourage schools to expand access to nutritious food options, and we salute all those who work in our Nation’s school cafeterias and food preparation centers. Every day they provide essential meals to America’s students, contributing to their well- being and helping make sure they can fulfill their potential. In 1946, President Harry Truman signed the National School Lunch Act, which provided meals for over 7 million children in its first year. Since then, more than 220 billion lunches have been served, and my Administration is proud to continue building on this legacy—not just by increasing access to breakfasts and lunches, but also by working to improve their quality and nutritional value. When more than one-third of American children and adolescents are overweight or obese—and as a result, are at risk for conditions like high blood pressure, high cholesterol, and Type 2 diabetes— ensuring access to healthy foods at schools helps support academic performance and improves children’s overall health. In 2010, I signed the Healthy, Hunger-Free Kids Act in order to raise nutritional standards and expand access to healthy meals. This year—in many of the more than 22,000 eligible schools across our country—educators and food service professionals are able to serve all their students free, nutritious breakfasts and lunches. Students now have more opportunities to eat healthy foods than ever before, including new options in vending machines and a la carte lines. And First Lady Michelle Obama’s Let’s Move! initiative has brought communities, schools, and elected officials together to promote nutrition and healthy lifestyles and empower children to make healthy choices in school and at home. By expanding access to nutritious meals, we can help put young people on the path to good health from their earliest days. When we provide our children with opportunities to live prosperous and productive lives, we build a Nation where all kids can reach their dreams and achieve the bright futures they deserve. The Congress, by joint resolution of October 9, 1962 (Public Law 87–780), as amended, has designated the week beginning on the second Sunday in October each year as ‘‘National School Lunch Week’’ and has requested the President to issue a proclamation in observance of this week.

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NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim the week of October 12 through October 18, 2014, as National School Lunch Week. I call upon all Americans to join the dedicated individuals who administer the National School Lunch Program in appropriate activities that support the health and well-being of our Nation’s children. IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of October, in the year of our Lord two thousand fourteen, and of the Independ- ence of the United States of America the two hundred and thirty-ninth.

[FR Doc. 2014–24844 Filed 10–16–14; 8:45 am] Billing code 3295–F5

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Proclamation 9191 of October 10, 2014 International Day of the Girl, 2014

By the President of the United States of America

A Proclamation In every community across the globe, girls and women should have the opportunity to learn, grow, and achieve their full potential. All nations have a responsibility to protect the basic human rights of all people, and when they do—when girls and women are fully valued as equal participants in a country’s politics and economy—societies are more likely to succeed. But throughout the world, too many girls and women are subjected to laws and traditions that serve only to oppress and exclude. Gender-based violence—from domestic violence and human trafficking to genital cutting and early and forced marriage—condemns girls to cycles of dependence, fear, and abuse. Harmful cultural norms and prejudices that tell young women how they are expected to look and act deny the dignity and equality we want for all our daughters. On International Day of the Girl, we stand with girls, women, and male and female advocates in every country who are calling for freedom and justice, and we renew our commitment to build a world where all girls feel safe, supported, and encouraged to pursue their own measure of happiness. Promoting gender equality and lifting up the status of girls and women have been central to my Administration’s national security strategy and foreign policy. We are supporting quality education for girls around the world, advancing policies that enable women and families to live healthier lives, and investing in programs that help nations prevent and respond to violence against girls and women. We are also working to end human trafficking, a crime that affects far too many communities both here at home and around the globe, and of which many victims are girls and women. As we work to transform the lives of girls and women abroad, we have also redoubled our efforts to ensure there are no barriers to their success here at home. Vice President Joe Biden’s 1is2many initiative is raising awareness about the high rates of teen dating violence, and my Administration is engaging school districts, college students, and community members as part of our effort to end sexual assault and domestic violence. Through the Affordable Care Act, we have expanded access to quality, affordable health care to more girls and prohibited insurers from charging them extra simply because of their gender. We continue to invest in community efforts to reduce teen pregnancy. And we have made it a priority to educate and inspire our youngest girls by increasing opportunities for high-quality preschool. As they grow, we will make certain they receive the education and training needed to succeed in the jobs of today and tomorrow—jobs that we are working to ensure will offer equal pay for equal work. As Americans, we must see the hopes and dreams of our own girls and realize that these are the same dreams of girls around the world. We cannot afford to silence the girl who holds the key to changing her community, or the voice that speaks up to call for peace or further scientific discovery. We cannot allow violence to snuff out the aspirations of young women in America, and we must not accept it anywhere in the world. Today, we resolve to do more than simply shine a light on inequality. With partners

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across the globe, we support the girls who reach for their future in the face of unimaginable obstacles, and we continue our work to change attitudes and shift beliefs until every girl has the opportunities she deserves to shape her own destiny and fulfill her boundless promise. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 11, 2014, as International Day of the Girl. I call upon all Americans to observe this day with programs, ceremonies, and activities that advance equality and opportunity for girls everywhere. IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of October, in the year of our Lord two thousand fourteen, and of the Independ- ence of the United States of America the two hundred and thirty-ninth.

[FR Doc. 2014–24845 Filed 10–16–14; 8:45 am] Billing code 3295–F5

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Proclamation 9192 of October 10, 2014

General Pulaski Memorial Day, 2014

By the President of the United States of America

A Proclamation More than 200 years ago, Brigadier General Casimir Pulaski answered the call of our fledgling Nation as we sought to secure liberty and justice. A Polish-born leader, he fought and sacrificed his life for a country not fully his own. He understood that the promise of our new Nation was not about circumstance of birth, but rather a set of beliefs and unalienable rights. Today, we pay tribute to a hero of the American Revolutionary War, and we celebrate the contributions that generations of Polish-Americans have made to the country for whose independence Pulaski took up arms. As a young man, Casimir Pulaski fought for Polish sovereignty, defending his homeland from foreign occupation with courage and bravery. After many years, his confederation was overpowered, and he was exiled to France where he met Benjamin Franklin. With Franklin, Pulaski discussed America’s struggle to throw off the tyranny of an empire, and in 1777, Pulaski crossed the Atlantic to stand with a small band of patriots. In America, Pulaski served with honor and distinction. During battle, he aided George Washington and—because of his leadership and skill on horseback—became known as the ‘‘Father of the American Cavalry.’’ But tragically in October of 1779, as Pulaski led his troops during the siege of Savannah, Georgia, he was mortally wounded. While he was not witness to the conclusion of the war, his memory is forever enshrined in the pages of its history. Pulaski’s life represents only one chapter in the Polish people’s long and storied legacy of fighting for freedom. This year, we celebrated the 25th anniversary of an election where, for the first time, the people of Poland had a choice. The culmination of centuries of struggle, it marked the beginning of a new course for Poland—one that has ushered in the return of democracy and demonstrated the enduring strength of the ideals our two nations share. As we also recognize the 15th anniversary of Poland’s membership in NATO, we are proud to call Poland one of our strongest and closest allies, and we are reminded that the blessings of liberty must be earned and renewed by every generation. On General Pulaski Memorial Day, we reflect on the beginnings of our relationship with Poland. In the centuries since, Polish immigrants have sought the opportunities in America that Pulaski helped secure, and as they have, our nations’ bonds of friendship have grown stronger. As we renew our commitment to honoring all those who fought for the freedom of our new Nation, let us resolve to stand with developing democracies around the world and with all people yearning to be free. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 11, 2014, as General Pulaski Memorial Day. I encourage all Americans to commemorate this occasion with appropriate programs and activities paying tribute to Casimir Pulaski and honoring all those who defend the freedom of our Nation.

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IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of October, in the year of our Lord two thousand fourteen, and of the Independ- ence of the United States of America the two hundred and thirty-ninth.

[FR Doc. 2014–24847 Filed 10–16–14; 8:45 am] Billing code 3295–F5

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Proclamation 9193 of October 10, 2014

Columbus Day, 2014

By the President of the United States of America

A Proclamation When Christopher Columbus—a son of Genoa, Italy—set sail across the Atlantic, no one could imagine the profound and lasting impact he would have on the world. In search of a westward route to Asia, he instead spotted the Bahamas. As dawn broke on October 12, 1492, Columbus’s crew set foot on a Caribbean island and changed the course of history. For much of Europe, this marked the discovery of the New World, and it set in motion the more than five centuries that have followed. In a new world, explorers found opportunity. They endured unforgiving winters and early hardship. They pushed west across a continent, charting rivers and mountains, and expanded our understanding of the world as they embraced the principle of self-reliance. In a new world, a history was written. It tells the story of an idea— that all women and men are created equal—and a people’s struggle to fulfill it. And it is a history shared by Native Americans, one marred with long and shameful chapters of violence, disease, and deprivation. In a new world, a Nation was born. A resolute people fought for democracy, liberty, and freedom from tyranny. They secured fundamental rights to expression, petition, and free exercise of religion and built a beacon of hope to people everywhere who cherish these ideals. Columbus’s historic voyage ushered in a new age, and since, the world has never been the same. His journey opened the door for generations of Italian immigrants who followed his path across an ocean in pursuit of the promise of America. Like Columbus, these immigrants and their descendants have shaped the place where they landed. Italian Americans have enriched our culture and strengthened our country. They have served with honor and distinction in our Armed Forces, and today, they embrace their rich heritage as leaders in our communities and pioneers of industry. On Columbus Day, we reflect on the moment the world changed. And as we recognize the influence of Christopher Columbus, we also pay tribute to the legacy of Native Americans and our Government’s commitment to strengthening their tribal sovereignty. We celebrate the long history of the American continents and the contributions of a diverse people, including those who have always called this land their home and those who crossed an ocean and risked their lives to do so. With the same sense of exploration, we boldly pursue new frontiers of space, medicine, and technology and dare to change our world once more. In commemoration of Christopher Columbus’s historic voyage 522 years ago, the Congress, by joint resolution of April 30, 1934, and modified in 1968 (36 U.S.C. 107), as amended, has requested the President proclaim the second Monday of October of each year as ‘‘Columbus Day.’’ NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim October 13, 2014, as Columbus Day. I call upon the people of the United States to observe this day with appropriate ceremonies and activities. I also direct that the flag of the United States

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be displayed on all public buildings on the appointed day in honor of our diverse history and all who have contributed to shaping this Nation. IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of October, in the year of our Lord two thousand fourteen, and of the Independ- ence of the United States of America the two hundred and thirty-ninth.

[FR Doc. 2014–24848 Filed 10–16–14; 8:45 am] Billing code 3295–F5

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Proclamation 9194 of October 10, 2014

Establishment of the San Gabriel Mountains National Monu- ment

By the President of the United States of America

A Proclamation Known as the crown to the Valley of Angels, the peaks of the San Gabriel Mountains frame the Los Angeles skyline. Over 15 million people live within 90 minutes of this island of green, which provides 70 percent of the open space for Angelenos and 30 percent of their drinking water. Millions recreate and rejuvenate in the San Gabriels each year, seeking out their cool streams and canyons during the hot summer months, their snowcapped mountains in the winter, and their trail system and historic sites throughout the year. The San Gabriels are some of the steepest and most rugged mountains in the United States. Situated adjacent to the mighty San Andreas Fault, the mountains are geologically active, migrating northwest at an average of 2 inches each year. Deep canyons, many with precious perennial streams, score the mountain peaks—north toward the arid Mojave Desert and south to the temperate San Gabriel Valley. The rich cultural history of these mountains echoes their striking geologic features and ecological diversity. Cultural resources represent successive layers of history, including that of Native Americans, Spanish missionaries and colonialists, Mexican rancheros, and Euro-American settlers and prospectors. Native American history runs deep, at least 8,000 years, exemplified by the Aliso-Arrastre Special Interest Area known for its heritage resource values, including several rock art and cupules features, the concentration of which is unique to southern California. Due to urban development and natural processes, this area also contains the best preserved example of a Gabrielino pictograph that characterizes the California Tradition of rock painting. Early European explorers’ use of the area consisted mainly of early explorers traveling through the area. Over time, land grants, Spanish missions, and townsites surrounded the mountains, relying heavily on them for water, building supplies, and game. By the 1840s, gold prospectors poured into the mountains. Large placer and lode mining operations were established in the San Gabriels, with mixed success. The historic mining town of Eldoradoville, located along the East Fork of the San Gabriel River, had at its peak in 1861 a population of over 500 miners, with general stores, saloons, and dance halls along with numerous mining camps of tents, wooden shacks, and stone cabins along the river. In the early 20th century, responding to the burgeoning interest of urban dwellers in backcountry hiking and weekend rambling, a number of trails, lodges, and camps—many of which were accessible only by horseback or on foot—were constructed throughout the mountains. Remnants of these historic resorts, which attracted local residents and Hollywood stars alike, can still be seen and are important aspects of the region’s social and cultural history.

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Enthusiasm for recreating in the mountains continues today. The San Gabriels offer hundreds of miles of hiking, motorized, and equestrian trails, including several National Recreational Trails and 87 miles of the Pacific Crest National Scenic Trail. In the footprint of the resorts of the Great Hiking Era, many visitors partake of Forest Service campgrounds built on the foundations of early 20th-century lodges and resorts. In a region with limited open space, the mountains are the backyard for many highly urbanized and cul- turally diverse populations within Los Angeles, underscoring the need for strong partnerships between this urban forest and neighboring communities. The mountains have hosted world-class scientists, studying the terra firma at their feet as well as the distant galactic stars. Astronomer Edwin Hubble performed critical calculations from his work at the Mt. Wilson Observatory, including his discovery that some nebulae were actually galaxies outside our own Milky Way. Assisted by Milton Humason, he also discovered the presence of the astronomical phenomenon of redshift that proved the universe is expanding. Also on Mt. Wilson, Albert Michelson, America’s first Nobel Prize winner in a science field, conducted an experiment that provided the first modern and truly accurate measurement of the speed of light. Closer to earth, the San Dimas Experimental Forest, established in 1933 as a hydrologic laboratory, continues the study of some of our earliest and most comprehensively monitored research watersheds, providing crucial scientific insights. Although proximate to one of America’s most urban areas, the region has untrammeled wilderness lands of the highest quality, including four designated wilderness areas: San Gabriel, Sheep Mountain, Pleasant View Ridge, and Magic Mountain. These lands provide invaluable backcountry opportunities for the rapidly expanding nearby communities and also provide habitat for iconic species including the endangered California condor and least Bells’ vireo, and the Forest Service Sensitive Nelson’s bighorn sheep, bald eagle, and California spotted owl. Inventoried roadless areas and lands recommended for designation as Wilderness also provide important habitat, including a connectivity corridor important for wide ranging species, such as the mountain lion. The importance of the San Gabriels’ watershed values was recognized early. As early as the late 1800s, local communities petitioned to protect the mountains for their watershed values. As a result, President Benjamin Har- rison established the San Gabriel Timberland Reserve in 1892, the precursor to the Angeles National Forest. Reflecting the needs of the nearby population centers, the San Gabriels host an array of flood control and water storage, delivery, and diversion infrastructure, including six large retention dams as well as numerous telecommunications and utility towers. The San Gabriels’ rivers not only provide drinking water but are also areas of high ecological significance supporting rare populations of native fish, including the threatened Santa Ana sucker. The San Gabriel River supports rare arroyo chub and Santa Ana speckled dace, a species found only in the Los Angeles Basin. Little Rock Creek tumbles down from the northern escarpment to the Mojave Desert below and supports important populations of the endangered mountain yellow-legged frog and arroyo toad, as well as the threatened California red-legged frog. On the slopes of Mt. San Antonio, San Antonio Creek rushes through an alpine canyon studded with stalwart bigcone Douglas fir, and the magnificent 75-foot San Antonio Falls draw thousands of visitors every year. In addition to rivers, the San Gabriels contain two scenic lakes, both formed by the area’s remarkable geologic forces. The alpine Crystal Lake, found high in the mountains, was formed from one of the largest landslides on record in southern California. Jackson Lake is a natural sag pond, a type of pond formed between the strands of an active fault line—in this case, the San Andreas.

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Climatic contrasts in the San Gabriels range from the northern slope desert region, home to Joshua trees and pinyon pines, to high-elevation white fir and a notable stand of 1,000-year-old limber pines. Vegetation communities, including chaparral and oak woodland, represent a portion of the rare Mediterranean ecosystem found in only 3 percent of the world. Medi- terranean climate zones have high numbers of species for their area. The San Gabriels also provide suitable habitat for 52 Forest Service Sensitive Plants and as many as 300 California-endemic species, including Pierson’s lupine and San Gabriel bedstraw, that occur only in the San Gabriel range. The mountains harbor several of California’s signature natural vegetation communities, including the drought-tolerant and fire-adapted chaparral shrubland, which is the dominant community and includes scrub oaks, chamise, manzanita, wild lilac, and western mountain-mahogany. Mixed conifer forest is an associated vegetation community comprising Jeffrey pine, sugar pine, white fir, and riparian woodlands including white alder, syca- more, and willow. These communities provide habitat for numerous native wildlife and insect species, including agriculturally important pollinators, the San Gabriel Mountains slender salamander, San Bernardino Mountain kingsnake, song sparrow, Peregrine falcon, mule deer, and Pallid bat. WHEREAS section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C. 431) (the ‘‘Antiquities Act’’), authorizes the President, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest situated upon the lands owned or controlled by the Government of the United States to be national monuments, and to reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected; and WHEREAS it is in the public interest to preserve and protect the objects of scientific and historic interest at the San Gabriel Mountains; NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by the authority vested in me by section 2 of the Antiquities Act, hereby proclaim the objects identified above that are situated upon lands and interests in lands owned or controlled by the Government of the United States to be the San Gabriel Mountains National Monument (monument) and, for the purpose of preserving those objects, reserve as a part thereof all lands and interests in lands owned or controlled by the Government of the United States within the boundaries described on the accompanying map entitled, ‘‘San Gabriel Mountains National Monu- ment’’ and the accompanying legal description, which are attached to and form a part of this proclamation. These reserved Federal lands and interests in lands encompass approximately 346,177 acres, which is the smallest area compatible with the proper care and management of the objects to be protected. All Federal lands and interests in lands within the boundaries of the monument are hereby appropriated and withdrawn from all forms of entry, location, selection, sale, leasing, or other disposition under the public land or other Federal laws, including location, entry, and patent under the mining laws, and from disposition under all laws relating to mineral and geothermal leasing, other than by exchange that furthers the protective purposes of the monument, or disposition of materials under the Materials Act of 1947 in a manner that is consistent with the proper care and management of the objects protected by this proclamation. The establishment of this monument is subject to valid existing rights. Lands and interests in lands within the monument’s boundaries not owned or controlled by the United States shall be reserved as part of the monument upon acquisition of ownership or control by the United States. To the extent allowed by applicable law, the Secretaries of Agriculture and the

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Interior shall manage valid Federal mineral rights existing within the monument as of the date of this proclamation in a manner consistent with the proper care and management of the objects protected by this proclamation. Nothing in this proclamation shall be construed to alter the valid existing water rights of any party, including the United States. Nothing in this proclamation shall be construed to interfere with the operation or maintenance, nor with the replacement or modification within the existing authorization boundary, of existing water resource, flood control, utility, pipeline, or telecommunications facilities that are located within the monument, subject to the Secretary of Agriculture’s special uses authorities and other applicable laws. Existing water resource, flood control, utility, pipeline, or telecommunications facilities located within the monument may be expanded, and new facilities may be constructed within the monument, to the extent consistent with the proper care and management of the objects protected by this proclamation, subject to the Secretary of Agriculture’s special uses authorities and other applicable law. The Secretary of Agriculture (Secretary) shall manage the monument through the Forest Service, pursuant to applicable legal authorities, consistent with the purposes and provisions of this proclamation. The Secretary shall prepare, within 3 years of the date of this proclamation and in consultation with the Secretary of the Interior, a management plan for the monument and shall promulgate such regulations for its management as deemed appropriate. The Secretary shall provide for maximum public involvement in the development of that plan, including, but not limited to, consultation with tribal, State, and local government, as well as community environmental conservation, health, and justice organizations. The plan shall provide for protection and interpretation of the scientific and historic objects identified above and for continued public access to those objects, consistent with their protection. To the maximum extent permitted by other applicable law and consistent with the purposes of the monument, the plan shall protect and preserve Indian sacred sites, as defined in section 1(b) of Executive Order 13007 of May 24, 1996, and access by Indian tribal members for traditional cultural, spiritual, and tree and forest product-, food-, and medicine-gathering purposes. Nothing in this proclamation shall be construed to enlarge or diminish the rights of any Indian tribe as defined in section 1(b) of Executive Order 13007. The Secretary shall prepare a transportation plan that specifies and implements such actions necessary to protect the objects identified in this proclamation, including road closures and travel restrictions. For the purpose of protecting the objects identified above, except for emergency or authorized administrative purposes, the Secretary shall limit all motor vehicle use to designated roads, trails, and, in the Secretary’s discretion, those authorized off-highway vehicular use areas existing as of the date of this proclamation. The Secretary shall, in developing any management plans and any management rules and regulations governing the monument, consult with the Sec- retary of the Interior. The final decision to issue any management plans and any management rules and regulations rests with the Secretary of Agri- culture. Management plans or rules and regulations developed by the Sec- retary of the Interior governing uses within national parks or other national monuments administered by the Secretary of the Interior shall not apply within the monument. Nothing in this proclamation shall be construed to enlarge or diminish the jurisdiction of the State of California with respect to fish and wildlife management. Laws, regulations, and policies followed by the United States Forest Service in issuing and administering grazing permits or leases on all lands under its jurisdiction shall continue to apply with regard to the lands in the

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monument in a manner consistent with the proper care and management of the objects protected by this proclamation. Nothing in this proclamation shall be construed to alter the authority or responsibility of any party with respect to emergency response activities within the monument, including wildland fire response. The Secretary may carry out vegetative management treatments within the monument, except that timber harvest and prescribed fire may only be used when the Secretary determines it appropriate to address the risk of wildfire, insect infestation, or disease that would endanger the objects identified above or imperil public safety. Recognizing the proximity of the monument to Class B airspace and that a military training route is over the monument, nothing in this proclamation shall be deemed to restrict general aviation, commercial, or military aircraft operations, nor the designation of new units of special use airspace or the establishment of military flight training routes, over the monument. Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation; however, the monument shall be the dominant reservation. Warning is hereby given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature of the monument and not to locate or settle upon any of the lands thereof. IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of October, in the year of our Lord two thousand fourteen, and of the Independ- ence of the United States of America the two hundred and thirty-ninth.

Billing code 3295–F5–P

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SAN GABRIEL MOUNTAINS NATIONAL MONUMENT

ANGELES & SAN BERNARDINO NATIONAL FORESTS

PACIFIC SOUTHWEST REGION

Boundary Description

The San Gabriel Mountains National Monument is located in the California Region of the U.S.D.A. Forest Service, on the Angeles and San Bernardino National Forests, situated in Township 5 North, Range 1I West, Township 4 North, Ranges 8 -14 West, Township 3 North, Ranges 7 ~· 12 West, Township 2 North, Ranges 7 - 12 West, and Township l North, Ranges 8 - l 0 West, San Bernardino Base Line and Meridian, in the County of Los Angeles and San Bernardino, State of California.

The San Gabriel Mountains National Monument is more particularly described as follows:

Beginning at a point located within the Angeles National Forest boundary, said point being the Section Comer of Sections 11, 12, 13 and 14, T.3N., R.8W., as· shown on the Mount San Antonio quadrangle;

thence northerly along the section line between Sections II and 12, T.3N., R.8W., to the Section Comer of Sections I, 2, 11 and 12.

thence northerly along the section line between sections 1 and 2, T.3N., R.8W., to the southerly Township line ofT.3N., R.8W., and TAN., R.8W.

thence westerly along said Township Line, to the Section comer of Sections 35 and 36, T.4N., R.8W.

thence northerly between Sections 35 and 36, T.4N., R.8W., to the Section Comer of Sections 25, 26,35 and 36.

thence northerly between Sections 25 and 26, T.4N., R.8W., to the Section Comer of Sections 23, 24, 25 and 26.

thence northerly between Sections 23 and 24, T.4N., R.8W., to the Section Comer of Sections 13, 14, 23 and 24.

thence westerly between Sections 14 and 23, T.4N., R.8W., to the Section Corner of Sections 14, 15,22 and 23.

thence westerly between Sections IS and 22, TAN., R.8W., to the Section Comer of Sections 15, 16,21 and 22. 1 October 2014

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thence westerly between Sections 16 and 21, T.4N., R.8W., to the Section Corner of Sections 16, 17,20 and 21.

thence westerly between Sections 17 and 20, T.4N., R.8W., to the Section Comer of Sections 17, 18, 19 and 20.

thence westerly between Sections 18 and 19, T.4N., R.8W., to the Section Comer of Sections 18 and 19 on the Range Line ofT.4N., R.8W., and T.4N., R.9W.

thence southerly on the Range Line between Sections 13 and 18, T.4N., R.8W., and T.4N., R.9W., to the Section Comer of Sections 13 and 24.

thence westerly between Sections 13 and 24, T.4N., R.9W., to the Section Comer of Sections 13, 14, 23 and 24.

thence westerly between Sections 14 and 23, TAN., R.9W., to the Section Comer of Sections 14, 15, 22 and 23.

thence westerly between Sections IS and 22, T.4N., R.9W., to the Section Comer of Sections 15, 16,21 and 22.

thence westerly between Sections 16 and 21, T.4N., R.9W., to the Section Comer of Sections 16, 17,20 and 21.

thence westerly between Sections 17 and 20, T.4N., R.9W., to the Section Corner of Sections 17, 18, 19 and 20.

thence westerly between Sections 18 and 19, T.4N., R.9W., to the Section Corner of Sections 18 and 19 on the Range Line ofT.4N., R.9W., and T.4N., R.10W.

thence northerly on the Range Line between Sections 18 and 24, T.4N., R.9W., and TAN., R.l OW., to the Section Corner of Sections 13 and 24.

thence westerly between Sections 13 and 24, T.4N., R.lOW., to the Section Corner of Sections 13, 14, 23 and 24.

thence westerly between Sections 14 and 23, TAN., R.lOW., to the Section Comer of Sections 14, 15, 22 and 23.

thence westerly between Sections 15 and 22, T.4N ., R.1 OW., to the Section Corner of Sections 15 and 22.

thence northerly between Sections 15 and 16, T.4N., R.IOW., to theE 1/4 Section Corner ofSection 16 only. ·

2 October 2014

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thence westerly along the east-west centerline of said Section 16 to the 1/4 Section Comer of Sections 16 and 17, T.4N., R.lOW.

thence northerly between Sections 16 and 17, TAN., R.lOW., to the Section Comer of Sections 8, 9, 16 and 17.

thence westerly between Sections 8 and 17, TAN., R.IOW., to the Section Comer of Sections 7, 8, 17, and 18.

thence westerly between Sections 7 and 18, TAN., R.l OW., to the Section Comer of Sections 7 and 18 on the Range Line ofT.4N., R.lOW., and TAN., R.llW.

thence northerly on the Range Line between Sections 7 and 12, T.4N., R.lOW., and TAN., R.ll W., to the Section Comer of Sections 1 and 12.

thence northerly on the Range Line between Sections 1 and 6, to the Township Line, T.4N., R.IOW., and T.4N., R.llW., Section Comer of Sections 1 and 6.

thence westerly between Sections 1 and 36, on the Township Line, TAN., R.llW., and T.SN., R.11W., to the Section Comer of Sections 35 and 36 on the Township Line of T.4N., R.llW., and T.SN., R.llW.

thence northerly between Sections 35 and 36, T.SN., R.ll W., to the Section Comer of Sections 25, 26, 35 and 36.

thence northerly between Sections 25 and 26, T.SN., R.ll W., to the Section Comer of Sections 25 and 26.

thence westerly on the north boundary of Section 26, T .SN ., R.ll W., to the Section Comer of Sections 26, and 27.

thence westerly on the north boundary of Section 27, T.SN ., R.ll W ., to the Section Comer of Sections 27, and 28.

thence westerly on the north boundary of Section 28, T.SN., R.ll W., to the Section Comer of Sections 28, and 29.

thence westerly on the north boundary of Section 29, T.SN., R.llW., to the Section Comer of Sections 29, and 30.

thence westerly on the north boundary of Section 30, T.SN., R.ll W., to the NW Corner ofSection30, on the Range Line, T.SN., R.llW., and T.SN., R.l2W.

thence:southerly on the Range Line, west boundary of Section 30, T.SN., R.ll W., and T.SN., R.12W., to the Section Comer of Sections 30, and 31.

3 October 2014

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thence southerly on the Range Line, west boundary of Section 31, T.5N., R.llW., and T.5N., R.l2W.to the Township Line, Section Comer of Sections 6, and 31.

· thence southerly on the Range Line west boundary of Section 6, T.4N., R.ll W., and T.SN., R.12W., to the NE corner of Section l Line on the Township Line T.4N., R.l2W.

thence westerly on the north boundary of Section 1, T.4N., R.12W., to the Section Comer ofSections 1, and 2.

thence westerly on the north boundary of Section 2, T.4N., R.12W., to the Section Comer of Sections 2, and 3.

thence westerly on the north boundary of Section 3, T.4N., R.12W., to the Section Comer of Sections 3, and 4.

thence westerly on the north boundary of Section 4, T.4N ., R.l2W., to the Section Comer of Sections 4, and S.

thence southerly between Sections 4 and S, T.4N., R.l2W., to the Section Corner of Sections 4, 5, 8, and 9.

thence westerly between Sections 5 and 8, T.4N., R.12W., to the Section Comer of Sections 5, 6, 7, and 8.

thence westerly between Sections 6 and 7, T.4N., R.12W., to the Range Line T.4N., R.l2W., and T.4N., R.l3W., Section Comer of Sections 6, and 7.

thence southerly on the Range Line, west boundary of Section 7, T.4N., R.l2W., to the Section Corner of Sections 7, and 18.

thence southerly on the Range Line, west boundary of Section 18, T.4N., R.l2W., to the Section Comer of Sections 13, and 24, T.4N., R.13W.

thence westerly between Sections 13 and 24, T.4N., R.13W., to the Section Comer of Sections 13, 14, 23, and 24.

thence westerly between Sections 14 and 23, T.4N., R.13W., to the Section Comer of Sections 14, 15, 22, and 23.

thence westerly between Sections 15 and 22, T.4N., R.13W., to the Section Comer of Sections 15, 16, 21, and 22.

thence westerly between Sections 16 and 21, T.4N., R.13W., to the Section Corner of Sections 16, 17, 20, and 21.

4 October 2014

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thence northerly between Sections 16 and 17, T.4N., R.l3W., to the Section Comer of Sections 8, 9, 16, and 17.

thence westerly between Sections 8 and 17, T.4N., R.13W., to the Section Comer of Sections 7,. 8, 17, and 18.

thence westerly between Sections 7 and 18, T.4N., R.13W., to the Range Line, Section Comer of Sections 7, 12, 13, and 18, T.4N., R.l3W., and T.4N., R.l4W.

thence westerly between Sections 12 and 13, T.4N., R.l4W., to the Section Comer of Sections 11, 12, 13, and 14.

thence northerly between Sections 11 and 12, T.4N., R.13W., to the S 1/16 of Sections 11 and 12.

thence westerly along the east-west 1/16 1h south centerline of said Section 11 to the S 1116 of Sections 10 and 11, T.4N., R.13W.

thence southerly between Sections 10 and 11, T .4N ., R.l4W ., to the Section Comer of Sections 10, 11, 14,and 15.

thence southwesterly between Sections 10 and 15, T.4N., R.14W., to the 1/4 Section Comer of Sections 10, and 15.

thence westerly between Sections 10 and 15, T.4N., R.14W., to the Section Comer of Sections 9, 10, 15, and 16.

thence southerly between Sections 15 and 16, T.4N., R.l4W., to 1/4 Section Comer of Sections 15, and 16.

thence westerly along the east-west centerline of said Section 16, T.4N., R.l4W., to the 114 Section Comer of Sections 16 and 17;

thence westerly along the east-west centerline of said Section 17, TAN., R.14 W., to the 1/4 Section Comer of Sections 17 and 18;

thence southerly between Sections 17 and 18, T.4N., R.14W., to the Section Comer of Sections 17, 18, 19, and 20.

thence westerly between Sections 18 and 19, T.4N., R.l4W., to the Range Line, Section CornerofSections 18, and 19.

thence southerly on the Range Line, west boundary of Section 19, T.4N., R.l4W., to the Section Corner of Sections 19 and 30.

5 October 2014

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thence southerly on the Range Line, west boundary of Section 30, T.4N., R.14W., to the Section Corner of Sections 30 and 31.

thence southerly on the Range Line, west boundary ofSection 31, T.4N., R.14W., to the Township Line, Section Comer of Sections 6 and 31, T.4N., R.l4W., and T.3N., R.14W.

thence generally southerly approximately 0.50 miles to a point 200 feet northerly of Sand Canyon Road, located near the 114 Comer of Section 6 only, T.3N.,R.l4W.

thence generally southeasterly approximately 1.0 miles, parallel, northeasterly 200 feet of Sand Canyon Road, located near the CN 1/16 Corner of Section 7, T.3N.,R.14W.

thence generally southwesterly approximately 0.30 miles, parallel, northeasterly 200 feet of Sand Canyon Road to the intersection of Santa Clara Divide Road, parallel, 200ft. northerly of Santa Clara Road.

thence generally northeasterly to easterly approximately 1.0 mile, parallel, northwesterly 200 feet of said Santa Clara Divide Road to a point 200 feet easterly of the centerline of Santa Clara Divide Road, located near the C 1/4 Comer of Section 8, T.3N.,R.l4W.

thence generally northeasterly to easterly, approximately 3.2 miles to a point, parallel, 200feet northerly of the centerline ofSanta Clara Divide Road near Magic Mountain, located near the CW 1/16 Corner of Section 35, T.4N.,R.14W.

thence generally northeasterly, approximately 2.5 miles to a point, parallel, 200 feet northwesterly of U.S. Forest System Road 3Nl7, said point being 100 feet south of the centerline of Pacific Crest Trail, located near the W 1116 Cornet of Sections 30 and 31, T.4N.,R.l3W.

thence continue generally easterly, approximately 2.0 miles para11el, 100ft. south of the centerline ofthe Pacific Crest Trail through Sections 30 and 29, T.4N.,R.13W., located near the Section Corner of Sections 28, 29,32 and 33, T.4N.,R.13W.

thence continue generally southeasterly, approximately 1.5 miles parallel, 100 ft. south of the centerline of the Pacific Crest Trail through Sections 33, T.4N.,R.l3W., located near the Section Corner of Sections 33 and 34, T.4N.,R.13W.

thence continue generally easterly, approximately 6.5 miles parallel, 100ft. south of the centerline of the Pacific Crest Trail through several Sections on both sides of the Township Line, T.4N.,R.l3W., T.3N.,R.l3W., T.4N.,R.12W., T.3N.,R.12W., located near the Section Corner of Sections 3 and 34, T.3N.,R.12W., T.4N.,R.12W.

thence continue generally northeasterly, approximately 2.5 miles parallel, 100ft. south of the centerline of the Pacific Crest Trail through Sections 34, 35 and 26, T.4N.,R.12W., located near the 1/4 Section Corner of Sections 25 and 26, T.4N.,R.l2W.

6 October 2014

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thence continue generally easterly to southeasterly, approximately 1.3 miles parallel, I 00 ft. south of the centerline of the Pacific Crest Trail through Sections 25 and 36, T.4N.,R.l2W., located near the 114 Section Corner of Section 36, T.4N.,R.l2W.

thence westerly roughly 1300 feet to a point 200 feet easterly of the centerline of U.S. Forest System Road 3N19, also known as ''Angeles Forest Highway";

thence generally southwesterly, parallel to and 200 feet southeasterly of said Road 3N19 approximately 0.75 miles to a point 200 feet southeasterly of the centerline ofU.S. Forest System Road 3NI9, located near the 114 Corner of Section 35 and 36, T.4N.,R.12W.

thence generally southerly to southwesterly, parallel to and 200 feet southeasterly of said Road 3N19 approximately 3.75 miles to a point 200 feet easterly ofthe centerline of U.S. Forest System Road 3N19, located near the CN 1/16 Corner of Section 23, T.3N.,R.12W.

thence generally southwesterly, parallel to and 200 feet southeasterly of said Road 3N 19 approximately 2.75 miles to a point 200 feet easterly ofthe centerline of U.S. Forest System Road 3N19,located near the CN 1/16 Corner of Section 33, T.3N.,R.I2W.

thence generally westerly, parallel to and 200 feet southeasterly of said Road 3N 19 approximately 0.50 miles to a point 200 feet easterly of the centerline ofU.S. Forest System Road 3N19,located near theN 1/16 Corner of Sections 32 and 33, T.3N.,R.12W.

thence generally southwesterly, parallel to and 200 feet southeasterly of said Road 3Nl9 approximately 0.15 miles to a point 200 feet easterly ofthe centerline ofU.S. Forest System Road 3Nl9, located near the C-S-NE 1/16 Corner of Section 32, T.3N.,R.l2W.

the~e generally southeasterly, parallel to and 200 feet southeasterly of said Roa!i 3N19 approxilnately 0.75 miles to a point 200 feet easterly ofthe centerline of U.S. Forest System Road 3Nl9, located near the SW 1/16 Comer of Section 33, T.3N.,R.l2W.

thence generally southwesterly, parallel to and 200 feet southeasterly of said Road 3N19 approximately 0.25 miles to a point 200 feet easterly of the centerline ofU.S. Forest System Road 3N19,located near the S-S 1/64 Corner of Sections 32 and 33, T.3N.,RJ2W.

th~ generally northwesterly, parallel to and 200 feet southeasterly of said Road 3N19 ~pptoximately 0.35 miles to a point 200 feet easterly of the centerline ofU.S. Forest ,'$Yitem Road 3Nl9,located near theSE 1116 Corner of Section 32, T.3N.,R.l2W.

~~generally southwesterly, parallel to and 200 feet southeasterly of said Road 3N19 :~~t()Xitn.ately 2.0 miles to a point 200 feet easterly ofthe centerline ofU.S. Forest 'Syst~mRoad 3N19, located near the C 1/4 Corner of Section 16, T.2N.,R.12W.

7 October 2014

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thence generally southeasterly, parallel to and 200 feet southeasterly of said Road 3N 19 approximately 1.75 miles to a point 200 feet easterly of the centerline of U.S. Forest System Road 3N19, located at the junction of Angeles Crest Hwy2.

thence generally southeasterly, parallel to and 200 feet southeasterly of said Hwy 2 approximately 2.0 miles to a point 200 feet easterly of the centerline of Angeles Crest Hwy 2,located near theN 1/16 Comer ofSections 14 and 15, T.2N.,R.l2W.

thence generally northwesterly, parallel to and 200 feet southeasterly of said Hwy 2 approximately 0.50 miles to a point 200 feet easterly of the centerline of Angeles Crest Hwy 2, located near the S 1116 Comer of Sections 10 and 11, T.2N.,R.12W.

thence generally southeasterly, parallel to and 200 feet southeasterly of said Hwy 2 approximately 1.0 miles to a point 200 feet easterly of the centerline of Angeles Crest Hwy 2, located near the C-E 1/16 Comer of Section 14, T.2N.,R.l2W, also near Red Box Station.

thence southeasterly to theW 1/16 Section Comer of Sections 24 and 25, T.2N., R.l2W.

thence easterly to the Range Line, T.2N., R.l2W., and T.2N., R.ll W., Section Comer of Sections 24 and 25, T.2N., R.I2W.

thence southerly along the Range Line to theN 1/16 Section Comer of Section 30, T.2N ., R.llW.

thence easterly along the east-west center-north 1/161h line of Section 30, T.2N., R.ll W., to the NE 1/J 6 Section Comer of said Section 30.

thence southerly along the north-south east 1/161h line of Section 30, T.2N., R.ll W., to the E 1/16 Section Comer of Sections 30 and 31.

thence easterly between Sections 30 and 31 to Section Comer of Sections 29, 30, 31, and 32, T.2N., R.ll W.

thence southerly between Sections 31 and 32 toN 1/16 Section Comer of Sections 31, and 32, T.2N .• R.ll W.

thence easterly along the east-west, center-north 1/161h line of Section 32, T.2N., R.ll W., to theN 1/16 Section Comer of Sections 32 and 33.

thence easterly along the east-west, center-north l/l61h line of Section 33, T.2N., R.ll W., .to theN 1116 Section Comer of Sections 33 and 34.

thence easterly along the east-west, center-north 11161h line of Section 34, T.2N., R.ll W., to the N 1/16 Section Comer of Sections 34 and 35.

8 October 2014

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thence easterly along the east-west, center-north 1/I6th line of Section 35, T.2N., R.ll W., to theN 1/16 Section Corner of Sections 35 and 36.

thence easterly along the east-west center-north l/161h line of Section 36, T.2N., R.ll W., to theN 1/16 Section Corner of Sections 31 and 36, on the Range Line. T.2N., R.ll W., and T.2N., R.IOW.

thence easterly along the east-west, center-north 1/161h line of Section 31, T.2N., R.l OW., to theN 1/16 Section Corner of Sections 31 and 32.

thence southeasterly to the NW 1/16 Section Comer of Section 5, T.IN., R.lOW.

thence southwesterly to the 1/4 Section Corner of Sections 5 and 6, T.l N ., R.1 OW.

thence southeasterly to theW 1/16 Section Corner of Sections 5 and 8, T.lN., R.lOW.

thence southeasterly to the C 1/4 Section Corner of Section 8, T.1N., R.lOW.

thence southeasterly to the 1/4 Section Corner of Sections 17 and 20, T.IN., R.lOW.

thence easterly between Sections 17 and 20, to the Section Comer ofSections 16, 17,20 and 21, T.lN., R.IOW.

thence~terly between Sections 16 and 21, to the Section ComerofSections 15, 16,21 and22, T.IN., R.lOW.

thence easterly between Sections 15 and 22, to the Section Comer of Sections 14, 15,22 and 23, T.lN., R.lOW.

th(mce easterly between Sections 14 and 23, to the Section Corner ofSections 13, 14,23 aftd.24, T.lN.,R.lOW.

thence easterly between Sections 13 and 24, to theW l/16 Section Comer of Sections 13, and 24, T.lN., R.IOW.

thence southerly along the north-south center west 11161h line of Section 24, to the CW 1116 Section Corner of said Section 24, T .1 N ., R.l OW.

thenee westerly along the east-west center line of Section 24, to the 1/4 Section Corner of Sections 23 and 24, T.lN., R.lOW.

thence southerly between Sections 23 and 24, to the S 1/16 Section Comer of Sections 23 and24, T.lN., R.lOW.

tbence easterly along the east-west center south 1/16th line of Section 24, to the CS 1/16 Section Corner of said Section 24, T.1N., R.l OW. 9 October 2014

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thence northerly along the north-south center line of Section 24, to the 1/4 Section Comer of said Sections 13 and 24, T.IN., R.IOW.

thence easterly to the Range Line, Section Comer of Sections 13, 18, 19 and 24, T.lN., R.IOW.,and T.lN., R.9W.

thence easterly between Sections 18 and 19, to the Section Comer of Sections 17, 18, 19 and 20, T.lN., R.9W.

thence easterly between Sections 17 and 20, to the Section Corner of Sections 16, 17, 20 and 21, T.IN., R.9W.

thence easterly between Sections 16 and 21, to the Section Corner of Sections 15, 16, 21 and 22, T.IN., R.9W.

thence southeasterly to the CN 1116 Section Comer of Section 22, T.1N., R.9W.

thence southerly along the north-south center line of Section 22, to the 114 Section Comer of Sections 22 and 27, T.lN., R.9W.

thence southerly along the north-south center line of Section 27, to the C l/4 Section · ComerofSection27, T.lN., R.9W.

thence easterly along the east-west center line of Section 27, to the CE 1/16 Section Comerofsaid Section 27, T.lN., R.9W.

thence northerly along the north-south center east 1/161h line of Section 27, to the E 1I I 6 Section Comer of said Sections.22 and 27, T.IN., R.9W.

thence easterly between Sections 22 and 27, to the Section Corner of Sections 22, 23,26 and 27, T.lN., R.9W.

thence easterly between Sections 23 and 26, to the 1/4 Section Comer of Sections 23 and 26, T.lN., R.9W.

thence southerly along the north-south center line of Section 26, to the CN 1/16 Section Co:merofSections 26, T.lN., R.9W.

thence easterly along the east-westcenter north 1116th line of Section 26, to the NE 1/16 Section Comer of said Section 26, T.IN., R.9W.

thence southeasterly to the 1/4 Section Comer of Sections 25 and 26, T.lN., R.9W.

~~e easterly along the east-west center line of Section 25, to the CW 1/16 Section Cf:>rner of said Section 25, T.lN., R.9W. 10 October 2014

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thence northerly along the north-south center west l/l61h line of Section 25, to theW 1116 Section Comer of said Sections 24 and 25, T.lN., R.9W.

thence easterly to the Range Line, Section Comer of Sections 19, 24, 25 and 30, T.lN., R.9W., and T.lN., R.8W.

thence easterJy between Sections 19 and 30, to the Section Corner of Sections 19, 20, 29 and 30, T.IN., R.8W.

thence northerly between Sections 19 and 20, to the Section Corner of Sections 17, 18, 19 and 20, T. IN., R.8W.

thence easterly between Sections 17 and 20, to the Section Comer of Sections 16, 17, 20 and 21, T.IN., R.8W.

thence easterly between Sections 16 and 21, to the Section Corner of Sections 15, 16, 21 and22, T.lN., R.8W.

thence easterly between Sections 15 and 22, to the Section Corner of Sections 14, 15,22 and 23, T.lN., R.8W.

thence easterly between Sections 14 and 23, to the Section Corner of Sections 13, 14,23 and24, T.lN., R.8W.

thence northerly betwee.n Sections 13 and 14, to the Section Comer of Sections 11, 12, 13 and 14, T.IN., R.8W. .

thence northerly between Sections 11 and 12, to the Section Comer of Sections 1, 2, 11 and 12, T.IN., R.8W.

thence northerly between Sections land 2, to the Township Line, T.lN., R.8W., and T.2N., R.8W., Section Corner of Sections 1, 2, 35 and 36.

thence northerly between Sections 35 and 36, to the Section Comer of Sections 25, 26, 35 and 36, T.2N., R.8W.

thence northerly between Sections 25 and 26, to the Section Comer of Sections 23, 24,25 and 26, T.2N., R.8W.

thence easterly between Sections 24 and 25, to theE 1/16 Section Comer of Sections 24 and25, T.2N., R.8W.

thence northeasterly and northwesterly along the contour line of 5200 ft. approximately 0.40 mile to a point.

11 October 2014

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thence northeasterly approximately 0.30 mile to a point, said point located near the 14 Section Corner of Sections 19 and 24 on the Range line T.2N., R.8W., and T.2N., R.7W.

thence easterly approximately 0.50 mile to a point, point located near the C 114 Section CornerofSection 19, T.2N., R.7W.

thence northeasterly approximately 0.60 mile to a point, point located near the Section Corner of Sections 17, 18, 19 and 20, T.2N., R.7W. ·

thence northeasterly approximately 1.2 miles to a point, point located near the EW 1164 Section Corner of Sections 8 and 17, T.2N., R.7W.

thence northeasterly approximately 0.50 mile to a point, point located near the C 1/4 Section Corner of Section 8, T.2N., R.7W.

thence northwesterly approximately 0.50 mile to a point at 8200 ft. elevation near Gold Ridge Mine, point located near the CNNW 1/16 Section Corner of Section 8, T.2N., R.7W.

thence northerly 330ft. along the 8200 ft. elevation contour to theW l/16 Section Corner of Sections 5 and 8, T.2N., R.7W., boundary in common with the Angeles and San Bernardino National Forest.

thence easterly between Sections 5 and 8, to the Section Corner of Sections 4, 5, 8 and 9, T.2N., R.7W., boundary in common with the Angeles and San Bernardino National Forest.

thence northerly between Sections 4 and 5 to point on Devils Backbone., boundary in common with the Angeles and San Bernardino National Forest.

thence easterly along Devils Backbone, approximately 0.75 mile to a point, point located near WE 1/64 Section Corner of Sections 4 and 9, T.2N., R.7W., boundary in common with the Angeles and San Bernardino National Forest.

thence southeasterly approximately 0.40 mile to a point near BM 7802 ft. near Mt. Baldy Notch., boundary in common with the Angeles and San Bernardino National Forest.

thence easterly approximately 660 ft. to the CW 1/16 Section Corner ofSection 10, T.2N., R.7W., boundary in common with the Angeles and San Bernardino National Forest.

thence enter the San Bernardino National Forest easterly along the east-west center line of Section 10 (Cucamonga Wilderness Boundary), to the 1/4 Section Corner of Sections lOand I l, T.2N., R.7W.,

12 October 2014

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thence northerly between Sections 10 and 11, along Cucamonga Wilderness Boundary, to the Section Corner of Sections 2, 3, 10 and 11, T.2N., R.7W.

thence southwesterly approximately 350 ft. to center of Coldwater Creek. thence northwesterly approximately 400ft. to a point 100 feet southerly of the centerline of Baldy Road (dirt road).

thence generally northeasterly, parallel to and 100 feet southeasterly of said Baldy Road approximately 0.60 mile to a point, located near the CE 1/16 Comer of Section 3, T.2N.,R.7W.

thence generally northwesterly, parallel to and 100 feet southeasterly of said Baldy Road approximately 0. 70 mile to a point at the intersection of Baldy Road and unnamed road I 00 feet southwesterly of centerline, located near the 1/4 Comer of Section 3, T.2N.,R.7W., near Stockton Flat.

thence generally southwesterly, parallel to and 100 feet southeasterly of said unnamed Road approximately 0.55 mile to a point, located near theN 1116 Corner of Sections 3 and 4, T.2N.,R.7W.

thence southwesterly approximately 0.40 mile in a drainage to a point, locate near the C 1/4 Section Comer of Section 4.

thence northeasterly approximately 0.75 mile, to the southeast comer of the Sheep Mountain Wilderness Boundary, located near the S 1/16 Section Comer of Sections 33 and 34, T.2N.,R.7W.,

thence northerly between Sections 33 and 34 approximately 0.60 mile to the top of a ridge, along said Sheep Mountain Wilderness Boundary.

thence northwesterly along the ridge approximately 0.50 mile to a knob, along said Sheep Mountain Wilderness Boundary.

thence northerly to a branch of the North Fork Drainage approximately 0.60 mile, located near the C l/4 Section Comer of Section 28, T.3N.,R.7W., along said Sheep Mountain Wilderness Boundary.

thence northwesterly along a gradual ridge line approximately 0.60 mile to a knob at 7898 ft. elevation {benchmark), located near the CSSW 1116 Section Comer of Section 20, T.3N.,R.7W., along said Sheep Mountain Wilderness Boundary.

thence northwesterly approximately 0.40 mile, parallel, 100ft. north of the center of the Pacific Crest Trail at approximate elevation 8176 ft. (benchmark).

October 2014

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thence generally northwesterly, approximately 2.5 miles, parallel, 100ft. north of centerline of the Pacific Crest Trail through Sections 18, 19 and 20, T.3N.,R.7W., to the Range Line of Sections, in between Sections 13 and 18.

thence continue generally northwesterly, approximately 1.3 miles parallel, 100ft. north of the centerline of the Pacific Crest Trail through Section 13, T.3N.,R.8W., to the Section line of 13 and 14, T.3N.,R.8W.

thence northerly between Sections 13 and 14, T.3N.,R.8W., to the Point Of Beginning.

Containing approximately 346176 acres of land, more or less.

The boundary calls listed herein are not a result of a survey on the ground.

14 October 2014

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[FR Doc. 2014–24849

Filed 10–16–14; 8:45 am] Billing code 3410–10–C

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Executive Order 13679 of October 10, 2014

Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Au- thority and Its Locomotive Engineers Represented by the Brotherhood of Locomotive Engineers and Trainmen

A dispute exists between the Southeastern Pennsylvania Transportation Au- thority (SEPTA) and its Locomotive Engineers represented by the Brotherhood of Locomotive Engineers and Trainmen (BLET). The dispute has not heretofore been adjusted under the provisions of the Railway Labor Act, as amended, 45 U.S.C. 151–188 (RLA). A first emergency board to investigate and report on this dispute and disputes involving other SEPTA employees represented by other labor organizations was established on June 15, 2014, by Executive Order 13670 of June 14, 2014. The emergency board terminated upon issuance of its report. Subse- quently, its recommendations were not accepted by the parties to this dispute. A party empowered by the RLA has requested that the President establish a second emergency board pursuant to section 9A of the RLA (45 U.S.C. 159a). Section 9A(e) of the RLA provides that the President, upon such request, shall appoint an emergency board to investigate and report on the dispute. NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States, including section 9A of the RLA, it is hereby ordered as follows: Section 1. Establishment of Emergency Board (Board). There is established, effective 12:01 a.m. eastern daylight time on October 13, 2014, a Board of three members to be appointed by the President to investigate and report on this dispute. No member shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. The Board shall perform its functions subject to the availability of funds. Sec. 2. Report. Within 30 days after the creation of the Board, the parties to the dispute shall submit to the Board final offers for settlement of the dispute. Within 30 days after the submission of final offers for settlement of the dispute, the Board shall submit a report to the President setting forth its selection of the most reasonable offer. Sec. 3. Maintaining Conditions. As provided by section 9A(h) of the RLA, from the time a request to establish a second emergency board is made until 60 days after the Board submits its report to the President, no change in the conditions out of which the dispute arose shall be made by the parties to the controversy, except by agreement of the parties.

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Sec. 4. Records Maintenance. The records and files of the Board are records of the Office of the President and upon the Board’s termination shall be maintained in the physical custody of the National Mediation Board. Sec. 5. Expiration. The Board shall terminate upon the submission of the report provided for in section 2 of this order.

THE WHITE HOUSE, October 10, 2014.

[FR Doc. 2014–24851 Filed 10–16–14; 8:45 am] Billing code 3295–F5

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Rules and Regulations Federal Register Vol. 79, No. 201

Friday, October 17, 2014

This section of the FEDERAL REGISTER and is empowered to include or exclude available staffing authorities to meet the contains regulatory documents having general employees on the basis of the nature needs of their workload, rather than applicability and legal effect, most of which and type of their employment or changing staffing models in light of this are keyed to and codified in the Code of conditions pertaining to their rule. Federal Regulations, which is published under appointments, including the duration of One commenter was concerned that 50 titles pursuant to 44 U.S.C. 1510. the appointment. OPM proposed this certain agencies with large seasonal The Code of Federal Regulations is sold by modification in a notice of proposed workforces will be affected more than the Superintendent of Documents. Prices of rulemaking on July 29, 2014. The others that do not use seasonal hiring new books are listed in the first FEDERAL proposed rule had a 30 day comment authorities. OPM recognizes that this is REGISTER issue of each week. period during which OPM received 100 true, but continues to believe that this comments. coverage change is consistent with the Federal government’s role as a model OFFICE OF PERSONNEL Responses to Comments on the Proposed Rule employer. MANAGEMENT One commenter was concerned that OPM received comments from the money saved by increasing 5 CFR Part 890 individual members of the public, retirement contributions of new RIN 3206–AM86 Federal employees, Federal agencies, permanent staff will be spent on new Federal shared service providers, tribal benefits for temporary employees. The Federal Employees Health Benefits organizations, and public employee changes in retirement benefits is Program Modification of Eligibility to unions. The majority of the comments independent of this rulemaking, which Certain Employees on Temporary were positive. Many members of the OPM believes is the best way to align Appointments and Certain Employees public, Federal employees, and their access to health benefits across different on Seasonal and Intermittent families expressed appreciation for the classes of workers. Schedules coverage changes. This rule would Two commenters raised concerns create a more even playing field for about whether seasonal Federal AGENCY: Office of Personnel similarly situated employees. employees could afford FEHB Management. Some Federal agencies expressed premiums. It is important to note that concern about the effect on the budget ACTION: Final rule. these newly eligible employees will of this coverage change, stating they receive the same government SUMMARY: The United States Office of may revisit their staffing models (such contribution as currently eligible Personnel Management (OPM) is issuing as hiring a different mix of temporary, Federal employees. OPM believes that a final rule to modify eligibility for seasonal, and intermittent staff) to enrollment under the Federal accommodate the rule change. OPM the government contribution to FEHB is Employees Health Benefits (FEHB) recognizes that agencies will have to sufficient. Program to certain temporary, seasonal, budget for FEHB government OPM received numerous questions and intermittent employees who are contributions for those newly eligible from Federal entities, including identified as full-time employees. This employees who elect to participate. agencies and shared service providers, final rule follows a notice of proposed OPM also recognizes that agencies may about implementation of the proposed rulemaking published July 29, 2014. reconsider staffing arrangements in light rule. These question topics included This regulation will allow newly of this rule change. OPM continues to timing, necessary system changes, eligible Federal employees to enroll no believe that this coverage change is division of responsibilities between the later than January 2015. consistent with the Federal agency and shared service provider, and government’s role as a model employer. identification of newly eligible DATES: This final rule is effective employees. These matters are important November 17, 2014. One commenter suggested that newly eligible temporary, seasonal, and for implementation, but are outside the FOR FURTHER INFORMATION CONTACT: intermittent employees receive a lower scope of this regulation and will be Marguerite Martel, Senior Policy government contribution than is handled in forthcoming OPM guidance. Analyst at (202) 606–0004. available to currently eligible A commenter asked if those SUPPLEMENTARY INFORMATION: OPM is employees. OPM understands that such temporary, seasonal, and intermittent modifying eligibility for coverage under a change would lessen the regulation’s employees who separate from service the Federal Employees Health Benefits impact on agency budgets. However, would be eligible for the 31-day (FEHB) Program to certain temporary, OPM’s goal is to make affordable health continuation of coverage that is seasonal, and intermittent Federal insurance more widely available to full- available to other FEHB enrollees when employees who are expected to work a time employees and therefore declines eligibility terminates. The answer is yes: full-time schedule, which is generally to lower the government contribution. the 31-day continuation of coverage will based on the definition of full-time Several commenters raised concerns be available to the enrollee on the same employee under section 4980H of the that employing agencies may limit terms as it is for other FEHB enrollees. Internal Revenue Code (IRC), for at least appointments to fewer than 90 days or One commenter asked if FEHB 90 days. limit work hours to fewer than 130 coverage under this proposal would Pursuant to 5 U.S.C. 8913(b), OPM hours in a month to avoid providing qualify toward the 5-year continuous has broad authority to prescribe the health insurance to temporary, seasonal, coverage requirement prior to conditions under which employees are and intermittent employees. OPM retirement. FEHB coverage for these eligible to enroll in the FEHB program believes employing agencies will use newly eligible employees will count

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toward the requirement that Federal limited to a modification of FEHB dental and vision insurance, long-term retirees maintain FEHB coverage for 5 eligibility for certain temporary, care insurance, and health care flexible years before retirement in order to seasonal, and intermittent employees spending accounts to temporary, continue FEHB enrollment into and thus this clarification is outside the seasonal, and intermittent Federal retirement. Note that employees scope of this rule. employees. These suggestions are carrying FEHB into retirement must also One commenter raised a concern outside the scope of this rule. be eligible to participate in a qualifying regarding employees who work 15 or One commenter proposed a different retirement plan. This FEHB rule does fewer hours per week because they can organizational structure for the not change any employee’s eligibility to receive a full Government contribution regulations. OPM believes our original participate in a qualifying retirement to FEHB rather than the pro-rated share construction is satisfactory and declines program. available to those working from 16 to 32 to make the suggested change. Two commenters asked about the IRC hours per week. This is governed by One commenter suggested that OPM section 6056 requirements for large definitions in the Federal Employee’s clarify that FEHB coverage will begin on employers to report on availability of Part-Time Career Employment Act, the first day of employment for these health insurance to full-time employees. which is outside the scope of this rule. newly eligible employees. For most new Those requirements fall outside the Several commenters pointed out that employees, coverage is effective on the scope of this rule. OPM plans to issue the definition of a full-time employee in first day of the first pay period after the guidance to Federal agencies and IRC section 4980H is different from the employee submits enrollment payroll providers on IRC section 6056 definition in the Federal Employee’s paperwork. This will be the same for reporting in a separate communication. Part-Time Career Employment Act of new employees included in this One commenter asked about whether 1978. OPM is aware of these differing coverage modification. For those who this modification would apply to statutory definitions of part-time and are currently employed as a temporary, students and interns working for full-time, but it is outside the scope of seasonal, or intermittent employee, this Federal agencies. Consistent with this regulation to change these rule becoming effective will serve as a current policy, a paid student or intern definitions. qualifying life event (QLE) and coverage who meets the criteria for coverage will Several commenters asked whether will become effective according to the be eligible to enroll in an FEHB plan. FEHB government contributions would existing rules for QLEs. One commenter asked about whether be pro-rated for these newly eligible Several commenters expressed Special Assistant United States employees working between 16 and 32 concern that the projected January 2015 Attorneys (SAUSAs) would be included. hours per week, as they are for implementation date does not allow To the extent that a SAUSA works in a permanent employees. The Federal sufficient time for the system changes to pay status meeting the criteria for Employee’s Part-Time Career capture, track, and monitor the data coverage, the SAUSA will be eligible to Employment Act excludes temporary necessary for this change. Some enroll in an FEHB plan. and intermittent employees from the suggested a more delayed implementation schedule. OPM Suggestions To Amend the Proposed definition of ‘‘part-time employment.’’ Rule As such, agencies are not authorized to recognizes the challenges in pro-rate government contributions for implementation and is committed to OPM received nearly identical newly eligible temporary or intermittent work with agencies and payroll comments from several tribal employees. providers on implementation organizations expressing concern with One commenter suggested that the challenges. The rule is intended to be the proposed language at § 890.301(k) 130 hour per calendar month full-time effective no later than January 2015. that would allow certain non-Federal standard be converted to a biweekly pay Changes From Proposed Rule government entities to request a waiver period standard, since many Federal from the changes in this rule. The agencies use a bi-weekly pay period OPM has made several changes to this proposed rule language stated that such rather than a month for purposes of pay final rule. The proposed rule used a a waiver would be granted at the sole and timekeeping. OPM assumes that modified version of the term ‘‘regularly discretion of the OPM Director if the agencies will continue to use their scheduled administrative workweek,’’ non-Federal employer demonstrates that current methods of pay period-based which already has a different meaning the modification would interfere with timekeeping. The 130 hour per month in other parts of title 5, Code of Federal the employer’s self-governance. These standard in OPM’s proposed rule is Regulations. As such, this final comments requested that waivers generally consistent with definitions regulation eliminates that term and should be automatic and without pre- and methodology outlined in IRS instead refers to ‘‘the total hours in pay conditions for Tribal employers. OPM rulemaking under IRC section 4980H.1 status (including overtime hours) plus recognizes that Tribal governments are Agencies will be responsible for qualifying leave without pay hours.’’ sovereign and that tribes have the best implementing this rule as appropriate This new language should avoid understanding of their governmental, for their systems and therefore OPM confusion with existing regulatory employment, and financial needs. OPM believes a regulatory change is not terms. has taken that into account in this final necessary. This final rule clarifies in rule-making with respect to the change Several commenters suggested that § 890.102(j)(3) that an employee in coverage and has modified OPM should extend other Federal enrolled under 890.103(j) will be § 890.301(k) regarding tribal employers. employee health benefits that do not eligible to remain enrolled in FEHB Several tribal organizations also have a government contribution, such as unless the employee exceeds 365 days requested that OPM clarify the in nonpay status. This clarification application of the common law 1 Note that under IRC section 4980H final aligns enrollment rules for this newly employee standard to tribal employers. regulations, a different hour of service monthly eligible population with rules for This common law employee standard is equivalency will apply for an employer using the existing FEHB enrollees. weekly rule available under the monthly used to determine which employees of measurement method to determine full-time One commenter stated that proposed tribal employers may be eligible to employee status. See 26 CFR 54.4980H–1(a)(21)(iii) § 890.102(j)(1)(ii) is confusing. The enroll in FEHB. The proposed rule was and 54.4980H–3(c)(3). proposed provision read ‘‘If the

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employing office expects the employee working on seasonal schedules for less employment are already eligible for to work for fewer than 90 days, the than 6 months in a year and those FEHB coverage but without a employee will be eligible to enroll after working intermittent schedules are Government contribution to premium. the completion of a 90 day waiting excluded from eligibility regardless of This final rule allows these employees period.’’ Accordingly, OPM has the work hours for which they are to enroll in a FEHB plan under 5 CFR amended it to state ‘‘If the employing expected to be scheduled. Some limited 890.102(j) (with a Government office expects the employee to work for exceptions were made to these contribution to premium) if the fewer than 90 days and the employee exclusions for temporary firefighters employee is determined by his or her actually works for fewer than 90 days, and emergency response workers in 5 employing office to be newly eligible for the employee will generally be CFR 890.102(h) and (i). FEHB coverage under this regulation. Under this final regulation, non-Postal ineligible to enroll in FEHB because the Enrollments for employees newly employees on temporary appointments, employee will not be employed at the eligible pursuant to this rule will be non-Postal employees on seasonal end of the waiting period applicable to accepted during a 60-day period after schedules who will be working less than these employees. However, if the the employing office notifies employees expectation changes and the employee six months per year, and non-Postal of their eligibility to enroll in a FEHB is expected to work for 90 days or more, employees working intermittent health plan. Coverage will become that individual is eligible to enroll upon schedules will be eligible to enroll in a effective as provided for by 5 CFR notification by the employing office, but FEHB health plan if the employee is 890.301. Employing offices must enrollment (including the effective date expected to work a full-time schedule of promptly determine eligibility of new of coverage) must be no later than the 130 or more hours in a calendar month. and current employees and upon end of the waiting period ending on the If the employing office expects the determining eligibility, promptly offer 91st day after the first day of employee to work at least 90 days, the employees an opportunity to enroll in employment.’’ employee is eligible to enroll upon OPM received several comments notification of the employee’s eligibility the FEHB Program so that coverage suggesting changes to how this by the employing office. If the becomes effective no later than January modification would affect non-career employing office expects the employee 2015. United States Postal Service (USPS) to work fewer than 90 days, that While this final regulation modifies employees. OPM understands that the individual is considered to be in a 90 FEHB coverage for certain categories of USPS currently offers affordable day waiting period and is generally Federal employees, there are other employer provided health benefits ineligible to enroll (because the employers who are entitled to purchase coverage, separate and apart from FEHB individual will not be employed at the FEHB coverage for their own employees for a majority of its full-time non-career end of the waiting period). If the or whose employees are otherwise employees, and is working toward expectation changes to at least 90 days, entitled to enroll in FEHB coverage. implementing this coverage for the rest the employee will be eligible to enroll These other employers may have made of these employees. OPM further upon notification from the employing or are planning to make other understands that the category of USPS office, but no later than the 91st day of arrangements to provide health employees referred to as full-time non- employment. Temporary, seasonal, and insurance for their temporary, seasonal, career employees generally corresponds intermittent employees who are and intermittent employees. to the category of employees affected by expected to work a schedule of less than Accordingly, the OPM Director may the modification of FEHB eligibility 130 hours in a calendar month will not waive application of this final rule under this final rule. Because the terms be eligible to enroll in a FEHB health when the employer of an individual not and conditions of employment for the plan. Temporary, seasonal, and covered by 5 U.S.C. 8901(1)(A) class of employees that is affected by intermittent employees for whom the demonstrates to OPM that this rule’s this rule already includes, or is expectation of hours of employment requirements would have an adverse anticipated to soon include, an offer of changes from less than 130 hours per impact on the employer’s ability to affordable employer provided health calendar month to 130 hours or more effectively manage its workforce. We benefits coverage, OPM has exempted per calendar month would become expect such instances to be rare. Tribal USPS employees from this final rule. eligible to enroll in an FEHB health plan employers participating in FEHB may OPM received a comment that use of upon notification from the employing waive application of this final rule the phrase ‘‘employer’s need for self- office. simply by notifying OPM. governance’’ as a justification for waiver This final rule allows newly eligible of paragraph (j) was confusing. OPM has employees (employees on an Regulatory Flexibility Act changed this phrase to ‘‘employer’s appointment limited to 1 year and I certify that this regulation will not need to manage its workforce.’’ employees working on a seasonal or intermittent schedule) to initially enroll have a significant economic impact on Provisions of the Final Rule under the FEHB program with a a substantial number of small entities This final rule modifies eligibility by Government contribution to premium if because the regulation only adds to the authorizing enrollment in a FEHB they are expected to be employed on a list of groups eligible to enroll under the health plan for certain non-Postal full-time schedule and are expected to FEHB Program. Federal employees on temporary work for at least 90 days. Those Executive Orders 13563 and 12866, appointments and certain non-Postal expected to work fewer than 90 days Regulatory Review employees working on seasonal and will be considered in a 90 day waiting intermittent schedules. Currently, most period and therefore ineligible to enroll OPM has examined the impact of this employees on temporary appointments (because the individual will not be rule as required by Executive Order become eligible for FEHB coverage after employed at the end of the waiting 12866 on Regulatory Planning and completing 1 year of current continuous period), unless that expectation changes Review (September 30, 1993) and employment and, once eligible for during the 90 days. Executive Order 13563 on Improving coverage, do not receive an employer Some temporary employees who have Regulation and Regulatory Review contribution to premium. Employees completed 1 year of continuous (January 18, 2011).

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Baseline FEHB Eligibility and Federal and all months of the year, our data government of well below the threshold Government Employer Shared indicate that there are 300,000 full-time for economic significance, which is Responsibility (as defined in IRC section 4980H) $100 million. This final rule would modify employee-months currently ineligible The premium payments newly made eligibility to enroll in a FEHB plan to for FEHB (0.9 to 2 percent of the Federal by the Federal government are certain temporary, seasonal, and workforce). appropriately categorized as costs to The Federal government and its intermittent employees who are society if rule-induced increases in agencies are subject to employer shared identified as working full-time. In order FEHB enrollment would be associated responsibility under IRC section 4980H to estimate rule-induced impacts, it is with providing additional medical like other applicable large employers. necessary to assess the number of full- services to newly-enrolled individuals. The employer shared responsibility time Federal employees who are not To the extent that increases in payments only apply if a full-time currently eligible to participate in the enrollment do not change how society employee (generally defined as an FEHB program or are not currently uses its resources, then premium employee with 130 hours of service in eligible to have the government pay a payments by the government would a month) receives a premium tax credit portion of their premium, and thus may instead be transfers between members of in connection with the purchase of be affected by the final rule. society. Recipients of these transfers health insurance through an Exchange. The following categories of Federal could include newly-enrolled We do not know whether the Federal employees are either excluded by individuals, if they would have paid (or full-time employees not yet eligible for regulation from participating in the paid more) for medical services or for FEHB would, in the absence of this rule, FEHB Program or are not currently health insurance premiums in the be eligible for premium tax credits in eligible to have the government pay a absence of the rule, or providers and connection with coverage purchased on portion of their premium: charities, if the effect of the rule is a an Exchange because we lack • Temporary employees with less decrease in uncompensated care. information on other available sources than a year of service. Per OPM We lack exact data to quantify rule- of health coverage or household income. regulations, most of these individuals induced public health benefits or to Even in the extremely unlikely case that are not eligible to enroll in FEHB. In refine our estimates of costs and all 300,000 full-time employee-months 2012 OPM published a regulation transfers. without FEHB did receive a premium extending FEHB eligibility to certain tax credit in connection with coverage Federalism temporary firefighters and some purchased on an Exchange, the total We have examined this rule in personnel performing emergency assessable payment incurred by the accordance with Executive Order 13132, response functions. Federal agencies would be well below • Seasonal employees. Seasonal Federalism, and have determined that the threshold, set by Executive Order employees working six months or fewer this rule will not have any negative 12866, for economic significance, which are generally prohibited by regulation impact on the rights, roles and is $100 million.2 from enrolling in FEHB. responsibilities of State, local, or tribal governments. • Intermittent employees. Intermittent Impacts of the Final Rule employees are generally prohibited by Agencies may incur additional FEHB List of Subjects in 5 CFR Part 890 regulation from enrolling in FEHB. In costs; a rough quantification of these Administrative practice and 2012, however, OPM published a potential costs appears below. procedure, Government employees, regulation extending FEHB eligibility to We do not know how many Health facilities, Health insurance, certain intermittent employees engaged individuals without an offer of FEHB, Health professions, Hostages, Iraq, in emergency response and recovery which varies widely from month to Kuwait, Lebanon, Military personnel, work. month, would enroll in FEHB if it were Reporting and recordkeeping • Temporary employees with more available. Our similar recent regulations requirements, Retirement. than a year of service. Per statute, these changing FEHB coverage to certain U.S. Office of Personnel Management. employees can enroll in an FEHB plan temporary firefighters and disaster if they pay the entire premium with no recovery workers resulted in very Katherine Archuleta, Government contribution. limited take-up, ranging from Director. OPM has worked with Federal payroll approximately 10 to 20 percent. We For the reasons set forth in the providers to assess how many full-time estimate, using enrollment-weighted preamble, OPM is amending title 5, non-Postal Federal employees are averages, that FEHB coverage currently chapter I, Code of Federal Regulations without access to FEHB. The data show costs the government about $700 per as follows: that all responding executive agencies full-time worker per month for affected PART 890—FEDERAL EMPLOYEES have a small number of full-time agencies.3 Given this average cost HEALTH BENEFITS PROGRAM employees (as defined in Section 4980H estimate, if those currently without of the IRC) without access to FEHB. The FEHB eligibility become eligible and the number without access varies from ■ 1. The authority citation for Part 890 portion of newly eligible employees continues to read as follows: agency to agency. Within agencies, the who enroll is between 10 and 20 number varies from month to month. percent, this modification would Authority: 5 U.S.C. 8913; Sec. 890.301 also Some large departments hire full-time generate costs to the Federal issued under sec. 311 of Pub. L. 111–03, 123 temporary or seasonal employees only Stat. 64; Sec. 890.111 also issued under section 1622(b) of Pub. L. 104–106, 110 Stat. for a few months of the year. 2 The relevant employer payment would be $250 The agencies included in our data, in 521; Sec. 890.112 also issued under section per month (or $3,000 per year), as indexed, only for 1 of Pub. L. 110–279, 122 Stat. 2604; 5 U.S.C. those full-time employees who receive a premium aggregate, offer FEHB to at least 95 8913; Sec. 890.803 also issued under 50 percent of full-time employees (as tax credit in connection with coverage purchased on an Exchange. U.S.C. 403p, 22 U.S.C. 4069c and 4069c–1; defined in IRC section 4980H) (and their 3 This estimate includes FEHB premium subpart L also issued under sec. 599C of Pub. dependents) for all months. Across payments but not administrative costs to employing L. 101–513, 104 Stat. 2064, as amended; Sec. civilian, non-Postal, executive agencies agencies. We lack data to quantify the latter. 890.102 also issued under sections 11202(f),

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11232(e), 11246 (b) and (c) of Pub. L. 105– service, receives a new appointment (in The revision and addition read as 33, 111 Stat. 251; and section 721 of Pub. L. which case eligibility will be follows: 105–261, 112 Stat. 2061. determined by the rules applicable to ■ 2. Section 890.102 is amended by the new appointment), or exceeds 365 § 890.301 Opportunities for employees who are not participants in premium adding paragraphs (j) and (k) to read as days in nonpay status in accordance conversion to enroll or change enrollment; follows: with § 890.303(e) (subject to extension, effective dates. if applicable, for qualifying leave § 890.102 Coverage. * * * * * without pay as defined at paragraph (h) Change in employment status or * * * * * (j)(4) of this section). entitlement to Government contribution. (j)(1) Notwithstanding paragraphs (4) For purposes of this paragraph (j), (c)(1), (2), and (3) of this section, a non- *** ‘‘qualifying leave without pay hours’’ (4) * * * Postal employee working on a means hours of leave without pay for temporary appointment, a non-Postal (ii) A change in entitlement to purposes of taking leave under the Government contribution as a result of employee working on a seasonal Family and Medical Leave Act, for schedule of less than 6 months in a year, becoming eligible for coverage under performance of duty in the uniformed § 890.102(j). or a non-Postal employee working on an services under the Uniformed Services intermittent schedule, for whom the Employment and Reemployment Rights * * * * * employing office expects the total hours Act of 1994, 38 U.S.C. 4301 et seq., for [FR Doc. 2014–24652 Filed 10–14–14; 11:15 am] in pay status (including overtime hours) receiving medical treatment under BILLING CODE 6325–63–P plus qualifying leave without pay hours Executive Order 5396 (Jul. 7 1930), and to be at least 130 hours per calendar for periods during which workers month, is eligible to enroll in a health compensation is received under the NUCLEAR REGULATORY benefits plan under this part as follows: COMMISSION (i) If the employing office expects the Federal Employees Compensation Act, 5 U.S.C. chapter 81. employee to work at least 90 days, the 10 CFR Part 50 employee is eligible to enroll upon (5) Each temporary employee who is notification of the employee’s eligibility initially eligible for FEHB coverage on [NRC–2013–0053] the basis of this paragraph (j) is entitled by the employing office, and RIN 3150–AJ18 (ii) If the employing office expects the to enroll in accordance with employee to work for fewer than 90 § 890.301(a). A temporary employee Definition of a Utilization Facility days and the employee actually works who is currently eligible under 5 U.S.C. for fewer than 90 days, the employee 8906a (with no Government AGENCY: Nuclear Regulatory will generally be ineligible to enroll in contribution) but who is not enrolled on Commission. FEHB because the employee will not be November 17, 2014, and who would ACTION: Direct final rule. employed at the end of the waiting also meet eligibility requirements on the SUMMARY: The U.S. Nuclear Regulatory period applicable to these employees. basis of paragraph (j), is entitled to Commission (NRC) is amending its However, if the expectation changes and enroll (with a Government contribution) regulations to add SHINE Medical the employee is expected to work for 90 on the basis of paragraph (j) in Technologies, Inc.’s (SHINE) proposed days or more, that individual is eligible accordance with § 890.301(h)(4)(ii). A accelerator-driven subcritical operating to enroll upon notification by the temporary employee who is enrolled assemblies to the NRC’s definition of a employing office, but enrollment under 5 U.S.C. 8906a (with no ‘‘utilization facility.’’ In 2013, SHINE (including the effective date of coverage) Government contribution) on November submitted a two-part construction must be no later than the end of the 17, 2014, and who would also meet permit application for a medical waiting period ending the 91st day after eligibility requirements on the basis of radioisotope production facility that the first day of employment. paragraph (j), is entitled to change (2) An employee working on a enrollment (with a Government SHINE proposes to build in Janesville, temporary appointment, an employee contribution) on the basis of paragraph Wisconsin. The proposed accelerator- working on a seasonal schedule of less (j) in accordance with driven subcritical operating assemblies, than 6 months in a year, or an employee § 890.301(h)(4)(ii). to be housed in SHINE’s irradiation working on an intermittent schedule for (k) The Director, upon written request facility, would be used to produce whom the employing office expects the of an employer of employees other than molybdenum-99 (Mo-99), a radioisotope total hours in pay status (including those covered by 5 U.S.C. 8901(1)(A), used in medical imaging and other overtime hours) plus qualifying leave may, in his or her sole discretion, waive radioisotopes used for medical without pay hours to be less than 130 application of paragraph (j) of this purposes. This rule allows NRC staff to hours per calendar month is generally section to its employees when the conduct an efficient and effective ineligible to enroll in a health benefits employer demonstrates to the Director licensing review of the SHINE plan under this part. If the expectation that the waiver is necessary to avoid an construction permit application and any of hours of employment changes to 130 adverse impact on the employer’s need subsequent operating license hours or more per month for a non- to manage its workforce. However, a application. Postal employee, that employee is Tribal employer participating under 25 DATES: This final rule is effective eligible to enroll in a health benefits U.S.C. 1647b may provide a written December 31, 2014, unless a significant plan under this part as described in notification to the Director that it has adverse comment is received by paragraph (j)(1)(i) of this section. chosen not to apply paragraph (j) of this November 17, 2014. If the rule is (3) Once an employee is enrolled section for its workforce. withdrawn as a result of such under this paragraph (j), eligibility will ■ 3. Amend § 890.301 as follows: comments, timely notice of the not be revoked, regardless of his or her ■ a. Revise the heading of paragraph withdrawal will be published in the actual work schedule or employer (h).b. Redesignate paragraph (h)(4) as Federal Register. Comments received expectations in subsequent years, unless paragraph (h)(4)(i). after this date will be considered if it is the employee separates from Federal ■ c. Add paragraph (h)(4)(ii). practical to do so, but the NRC is able

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to ensure consideration only for G. Who has jurisdiction over the ineffective or unacceptable without comments received on or before this accelerator? incorporation of the change or addition. date. H. Why is 10 CFR part 70 not appropriate (3) The comment causes the NRC staff to review or license the SHINE to make a change (other than editorial) ADDRESSES: Please refer to Docket ID irradiation units? to the rule. NRC–2013–0053 when contacting the I. Who will this action affect? For detailed instructions on J. What is the reason for the change? NRC about the availability of submitting comments, please see the information for this direct final rule. K. Why is a direct final rule appropriate? L. Will the NRC issue guidance for this companion proposed rule published in You may access publicly-available the Proposed Rule section of this issue information related to this direct final rule? IV. Discussion of Amendments by Section of the Federal Register. rule by any of the following methods: • V. Regulatory Flexibility Certification II. Background Federal Rulemaking Web Site: Go to VI. Regulatory Analysis http://www.regulations.gov and search VII. Backfitting and Issue Finality By letters dated February 14, 2011, for Docket ID NRC–2013–0053. Address VIII. Plain Writing and May 3, 2011,1 SHINE notified the questions about NRC dockets to Carol IX. Environmental Assessment and Finding NRC of its intent to submit applications Gallagher; telephone: 301–287–3422; of No Significant Environmental Impact to construct, and operate, a medical email: [email protected]. For X. Paperwork Reduction Act Statement isotope production facility. SHINE’s technical questions, contact the XI. Congressional Review Act medical isotope production facility XII. Compatibility of Agreement State individual listed in the FOR FURTHER Regulations would include an irradiation facility INFORMATION CONTACT section of this XIII. Voluntary Consensus Standards and a radioisotope production facility document. housed in a single building, and is • NRC’s Agencywide Documents I. Procedural Background proposed to be built in Wisconsin, an Access and Management System Because the NRC considers this action Agreement State. (ADAMS): You may obtain publicly- to be non-controversial, the NRC is The SHINE preliminary safety available documents online in the using the ‘‘direct final rule process’’ for analysis report (PSAR) 2 states that the ADAMS Public Documents collection at this rule. The amendment to the rule irradiation facility consists of eight http://www.nrc.gov/reading-rm/ will become effective on December 31, irradiation units. Each irradiation unit is adams.html. To begin the search, select 2014. However, if the NRC receives a an accelerator-driven subcritical ‘‘ADAMS Public Documents’’ and then significant adverse comment on this operating assembly and, would be used select ‘‘Begin Web-based ADAMS direct final rule by November 17, 2014, for the irradiation of a uranium 3 Search.’’ For problems with ADAMS, then the NRC will publish a document solution. The irradiation would result please contact the NRC’s Public that withdraws this action and will in the production of Mo-99 and other Document Room (PDR) reference staff at subsequently address the comments fission products. Based on initial 1–800–397–4209, at 301–415–4737, or received in a final rule. A companion discussions with SHINE prior to the by email to [email protected]. The proposed rule published in the submission of its application, the NRC ADAMS accession number for each Proposed Rule section of this issue of staff understood that the proposed document referenced (if it is available in the Federal Register will serve as the irradiation units were not nuclear ADAMS) is provided the first time that basis for the final rule, if it is necessary. reactors as defined in § 50.2 of Title 10 it is mentioned in the SUPPLEMENTARY Absent significant modifications to the of the Code of Federal Regulations (10 INFORMATION section. proposed amendments requiring CFR). The NRC staff believed that the • NRC’s PDR: You may examine and republication, the NRC will not initiate irradiation units, including the purchase copies of public documents at a second comment period on this action. accelerators, were an integral part of the the NRC’s PDR, Room O1–F21, One A significant adverse comment is a radioisotope production facility. White Flint North, 11555 Rockville comment where the commenter Therefore, the NRC staff believed that Pike, Rockville, Maryland 20852. explains why the rule would be the SHINE irradiation units and FOR FURTHER INFORMATION CONTACT: inappropriate, including challenges to radioisotope production facility could Steven Lynch, Office of Nuclear Reactor the rule’s underlying premise or be jointly licensed under the third part Regulation; telephone: 301–415–1524; approach, or would be ineffective or of the production facility definition email: [email protected]; U.S. unacceptable without a change. A found in 10 CFR 50.2. Based on these Nuclear Regulatory Commission, comment is significant and adverse if it assumptions, the NRC staff relayed to Washington, DC 20555–0001. meets the following criteria: (1) The comment opposes the rule and 1 Letter from Gregory Piefer, Ph.D., SHINE, to Mr. SUPPLEMENTARY INFORMATION: John Kinnemann, Office of Nuclear Material Safety provides a reason sufficient to require a and Safeguards (NMSS), ‘‘Notice of Intent to Submit Table of Contents substantive response in a notice-and- License Application, Request for Regulatory I. Procedural Background comment process. For example, a Interpretations, and Request for Public Meetings,’’ II. Background substantive response is required when: dated February 14, 2011 (ADAMS Accession No. ML110490138); and Letter from Gregory Piefer, III. Discussion (a) The comment causes the NRC staff Ph.D., SHINE, to Mr. John Kinnemann, NMSS, A. What action is the NRC taking? to reevaluate (or reconsider) its position ‘‘Updated Request for Regulatory Interpretations,’’ B. What is the purpose of the direct final or conduct additional analysis; dated May 3, 2011 (ADAMS Accession No. rule? (b) The comment raises an issue ML11138A220), respectively. C. What is the NRC’s authority to make this serious enough to warrant a substantive 2 PSAR, Chapter 4—Irradiation Unit and rule change? response to clarify or complete the Radioisotope Production Facility Description (May D. Why are the SHINE irradiation units not 31, 2013) (ADAMS Accession No. ML13172A265). record; or 3 SHINE’s preliminary safety analysis report considered production facilities? (c) The comment raises a relevant E. Why do the SHINE irradiation units not describes each irradiation unit containing uranium fit the current definition of a utilization issue that was not previously addressed solution as ‘‘. . . an accelerator-driven subcritical or considered by the NRC staff. operating assembly used for the irradiation of an facility? aqueous uranyl sulfate target solution, resulting in F. Why should the SHINE irradiation units (2) The comment proposes a change the production of molybdenum-99 (Mo-99) and be licensed as 10 CFR part 50 utilization or an addition to the rule, and it is other fission products.’’ (ADAMS Accession No. facilities? apparent that the rule would be ML13172A265).

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the Commission on May 11, 2012, that production facility nor functionally irradiation units, as well as expedite the no rulemaking was required to license independent as production facilities. NRC staff’s technical review of the SHINE’s proposed medical isotope Moreover, the irradiation units cannot SHINE construction permit application. production facility.4 be licensed as utilization facilities D. Why are the SHINE irradiation units In 2012, the NRC staff published because they do not meet the current not considered production facilities? interim staff guidance (ISG) 5 to augment definition in 10 CFR 50.2. As currently NUREG–1537, ‘‘Guidelines for defined in 10 CFR 50.2, a utilization The NRC has determined that Preparing and Reviewing Applications facility is a nuclear reactor, and SHINE’s irradiation units are not for the Licensing of Non-Power irradiation units are not nuclear reactors integral to the operation of the Reactors.’’ The ISG noted that a because they are not designed or used radioisotope production facility. In subcritical multiplier reaction vessel to sustain nuclear fission in a self- addition, the irradiation units do not containing special nuclear material supporting chain reaction. Therefore, meet any of the existing definitions of (SNM), similar to the irradiation units the current 10 CFR part 50 regulations production facility in the AEA or in 10 proposed by SHINE, could be licensed governing licensing of production and CFR 50.2; therefore, they cannot be as a production facility pursuant to 10 utilization facilities do not apply to licensed as production facilities. CFR part 50.6 Based on the guidance SHINE’s irradiation facility or Pursuant to Section 11v. of the AEA, provided in the ISG, on March 26, 2013, irradiation units.8 the Commission has determined by rule and May 31, 2013, SHINE submitted a However, the NRC staff maintains its in 10 CFR 50.2 that three types of two-part construction permit initial position that SHINE’s facilities constitute production facilities. application for a production facility as radioisotope production facility is First, ‘‘production facility’’ is defined as defined in 10 CFR 50.2.7 SHINE’s analogous to a ‘‘production facility’’ and any nuclear reactor designed or used application describes its proposed therefore should be licensed under 10 primarily for the formation of medical isotope production facility as CFR part 50. Specifically, the plutonium or uranium-233. The including two distinct operations: (1) radioisotope production facility is a proposed irradiation units do not meet The irradiation of SNM in eight facility designed or used for the this definition because they are not irradiation units in the irradiation processing of irradiated materials nuclear reactors designed or used facility and (2) the extraction of containing SNM and does not meet any primarily for the formation of radioisotopes in the radioisotope of the exceptions found in the definition plutonium or uranium-233. Rather, the production facility. From this of production facility in 10 CFR 50.2. irradiation units are designed and used description, the NRC staff recognized primarily to fission uranium for the that the irradiation units could be III. Discussion production of fission products. distinct and separate from the A. What action is the NRC taking? Additionally, in contrast to nuclear radioisotope production facility. reactors, the proposed irradiation units The NRC is amending its regulations Therefore, the NRC staff no longer are designed to operate in the subcritical to add SHINE’s accelerator-driven believes that the irradiation units can be regime, and are not designed or used to subcritical operating assemblies licensed pursuant to 10 CFR 50.2 as sustain a self-supporting chain reaction. described in the application assigned production facilities since the Second, ‘‘production facility’’ is docket number 50–608 to the definition irradiation units are neither integral to defined as any facility designed or used of utilization facility in 10 CFR 50.2. the operation of the radioisotope for the separation of the isotopes of B. What is the purpose of the direct final plutonium. SHINE’s proposed 4 Transcript of NRC Briefing on Potential Medical rule? irradiation units do not meet this Isotope Production Licensing Actions, pages 55–56, definition because they are designed to 61–62 (May 11, 2012) (ADAMS Accession No. The purpose of the direct final rule is irradiate a uranium solution, not ML121370084). to add SHINE’s accelerator-driven separate the isotopes of plutonium. 5 NUREG–1537, ‘‘Final Interim Staff Guidance subcritical operating assemblies to the Third, ‘‘production facility’’ is Augmenting NUREG–1537, Part 1, ‘Guidelines for definition of utilization facility in 10 Preparing and Reviewing Applications for the defined as any facility designed or used Licensing of Non-Power Reactors: Format and CFR 50.2. This change will allow the for the processing of irradiated materials Content,’ for Licensing Radioisotope Production NRC staff to review and, if approved, containing SNM. While ‘‘processing,’’ as Facilities and Aqueous Homogeneous Reactors,’’ license the irradiation units housed in used in the definition of production October 17, 2012 (ADAMS Accession No. SHINE’s irradiation facility under the ML12156A069). facility, is not defined in the 6 The ISG noted that a ‘‘subcritical multiplier regulations in 10 CFR part 50. regulations, the NRC staff does not reaction vessel containing SNM by definition is not C. What is the NRC’s authority to make consider processing to include the a nuclear reactor because it cannot sustain a chain this rule change? irradiation and fission of materials, reaction. It may be included in a 10 CFR part 50 whether the material was irradiated production facility license as an assembly Section 11cc. of the Atomic Energy containing SNM that is authorized for use in previously or not, containing SNM. conjunction with the production facility.’’ ISG page Act of 1954, as amended (AEA), Given the similarities between the iv. specifies that the Commission may treatment of SHINE’s target solution and 7 See Letter from R. Vann Bynum, Ph.D., SHINE, determine by rule what constitutes a the fuel in existing power and non- to NRC dated March 26, 2013 (ADAMS Accession utilization facility. The licensing power reactors, the NRC staff does not No. ML13088A192). This transmittal letter is in a requirements for utilization facilities are document package (ADAMS Accession No. consider the irradiation units’ function ML130880226), which includes part one of SHINE’s in 10 CFR part 50. This rulemaking will to constitute the processing of irradiated application, consisting of portions of the PSAR, resolve any licensing uncertainty materials. For example, all fuel in specifically Chapter 2, Site Characteristics and concerning the applicable regulations existing utilization facilities, including Chapter 19, Environmental Report (ER). for licensing the construction and See also Letter from R. Vann Bynum, Ph.D., both power and non-power reactors, SHINE, to NRC dated May 31, 2013 (ADAMS potential operation of the SHINE undergoes irradiation and fission, Accession No. ML13172A361). A document beginning with its first use to start-up a package consisting of a public version of all 19 8 See 10 CFR 50.1, ‘‘Basis, purpose, and chapters of SHINE’s PSAR (with proprietary procedures applicable’’ (defining scope of 10 CFR reactor. Furthermore, it is common information redacted) is also available in ADAMS, part 50 to include only the licensing of production practice in existing utilization facilities Accession No. ML13172A324. and utilization facilities). to offload irradiated fuel from the

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reactor core for refueling outages and thermal power level comparable to non- material in a quantity that is of maintenance. When it is time to refuel power reactors typically licensed under significance to the common defense and the reactor following an outage or 10 CFR part 50 as utilization facilities.9 security or in a manner that affects the maintenance, much of the irradiated Given this fission power, the irradiation health and safety of the public. fuel is returned to the reactor core for units also have many safety Therefore, it would be within the continued irradiation and fission. This considerations similar to those of non- Commission’s authority to designate the treatment of reactor fuel is analogous to power reactors, including the following: SHINE irradiation units, by rule, as SHINE’s treatment of its target solution. • Provisions for removal of fission utilization facilities. Following irradiation, SHINE offloads heat during operation. G. Who has jurisdiction over the the target solution from the irradiation • Consideration of decay heat accelerator? units. The target solution is then generation after shutdown. transferred to SHINE’s radioisotope • Reactivity feedback mechanisms Because the accelerator is integral to production facility for a period of time similar to non-power reactors. the operation of the irradiation unit, and • before it is returned to the irradiation Control of fission gas release during the Commission must retain authority units for continued irradiation and operation and subsequent gas and responsibility with respect to management engineering safety features. regulation of the entire utilization fission. • Since all existing power and non- Control of radiolytic decomposition facility per Section 274c.(1) of the AEA, power reactors are regulated as of water and generated oxygen and the Commission has jurisdiction over hydrogen gases. the accelerator. utilization facilities, it is clear that • continuing to irradiate and fission Control of fission product inventory The NRC staff has engaged with the buildup. state of Wisconsin regarding licensing of previously irradiated reactor fuel does • not constitute the processing of Accident scenarios similar to non- the SHINE irradiation units because an irradiated materials containing SNM, power reactors, such as loss of coolant, accelerator that is not part of an NRC otherwise all existing reactors would be reactivity additions, and release of licensed facility might be regulated classified as production facilities per 10 fission products. under state law. Based on the NRC Although SHINE’s proposed CFR 50.2. Consequently, based on the staff’s informal discussions with irradiation units closely resemble non- NRC staff’s assessment, SHINE’s Agreement State counterparts, the NRC power reactors, which are licensed as proposed irradiation units cannot be staff does not expect the state of utilization facilities under 10 CFR part considered production facilities. Wisconsin to object to the rule or 50, the irradiation units cannot licensing review process for the SHINE E. Why do the SHINE irradiation units currently be licensed as utilization construction permit application. not fit the current definition of a facilities because they are not nuclear utilization facility? reactors. Therefore, while 10 CFR part H. Why is 10 CFR part 70 not appropriate to review or license the SHINE’s proposed irradiation units do 50 would be appropriate to apply from SHINE irradiation units? not meet the current definition of a a technical and licensing review process utilization facility because the units do standpoint, the irradiation units cannot The NRC staff considered whether it not, singly or collectively sustain be licensed as utilization facilities under should review SHINE’s irradiation units nuclear fission in a self-supporting the current regulations. under 10 CFR part 70, ‘‘Domestic chain reaction. As a result, the NRC staff The NRC staff believes, however, that Licensing of Special Nuclear Material,’’ concluded that the current regulatory based on the safety considerations which regulates the issuance of licenses definition of utilization facility does not associated with operation of the to receive title to, own, acquire, deliver, apply to the irradiation units, and they irradiation units, the NRC should define receive, possess, use, and transfer SNM. cannot currently be licensed as and license each of the irradiation units From a regulatory perspective, 10 CFR utilization facilities as defined in 10 as a utilization facility. Section 11cc. of part 70 could be applied because SHINE CFR 50.2. the AEA provides that the Commission will acquire, receive, possess, use, and may determine what a utilization transfer SNM. The requirements of 10 F. Why should the SHINE irradiation facility is by rule.10 Section 11cc. of the CFR part 70, subpart H, ‘‘Additional units be licensed as 10 CFR part 50 AEA provides that a utilization facility Requirements for Certain Licensees utilization facilities? is any equipment or device determined Authorized To Possess a Critical Mass of The premise of the SHINE technology by rule of the Commission to be capable Special Nuclear Material,’’ could also be is that the irradiation units will not be of making use of special nuclear applied because SHINE will possess a operated such that the effective neutron critical mass of SNM, and will engage in 9 multiplication factor (keff) is greater than Non-power reactors currently licensed to an activity that could significantly affect or equal to 1.0, a range for which operate by the NRC range in thermal power from public health and safety. 5 watts to 20 megawatts. In the past, the NRC has nuclear reactors are designed, analyzed, licensed 12 aqueous homogeneous reactors (AHRs) The facilities conducting the types of and licensed to operate safely. Instead, with thermal power levels ranging from 5 watts to activities typically regulated under 10 the irradiation units will only operate in 50 kilowatts. An AHR is similar to the SHINE target CFR part 70, generally referred to as fuel a minimally subcritical range of k . To solution vessel in that both contain fissile material cycle facilities, have a common eff in an aqueous solution; the difference is that the operate safely within this margin of target solution vessel has insufficient fissile objective of avoiding criticality by subcriticality, the irradiation units are material to support a sustained chain reaction. maintaining a significant margin from designed with several features of a 10 Likewise, the Commission may by rule define criticality under normal operating and nuclear reactor except that, by design, what constitutes a production facility, AEA Section accident conditions. Specifically, 10 11v. The Commission has previously used the the target solution vessels have rulemaking process to amend its definition of CFR 70.61(d) calls for ‘‘. . . use of an insufficient reactivity to sustain a chain production facility. See Licensing of Production approved margin of subcriticality for reaction. and Utilization Facilities (21 FR 355; January 19, safety.’’ SHINE’s irradiation units have In addition, the accelerator and 1956), Definition of Production Facility (26 FR a proposed routine operating margin of 4989, 4990; June 6, 1961), and Exemption for neutron multiplier add sufficient Facilities Processing Irradiated Materials subcriticality of less than what has been external neutrons to the target solution Containing Limited Quantities of Special Nuclear previously approved for other 10 CFR vessel to achieve a fission rate with a Material (39 FR 4871; February 8, 1974). part 70 licensees. This operating state

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more closely resembles the effective 50 is the most appropriate regulation to units currently described in its PSAR, neutron multiplication factor of nuclear apply to the licensing of the SHINE the rule would no longer apply to reactors than fuel cycle facilities.11 irradiation units. SHINE, and the NRC staff would pursue SHINE states that its proposed margin of K. Why is a direct final rule an alternative licensing approach. subcriticality is needed to carry out appropriate? As previously explained, because the efficient production of Mo-99, and irradiation units are similar to non- proposes to control reactivity through The NRC believes that a direct final power reactors, the NRC staff finds the administrative and engineered controls, rule is appropriate for the following including careful control of the amount reasons: 10 CFR part 50 regulations most of SNM initially placed in the target 1. From a health and safety standpoint appropriate to apply in the review of solution vessels. Also, in order to the requirements in 10 CFR part 50 are this proposed technology. To limit the operate safely at SHINE’s proposed the most appropriate for the licensing scope of this rulemaking, the NRC staff margin of subcriticality, the irradiation and technical review of the proposed is recommending that this rule be made units are designed with inherent irradiation units. applicable to only the SHINE facility. A 2. Designating each proposed negative reactivity feedback generic rulemaking has potential for irradiation unit, by rule, as a utilization mechanisms similar to those of nuclear unintended consequences on the facility is within the Commission’s reactors. Because SHINE proposes to regulation of other licensees. Expansion authority under the AEA. of the definition of utilization facility operate each irradiation unit in a 3. The proposed irradiation units generically could result in inclusion of manner similar to a nuclear reactor, the share many characteristics of non-power NRC staff has determined that it would reactors, which are licensed as technologies appropriately regulated by be most appropriate to use the utilization facilities under 10 CFR part Agreement States or under 10 CFR part regulations contained in 10 CFR part 50 50. 70 within the regulatory scope of 10 to perform its technical review of the 4. SHINE has submitted a CFR part 50, which would reduce the irradiation units. construction permit application that NRC’s regulatory efficiency. I. Who will this action affect? contains the majority of regulatory By identifying 10 CFR part 50 as the information required of utilization The direct final rule will apply only licensing framework to review and facilities. evaluate the irradiation units in the to the irradiation units proposed by 5. The proposed rulemaking only SHINE under docket number 50–608. SHINE construction permit application, affects the irradiation units proposed by this rulemaking would clarify the This rulemaking will affect SHINE by SHINE under docket number 50–608. bringing the licensing of its proposed The NRC staff is using a direct final appropriate regulatory requirements facility, including both its irradiation rule because it considers this governing SHINE’s requested licensing facility and radioisotope production rulemaking to be non-controversial, it action for the applicant; interested facility, entirely within the regulations does not expect to receive significant members of the public; federal, state, of 10 CFR part 50. As a result of this adverse comments, and using the direct Tribal, and local government rulemaking, the NRC will have final rule process would allow the representatives; and other interested exclusive jurisdiction over the SHINE rulemaking to proceed in the most stakeholders. Additionally, in alignment facility, including the licensing and efficient manner. The direct final rule is with the objectives of the American oversight of the accelerators associated expected to be non-controversial Medical Isotopes Production Act of with the irradiation units. Since because the NRC has the authority 2012, this rulemaking will provide the Agreement States typically regulate under the AEA to define what most efficient and effective pathway to accelerators, the direct final rule will constitutes a utilization facility; reviewing and, if approved, licensing also affect the state of Wisconsin. The interested parties, including SHINE, SHINE’s proposed irradiation units and rulemaking will not impact the public’s have not objected to discussions and will support the national effort to opportunity to comment or participate published guidance proposing licensing establish a reliable domestic supply of in a hearing on the pending SHINE under 10 CFR part 50. Additionally, the Mo-99 utilizing low enriched uranium construction permit application or, if rule does not affect the ability of the technologies. submitted, any future operating license public to comment and request a application. hearing on the application; and the L. Will the NRC issue guidance for this J. What is the reason for the change? inclusion of SHINE’s docket number as rule? well as a description of the SHINE The rulemaking will allow the NRC irradiation unit technology limits the No, the NRC does not plan to issue staff to conduct its licensing review of applicability of the rule to SHINE’s guidance specific to this rule. The the proposed SHINE irradiation units proposed irradiation units, ensuring no guidance provided in NUREG–1537 following regulations designed for impact to other existing or future (ADAMS Accession No. ML12251A353), technologies with similar radiological, facilities. If, in the future, any applicant NUREG–1520 (ADAMS Accession No. health, and safety considerations. While proposes a technology similar to ML101390110), and the Final Interim the proposed irradiation units do not SHINE’s irradiation units,12 the Staff Guidance Augmenting NUREG– currently fit the 10 CFR part 50 Commission would consider that 1537 (ADAMS Accession No. definitions of production or utilization application on a case-by-case basis, and ML12156A069) is sufficient to support facilities, it is within the NRC’s assign a distinct docket number to each the review of SHINE’s construction authority under the AEA to determine application. Should SHINE propose a permit application under the regulations by rule that the SHINE irradiation units technology other than the irradiation in 10 CFR part 50. However, the NRC are utilization facilities. The staff is preparing a revision to NUREG– Commission has found that 10 CFR part 12 At this time, the NRC staff does not anticipate 1537, which will incorporate the receiving any other applications for medical 11 PSAR, Chapter 4—Irradiation Unit and radioisotope production facilities that would content of the ISG, including any Radioisotope Production Facility Description (May propose a technology similar to SHINE’s irradiation necessary corrections. 31, 2013) (ADAMS Accession No. ML13172A265). units.

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IV. Discussion of Amendments by VIII. Plain Writing XII. Compatibility of Agreement State Section Regulations The Plain Writing Act of 2010 (Pub. Section 50.2 Definitions L. 111–274) requires Federal agencies to Under the ‘‘Policy Statement on write documents in a clear, concise, and Adequacy and Compatibility of The definition for utilization facility well-organized manner. The NRC has Agreement State Programs’’ approved by will be changed to add: An accelerator- written this document to be consistent the Commission on June 30, 1997, and driven subcritical operating assembly with the Plain Writing Act as well as the published in the Federal Register (62 used for the irradiation of materials Presidential Memorandum, ‘‘Plain FR 46517; September 3, 1997), this rule containing special nuclear material and Language in Government Writing,’’ is classified as compatibility ‘‘NRC’’. described in the application assigned published June 10, 1998 (63 FR 31883). Compatibility is not required for docket number 50–608. Category ‘‘NRC’’ regulations. The NRC IX. Environmental Assessment and Authority Citation program elements in this category are Finding of No Significant those that relate directly to areas of The authority citation for 10 CFR part Environmental Impact regulation reserved to the NRC by the 50 is being revised to include Section 11 The Commission has determined Atomic Energy Act or the provisions of of the AEA because Subsection 11cc. under the National Environmental 10 CFR, and though an Agreement State provides the Commission’s authority to Policy Act of 1969, as amended, and the may not adopt program elements add to, or otherwise alter, the definition Commission’s regulations in subpart A reserved to the NRC, it may wish to of utilization facility. In addition, minor of 10 CFR part 51, that this rule would inform its licensees of certain editorial changes were made to the not be a major Federal action requirements via a mechanism that is authority citation. significantly affecting the quality of the consistent with a particular State’s V. Regulatory Flexibility Certification human environment, and therefore, an administrative procedure laws, but does environmental impact statement is not not confer regulatory authority on the Under the Regulatory Flexibility Act required. The rule changes the State. (5 U.S.C. 605(b)), the Commission definition of utilization facility to XIII. Voluntary Consensus Standards certifies that this rule does not have a include the SHINE irradiation units for significant economic impact on a the purposes of facilitating the licensing The National Technology Transfer substantial number of small entities. review of one proposed facility. The and Advancement Act of 1995 (Pub. L. The direct final rule will impact one rule will not affect radiological or non- 104–113), requires that Federal agencies applicant for a construction permit, who radiological releases, nor will it affect use technical standards that are may subsequently apply for an occupational or public exposure. The developed or adopted by voluntary operating license. Although this determination of this environmental consensus standards bodies unless the company falls within the scope of the assessment is that there will be no use of such a standard is inconsistent definition of ‘‘small entities’’ set forth in significant offsite impact to the public with applicable law or otherwise the Regulatory Flexibility Act or the size from this action. impractical. In this direct final rule, the standards established by the NRC (10 NRC will revise the definition of CFR 2.810), the rule is intended to The NRC has prepared a final utilization facility found in 10 CFR 50.2 facilitate NRC staff review of the Environmental Assessment and Finding to include the proposed SHINE company’s construction permit of No Significant Impact (ADAMS irradiation units. This action does not application and subsequent operating Accession No. ML14052A097). constitute the establishment of a license application. X. Paperwork Reduction Act Statement standard that establishes generally applicable requirements. VI. Regulatory Analysis This direct final rule affects only one List of Subjects in 10 CFR Part 50 The NRC has prepared a final entity and therefore is not subject to the regulatory analysis (ADAMS Accession requirements of the Paperwork Antitrust, Classified information, No. ML14052A115) on this regulation. Reduction Act of 1995 (44 U.S.C. 3501 Criminal penalties, Fire protection, The analysis examines the costs and et seq.). Intergovernmental relations, Isotopes, benefits of the alternatives considered Public Protection Notification Medical isotopes, Molybdenum-99, by the NRC. Nuclear materials, Nuclear power plants The NRC may not conduct or sponsor, and reactors, Radiation protection, VII. Backfitting and Issue Finality and a person is not required to respond Reactor siting criteria, Reporting and The NRC has determined that the to a request for information or an recordkeeping requirements, Utilization backfit rule, 10 CFR 50.109, and the information collection requirement facility. unless the requesting document issue finality provisions in 10 CFR part For the reasons set out in the displays a currently valid Office of 52, and the backfitting provisions in 10 preamble and under the authority of the Management and Budget control CFR 70.76, 72.62, or 76.76 do not apply Atomic Energy Act of 1954, as amended; number. to this direct final rule because the only the Energy Reorganization Act of 1974, affected entity, SHINE, is currently an XI. Congressional Review Act as amended; and 5 U.S.C. 552 and 553, applicant for a construction permit. the NRC is adopting the following These backfitting and issue finality This is a rule of particular amendments to 10 CFR part 50. provisions, with exceptions not applicability and, as such, this action is applicable here, do not apply to not a rule as defined in the PART 50—DOMESTIC LICENSING OF applicants. For these reasons, the NRC Congressional Review Act (5 U.S.C. PRODUCTION AND UTILIZATION did not prepare either a backfit analysis 801–808). Therefore, the NRC is not FACILITIES or documentation addressing issue required to submit a rule report finality provisions in 10 CFR part 52 for regarding this action under Section 801 ■ 1. The authority citation for 10 CFR this direct final rule. of the Congressional Review Act. part 50 is revised to read as follows:

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Authority: Atomic Energy Act secs. 11, election cycle. The Commission is light of certain language from the 102, 103, 104, 105, 147, 149, 161, 181, 182, taking this action in light of the McCutcheon decision. 183, 186, 189, 223, 234 (42 U.S.C. 2014, 2132, Supreme Court’s recent decision in The Commission is taking this action 2133, 2134, 2135, 2167, 2169, 2201, 2231, McCutcheon v. FEC, which held that the without advance notice and comment 2232, 2233, 2236, 2239, 2273, 2282); Energy because it falls under the ‘‘good cause’’ Reorganization Act secs. 201, 202, 206 (42 aggregate contribution limits are U.S.C. 5841, 5842, 5846); Nuclear Waste unconstitutional. The Commission is exception of the Administrative Policy Act sec. 306 (42 U.S.C. 10226); accepting comments on these revisions Procedure Act (‘‘APA’’), 5 U.S.C. Government Paperwork Elimination Act sec. to its regulations. 553(b)(B). The revisions set forth herein 1704 (44 U.S.C. 3504 note); Energy Policy Act DATES: Effective October 17, 2014. are necessary to conform the of 2005, Pub. L. 109–58, 119 Stat. 194 (2005). Comments must be received on or Commission’s regulations to the Section 50.7 also issued under Pub. L. 95– before November 17, 2014. Supreme Court’s holding that the 601, sec. 10, as amended by Pub. L. 102–486, statutory aggregate limits are ADDRESSES: All comments must be in sec. 2902 (42 U.S.C. 5851). Section 50.10 also unconstitutional. See McCutcheon, 134 issued under Atomic Energy Act secs. 101, writing. Comments may be submitted electronically via the Commission’s S. Ct. at 1442. Because this action does 185 (42 U.S.C. 2131, 2235); National not involve any Commission discretion Environmental Policy Act sec. 102 (42 U.S.C. Web site at sers.fec.gov, reference REG or policy judgments, notice and 4332). Sections 50.13, 50.54(d), and 50.103 2014–01. Commenters are encouraged to comment are unnecessary. 5 U.S.C also issued under Atomic Energy Act sec. 108 submit comments electronically to 553(b)(B), (d)(3). A pre-publication (42 U.S.C. 2138). ensure timely receipt and consideration. notice and comment period would also Alternatively, comments may be Sections 50.23, 50.35, 50.55, and 50.56 also be contrary to the public interest issued under Atomic Energy Act sec. 185 (42 submitted in paper form. Paper because the 2014 election campaigns for U.S.C. 2235). Appendix Q also issued under comments must be sent to the Federal federal office are ongoing, and so the National Environmental Policy Act sec. 102 Election Commission, Attn.: Amy L. delay that would result from such a (42 U.S.C. 4332). Sections 50.34 and 50.54 Rothstein, Assistant General Counsel, period might cause confusion among the also issued under sec. 204 (42 U.S.C. 5844). 999 E Street NW., Washington, DC Sections 50.58, 50.91, and 50.92 also issued public as to the enforceability of the under Pub. L. 97–415 (42 U.S.C. 2239). 20463. All comments must include the regulations addressed below. Section 50.78 also issued under Atomic full name and postal service address of For the same reasons, these revisions Energy Act sec. 122 (42 U.S.C. 2152). a commenter, and of each commenter if fall within the ‘‘good cause’’ exception Sections 50.80–50.81 also issued under filed jointly, or they will not be to the APA’s delayed effective date Atomic Energy Act sec. 184 (42 U.S.C. 2234). considered. The Commission will post provision and the requirements of the ■ 2. In § 50.2, revise the definition of comments on its Web site at the Congressional Review Act. 5 U.S.C. ‘‘utilization facility’’ to read as follows: conclusion of the comment period. 553(d)(3), 808(2). Moreover, because FOR FURTHER INFORMATION CONTACT: Ms. this interim final rule is exempt from § 50.2 Definitions. Amy L. Rothstein, Assistant General the APA’s notice and comment * * * * * Counsel, or Mr. Theodore M. Lutz, procedure under 5 U.S.C. 553(b), the Utilization facility means: Attorney, 999 E Street NW., Commission is not required to conduct (1) Any nuclear reactor other than one Washington, DC 20463, (202) 694–1650 a regulatory flexibility analysis under 5 designed or used primarily for the or (800) 424–9530. U.S.C. 603 or 604. See 5 U.S.C. 601(2), formation of plutonium or U–233; or SUPPLEMENTARY INFORMATION: 604(a). Nor is the Commission required (2) An accelerator-driven subcritical to submit these revisions for Background operating assembly used for the congressional review under FECA. See irradiation of materials containing The Federal Election Campaign Act, 52 U.S.C. 30111(d)(1), (4) (formerly 2 special nuclear material and described 52 U.S.C. 30101–46 (formerly 2 U.S.C. U.S.C. 438(d)(1), (4)) (providing for in the application assigned docket 431–57) (‘‘FECA’’), imposes limits on congressional review when Commission number 50–608. the aggregate amounts that an ‘‘prescribe[s]’’ a ‘‘rule of law’’). Dated at Rockville, Maryland, this 9th day individual may contribute to federal Accordingly, these revisions are of October, 2014. candidates, political parties, and other effective upon publication in the For the Nuclear Regulatory Commission. political committees during a two-year Federal Register. election cycle. 52 U.S.C. 30116(a)(3) Annette L. Vietti-Cook, Explanation and Justification Secretary of the Commission. (formerly 2 U.S.C. 441a(a)(3)). The Commission has implemented FECA’s FECA imposes two types of limits on [FR Doc. 2014–24732 Filed 10–16–14; 8:45 am] aggregate limits in its regulations at 11 the amount that individuals may BILLING CODE 7590–01–P CFR 110.5. contribute in connection with federal On April 2, 2014, the United States elections. The ‘‘base limits’’ restrict how Supreme Court held that the aggregate much an individual may contribute to a FEDERAL ELECTION COMMISSION contribution limits are unconstitutional. particular candidate or political l 11 CFR Part 110 McCutcheon v. FEC, 572 U.S. , 134 S. committee per election or calendar year. Ct. 1434 (2014) (plurality op.). To See 52 U.S.C. 30116(a)(1) (formerly 2 [Notice 2014–11] conform its regulations to the U.S.C. 441a(a)(1)). The ‘‘aggregate McCutcheon decision, the Commission limits’’ restrict the amounts that an Aggregate Biennial Contribution Limits is deleting 11 CFR 110.5 and is making individual may contribute to all AGENCY: Federal Election Commission. technical and conforming changes to 11 candidate committees, political party ACTION: Interim final rule. CFR 110.1(c), 110.14(d) and (g), committees, and other political 110.17(b), and 110.19. In an Advance committees in each two-year election SUMMARY: The Commission is removing Notice of Proposed Rulemaking cycle. See 52 U.S.C. 30116(a)(3) regulatory limits on the aggregate published in today’s Federal Register, (formerly 2 U.S.C. 441a(a)(3)). Under the amounts that an individual may the Commission is separately seeking aggregate limits, as indexed for inflation contribute to federal candidates and comment on whether to begin a in the 2013–14 election cycle, an political committees in each two-year rulemaking to revise other regulations in individual could contribute up to

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$48,600 to candidates and their 11 CFR 110.17 delegate for the purpose of furthering authorized committees, and up to Section 110.17(b) implements FECA’s his or her selection. $74,600 to other political committees, of price index increases for certain * * * * * which no more than $48,600 could be contribution limits, including the (g) Contributions made to and by a contributed to political committees aggregate limits. The Commission is delegate committee. (1) The limitations other than national party committees. deleting both the reference to the ‘‘bi- on contributions to political committees See Price Index Adjustments for annual aggregate contribution under 11 CFR 110.1 and 110.2 apply to Contribution and Expenditure limitation’’ in the title of section contributions made to and by a delegate Limitations and Lobbyist Bundling 110.17(b) and the citation in the text to committee. Disclosure Threshold, 78 FR 8530, 8532 section 110.5. Additionally, at 11 CFR (2) A delegate committee shall report (Feb. 6, 2013). 110.17(b)(1), the Commission is deleting contributions it makes and receives On April 2, 2014, the Supreme Court the citation to section 110.5(b)(3). pursuant to 11 CFR part 104. held that the aggregate contribution * * * * * 11 CFR 110.19 limits at 52 U.S.C. 30116(a)(3) (formerly ■ 5. Revise paragraph (b) introductory 2 U.S.C. 441a(a)(3)) are Section 110.19 provides that, so long text and paragraph (b)(1) of § 110.17 to unconstitutional. See McCutcheon, 134 as certain conditions are satisfied, read as follows: S. Ct. at 1442, 1450–59. Accordingly, minors may make contributions ‘‘that in the Commission is removing the the aggregate do not exceed the § 110.17 Price index increase. regulation at 11 CFR 110.5 that limitations on contributions of 11 CFR * * * * * implements that statutory provision and 110.1 and 110.5.’’ The Commission is (b) Price index increases for is making technical and conforming deleting the citation to 110.5. contributions by persons and political party committees to Senatorial amendments at 11 CFR 110.1(c)(3), List of Subjects in 11 CFR Part 110 110.14(d)(1), 110.14(g)(2), 110.17(b), and candidates. The limitations on 110.19, as explained further below. The Campaign funds, Political committees contributions established by 11 CFR Court’s decision did not affect the base and parties. 110.1(b) and (c) and 110.2(e) shall be limits. See McCutcheon, 134 S. Ct. at For the reasons set out in the increased only in odd-numbered years 1442. preamble, the Federal Election by the percent difference between the Commission amends 11 CFR chapter I, price index, as certified to the 11 CFR 110.1 as follows: Commission by the Secretary of Labor, Section 110.1(c) implements FECA’s for the 12 months preceding the PART 110—CONTRIBUTION AND beginning of the calendar year and the base and aggregate limits on EXPENDITURE LIMITATIONS AND contributions to political party price index for the base period. PROHIBITIONS (1) The increased contribution committees. Current 11 CFR 110.1(c)(3) limitations shall be in effect as provided states that each national political party ■ 1. Revise the authority citation for part in 11 CFR 110.1(b)(1)(ii), 110.1(c)(1)(ii), committee may receive up to the base 110 to read as follows: and 110.2(e)(2). limit from an individual contributor, but Authority: 52 U.S.C. 30101(8), 30101(9), * * * * * ‘‘the limits of 11 CFR 110.5 shall . . . 30102(c)(2), 30104(i)(3), 30111(a)(8), 30116, apply to contributions made by an 30118, 30120, 30121, 30122, 30123, 30124, § 110.19 [Amended] individual’’ to such committees. The and 36 U.S.C. 510. ■ Commission is deleting this reference to 6. Amend § 110.19 introductory text ■ 2. Revise the section heading and the aggregate limits. by removing ‘‘and 110.5’’. paragraph (c)(3) of § 110.1 to read as Dated: October 9, 2014. 11 CFR 110.5 follows: On behalf of the Commission. Section 110.5 directly implements § 110.1 Contributions by persons other Lee E. Goodman, FECA’s aggregate limits, 52 U.S.C. than multicandidate political committees Chairman, (52 U.S.C. 30116(a)(1)). 30116(a)(3) (formerly 2 U.S.C. Federal Election Commission. 441a(a)(3)). The Commission is deleting * * * * * [FR Doc. 2014–24661 Filed 10–16–14; 8:45 am] 11 CFR 110.5 in its entirety and (c) * * * BILLING CODE 6715–01–P reserving that section. (3) Each recipient committee referred to in 11 CFR 110.1(c)(2) may receive up 11 CFR 110.14 to the $25,000 limitation from a DEPARTMENT OF TRANSPORTATION contributor. Section 110.14(d)(1) provides, among other things, that ‘‘contributions made * * * * * Federal Aviation Administration to a delegate for the purpose of § 110.5 [Removed and Reserved] furthering his or her selection . . . 14 CFR Part 71 ■ 3. Remove and reserve § 110.5. count against the limitation . . . under [Docket No. FAA–2014–0263; Airspace ■ 11 CFR 110.5.’’ The Commission is 4. Revise paragraphs (d)(1) and (g) of Docket No. 13–ASW–27] deleting this reference to the aggregate § 110.14 to read as follows: Establishment of Class E Airspace; limits. § 110.14 Contributions to and Similarly, section 110.14(g)(2) expenditures by delegates and delegate Thomas, OK provides that an individual’s committees. AGENCY: Federal Aviation ‘‘[c]ontributions to a delegate committee * * * * * Administration (FAA), DOT. count against the limitation . . . under (d) * * * ACTION: Final rule. 11 CFR 110.5.’’ The Commission is (1) The limitations on contributions to deleting paragraph (g)(2) and candidates and political committees SUMMARY: This action establishes Class redesignating current paragraph (g)(3) as under 11 CFR 110.1 and 110.2 do not E airspace at Thomas, OK. Controlled new paragraph (g)(2). apply to contributions made to a airspace is necessary to accommodate

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new Area Navigation (RNAV) Standard The Rule List of Subjects in 14 CFR Part 71 Instrument Approach Procedures at This action amends Title 14 Code of Airspace, Incorporation by reference, Thomas Muni Airport. The FAA is Navigation (air). taking this action to enhance the safety Federal Regulations (14 CFR) Part 71 by and management of Instrument Flight establishing Class E airspace extending Adoption of the Amendment upward from 700 feet above the surface Rules (IFR) operations at the airport. In consideration of the foregoing, the within a 6.5-mile radius of Thomas Federal Aviation Administration DATES: Effective date: 0901 UTC, Muni Airport, Thomas, OK, for new amends 14 CFR part 71 as follows: January 8, 2015. The Director of the standard instrument approach Federal Register approves this procedures developed at the airport. PART 71—DESIGNATION OF CLASS A, incorporation by reference action under Controlled airspace is needed for the B, C, D, AND E AIRSPACE AREAS; AIR 1 CFR Part 51, subject to the annual safety and management of IFR TRAFFIC SERVICE ROUTES; AND revision of FAA Order 7400.9 and operations at the airport. REPORTING POINTS publication of conforming amendments. The FAA has determined that this ■ ADDRESSES: FAA Order 7400.9Y, regulation only involves an established 1. The authority citation for 14 CFR Airspace Designations and Reporting body of technical regulations for which Part 71 continues to read as follows: Points and subsequent amendments can frequent and routine amendments are Authority: 49 U.S.C. 106(g), 40103, 40113, be viewed online at http://www.faa.gov/ necessary to keep them operationally 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– air_traffic/publications/. The Order is current. Therefore, this regulation: (1) Is 1963 Comp., p. 389. also available for inspection at the not a ‘‘significant regulatory action’’ § 71.1 [Amended] National Archives and Records under Executive Order 12866; (2) is not Administration (NARA). For a ‘‘significant rule’’ under DOT ■ 2. The incorporation by reference in information on the availability of this Regulatory Policies and Procedures (44 14 CFR 71.1 of the Federal Aviation material at NARA, call 202–741–6030, FR 11034; February 26, 1979); and (3) Administration Order 7400.9Y, Airspace or go to http://www.archives.gov/ does not warrant preparation of a Designations and Reporting Points, federal_register/code_of_federal- regulatory evaluation as the anticipated dated August 6, 2014, and effective regulations/ibr_locations.html. impact is so minimal. Since this is a September 15, 2014, is amended as follows: FAA Order 7400.9, Airspace routine matter that only affects air traffic Designations and Reporting Points, is procedures and air navigation, it is Paragraph 6005 Class E airspace areas published yearly and effective on certified that this rule, when extending upward from 700 feet or more September 15. For further information, promulgated, does not have a significant above the surface. you can contact the Airspace Policy and economic impact on a substantial * * * * * number of small entities under the Regulations Group, Federal Aviation ASW OK E5 Thomas, OK [New] criteria of the Regulatory Flexibility Act. Administration, 800 Independence Thomas Muni Airport, OK Avenue SW., Washington, DC 20591; The FAA’s authority to issue rules (Lat. 35°44′01″ N., long. 98°43′50″ W.) telephone: 202–267–8783. regarding aviation safety is found in That airspace extending upward from 700 Title 49 of the U.S. Code. Subtitle 1, FOR FURTHER INFORMATION CONTACT: Raul feet above the surface within a 6.5-mile Section 106, describes the authority of Garza, Jr., Central Service Center, radius of Thomas Muni Airport. the FAA Administrator. Subtitle VII, Operations Support Group, Federal Issued in Fort Worth, Texas, on September Aviation Programs, describes in more Aviation Administration, Southwest 29, 2014. detail the scope of the agency’s Region, 2601 Meacham Blvd., Fort Robert W. Beck, authority. This rulemaking is Worth, TX 76137; telephone 817–321– Manager, Operations Support Group, ATO 7654. promulgated under the authority Central Service Center. described in Subtitle VII, Part A, [FR Doc. 2014–24040 Filed 10–16–14; 8:45 am] SUPPLEMENTARY INFORMATION: Subpart I, Section 40103. Under that section, the FAA is charged with BILLING CODE 4910–14–P History prescribing regulations to assign the use On July 14, 2014, the FAA published of airspace necessary to ensure the safety of aircraft and the efficient use of DEPARTMENT OF HOMELAND in the Federal Register a notice of SECURITY proposed rulemaking (NPRM) to airspace. This regulation is within the scope of that authority as it establishes establish Class E airspace for the Coast Guard Thomas, OK, area, creating controlled controlled airspace at Thomas Muni airspace at Thomas Muni Airport (79 FR Airport, Thomas, OK. 33 CFR Part 117 40690) Docket No. FAA–2014–0263. Environmental Review Interested parties were invited to [Docket No. USCG–2014–0890] The FAA has determined that this participate in this rulemaking effort by Drawbridge Operation Regulation; action qualifies for categorical exclusion submitting written comments on the Atlantic Intracoastal Waterway (AICW), under the National Environmental proposal to the FAA. No comments Newport River, Morehead City, NC were received. Class E airspace Policy Act in accordance with FAA designations are published in paragraph Order 1050.1E, ‘‘Environmental AGENCY: Coast Guard, DHS. 6005 of FAA Order 7400.9Y dated Impacts: Policies and Procedures,’’ ACTION: Notice of deviation from August 6, 2014, and effective September paragraph 311a. This airspace action is drawbridge regulation. 15, 2014, which is incorporated by not expected to cause any potentially reference in 14 CFR 71.1. The Class E significant environmental impacts, and SUMMARY: The Coast Guard has issued a airspace designations listed in this no extraordinary circumstances exist temporary deviation from the operating document will be published that warrant preparation of an schedule that governs the Carolina subsequently in the Order. environmental assessment. Coastal Railroad Bridge, at AICW mile

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203.8, across Newport River in Vessels able to pass through the bridge DATES: This deviation is effective from Morehead City, NC. This bridge is in the closed position may do so at any 12:01 a.m. on November 1, 2014 to noon presently maintained in the open time. The bridge will be able to open, on November 2, 2014. position except when closure is from noon to 1 p.m., each day to ADDRESSES: The docket for this necessary for train crossings. This accommodate vessel traffic during the deviation, [USCG–2014–0877] is deviation allows the bridge to remain deviation period. Also, the bridge can be available at http://www.regulations.gov. closed to navigation from 9 a.m. to noon opened for emergencies and there is an Type the docket number in the and again from 1 p.m. to 3 p.m. every alternate route for vessels through ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ day, from November 3 through Beaufort Channel with no additional Click on Open Docket Folder on the line November 7, 2014, so that necessary travel time. associated with this deviation. You may maintenance may be made. The Coast Guard will inform the users also visit the Docket Management DATES: This deviation is effective from of the waterway through Local and Facility in Room W12–140 on the 9 a.m., on Monday, November 3, 2014 Broadcast Notice to Mariners of the ground floor of the Department of until 3 p.m., on Friday, November 7, temporary deviation in operating Transportation West Building, 1200 2014. schedule for the bridge so that vessels New Jersey Avenue SE., Washington, ADDRESSES: The docket for this can arrange their transit plans DC 20590, between 9 a.m. and 5 p.m., deviation [USCG–2014–0890] is accordingly. Vessel traffic along this Monday through Friday, except Federal available at http://www.regulations.gov. part of the Atlantic Intracoastal holidays. Type the docket number in the Waterway consists of commercial and FOR FURTHER INFORMATION CONTACT: ‘‘SEARCH’’ box and click ‘‘SEARCH’’. pleasure craft including sail boats, If Click on Open Docket Folder on the line fishing boats, and tug and barge traffic, you have questions on this temporary associated with this deviation. You may that transit mainly during the daylight deviation, call or email Mrs. Kashanda also visit the Docket Management hours with the occasional tug and barge Booker, Bridge Administration Branch Facility in Room W12–140 on the traffic at night. Waterway traffic consists Fifth District, Coast Guard; telephone ground floor of the Department of of fishing boats, recreational boats, tugs, (757) 398–6227, email Transportation West Building, 1200 and barges. [email protected]. If you New Jersey Avenue SE., Washington, In accordance with 33 CFR 117.35(e), have questions on reviewing the docket, DC 20590, between 9 a.m. and 5 p.m., the drawbridge must return to its regular call Cheryl Collins, Program Manager, Monday through Friday, except Federal operating schedule immediately at the Docket Operations, (202) 366–9826. holidays. end of the effective period of this SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: If temporary deviation. This deviation Virginia Department of Transportation, you have questions on this temporary from the operating regulations is who owns and operates this bridge, has deviation, call or email Terrance authorized under 33 CFR 117.35. requested a temporary deviation from Knowles, Environmental Protection Dated: October 6, 2014. the current operating regulation set out Specialist, Coast Guard; telephone 757– Waverly W. Gregory, Jr., in 33 CFR 117.997(e), to facilitate 398–6587, email Terrance.A.Knowles@ Bridge Program Manager, Fifth Coast Guard maintenance of the moveable spans on uscg.mil. If you have questions on District. the structure. viewing the docket, call Cheryl Collins, [FR Doc. 2014–24774 Filed 10–16–14; 8:45 am] The current operating schedule for the Program Manager, Docket Operations, at BILLING CODE 9110–04–P bridge is set out in 33 CFR 117.997(e) 202–366–9826. which requires the bridge open on SUPPLEMENTARY INFORMATION: The North signal if at least 24 hours notice is given. Carolina Department of Transportation, DEPARTMENT OF HOMELAND The High Rise Bridge has vertical who owns and operates this bascule- SECURITY clearances in the closed position of 65 type railroad drawbridge, has requested feet above mean high water. Coast Guard a temporary deviation from the current Under this temporary deviation, the operating regulations to facilitate the 33 CFR Part 117 drawbridge will be closed to navigation maintenance and steel work on the from 12:01 a.m. on November 1, 2014 to structure. The Carolina Coastal Railroad [Docket No. USCG–2014–0877] noon on November 2, 2014. Emergency Bridge, at AICW mile 203.8, across openings cannot be provided. Newport River in Morehead City, NC, Drawbridge Operation Regulation; has a vertical clearance in the closed to Vessels able to pass under the bridge Atlantic Intracoastal Waterway (AIWW), in the closed position may do so at any navigation position of 4 feet above mean Chesapeake, VA high water. time and are advised to proceed with The current regulations, under the AGENCY: Coast Guard, DHS. caution. There are currently no alternate routes. The Coast Guard will also inform general requirements set out at 33 CFR ACTION: Notice of deviation from additional waterway users through our 117.5, require that the drawbridge shall drawbridge regulations. open promptly and fully for the passage Local and Broadcast Notices to Mariners of vessels when a request to open is SUMMARY: The Coast Guard has issued a of the closure periods for the bridge so given. However, the drawbridge is temporary deviation from the operating that vessels can arrange their transits to currently maintained in the open to schedule that governs the I–64 (High minimize any impacts caused by the navigation position at all times and Rise) Bridge across the AIWW, South temporary deviation. closes for passing trains. Branch of the Elizabeth River, mile 7.1, In accordance with 33 CFR 117.35(e), Under this temporary deviation, the at Chesapeake, VA. This deviation is the drawbridge must return to its regular bridge will be closed-to-navigation for necessary to facilitate maintenance work operating schedule immediately at the maintenance and steel work on the on the movable spans drive machinery. end of the effective period of this structure, from 9 a.m. to noon, and again This temporary deviation allows the temporary deviation. This deviation from 1 p.m. to 3 p.m., every day from drawbridge to remain in the closed to from the operating regulations is November 3 through November 7, 2014. navigation position. authorized under 33 CFR 117.35.

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Dated: October 6, 2014. 5015 or email at David.T.Bourbeau@ See 33 U.S.C. 1231 and Department of Waverly W. Gregory, Jr. uscg.mil. If you have questions on Homeland Security Delegation No. Bridge Program Manager, Fifth Coast Guard viewing or submitting material to the 0170.1. District. docket, call Cheryl Collins, Program The Portsmouth Naval Shipyard is the [FR Doc. 2014–24772 Filed 10–16–14; 8:45 am] Manager, Docket Operations, telephone bridge owner and is contracting the BILLING CODE 9110–04–P 202–366–9826. structural repairs to be completed. The SUPPLEMENTARY INFORMATION: existing bridge is a steel girder structure approximately 300 feet long and 50 feet Table of Acronyms DEPARTMENT OF HOMELAND 7 inches wide. Existing vertical SECURITY DHS Department of Homeland Security clearance will remain the same at 7 feet FR Federal Register at MLW. Horizontal clearance is Coast Guard A. Regulatory History and Information currently 57 feet and the new clearance will be 56 feet 6 inches. Existing granite 33 CFR Part 165 On September 11, 2013, Sector block and steel reinforced abutments Northern New England received notice [Docket Number USCG–2014–0215] and piers will remain in place but will of potential bridge work being be reinforced with cladding around the RIN 1625–AA11 conducted on Bridge 1 between Kittery, abutments. As a result, the horizontal ME, and the Portsmouth Naval Shipyard Regulated Navigation Area; Bridge 1 clearance will be reduced by six inches. on Seavey Island from September 1, The start of construction operations has Structural Repairs at Portsmouth Naval 2014 through April 30, 2017. Shipyard, Kittery, ME been changed from the originally Construction will commence October 1, advertised September 1, 2014 to October 2014. AGENCY: Coast Guard, DHS. 1, 2014. This change is reflected in the On February 26, 2014, the U. S. Navy regulatory text below. ACTION: Temporary final rule. posted a notice in the Portsmouth Herald advising the public of the intent The Coast Guard First District SUMMARY: The Coast Guard is Commander has determined that this establishing a Regulated Navigation to file applications for approval of structural repairs to be made to Bridge construction project poses dangers to Area (RNA) on the navigable waters of the maritime public and this rule is the Piscataqua River surrounding Bridge 1. No comments or requests for public meeting were made. necessary to ensure the safe transit of 1 between Kittery, ME, and Seavey vessels in the area, and to protect all Island, ME. This RNA allows the Coast On July 25, 2014, the Coast Guard published a Notice of Proposed persons, vessels, and the marine Guard to enforce speed and wake environment. restrictions and limit vessel traffic Rulemaking (NPRM) with respect to this through the RNA during operations rule (79 FR 43335) entitled ‘‘Regulated C. Discussion of Comments, Changes involving bridge structural repairs, both Navigation Area; Bridge 1 Structural and the Final Rule Repairs at Portsmouth Naval Shipyard, planned and unforeseen, which could For the reasons discussed above, the pose an imminent hazard to persons and Kittery, ME.’’ No comments were received. Coast Guard is establishing a RNA on vessels operating in the area. This rule the navigable waters of the Piscataqua is necessary to provide for the safety of Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for River surrounding Bridge 1 which spans life on the navigable waters during from Kittery, ME, to Seavey Island, ME bridge structural repair operations. making this rule effective less than 30 days after publication in the Federal from October 1, 2014 to April 30, 2017. DATES: This rule is effective from Register. Waiting 30 days for this rule In order to mitigate the inherent risks October 17, 2014 until April 30, 2017. to become effective is unnecessary and involved in construction, it is necessary This rule has been enforced with actual impracticable. The bridge construction to control vessel movement through the notice from September 30, 2014 to begins on October 1, 2014 and delaying area, therefore, the Coast Guard is October 17, 2014. this rule’s effective date would inhibit establishing an RNA on the navigable ADDRESSES: Documents mentioned in the Coast Guard’s ability to protect the waters of Piscataqua River surrounding this preamble are part of docket [USCG– boating public from the hazards Bridge 1 which spans from Kittery, ME, 2014–0215]. To view documents associated with a dangerous maritime to Seavey Island, ME. Construction mentioned in this preamble as being construction site. The Coast Guard did operations are sensitive to water available in the docket, go to http:// not have all of the details about the movement, and wake from passing www.regulations.gov, type the docket bridge construction project that the vessels could pose significant risk of number in the ‘‘SEARCH’’ box and click Coast Guard needed in order to publish injury or death to construction workers. ‘‘SEARCH.’’ Click on Open Docket the final rule more than thirty days in In order to minimize such unexpected Folder on the line associated with this advance of the effective date. or uncontrolled movement of water, the rulemaking. You may also visit the Furthermore, the policy goal of RNA will limit vessel speed and wake Docket Management Facility in Room providing the public with enough time of all vessels operating in the vicinity of W12–140 on the ground floor of the to prepare for compliance is largely met the bridge construction zone. This will Department of Transportation West by the Coast Guard and Navy’s public be achieved by implementing a five (5) Building, 1200 New Jersey Avenue SE., outreach efforts and publication of the knot speed limit and ‘‘NO WAKE’’ zone Washington, DC 20590, between 9 a.m. NPRM. in the vicinity of the construction as and 5 p.m., Monday through Friday, well as providing a means to suspend except Federal holidays. B. Basis and Purpose all vessel traffic for emergent situations FOR FURTHER INFORMATION CONTACT: If Under the Ports and Waterways Safety that pose imminent threat to waterway you have questions on this rule, call Act, the Coast Guard has the authority users in the area. The RNA will also Lieutenant Junior Grade David B. to establish RNAs in defined water areas protect vessels desiring to transit the Bourbeau, Waterways Management that are determined to have hazardous area by ensuring that vessels are only Division Chief at Coast Guard Sector conditions and in which vessel traffic permitted to transit when it is safe to do Northern New England, at 207–347– can be regulated in the interest of safety. so.

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The Coast Guard may close the RNA that are independently owned and 5. Federalism described in this rule to all vessel traffic operated and are not dominant in their A rule has implications for federalism during any circumstance that poses an fields, and governmental jurisdictions under Executive Order 13132, imminent threat to waterway users with populations of less than 50,000. Federalism, if it has a substantial direct operating in the area. Complete The Coast Guard received no comments effect on the States, on the relationship waterway closures will be made with as from the Small Business Administration between the national government and much advanced notice as possible. on this rule. The Coast Guard certifies the States, or on the distribution of Further, the speed limit of five (5) under 5 U.S.C. 605(b) that this rule will power and responsibilities among the knots will be in effect at all times within not have a significant economic impact various levels of government. We have the RNA and all vessels must proceed on a substantial number of small analyzed this rule under that Order and through the area with caution and entities. determined that this rule does not have operate in such a manner as to produce This rule will affect the following implications for federalism. no wake unless a higher minimum entities, some of which might be small speed is necessary to maintain steering. entities: The owners or operators of 6. Protest Activities Mariners will be advised of all closure vessels intending to transit or anchor in The Coast Guard respects the First dates and times via Local Notice to the vicinity of Bridge 1 from October 1, Amendment rights of protesters. Mariners and Broadcast Notice to 2014 to April 30, 2017. The Coast Guard Protesters are asked to contact the Mariners in advance of closure times. expects no significant economic impact person listed in the FOR FURTHER The coordinates of this RNA on a substantial number of small INFORMATION CONTACT section to described in this TFR differ slightly entities, as mentioned in the coordinate protest activities so that your from those described in the NPRM REGULATORY PLANNING AND message can be received without because of a scrivener’s error in the REVIEW section above, because this jeopardizing the safety or security of NPRM. The actual location of the RNA rule only requires vessels to reduce their people, places or vessels. is all navigable waters of the Piscataqua speed through a limited portion of the 7. Unfunded Mandates Reform Act River between Kittery, ME and Seavey Piscataqua River outside of the main Island, ME, from the surface to bottom, channel and will have limited traffic The Unfunded Mandates Reform Act within a 300 yard radius of position restrictions during operations involving of 1995 (2 U.S.C. 1531–1538) requires ° ′ ″ ° ′ ″ 43 05 06 N, 070 44 29 W. bridge structural repairs, both planned Federal agencies to assess the effects of D. Regulatory Analyses and unforeseen therefore causing only a their discretionary regulatory actions. In minimal delay to a vessel’s transit. particular, the Act addresses actions We developed this rule after that may result in the expenditure by a considering numerous statutes and 3. Assistance for Small Entities State, local, or tribal government, in the executive orders related to rulemaking. Under section 213(a) of the Small aggregate, or by the private sector of Below we summarize our analyses Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or based on these statutes and executive Fairness Act of 1996 (Pub. L. 104–121), more in any one year. Though this rule orders. we want to assist small entities in will not result in such an expenditure, 1. Regulatory Planning and Review understanding this rule. If the rule will we do discuss the effects of this rule elsewhere in this preamble. This rule is not a significant affect your small business, organization, regulatory action under section 3(f) of or governmental jurisdiction and you 8. Taking of Private Property have questions concerning its Executive Order 12866, Regulatory This rule will not cause a taking of Planning and Review, as supplemented provisions or options for compliance, please contact the person listed in the private property or otherwise have by Executive Order 13563, Improving taking implications under Executive Regulation and Regulatory Review, and FOR FURTHER INFORMATION CONTACT, above. Order 12630, Governmental Actions and does not require an assessment of Interference with Constitutionally Small businesses may send comments potential costs and benefits under Protected Property Rights. section 6(a)(3) of Executive Order 12866 on the actions of Federal employees or under section 1 of Executive Order who enforce, or otherwise determine 9. Civil Justice Reform 13563. The Office of Management and compliance with, Federal regulations to This rule meets applicable standards Budget has not reviewed it under those the Small Business and Agriculture in sections 3(a) and 3(b)(2) of Executive Orders. We expect the economic impact Regulatory Enforcement Ombudsman Order 12988, Civil Justice Reform, to of this rule to be minimal because this and the Regional Small Business minimize litigation, eliminate RNA only enforces a speed and wake Regulatory Fairness Boards. The ambiguity, and reduce burden. restriction through a limited portion of Ombudsman evaluates these actions the Piscataqua River, and will have annually and rates each agency’s 10. Protection of Children limited traffic restrictions during responsiveness to small business. If you We have analyzed this rule under operations involving bridge structural wish to comment on actions by Executive Order 13045, Protection of repairs, both planned and unforeseen employees of the Coast Guard, call 1– Children From Environmental Health therefore causing only a minimal delay 888–REG–FAIR (1–888–734–3247). The Risks and Safety Risks. This rule is not to a vessel’s transit. Coast Guard will not retaliate against an economically significant rule and small entities that question or complain does not create an environmental risk to 2. Impact on Small Entities about this rule or any policy or action health or risk to safety that may The Regulatory Flexibility Act of 1980 of the Coast Guard. disproportionately affect children. (RFA), 5 U.S.C. 601–612, as amended, 4. Collection of Information requires federal agencies to consider the 11. Indian Tribal Governments potential impact of regulations on small This rule will not call for a new This rule does not have tribal entities during rulemaking. The term collection of information under the implications under Executive Order ‘‘small entities’’ comprises small Paperwork Reduction Act of 1995 (44 13175, Consultation and Coordination businesses, not-for-profit organizations U.S.C. 3501–3520). With Indian Tribal Governments,

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because it does not have a substantial ■ 2. Add § 165.T01–0215 to read as RNA. Violations of this RNA may be direct effect on one or more Indian follows: reported to the COTP at 207–767–0303 tribes, on the relationship between the or on VHF-Channel 16. Federal Government and Indian tribes, § 165.T01–0215 Regulated Navigation Area; Bridge 1 Structural Repairs at Dated: September 30, 2014. or on the distribution of power and Portsmouth Naval Shipyard, Kittery, ME. V. B. Gifford, responsibilities between the Federal Captain, U.S. Coast Guard, Acting Government and Indian tribes. (a) Location. The following area is a Regulated Navigation Area (RNA): All Commander, First Coast Guard District. 12. Energy Effects navigable waters of Piscataqua River [FR Doc. 2014–24771 Filed 10–16–14; 8:45 am] between Kittery, ME and Seavey Island, BILLING CODE 9110–04–P This action is not a ‘‘significant ME, from surface to bottom, within a energy action’’ under Executive Order 300 yard radius of position 43°05′06″ N, 13211, Actions Concerning Regulations 070°44′29″ W. DEPARTMENT OF HOMELAND That Significantly Affect Energy Supply, (b) Regulations. (1) The general SECURITY Distribution, or Use. regulations contained in 33 CFR 165.10, 13. Technical Standards 165.11, and 165.13 apply within the Coast Guard RNA. This rule does not use technical (2) Any vessel transiting through the 33 CFR Part 165 standards. Therefore, we did not RNA must make a direct passage. No [Docket Number USCG–2014–0917] consider the use of voluntary consensus vessel may stop, moor, anchor or loiter standards. within the RNA at any time unless they RIN 1625–AA00 14. Environment are working on the bridge construction. Movement within the RNA is subject to Safety Zone; English Station We have analyzed this rule under a ‘‘Slow-No Wake’’ speed limit. All Emergency Environmental Response; Department of Homeland Security vessels may not produce a wake and Mill River; New Haven, CT Management Directive 023–01 and may not attain speeds greater than five AGENCY: Coast Guard, DHS. Commandant Instruction M16475.lD, (5) knots unless a higher minimum ACTION: Temporary final rule. which guide the Coast Guard in speed is necessary to maintain steering. complying with the National (3) There may be times that the First SUMMARY: The Coast Guard is Environmental Policy Act of 1969 District Commander or the Captain of establishing a temporary safety zone on (NEPA) (42 U.S.C. 4321–4370f), and the Port (COTP) finds it necessary to the navigable waters of the Mill River, have determined that this action is one close the RNA to vessel traffic. During in New Haven, CT for the English of a category of actions that do not times of limited closure, persons and Station Emergency Environmental individually or cumulatively have a vessels may request permission to enter Response. This action is necessary to significant effect on the human the RNA by contacting the COTP or the provide for the safety of life on environment. This rule involves the COTP’s on-scene representative on navigable waters during the response. establishment of a RNA and thus, is VHF–16 or via phone at 207–767–0303. Entering into, transiting through, categorically excluded from further (4) Any vessels transiting in the RNA remaining, anchoring or mooring within review under paragraph 34(g) of Figure must comply with all directions given to this safety zone is prohibited unless 2–1 of the Commandant Instruction. A them by the COTP or the COTP’s on- authorized by the Captain of the Port preliminary environmental analysis scene representative. The ‘‘on-scene (COTP) Sector Long Island Sound. checklist supporting this determination representative’’ of the COTP is any DATES: This rule is effective without and a Categorical Exclusion Coast Guard commissioned, warrant or actual notice from October 17, 2014 Determination are available in the petty officer who has been designated until November 30, 2014. For the docket where indicated under by the COTP to act on the COTP’s purposes of enforcement, actual notice ADDRESSES. We seek any comments or behalf. The on-scene representative may will be used from the date the rule was information that may lead to the be on a Coast Guard vessel; Maine State signed, October 3, 2014, until October discovery of a significant environmental Police, Maine Marine Patrol or other 17, 2014. impact from this rule. designated craft; or may be on shore and ADDRESSES: Documents mentioned in List of Subjects in 33 CFR Part 165 communicating with vessels via VHF– FM radio or loudhailer. Members of the this preamble are part of docket [USCG– Harbors, Marine safety, Navigation Coast Guard Auxiliary may be present to 2014–0917]. To view documents (water), Reporting and recordkeeping inform vessel operators of this mentioned in this preamble as being requirements, Security measures, regulation. available in the docket, go to http:// Waterways. (5) All other relevant regulations, www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click For the reasons discussed in the including but not limited to the Rules of the Road, as codified in 33 CFR ‘‘SEARCH.’’ Click on Open Docket preamble, the Coast Guard amends 33 Folder on the line associated with this CFR part 165 as follows: Subchapter E, Inland Navigational Rules, remain in effect within the RNA rulemaking. You may also visit the PART 165—REGULATED NAVIGATION and must be strictly followed at all Docket Management Facility in Room AREAS AND LIMITED ACCESS AREAS times. W12–140 on the ground floor of the (c) Enforcement Period. This Department of Transportation West ■ 1. The authority citation for Part 165 regulation is enforceable 24 hours a day Building, 1200 New Jersey Avenue SE., continues to read as follows: from 12:01 a.m. on October 1, 2014 until Washington, DC 20590, between 9 a.m. 11:59 p.m. on April 30, 2017. and 5 p.m., Monday through Friday, Authority: 33 U.S.C. 1231; 46 U.S.C. except Federal holidays. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; (d) Notification. The Coast Guard will 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; rely on the methods described in 33 FOR FURTHER INFORMATION CONTACT: If Pub. L. 107–295, 116 Stat. 2064; Department CFR 165.7 to notify the public of the you have questions on this rule, call or of Homeland Security Delegation No. 0170.1. time and duration of any closure of the email Petty Officer Ian M. Fallon,

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Prevention Department, Coast Guard Environmental Response (CT DEEP). D. Regulatory Analyses Sector Long Island Sound, 203 468– The CT DEEP personnel were We developed this rule after 4565, [email protected]. If you overseeing an environmental response considering numerous statutes and have questions on viewing or submitting at English Station, a decommissioned executive orders related to rulemaking. material to the docket, call Cheryl electrical power plant located in New Below we summarize our analyses Collins, Program Manager, Docket Haven, CT. While on site, the CT DEEP based on these statutes and executive Operations, telephone 202–366–9826. personnel discovered a storm drain on orders. SUPPLEMENTARY INFORMATION: the property that was contaminated with oil. The English Station site is 1. Regulatory Planning and Review Table of Acronyms contaminated with Polychlorinated This rule is not a significant DHS Department of Homeland Security Biphenyls (PBC) which may have regulatory action under section 3(f) of COTP Captain of the Port contaminated the petroleum products. Executive Order 12866, Regulatory FR Federal Register After Coast Guard personnel examined Planning and Review, as supplemented LIS Long Island Sound NPRM Notice of Proposed Rulemaking the site it was determined by the COTP, by Executive Order 13563, Improving Sector Long Island Sound, that Coast Regulation and Regulatory Review, and A. Regulatory History and Information Guard emergency response was does not require an assessment of The Coast Guard is issuing this necessary to protect the public and potential costs and benefits under temporary final rule without prior environment from the imminent and section 6(a)(3) of Executive Order 12866 notice and opportunity to comment substantial threat of oil discharge from or under section 1 of Executive Order pursuant to authority under section 4(a) the main building and potential 13563. The Office of Management and of the Administrative Procedure Act hazardous substance release. Budget has not reviewed it under those (APA) (5 U.S.C. 553(b)). This provision On September 24, 2014 the U.S. Coast Orders. authorizes an agency to issue a rule Guard Sector Long Island Sound The Coast Guard determined that this rule is not a significant regulatory action without prior notice and opportunity to deployed boom surrounding the English for the following reasons: The safety comment when the agency for good Station site to contain any oil discharges zone will be of relatively short in cause finds that those procedures are and hazardous substances releases into duration and covers only a small ‘‘impracticable, unnecessary, or contrary the Mill River. The COTP has portion of the navigable waterways. to the public interest.’’ Under 5 U.S.C. determined that a safety zone is 553(b)(B), the Coast Guard finds that Furthermore, vessels may transit the necessary to protect the public from the navigable waterway outside of the safety good cause exists for not publishing an safety hazards created by this NPRM with respect to this rule because zone. Moreover, vessels desiring entry emergency and preserve the function of into the safety zone may be authorized publishing an NPRM would be the boom deployed around this site. impracticable and contrary to the public to do so by the COTP or designated interest. Because of the emergency C. Discussion of the Temporary Final representative. Advanced public nature of the incident that created the Rule notifications will also be made to the need for this safety zone, there is local maritime community by Broadcast insufficient time for the Coast Guard to For the reasons discussed above, the Notice to Mariners. COTP is establishing a temporary safety seek public comments. Publishing an 2. Impact on Small Entities NPRM and delaying the effective date of zone on the Mill River in the vicinity of this rule to await public comments English Station in New Haven, CT. This The Regulatory Flexibility Act of 1980 would inhibit the Coast Guard’s ability safety zone will be bound inside of an (RFA), 5 U.S.C. 601–612, as amended, to fulfill its statutory missions to protect area that starts at a point on land at requires federal agencies to consider the ports, waterways, and the maritime position 41°18′30.46″ N, 072°54′22.80″ potential impact of regulations on small public. W and then south along the shoreline to entities during rulemaking. The term Under 5 U.S.C. 553(d)(3), the Coast a point on land at position 41°18′20.21″ ‘‘small entities’’ comprises small Guard finds that good cause exists for N, 072°54′22.14″ W and then west along businesses, not-for-profit organizations making this rule effective less than 30 the shoreline to a point on land at that are independently owned and days after publication in the Federal position 41°18′21.08″ N, 072°54′26.84″ operated and are not dominant in their Register. For the same reasons W and then north along the shoreline to fields, and governmental jurisdictions discussed in the preceding paragraph, a point on land at position 41°18′30.12″ with populations of less than 50,000. delaying the effective date of this rule N, 072°54′27.59″ W and then east across The Coast Guard certifies under 5 U.S.C. would be impracticable and contrary to land back to point of origin. 605(b) that this rule will not have a the public interest. Containment boom used in this significant economic impact on a emergency environmental response will substantial number of small entities. B. Basis and Purpose mark the bounds of this safety zone. The This rule will affect the following The legal basis for this temporary rule containment boom is anchored onsite entities, some of which may be small is 33 U.S.C. 1231; 46 U.S.C. Chapter and marked with amber flashing lights entities: owners and operators of vessels 701, 3306, 3703; 50 U.S.C. 191, 195; 33 for nighttime visibility. intending to transit or anchor in the Mill CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; River in the vicinity of English Station. No vessel may enter, transit, moor, or Public Law 107–295, 116 Stat. 2064; The temporary safety zone will not have anchor within safety zone during the Department of Homeland Security a significant economic impact on a Delegation No. 0170.1, which period of enforcement unless authorized substantial number of small entities for collectively authorize the Coast Guard by the COTP or designated all the reasons discussed in the to define regulatory safety zones. representative. REGULATORY PLANNING AND On September 15, 2014 the U.S. Coast The COTP will cause public REVIEW section above. Guard Sector Long Island Sound was notifications to be made by all If you think that your business, contacted by personnel from appropriate means including but not organization, or governmental Connecticut Department of Energy and limited to Broadcast Notice to Mariners. jurisdiction qualifies as a small entity

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and that this rule would have a 7. Unfunded Mandates Reform Act 14. Environment significant economic impact on it, The Unfunded Mandates Reform Act We have analyzed this rule under please submit a comment (see Department of Homeland Security ADDRESSES) explaining why you think it of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of Management Directive 023–01 and qualifies and how and to what degree Commandant Instruction M16475.lD, this rule would economically affect it. their discretionary regulatory actions. In particular, the Act addresses actions which guide the Coast Guard in complying with the National 3. Assistance for Small Entities that may result in the expenditure by a Environmental Policy Act of 1969 State, local, or tribal government, in the Under section 213(a) of the Small (NEPA)(42 U.S.C. 4321–4370f), and aggregate, or by the private sector of Business Regulatory Enforcement have determined that this action is one $100,000,000 (adjusted for inflation) or Fairness Act of 1996 (Pub. L. 104–121), of a category of actions that do not more in any one year. Though this rule we want to assist small entities in individually or cumulatively have a will not result in such an expenditure, understanding this rule. If the rule significant effect on the human we do discuss the effects of this rule would affect your small business, environment. This rule involves the elsewhere in this preamble. organization, or governmental establishment of a safety zone. This rule jurisdiction and you have questions 8. Taking of Private Property is categorically excluded from further concerning its provisions or options for review under paragraph 34(g) of Figure compliance, please contact the person This rule will not cause a taking of 2–1 of the Commandant Instruction. An listed in the FOR FURTHER INFORMATION private property or otherwise have environmental analysis checklist CONTACT, above. taking implications under Executive supporting this determination and a Small businesses may send comments Order 12630, Governmental Actions and Categorical Exclusion Determination on the actions of Federal employees Interference with Constitutionally will be available in the docket where who enforce, or otherwise determine Protected Property Rights. indicated under ADDRESSES. We seek compliance with, Federal regulations to 9. Civil Justice Reform any comments or information that may the Small Business and Agriculture lead to the discovery of a significant Regulatory Enforcement Ombudsman This rule meets applicable standards environmental impact from this rule. and the Regional Small Business in sections 3(a) and 3(b)(2) of Executive List of Subjects in 33 CFR Part 165 Regulatory Fairness Boards. The Order 12988, Civil Justice Reform, to Ombudsman evaluates these actions minimize litigation, eliminate Harbors, Marine safety, Navigation annually and rates each agency’s ambiguity, and reduce burden. (water), Reporting and recordkeeping responsiveness to small business. If you requirements, Security measures, wish to comment on actions by 10. Protection of Children From Waterways. employees of the Coast Guard, call 1– Environmental Health Risks For the reasons discussed in the preamble, the Coast Guard amends 33 888–REG–FAIR (1–888–734–3247). The We have analyzed this rule under CFR part 165 as follows: Coast Guard will not retaliate against Executive Order 13045, Protection of small entities that question or complain Children from Environmental Health PART 165—REGULATED NAVIGATION about this rule or any policy or action Risks and Safety Risks. This rule is not AREAS AND LIMITED ACCESS AREAS of the Coast Guard. an economically significant rule and 4. Collection of Information does not create an environmental risk to ■ 1. The authority citation for Part 165 health or risk to safety that may continues to read as follows: This rule will not call for a new disproportionately affect children. collection of information under the Authority: 33 U.S.C. 1231; 46 U.S.C. Paperwork Reduction Act of 1995 (44 11. Indian Tribal Governments Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; U.S.C. 3501–3520). 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; This rule does not have tribal Pub. L. 107–295, 116 Stat. 2064; and 5. Federalism implications under Executive Order Department of Homeland Security Delegation 13175, Consultation and Coordination No. 0170.1 A rule has implications for federalism with Indian Tribal Governments, ■ 2. Add § 165.T01–0917 to read as under Executive Order 13132, because it does not have a substantial follows: Federalism, if it has a substantial direct direct effect on one or more Indian effect on the States, on the relationship tribes, on the relationship between the § 165.T01–0917 Safety Zone; English between the national government and Station Emergency Environmental Federal Government and Indian tribes, the States, or on the distribution of Response, Mill River, New Haven, CT. or on the distribution of power and power and responsibilities among the (a) Location. The following area is a responsibilities between the Federal various levels of government. We have safety zone: All waters from surface to Government and Indian tribes. analyzed this rule under that Order and bottom within the Mill River, from the determined that this rule does not have 12. Energy Effects shoreline of the English Station implications for federalism. emergency response site. and extending This action is not a ‘‘significant towards the water 5 feet past the 6. Protest Activities energy action’’ under Executive Order containment boom surrounding the site. The Coast Guard respects the First 13211, Actions Concerning Regulations The English Station emergency response Amendment rights of protesters. That Significantly Affect Energy Supply, site is bound inside of an area that starts Protesters are asked to contact the Distribution, or Use. at a point on land at position ° ′ ″ ° ′ ″ person listed in the FOR FURTHER 13. Technical Standards 41 18 30.46 N, 072 54 22.80 W and INTFORMATION CONTACT section to then south along the shoreline to a point coordinate protest activities so that your This rule does not use technical on land at position 41°18′20.21″ N, message can be received without standards. Therefore, we did not 072°54′22.14″ W and then west along jeopardizing the safety or security of consider the use of voluntary consensus the shoreline to a point on land at people, places or vessels. standards. position 41°18′21.08″ N, 072°54′26.84″

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W and then north along the shoreline to (5) Upon being hailed by a U.S. Coast FOR FURTHER INFORMATION CONTACT: If a point on land at position 41°18′30.12″ Guard vessel by siren, radio, flashing you have questions on this rule, call or N, 072°54′27.59″ W and then east across light or other means, the operator of the email Lieutenant Junior Grade Joshua land back to point of origin (NAD). All vessel shall proceed as directed. Dykman, U.S. Coast Guard Sector San positions are approximate. Dated: October 3, 2014. Francisco; telephone (415) 399–3585 or (b) Effective and enforcement period. E.J. Cubanski, III, email at D11–PF-MarineEvents@ This rule will be effective and enforced uscg.mil. If you have questions on from 1:00 p.m. on October 3, 2014 to Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. viewing or submitting material to the 11:59 p.m. on November 30, 2014. docket, call Barbara Hairston, Program [FR Doc. 2014–24768 Filed 10–16–14; 8:45 am] (c) Definitions. The following Manager, Docket Operations, telephone definitions apply to this section: A BILLING CODE 9110–04–P (202) 366–9826. ‘‘designated representative’’ is any Coast SUPPLEMENTARY INFORMATION: Guard commissioned, warrant or petty DEPARTMENT OF HOMELAND officer of the U.S. Coast Guard who has Table of Acronyms SECURITY been designated by the COTP, Sector DHS Department of Homeland Security Long Island Sound, to act on his or her Coast Guard FR Federal Register behalf. The designated representative A. Regulatory History and Information may be on an official patrol vessel or 33 CFR Part 165 may be on shore and will communicate The Coast Guard is issuing this with vessels via VHF–FM radio or [Docket No. USCG–2014–0832] temporary final rule without prior loudhailer. ‘‘Official patrol vessels’’ may RIN 1625–AA00 notice and opportunity to comment consist of any Coast Guard, Coast Guard pursuant to authority under section 4(a) Auxiliary, state, or local law Safety Zone: Pier 39 36th Anniversary of the Administrative Procedure Act enforcement vessels assigned or Fireworks Display, San Francisco Bay, (APA) (5 U.S.C. 553(b)). This provision approved by the COTP Sector Long San Francisco, CA authorizes an agency to issue a rule Island Sound. In addition, members of without prior notice and opportunity to the Coast Guard Auxiliary may be AGENCY: Coast Guard, DHS. comment when the agency for good present to inform vessel operators of ACTION: Temporary final rule. cause finds that those procedures are this regulation. The containment boom SUMMARY: The Coast Guard is ‘‘impracticable, unnecessary, or contrary used in this emergency environmental establishing temporary safety zone in to the public interest.’’ The Coast Guard response and utilized as a landmark for the navigable waters of the San received the information about the this safety zone is composed of harbor Francisco Bay near Pier 39 in support of fireworks display on August 8, 2014, boom sections surrounding the English the Pier 39 36th Anniversary Fireworks making notice and comment Station starting near the northeastern Display on October 4, 11, 18 and 25, impracticable as the fireworks display corner of the site, extending south 2014. The safety zone is established to would occur before the rulemaking towards the southeastern corner, and ensure the safety of participants and process would be completed. Similarly, under 5 U.S.C. 553(d)(3), then extending west towards the spectators from the dangers associated the Coast Guard finds that good cause southwestern corner and then extending with pyrotechnics. Unauthorized exists for making this rule effective less north towards the northwestern corner persons or vessels are prohibited from than 30 days after publication in the and ending there. The containment entering into, transiting through, or Federal Register. Because of the dangers boom is anchored onsite and marked remaining in the safety zone without posed by the pyrotechnics used in this with amber flashing lights for nighttime permission of the Captain of the Port or fireworks display, the safety zone is visibility. Vessels not engaged in the their designated representative. English Station Emergency necessary to provide for the safety of DATES: Environmental Response are to stay at This rule is effective without event participants, spectators, spectator least 5 feet away from the containment actual notice from October 17, 2014 craft, and other vessels transiting the boom. until October 25, 2014. For the purposes event area. For the safety concerns (d) Regulations. (1) The general of enforcement, actual notice will be noted, it is in the public interest to have regulations contained in 33 CFR 165.23 used from October 4, 2014 until October these regulations in effect during the apply. 17, 2014. This rule will be enforced event. (2) In accordance with the general from 11 a.m. to 9 p.m. on October 4, 11, regulations in 33 CFR 165.23, entry into 18 and 25, 2014. B. Basis and Purpose or movement within this zone is ADDRESSES: Documents mentioned in The legal basis for the proposed rule prohibited unless authorized by the this preamble are part of docket USCG– is 33 U.S.C 1231; 46 U.S.C Chapter 701, Captain of the Port, Southeastern Long 2014–0832. To view documents 3306, 3703; 50 U.S.C. 191, 195; 33 CFR Island Sound. mentioned in this preamble as being 1.05–1, 6.04–1, 6.04–6, 160.5; Public (3) Operators of vessels desiring to available in the docket, go to http:// Law 107–295, 116 Stat. 2064; enter or operate within the safety zone www.regulations.gov, type the docket Department of Homeland Security should contact the COTP Sector Long number in the ‘‘SEARCH’’ box and click Delegation No. 0170.1, which Island Sound at 203–468–4401 (Sector ‘‘SEARCH.’’ Click on Open Docket collectively authorize the Coast Guard LIS command center) or the designated Folder on the line associated with this to establish safety zone. representative via VHF channel 16 to rulemaking. You may also visit the Pier 39 will sponsor the Pier 39 36th obtain permission to do so. Docket Management Facility in Room Anniversary Fireworks Display on (4) Any Vessel given permission to W12–140 on the ground floor of the October 4, 11, 18 and 25, 2014, near Pier enter or operate in the safety zone must Department of Transportation West 39 in San Francisco, CA in approximate comply with all directions given to Building, 1200 New Jersey Avenue SE., positions 37°48′45″ N, 122°24′40″ W them by the COTP Sector Long Island Washington, DC 20590, between 9 a.m. (NAD83) as depicted in National Sound or the designated on-scene and 5 p.m., Monday through Friday, Oceanic and Atmospheric representative. except Federal holidays. Administration (NOAA) Chart 18650.

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During the loading of the fireworks D. Regulatory Analyses 3. Assistance for Small Entities barge, while the barge is being towed to We developed this rule after Under section 213(a) of the Small the display location, and until the start considering numerous statutes and Business Regulatory Enforcement of the fireworks display, the safety zone executive orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121), applies to the navigable waters around Below we summarize our analyses we want to assist small entities in and under the fireworks barge within a based on these statutes and executive understanding this rule. If the rule radius of 100 feet. Loading of the orders. would affect your small business, pyrotechnics onto the fireworks barges organization, or governmental is scheduled to take place from 11 a.m. 1. Regulatory Planning and Review jurisdiction and you have questions concerning its provisions or options for until 3 p.m. on October 4, 11, 18 and 25, This rule is not a significant compliance, please contact the person 2014, and will take place at Pier 50 in regulatory action under section 3(f) of listed in the FOR FURTHER INFORMATION San Francisco, CA. Towing of the barge Executive Order 12866, Regulatory from Pier 50 to the display location is CONTACT, above. Planning and Review, as supplemented Small businesses may send comments scheduled to take place from 7 p.m. by Executive Order 13563, Improving until 7:45 p.m. on October 4, 11, 18 and on the actions of Federal employees Regulation and Regulatory Review, and who enforce, or otherwise determine 25, 2014. The fireworks display is meant does not require an assessment of for entertainment purposes. A restricted compliance with, Federal regulations to potential costs and benefits under the Small Business and Agriculture area around the fireworks barge is section 6(a)(3) of Executive Order 12866 necessary to protect spectators, vessels, Regulatory Enforcement Ombudsman or under section 1 of Executive Order and the Regional Small Business and other property from the hazards 13563. The Office of Management and associated with pyrotechnics. Regulatory Fairness Boards. The Budget has not reviewed it under those Ombudsman evaluates these actions C. Discussion of the Final Rule Orders. annually and rates each agency’s We expect the economic impact of responsiveness to small business. If you The Coast Guard is establishing a this rule will not rise to the level of wish to comment on actions by safety zone from 11 a.m. to 9 p.m. on necessitating a full Regulatory employees of the Coast Guard, call 1– October 4, 11, 18 and 25, 2014 for the Evaluation. The safety zone is limited in 888–REG–FAIR (1–888–734–3247). The Pier 39 36th Anniversary Fireworks duration, and is limited to a narrowly Coast Guard will not retaliate against Display. The safety zone establishes a tailored geographic area. In addition, small entities that question or complain temporary restricted area on the waters although this rule restricts access to the about this rule or any policy or action 100 feet surrounding the fireworks barge waters encompassed by the safety zone, of the Coast Guard. during the loading, transit and arrival of the effect of this rule will not be the pyrotechnics from the loading site to significant because the local waterway 4. Collection of Information the launch site and until the users will be notified via public This rule will not call for a new commencement of the fireworks Broadcast Notice to Mariners to ensure collection of information under the display. Upon the commencement of the the safety zone will result in minimum Paperwork Reduction Act of 1995 (44 fireworks display, the safety zone will impact. The entities most likely to be U.S.C. 3501–3520). increase in size and encompass the affected are waterfront facilities, 5. Federalism navigable waters around the fireworks commercial vessels, and pleasure craft A rule has implications for federalism barge within a radius of 560 feet. engaged in recreational activities. under Executive Order 13132, Upon the commencement of the 10- 2. Impact on Small Entities Federalism, if it has a substantial direct minute firework display, scheduled to The Regulatory Flexibility Act of 1980 effect on the States, on the relationship take place from 8:30 p.m. until 8:40 p.m. between the national government and on October 4, 11, 18 and 25, 2014, the (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the the States, or on the distribution of safety zone will increase in size and potential impact of regulations on small power and responsibilities among the encompass the navigable waters around entities during rulemaking. The term various levels of government. We have and under the fireworks barge within a ‘‘small entities’’ comprises small analyzed this rule under that Order and radius of 560 feet and the will be businesses, not-for-profit organizations determined that this rule does not have located off of Pier 39 in approximate that are independently owned and implications for federalism. position 37° 48′45″ N, 122° 24′40″ W operated and are not dominant in their 6. Protest Activities (NAD 83) for the Pier 39 36th fields, and governmental jurisdictions The Coast Guard respects the First Anniversary Fireworks Display. At the with populations of less than 50,000. conclusion of the fireworks display the Amendment rights of protesters. safety zone shall terminate. This rule may affect owners and Protesters are asked to contact the operators of waterfront facilities, person listed in the FOR FURTHER The effect of the temporary safety commercial vessels, and pleasure craft INFORMATION CONTACT section to zone will be to restrict navigation in the engaged in recreational activities and coordinate protest activities so that your vicinity of the launch site until the sightseeing. The safety zone will not message can be received without conclusion of the scheduled display. have a significant economic impact on jeopardizing the safety or security of Except for persons or vessels authorized a substantial number of small entities people, places or vessels. by the Coast Guard Patrol Commander, for the following reasons. The safety no person or vessel may enter or remain zone will be activated, and thus subject 7. Unfunded Mandates Reform Act in the restricted area. These regulations to enforcement, for a limited duration. The Unfunded Mandates Reform Act are needed to keep spectators and When the safety zone is activated, vessel of 1995 (2 U.S.C. 1531–1538) requires vessels away from the immediate traffic could pass safely around the Federal agencies to assess the effects of vicinity of the launch site to ensure the safety zone. The maritime public will be their discretionary regulatory actions. In safety of participants, spectators, and advised in advance of the safety zone particular, the Act addresses actions transiting vessels. via Broadcast Notice to Mariners. that may result in the expenditure by a

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State, local, or tribal government, in the of a category of actions that do not 2014. The Captain of the Port San aggregate, or by the private sector of individually or cumulatively have a Francisco (COTP) will notify the $100,000,000 (adjusted for inflation) or significant effect on the human maritime community of periods during more in any one year. Though this rule environment. This rule involves a safety which this zone will be enforced via will not result in such an expenditure, zone of limited size and duration. This Broadcast Notice to Mariners in we do discuss the effects of this rule rule is categorically excluded from accordance with 33 CFR 165.7. elsewhere in this preamble. further review under paragraph 34(g) of (c) Definitions. As used in this Figure 2–1 of the Commandant section, ‘‘designated representative’’ 8. Taking of Private Property Instruction. An environmental analysis means a Coast Guard Patrol This rule will not cause a taking of checklist supporting this determination Commander, including a Coast Guard private property or otherwise have and a Categorical Exclusion coxswain, petty officer, or other officer taking implications under Executive Determination are available in the on a Coast Guard vessel or a Federal, Order 12630, Governmental Actions and docket where indicated under State, or local officer designated by or Interference with Constitutionally ADDRESSES. We seek any comments or assisting the COTP in the enforcement Protected Property Rights. information that may lead to the of the safety zone. 9. Civil Justice Reform discovery of a significant environmental (d) Regulations. (1) Under the general impact from this rule. regulations in 33 CFR Part 165, Subpart This rule meets applicable standards C, entry into, transiting or anchoring List of Subjects in 33 CFR Part 165 in sections 3(a) and 3(b)(2) of Executive within this safety zone is prohibited Order 12988, Civil Justice Reform, to Harbors, Marine safety, Navigation unless authorized by the COTP or a minimize litigation, eliminate (water), Reporting and recordkeeping designated representative. ambiguity, and reduce burden. requirements, Security measures, and (2) The safety zone is closed to all 10. Protection of Children Waterways. vessel traffic, except as may be For the reasons discussed in the permitted by the COTP or a designated We have analyzed this rule under preamble, the Coast Guard amends 33 representative. Executive Order 13045, Protection of CFR part 165 as follows: (3) Vessel operators desiring to enter Children from Environmental Health or operate within the safety zone must Risks and Safety Risks. This rule is not PART 165—REGULATED NAVIGATION contact the COTP or a designated an economically significant rule and AREAS AND LIMITED ACCESS AREAS representative to obtain permission to does not create an environmental risk to do so. Vessel operators given permission ■ 1. The authority citation for part 165 health or risk to safety that may to enter or operate in the safety zone continues to read as follows: disproportionately affect children. must comply with all directions given to 11. Indian Tribal Governments Authority: 33 U.S.C. 1231; 46 U.S.C. them by the COTP or a designated Chapter 701, 3306, 3707; 50 U.S.C. 191, 195; representative. Persons and vessels may This rule does not have tribal 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. request permission to enter the safety implications under Executive Order 107–295, 116 Stat. 2064; Department of zone on VHF–23A or through the 24- 13175, Consultation and Coordination Homeland Security Delegation No. 0170.1. hour Command Center at telephone with Indian Tribal Governments, ■ 2. Add § 165.T11–664 to read as (415) 399–3547. because it does not have a substantial follows: direct effect on one or more Indian Dated: September 29, 2014. tribes, on the relationship between the § 165.T11–664 Safety zone; Pier 39 36th Gregory G. Stump, Federal Government and Indian tribes, Anniversary Fireworks Display, San Captain, U.S. Coast Guard, Captain of the or on the distribution of power and Francisco Bay, San Francisco, CA. Port San Francisco. responsibilities between the Federal (a) Location. This temporary safety [FR Doc. 2014–24780 Filed 10–16–14; 8:45 am] Government and Indian tribes. zone is established in the navigable BILLING CODE 9110–04–P waters of the San Francisco Bay near 12. Energy Effects Pier 39 in San Francisco, CA as depicted This action is not a ‘‘significant in National Oceanic and Atmospheric ENVIRONMENTAL PROTECTION energy action’’ under Executive Order Administration (NOAA) Chart 18650. AGENCY 13211, Actions Concerning Regulations From 11 a.m. to 8:30 p.m. on October 4, That Significantly Affect Energy Supply, 11, 18 and 25, 2014, the temporary 40 CFR Part 52 Distribution, or Use. safety zone applies to the nearest point of the fireworks barge within a radius of [EPA–R09–OAR–2014–0529; FRL–9915–53– 13. Technical Standards 100 feet during the loading, transit, and Region 9] This rule does not use technical arrival of the fireworks barge from Pier Revisions to the California State standards. Therefore, we did not 50 to the launch site near Pier 39 in Implementation Plan, California Air consider the use of voluntary consensus approximate positions 37°48′45″ N, ° ′ ″ Resources Board—Consumer standards. 122 24 40 W (NAD83). From 8:30 p.m. Products until 9 p.m. on October 4, 11, 18 and 25, 14. Environment 2014, the temporary safety zone will AGENCY: Environmental Protection We have analyzed this rule under increase in size and encompass the Agency (EPA). Department of Homeland Security navigable waters around and under the ACTION: Direct final rule. Management Directive 023–01 and fireworks barge in approximate position Commandant Instruction M16475.lD, 37°48′45″ N, 122°24′40″ W (NAD83) SUMMARY: The Environmental Protection which guide the Coast Guard in within a radius of 560 feet. Agency (EPA) is taking direct final complying with the National (b) Enforcement period. The zone action to approve revisions to the Environmental Policy Act of 1969 described in paragraph (a) of this California Air Resources Board portion (NEPA) (42 U.S.C. 4321–4370f), and section will be enforced from 11 a.m. to of the California State Implementation have determined that this action is one 9 p.m. on October 4, 11, 18 and 25, Plan (SIP). These revisions concern

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volatile organic compound (VOC) restricted by statute. Information that (e.g., CBI). To inspect the hard copy emissions from consumer products. We you consider CBI or otherwise protected materials, please schedule an are approving a local rule that regulates should be clearly identified as such and appointment during normal business these emission sources under the Clean should not be submitted through hours with the contact listed in the FOR Air Act (CAA or the Act). www.regulations.gov or email. FURTHER INFORMATION CONTACT section. DATES: This rule is effective on www.regulations.gov is an ‘‘anonymous FOR FURTHER INFORMATION CONTACT: access’’ system, and EPA will not know December 16, 2014 without further Stanley Tong, EPA Region IX, (415) notice, unless EPA receives adverse your identity or contact information 947–4122, [email protected]. comments by November 17, 2014. If we unless you provide it in the body of receive such comments, we will publish your comment. If you send email SUPPLEMENTARY INFORMATION: a timely withdrawal in the Federal directly to EPA, your email address will Throughout this document, ‘‘we,’’ ‘‘us,’’ Register to notify the public that this be automatically captured and included and ‘‘our’’ refer to EPA. direct final rule will not take effect. as part of the public comment. If EPA Table of Contents ADDRESSES: Submit comments, cannot read your comment due to identified by docket number EPA–R09– technical difficulties and cannot contact I. The State’s Submittal OAR–2014–0529, by one of the you for clarification, EPA may not be A. What rule did the State submit? following methods: able to consider your comment. B. Are there other versions of this rule? 1. Federal eRulemaking Portal: Electronic files should avoid the use of C. What is the purpose of the submitted www.regulations.gov. Follow the on-line special characters, any form of rule revision? instructions. encryption, and be free of any defects or II. EPA’s Evaluation and Action 2. Email: [email protected]. viruses. A. How is EPA evaluating the rule? 3. Mail or deliver: Andrew Steckel Docket: Generally, documents in the B. Does the rule meet the evaluation (Air-4), U.S. Environmental Protection docket for this action are available criteria? Agency Region IX, 75 Hawthorne Street, electronically at www.regulations.gov C. Public Comment and Final Action San Francisco, CA 94105–3901. and in hard copy at EPA Region IX, 75 III. Statutory and Executive Order Reviews Instructions: All comments will be Hawthorne Street, San Francisco, included in the public docket without California 94105–3901. While all I. The State’s Submittal change and may be made available documents in the docket are listed at A. What rule did the State submit? online at www.regulations.gov, www.regulations.gov, some information including any personal information may be publicly available only at the Table 1 lists the rule we are approving provided, unless the comment includes hard copy location (e.g., copyrighted with the date it was amended by the Confidential Business Information (CBI) material, large maps), and some may not State and submitted by the California or other information whose disclosure is be publicly available in either location Air Resources Board (CARB).

TABLE 1—SUBMITTED CALIFORNIA AIR RESOURCES BOARD RULE

Filed with California Submitted to Regulation Amended Secretary of State EPA

Subchapter 8.5—Consumer Products; Article 2—Consumer Products ...... March 15, 2013 ...... April 25, 2013 ...... May 28, 2014.

On July 18, 2014, EPA determined into the SIP on February 13, 2012 (77 FR On September 29, 2011, and March that the submittal for California Code of 7535). CARB’s submittal letter advised 15, 2013 CARB adopted additional Regulations, Title 17, Division 3, EPA that its SIP submission did not revisions to the SIP-approved version Chapter 1, Subchapter 8.5—Consumer include the second tier 3% VOC limits and submitted them to us along with the Products; Article 2—Consumer Products for Multi-purpose Solvents and Paint 3% VOC limit for Multi-purpose met the completeness criteria in 40 CFR Thinners. CARB’s intent was to monitor Solvents and Paint Thinners on May 28, Part 51 Appendix V, which must be met manufacturers’ progress to meet both 2014. Table 2 lists the three before formal EPA review. the technology forcing lower VOC limit amendments. While we can act on only and a less flammable product. In 2013 the most recently amended version that B. Are there other versions of this rule? CARB determined the 3% VOC limit for was submitted to EPA, we have We approved an earlier version of Multi-purpose Solvents and Paint reviewed materials provided with the CARB’s Consumer Products Regulation Thinners was technically feasible and SIP submittal and note that it includes (amended on August 6, 2010 and included the limit in a May 28, 2014 SIP and builds on the previous submitted to EPA on January 28, 2011), submittal. amendments.

TABLE 2—CALIFORNIA AIR RESOURCES BOARD SUBMITTED REVISIONS TO ITS CONSUMER PRODUCTS REGULATION

1 Filed with California Board hearing Amended Secretary of State Submitted to EPA

September 24, 2009 ...... August 6, 2010 ...... September 20, 2010 .. May 28, 2014 (2nd tier—3% VOC limit for Multi-purpose Solvents and Paint Thinners only). November 18, 2010 ...... September 29, 2011 November 10, 2011 .. May 28, 2014. October 18, 2012 ...... March 15, 2013 ...... April 25, 2013 ...... May 28, 2014.

1 Date the Final Rulemaking Package was filed with the California Office of Administrative Law.

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C. What is the purpose of the submitted dichlorobenzene; (5) add additional test national rule to regulate VOC emissions rule revision? methods to be used to determine the from consumer products (63 FR 48831, VOCs help produce ground-level aromatic content of Multi-purpose September 11, 1998). EPA’s national ozone and smog, which harm human Solvents and Paint Thinners and the rule largely parallels an early SIP- health and the environment. Section VOC content of Fabric Softener-Single approved version of CARB’s consumer 110(a) of the CAA requires States to Use Drying Product; (6) raise the VOC products regulation. The amendments submit regulations that control VOC limit for nonaerosol Oven or Grill from CARB that we are approving today emissions. The California Health and Cleaners products to 4% to regulate nearly three times the number Safety Code (Section 41712(b)) requires accommodate the use of noncaustic of consumer product categories and has CARB to adopt regulations to achieve technologies; (7) delay the effective date more stringent VOC limits than the maximum feasible reduction in until December 31, 2012 for Spot categories covered under EPA’s 1998 volatile organic compounds emitted by Removers, and until December 31, 2013 national rule. CARB points out that consumer products if the state board for Flying Bug Insecticide (aerosol) and although emissions from individual determines that adequate data exist to Wasp or Hornet Insecticide (aerosol); consumer products may not seem large, establish both of the following: and (8) prohibit the use of alkylphenol collectively, they represent a significant (1) The regulations are necessary to ethoxylates in certain products to source of emissions when taking into attain state and federal ambient air ensure these compounds are not used account 39 million California residents quality standards. when reformulating the products. use these products and that given the (2) The regulations are commercially Generally, CARB received support for severity of air pollution in California, and technologically feasible and its amendments from both the consumer ‘‘dramatic emission reductions from all necessary. products industry and environmental sources contributing to ground-level CARB’s May 28, 2014 submittal organizations. Although industry ozone are necessary’’.3 CARB estimates contains the following three commented about the serious and costly that ozone pollution damage to crops is amendments to its Consumer Products reformulation challenges posed by the estimated to cost agriculture over $500 Regulation: (1) The second tier 3% VOC amendments, industry was committed million dollars annually.4 limits for Multi-purpose Solvents and to expending the money to conduct the Guidance and policy documents that Paint Thinners from CARB’s August 6, research and development necessary to we use to evaluate enforceability and 2010 amendments (September 24, 2009 meet the new requirements. SIP requirements consistently include Board Hearing), but excluded from Environmental organizations were also the following: CARB’s January 28, 2011 SIP generally supportive of the proactive 1. ‘‘Issues Relating to VOC Regulation submittal; 2 (2) CARB’s September 29, approach CARB was taking to prohibit Cutpoints, Deficiencies, and 2011 amendments (November 18, 2010 the use of certain toxic compounds in Deviations,’’ EPA, May 25, 1988, revised Board Hearing), which established new order to help protect the health of January 11, 2000 (the Bluebook). or lower VOC limits for 11 consumer workers and consumers, and prohibiting 2. ‘‘State Implementation Plans; product categories; and (3) CARB’s the use of compounds with high global General Preamble for the March 15, 2013 amendments (October warming potential in the reformulation Implementation of Title I of the Clean 18, 2012 Board Hearing), which of products to meet lower VOC limits. Air Act Amendments of 1990,’’ 57 FR incorporates additional areas where CARB estimates that raising the VOC 13498 (April 16, 1992); 57 FR 18070 higher VOC automobile windshield limit for Oven or Grill Cleaners to 4% (April 28, 1992). washer fluid could be sold to will result in an increase of 3. ‘‘Guidance Document for Correcting accommodate mountainous areas that approximately 0.1 tons per day (tpd) Common VOC & Other Rule routinely experience freezing and that increasing the number of areas Deficiencies,’’ EPA Region 9, August 21, temperatures in the winter. where higher VOC automotive 2001 (the Little Bluebook). The amendments also: (1) Add or windshield washer fluid could be sold 4. 40 CFR 59 Subpart C, National modify the definitions for artist’s will result in an increase of 0.12 tpd Volatile Organic Compound Emission solvent/thinner, oven cleaners, spot VOC. CARB’s staff reports indicate these Standards for Consumer Products. removers, and the ‘‘Most Restrictive increases would be offset by B. Does the rule meet the evaluation Limit’’ provision; (2) consolidate approximately 11 tpd of VOC reductions criteria? existing requirements into a table listing from other consumer product categories. We believe this rule is consistent with the consumer product categories that EPA’s technical support document the relevant policy and guidance prohibit the use of the toxic air (TSD) has more information about this regarding enforceability and SIP contaminants methylene chloride, rule. relaxations. CARB estimates that raising perchloroethylene, and II. EPA’s Evaluation and Action the VOC limit for Oven or Grill Cleaners trichloroethylene. This will make it and increasing the mountainous areas easier to find the requirements for all A. How is EPA evaluating the rule? where higher VOC windshield washer consumer product categories where use CAA section 110(a)(2)(A) requires that fluid can be sold will increase VOC of these compounds is prohibited; (3) regulations submitted to EPA for emissions by approximately 0.1 and consolidate into a table listing the approval into a SIP must be clear and 0.12 tpd respectively, but that these consumer product categories that legally enforceable. CAA section 110(l) increases are offset by VOC reductions prohibit the use of compounds with a prohibits EPA from approving any SIP (approximately 11 tpd) from other global warming potential (GWP) of 150 revision that would interfere with any consumer product categories. We have or greater; (4) consolidate into a table applicable requirement concerning listing the consumer products that attainment and reasonable further 3 Initial Statement of Reasons; Proposed prohibit the use of para- progress (RFP) or any other applicable Amendments to the California Regulation for requirement of the CAA. California’s Reducing Emissions from Consumer Products; 2 Robert D. Fletcher (CARB), letter to Jared Release Date: September 29, 2010. IV–25. http:// Blumenfeld (EPA Region IX), January 28, 2011, consumer products regulation covers www.arb.ca.gov/regact/2009/cpmthd310/ submitting the August 6, 2010 amendments to VOC area sources and not stationary cpmthdisor.pdf. California’s Consumer Products Regulation. sources. In 1998 EPA promulgated a 4 Ibid. IV–19.

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reviewed CARB’s analysis and agree Executive Order 12866 (58 FR 51735, This action is not a ‘‘major rule’’ as that the emission increases are offset by October 4, 1993); defined by 5 U.S.C. 804(2). greater VOC reductions achieved in • does not impose an information Under section 307(b)(1) of the Clean other consumer product categories and collection burden under the provisions Air Act, petitions for judicial review of that it will not interfere with attainment, of the Paperwork Reduction Act (44 this action must be filed in the United RFP, or any other applicable CAA U.S.C. 3501 et seq.); States Court of Appeals for the requirement. Our TSD has more • is certified as not having a appropriate circuit by December 16, information on our evaluation. significant economic impact on a 2014. Filing a petition for Our action is being taken under CAA substantial number of small entities reconsideration by the Administrator of Title 1 part D and is limited to the under the Regulatory Flexibility Act (5 this final rule does not affect the finality control of criteria pollutants. However, U.S.C. 601 et seq.); of this action for the purposes of judicial we support CARB’s actions to limit • does not contain any unfunded review nor does it extend the time toxic or potentially toxic compounds mandate or significantly or uniquely within which a petition for judicial and those compounds with a high global affect small governments, as described review may be filed, and shall not warming potential. in the Unfunded Mandates Reform Act postpone the effectiveness of such rule C. Public Comment and Final Action of 1995 (Pub. L. 104–4); or action. Parties with objections to this • does not have Federalism direct final rule are encouraged to file a As authorized in section 110(k)(3) of implications as specified in Executive comment in response to the parallel the Act, EPA is fully approving the Order 13132 (64 FR 43255, August 10, notice of proposed rulemaking for this submitted rule because we believe it 1999); action published in the Proposed Rules fulfills all relevant requirements. We do • is not an economically significant section of today’s Federal Register, not think anyone will object to this regulatory action based on health or rather than file an immediate petition approval, so we are finalizing it without safety risks subject to Executive Order for judicial review of this direct final proposing it in advance. However, in 13045 (62 FR 19885, April 23, 1997); rule, so that EPA can withdraw this the Proposed Rules section of this • direct final rule and address the Federal Register, we are simultaneously is not a significant regulatory action subject to Executive Order 13211 (66 FR comment in the proposed rulemaking. proposing approval of the same This action may not be challenged later submitted rule. If we receive adverse 28355, May 22, 2001); • is not subject to requirements of in proceedings to enforce its comments by November 17, 2014, we requirements (see section 307(b)(2)). will publish a timely withdrawal in the Section 12(d) of the National Federal Register to notify the public Technology Transfer and Advancement List of Subjects in 40 CFR Part 52 that the direct final approval will not Act of 1995 (15 U.S.C. 272 note) because application of those requirements would Environmental protection, Air take effect and we will address the pollution control, Incorporation by comments in a subsequent final action be inconsistent with the Clean Air Act; and reference, Intergovernmental relations, based on the proposal. If we do not • Ozone, Reporting and recordkeeping receive timely adverse comments, the does not provide EPA with the discretionary authority to address requirements, Volatile organic direct final approval will be effective compounds. without further notice on December 16, disproportionate human health or 2014. This will incorporate the rule into environmental effects with practical, Dated: August 5, 2014. the federally enforceable SIP. appropriate, and legally permissible Jared Blumenfeld, Please note that if EPA receives methods under Executive Order 12898 Regional Administrator, Region IX. (59 FR 7629, February 16, 1994). adverse comment on an amendment, Part 52, Chapter I, Title 40 of the Code paragraph, or section of this rule and if In addition, this rule does not have tribal implications as specified by of Federal Regulations is amended as that provision may be severed from the follows: remainder of the rule, EPA may adopt Executive Order 13175 (65 FR 67249, as final those provisions of the rule that November 9, 2000), because the SIP is PART 52 [AMENDED] are not the subject of an adverse not approved to apply in Indian country comment. located in the State, and EPA notes that ■ 1. The authority citation for part 52 it will not impose substantial direct continues to read as follows: III. Statutory and Executive Order costs on tribal governments or preempt Reviews tribal law. Authority: 42 U.S.C. 7401 et seq. Under the Clean Air Act, the The Congressional Review Act, 5 Subpart F—California Administrator is required to approve a U.S.C. 801 et seq., as added by the Small SIP submission that complies with the Business Regulatory Enforcement ■ 2. Section 52.220 is amended by provisions of the Act and applicable Fairness Act of 1996, generally provides adding paragraph (c)(444) to read as Federal regulations. 42 U.S.C. 7410(k); that before a rule may take effect, the follows: 40 CFR 52.02(a). Thus, in reviewing SIP agency promulgating the rule must submissions, EPA’s role is to approve submit a rule report, which includes a § 52.220 Identification of plan. State choices, provided that they meet copy of the rule, to each House of the * * * * * the criteria of the Clean Air Act. Congress and to the Comptroller General (c) * * * Accordingly, this action merely of the United States. EPA will submit a (444) New and amended regulations approves State law as meeting Federal report containing this action and other were submitted on May 28, 2014, by the requirements and does not impose required information to the U.S. Senate, Governor’s designee. additional requirements beyond those the U.S. House of Representatives, and (i) Incorporation by reference. (A) imposed by State law. For that reason, the Comptroller General of the United California Air Resource Board. this action: States prior to publication of the rule in (1) ‘‘Final Regulation Order, • Is not a ‘‘significant regulatory the Federal Register. A major rule Regulation for Reducing Emissions from action’’ subject to review by the Office cannot take effect until 60 days after it Consumer Products,’’ Subchapter 8.5 of Management and Budget under is published in the Federal Register. (Consumer Products), Article 2

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(Consumer Products), amended March Environmental Protection (NDEP). Final SUPPLEMENTARY INFORMATION: This 15, 2013. approval of these rules makes these action concerns seven Clark County * * * * * rules federally enforceable and corrects permitting related rules (referred to as [FR Doc. 2014–24492 Filed 10–16–14; 8:45 am] program deficiencies identified in Sections) submitted by Nevada Division BILLING CODE 6560–50–P previous EPA rulemaking. of Environmental Protection (NDEP): DATES: These rules will be effective on Sections 0—Definitions, 12.0— November 17, 2014. Applicability, General Requirements ENVIRONMENTAL PROTECTION ADDRESSES: EPA has established docket and Transition Procedures, 12.1— AGENCY number EPA–R09–OAR–2014–0495 for Permit Requirements for Minor Sources, this action. Generally, documents in the 12.2—Permit Requirements for Major 40 CFR Part 52 docket for this action are available Sources in Attainment Areas, 12.3— [EPA–R09–OAR–2014–0495; FRL–9917–82– electronically at http:// Permit Requirements for Major Sources Region–9] www.regulations.gov or in hard copy at in Nonattainment Areas, 12.4— EPA Region IX, 75 Hawthorne Street, Authority to Construct Application and Revisions of Air Quality San Francisco, California 94105–3901. Permit Requirements for Part 70 Implementation Plan; Nevada; Clark While all documents in the docket are Sources, and subsection 12.7.5 of County; Stationary Source Permits listed at http://www.regulations.gov, Section 12.7—Emission Reduction Credits. AGENCY: Environmental Protection some information may be publicly Agency. available only at the hard copy location Throughout this document, ‘‘we,’’ (e.g., copyrighted material, large maps, ACTION: Final rule. ‘‘us’’ and ‘‘our’’ refer to EPA. multi-volume reports), and some may SUMMARY: The Environmental Protection not be available in either location (e.g., Table of Contents Agency (EPA) is finalizing approval of confidential business information I. Proposed Action revisions to the Clark County (CBI)). To inspect the hard copy II. Public Comments and EPA Responses Department of Air Quality (Clark or materials, please schedule an III. EPA Action DEQ) portion of the Nevada State appointment during normal business IV. Statutory and Executive Order Reviews FOR Implementation Plan (SIP). This action hours with the contact listed in the I. Proposed Action was proposed in the Federal Register on FURTHER INFORMATION CONTACT section. July 23, 2014, and concerns seven Clark FOR FURTHER INFORMATION CONTACT: On July 23, 2014 (79 FR 42752), EPA County permitting related rules Laura Yannayon, EPA Region IX, (415) proposed to approve the following rules submitted by Nevada Division of 972–3534, [email protected]. into the Clark portion of the Nevada SIP.

TABLE 1—SUBMITTED NSR RULES

Section No. Section title Adopted Submitted

0 ...... Definitions ...... 3/18/14 4/1/14 12.0 ...... Applicability, General Requirements and Transition Procedures ...... 3/18/14 4/1/14 12.1 ...... Permit Requirements for Minor Sources ...... 3/18/14 4/1/14 12.2 ...... Permit Requirements for Major Sources in Attainment Areas (Prevention of 3/18/14 4/1/14 Significant Deterioration). 12.3 ...... Permit Requirements for Major Sources in Nonattainment Areas ...... 3/18/14 4/1/14 12.4 ...... Authority to Construct Application and Permit Requirements for Part 70 3/18/14 4/1/14 Sources. 12.7 (Subsection 12.7.5) ...... Emission Reduction Credits ...... 5/18/10 4/1/14

We proposed to approve these rules previous action (77 FR 64039, October 2014, we simultaneously proposed to because we determined that they 18, 2012), and complied with the remove several outdated regulations address deficiencies identified in a relevant CAA requirements. On July 23, from the SIP as listed below.

TABLE 2—RULES REQUESTED TO RESCIND

Section No. Section title Repealed Submitted

1 ...... Definitions ...... 3/18/14 4/01/14 11 ...... Ambient Air Quality Standards ...... 4/05/11 4/01/14 24 ...... Sampling and Testing—Records and Reports ...... 3/16/10 4/01/14

We have reconsidered our proposed section 1 for which we are deferring water’’), ‘‘new gasoline station’’ (SIP rescission of all of the remaining final rescission action at this time, and section 52), ‘‘new source’’ (SIP section defined terms in section 1 the corresponding Clark County SIP rule 26), ‘‘single source’’ (SIP section 26), (‘‘Definitions’’) and are taking final that relies on the term, are as follows: ‘‘standard conditions’’ (SIP section 30), action to rescind all of them with the ‘‘affected facility’’ (SIP section 23), and ‘‘uncombined water’’ (SIP section exception of certain defined terms that ‘‘dust’’ (SIP section 27), ‘‘existing 26). are necessary to retain because they are gasoline station’’ (SIP section 52), Our proposed action and the relied upon in certain Clark County ‘‘fumes’’ (SIP section 27), ‘‘mist’’ (SIP associated Technical Support Document rules in the existing SIP. The terms in section 1 definition of ‘‘uncombined (TSD) contains more information on the

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basis for this rulemaking and on our • is not subject to requirements of Incorporation by reference, evaluation of the submitted rules and Section 12(d) of the National Intergovernmental relations, Lead, rule rescissions. Technology Transfer and Advancement Nitrogen dioxide, Ozone, Particulate Act of 1995 (15 U.S.C. 272 note) because matter, Reporting and recordkeeping II. Public Comments and EPA application of those requirements would requirements, Sulfur oxides, Volatile Responses be inconsistent with the Clean Air Act; organic compounds. EPA’s proposed action provided a 30- and Authority: 42 U.S.C. 7401 et seq. day public comment period. During this • does not provide EPA with the period, we received no comments. discretionary authority to address Dated: September 29, 2014. Alexis Strauss, III. EPA Action disproportionate human health or environmental effects with practical, Acting Regional Administrator, Region IX. No comments were submitted. appropriate, and legally permissible Therefore, as authorized in section Therefore, 40 CFR Chapter I is methods under Executive Order 12898 amended as follows: 110(k)(3) of the Act, EPA is fully (59 FR 7629, February 16, 1994). approving these rules and rule In addition, this final rule does not have PART 52—APPROVAL AND rescissions 1 as revisions to the Clark tribal implications as specified by PROMULGATION OF County portion of the Nevada SIP. Executive Order 13175 (65 FR 67249, IMPLEMENTATION PLANS IV. Statutory and Executive Order November 9, 2000), because the SIP is Reviews not approved to apply in Indian country ■ 1. The authority citation for part 52 continues to read as follows: Under the Clean Air Act, the located in the State, and EPA notes that Administrator is required to approve a it will not impose substantial direct Authority: 42 U.S.C. 7401 et seq. SIP submission that complies with the costs on tribal governments or preempt Subpart DD—Nevada provisions of the Act and applicable tribal law. Federal regulations. 42 U.S.C. 7410(k); The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small ■ 2. In § 52.1470 in paragraph (c), Table 40 CFR 52.02(a). Thus, in reviewing SIP 3 is amended by: submissions, EPA’s role is to approve Business Regulatory Enforcement ■ a. Revising the entries for ‘‘Section 0,’’ State choices, provided that they meet Fairness Act of 1996, generally provides ‘‘Section 12.0,’’ ‘‘Section 12.1,’’ ‘‘Section the criteria of the Clean Air Act. that before a rule may take effect, the 12.2,’’ ‘‘Section 12.3,’’ and ‘‘Section Accordingly, this action merely agency promulgating the rule must submit a rule report, which includes a 12.4’’; approves State law as meeting Federal ■ requirements, in part, and does not copy of the rule, to each House of the b. Adding an entry for ‘‘Section 12.7: impose additional requirements beyond Congress and to the Comptroller General Subsection 12.7.5’’ after the entry for those imposed by State law. For that of the United States. EPA will submit a ‘‘Section 12.4’’; and ■ reason, this final action: report containing this rule and other c. Removing the entries for ‘‘Section 1 • Is not a ‘‘significant regulatory required information to the U.S. Senate, (‘‘Definitions’’): Subsection 1.6’’, action’’ subject to review by the Office the U.S. House of Representatives, and ‘‘Section 1 (‘‘Definitions’’): Subsection of Management and Budget under the Comptroller General of the United 1.11’’, ‘‘Section 1 (‘‘Definitions’’): Executive Order 12866 (58 FR 51735, States prior to publication of the rule in Subsection 1.12’’, ‘‘Section 1 October 4, 1993); the Federal Register. A major rule (‘‘Definitions’’): Subsection 1.16’’, • does not impose an information cannot take effect until 60 days after it ‘‘Section 1 (‘‘Definitions’’): Subsection collection burden under the provisions is published in the Federal Register. 1.23’’, ‘‘Section 1 (‘‘Definitions’’): of the Paperwork Reduction Act (44 This action is not a ‘‘major rule’’ as Subsection 1.28’’, ‘‘Section 1 U.S.C. 3501 et seq.); defined by 5 U.S.C. 804(2). (‘‘Definitions’’): Subsection 1.30’’, • is certified as not having a Under section 307(b)(1) of the Clean ‘‘Section 1 (‘‘Definitions’’): Subsection significant economic impact on a Air Act, petitions for judicial review of 1.40’’, ‘‘Section 1 (‘‘Definitions’’): substantial number of small entities this action must be filed in the United Subsection 1.41’’, ‘‘Section 1 under the Regulatory Flexibility Act States Court of Appeals for the (‘‘Definitions’’): Subsection 1.44’’, (5 U.S.C. 601 et seq.); appropriate circuit by December 16, ‘‘Section 1 (‘‘Definitions’’): Subsection • does not contain any unfunded 2014. Filing a petition for 1.60’’, ‘‘Section 1 (‘‘Definitions’’): mandate or significantly or uniquely reconsideration by the Administrator of Subsection 1.70’’, ‘‘Section 1 affect small governments, as described this final rule does not affect the finality (‘‘Definitions’’): Subsection 1.83’’, in the Unfunded Mandates Reform Act of this rule for the purposes of judicial ‘‘Section 1 (‘‘Definitions’’): Subsection of 1995 (Pub. L. 104–4); review nor does it extend the time 1.84’’, ‘‘Section 1 (‘‘Definitions’’): • does not have Federalism within which a petition for judicial Subsection 1.87’’, ‘‘Section 1 implications as specified in Executive review may be filed, and shall not (‘‘Definitions’’): Subsection 1.91’’, Order 13132 (64 FR 43255, August 10, postpone the effectiveness of such rule ‘‘Section 1 (‘‘Definitions’’): Subsection 1999); or action. This action may not be 1.97’’, ‘‘Section 11’’, and ‘‘Section 24: • is not an economically significant challenged later in proceedings to Subsections 24.1–24.5.’’ regulatory action based on health or enforce its requirements (see section The revised and added text reads as safety risks subject to Executive Order 307(b)(2)). follows: 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action List of Subjects in 40 CFR Part 52 § 52.1470 Identification of plan. subject to Executive Order 13211 (66 FR Environmental protection, Air * * * * * 28355, May 22, 2001); pollution control, Carbon monoxide, (c) * * *

1 As noted above, we are deferring final rescission gasoline station’’, ‘‘fumes’’, ‘‘mist’’, ‘‘new gasoline station’’, ‘‘new source’’, ‘‘single source’’, ‘‘standard action on ‘‘affected facility’’, ‘‘dust’’, ‘‘existing conditions’’, and ‘‘uncombined water’’.

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TABLE 3—EPA-APPROVED CLARK COUNTY REGULATIONS

County County citation Title/Subject effective EPA approval date Additional explanation date

Section 0 ...... Definitions ...... 4/1/14 [Insert Federal Register Amended by Clark County Board of County citation], 10/17/14. Commissioners on March 18, 2014 through Ordinance No. 4189. Submitted by NDEP on 4/1/14.

******* Section 12.0 ...... Applicability, General 4/1/14 [Insert Federal Register Amended by Clark County Board of County Requirements and citation], 10/17/14. Commissioners on March 18, 2014 through Transition Procedures. Ordinance No. 4189. Submitted by NDEP on 4/1/14. Section 12.1 ...... Permit Requirements for 4/1/14 [Insert Federal Register Amended by Clark County Board of County Minor Sources. citation], 10/17/14. Commissioners on March 18, 2014 through Ordinance No. 4189. Submitted by NDEP on 4/1/14. Section 12.2 ...... Permit Requirements for 4/1/14 [Insert Federal Register Amended by Clark County Board of County Major Sources in At- citation], 10/17/14. Commissioners on March 18, 2014 through tainment Areas (Pre- Ordinance No. 4189. Submitted by NDEP on vention of Significant 4/1/14. Deterioration). Section 12.3 ...... Permit Requirements for 4/1/14 [Insert Federal Register Amended by Clark County Board of County Major Sources in citation], 10/17/14. Commissioners on March 18, 2014 through Nonattainment Areas. Ordinance No. 4189. Submitted by NDEP on 4/1/14. Section 12.4 ...... Authority to Construct 4/1/14 [Insert Federal Register Amended by Clark County Board of County Application and Per- citation], 10/17/14. Commissioners on March 18, 2014 through mit Requirements For Ordinance No. 4189. Submitted by NDEP on Part 70 Sources. 4/1/14. Section 12.7: Subsection Emission Reduction 7/1/10 [Insert Federal Register The heading for subsection 12.7.5 is ‘‘Criteria for 12.7.5. Credits. citation], 10/17/14. Granting ERCs.’’ Adopted by Clark County Board of County Commissioners on May 18, 2010 through Ordinance No. 3864. Submitted by NDEP on 4/1/14.

*******

* * * * * the Chicago ozone nonattainment area ADDRESSES: Submit your comments, [FR Doc. 2014–24510 Filed 10–16–14; 8:45 am] (NAA) as a component of the Illinois identified by Docket ID No. EPA–R05– BILLING CODE 6560–50–P ozone SIP. The SIP revision also OAR–2014–0123, by one of the includes amendments to the state’s following methods: permitting regulations applicable to 1. www.regulations.gov: Follow the ENVIRONMENTAL PROTECTION storage tanks and fuel dispensing, on-line instructions for submitting AGENCY including repealing the Stage I vapor comments. 2. Email: [email protected]. 40 CFR Part 52 recovery (Stage I) registration provisions due to overlapping Federal notification 3. Fax: (312) 692–2450. [EPA–R05–OAR–2014–0123; FRL–9917–42– requirements and state tracking systems 4. Mail: Pamela Blakley, Chief, Region 5] Control Strategies Section, Air Programs for gasoline dispensing operations. Branch (AR–18J), U.S. Environmental Finally, the SIP revision includes other Approval and Promulgation of Air Protection Agency, 77 West Jackson Quality Implementation Plans; Illinois; clarifying and clean-up amendments at Boulevard, Chicago, Illinois 60604. Amendments to Gasoline Vapor 35 Ill. Adm. Code Parts 201, 218, and 5. Hand Delivery: Pamela Blakley, Recovery Requirements for Illinois 219. The submittal also includes a Chief, Control Strategies Section, Air demonstration under section 110(l) of AGENCY: Environmental Protection Programs Branch (AR–18J), U.S. the Clean Air Act (CAA) that shows Agency (EPA). Environmental Protection Agency, 77 there are no emissions impacts ACTION: Direct final rule. West Jackson Boulevard, Chicago, associated with the removal of the Illinois 60604. Such deliveries are only SUMMARY: The Environmental Protection program. accepted during the Regional Office Agency (EPA) is approving a state normal hours of operation, and special DATES: implementation plan (SIP) revision This direct final rule is effective arrangements should be made for submitted by the Illinois Environmental December 16, 2014, unless EPA receives deliveries of boxed information. The Protection Agency (IEPA) on January 17, adverse comments by November 17, Regional Office official hours of 2014, concerning the state’s gasoline 2014. If adverse comments are received, business are Monday through Friday, vapor recovery requirements. The EPA will publish a timely withdrawal of 8:30 a.m. to 4:30 p.m., excluding revision phases out the Stage II vapor the direct final rule in the Federal Federal holidays. recovery (Stage II) program Register informing the public that the Instructions: Direct your comments to requirements in the Illinois portion of rule will not take effect. Docket ID No. EPA–R05–OAR–2014–

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0123. EPA’s policy is that all comments SUPPLEMENTARY INFORMATION: During the phase-in of ORVR controls, received will be included in the public Throughout this document whenever Stage II has provided volatile organic docket without change and may be ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean compound (VOC) reductions in ozone made available online at EPA. This supplementary information NAAs and certain attainment areas of www.regulations.gov, including any section is arranged as follows: the OTR. Congress recognized that personal information provided, unless I. What is the Background for Illinois’ Stage ORVR and Stage II would eventually the comment includes information II Vapor Recovery Program? become largely redundant technologies, claimed to be Confidential Business II. What Changes Have Been Made to Illinois’ and provided authority to EPA to allow Information (CBI) or other information Gasoline Vapor Recovery Requirements? states to remove Stage II from their SIPs whose disclosure is restricted by statute. III. What is EPA’s Analysis of the State’s after EPA finds that ORVR is in Do not submit information that you Submittal? widespread use. Effective May 16, 2012, consider to be CBI or otherwise IV. What Action is EPA Taking? the date the final rule was published in protected through www.regulations.gov V. Statutory and Executive Order Reviews the Federal Register (77 FR 28772), EPA or email. The www.regulations.gov Web determined that ORVR is in widespread I. What is the background for Illinois’ site is an ‘‘anonymous access’’ system, nationwide use for control of gasoline Stage II Vapor Recovery Program? which means EPA will not know your emissions during refueling of vehicles at identity or contact information unless Stage II and onboard refueling vapor GDFs. Currently, more than 75 percent you provide it in the body of your recovery systems (ORVR) are two types of gasoline refueling nationwide occurs comment. If you send an email of emission control systems that capture with ORVR-equipped vehicles, so Stage comment directly to EPA without going fuel vapors from vehicle gas tanks II programs have become largely through www.regulations.gov your email during refueling. Stage II systems are redundant control systems and Stage II address will be automatically captured specifically installed at gasoline systems achieve an ever declining and included as part of the comment dispensing facilities (GDF) and capture emissions benefit as more ORVR- that is placed in the public docket and the refueling fuel vapors at the gasoline equipped vehicles continue to enter the made available on the Internet. If you pump nozzle. The system carries the on-road motor vehicle fleet.1 EPA also submit an electronic comment, EPA vapors back to the underground storage exercised its authority under CAA recommends that you include your tank at the GDF to prevent the vapors section 202(a)(6) to waive certain name and other contact information in from escaping to the atmosphere. ORVR Federal statutory requirements for Stage the body of your comment and with any systems are carbon canisters installed II gasoline vapor recovery at GDFs. This disk or CD–ROM you submit. If EPA directly on automobiles to capture the decision exempts all new ozone NAAs cannot read your comment due to fuel vapors evacuated from the gasoline classified serious or above from the technical difficulties and cannot contact tank before they reach the nozzle. The requirement to adopt Stage II control you for clarification, EPA may not be fuel vapors captured in the carbon programs. Similarly, any states currently able to consider your comment. canisters are then combusted in the implementing Stage II programs may Electronic files should avoid the use of engine when the automobile is in submit SIP revisions that, once special characters, any form of operation. Stage II and vehicle ORVR approved by EPA, would allow for the encryption, and be free of any defects or were initially both required by the 1990 phase out of Stage II control systems. viruses. Amendments to the CAA under sections On September 30, 1992, Illinois Docket: All documents in the docket 182(b)(3) and 202(a)(6), respectively. In submitted Stage II vapor recovery rules are listed in the www.regulations.gov some areas, Stage II has been in place as a SIP revision to EPA to satisfy the index. Although listed in the index, for over 25 years, but was not widely requirement of section 182(b)(3) of the some information is not publicly implemented by the states until the CAA. The revision applied to the available, e.g., CBI or other information early to mid-1990s as a result of the Chicago NAA (Cook, DuPage, Kane, whose disclosure is restricted by statute. CAA requirements for moderate, Lake, McHenry, Will Counties and Aux Certain other material, such as serious, severe, and extreme ozone Sable and Goose Lake Townships in copyrighted material, will be publicly NAAs and for states in the Northeast Grundy County and Oswego Township available only in hard copy. Publicly Ozone Transport Region (OTR) under in Kendall County) and Metro-East St. available docket materials are available CAA section 184(b)(2). CAA section Louis NAA (Madison, Monroe, and St. either electronically in 202(a)(6) required EPA to promulgate Clair Counties). EPA fully approved www.regulations.gov or in hard copy at regulations for ORVR for light-duty Illinois’ Stage II program on January 12, the Environmental Protection Agency, vehicles (passenger cars). EPA adopted 1993 (58 FR 3841), including the Region 5, Air and Radiation Division, 77 these requirements in 1994, at which program’s legal authority and West Jackson Boulevard, Chicago, point moderate ozone NAAs were no administrative requirements found in Illinois 60604. This facility is open from longer subject to the section 182(b)(3) Sections 218.583, 219.583, 218.586, and 8:30 a.m. to 4:30 p.m., Monday through Stage II requirement. However, some 219.586 of the Illinois Administrative Friday, excluding Federal holidays. We moderate areas retained Stage II Code (Ill. Adm. Code). In 1994, Illinois recommend that you telephone requirements to provide a control repealed the Stage II requirements for Francisco J. Acevedo, Mobile Source method to comply with rate-of-progress the Metro-East NAA under Ill. Adm. Program Manager, at (312) 886–6061 emission reduction targets. ORVR Code 219.586 due to the promulgation before visiting the Region 5 office. equipment has been phased in for new by EPA of regulations for ORVR for FOR FURTHER INFORMATION CONTACT: passenger vehicles beginning with 1 In areas where certain types of vacuum-assist Francisco J. Acevedo, Mobile Source model year 1998, and starting in 2001 Stage II systems are used, the differences in Program Manager, Control Strategies for light-duty trucks and most heavy- operational design characteristics between ORVR Section, Air Programs Branch (AR–18J), duty gasoline-powered vehicles. ORVR and some configurations of these Stage II systems Environmental Protection Agency, equipment has been installed on nearly result in the reduction of overall control system efficiency compared to what could have been Region 5, 77 West Jackson Boulevard, all new gasoline-powered light-duty achieved relative to the individual control Chicago, Illinois 60604, (312) 886–6061, vehicles, light-duty trucks and heavy- efficiencies of either ORVR or Stage II emissions [email protected]. duty vehicles since 2006. from the vehicle fuel tank.

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light-duty vehicles, at which point, majority of the rule revisions prompted registered and licensed by the State. moderate ozone NAAs like the Metro- by the proposed phase-out of the Stage Subsection 218.586(i)(2)(B) also requires East, were no longer subject to the II program occur in this section. In the pressure decay test and tie-tank test section 182(b)(3) Stage II requirement. addition to the substantive revisions to to be performed and passed using EPA approved Illinois request to repeal the rules addressing the phase-out of the specified procedures. Illinois also the Stage II vapor recovery control Stage II program and the inclusion of requires in subsection 218.586(i)(2)(A) requirements for the Metro-East St. decommissioning procedures, certain that the owners or operators of GDFs Louis NAA on December 16, 1994 (59 provisions are either being deleted as no provide a notice of intent to FR 64853). longer necessary, revised for clarity, or decommission to IEPA at least 10 days prior to commencing decommissioning. II. What changes have been made to updated to replace outdated references. This notice would allow the state the Illinois’ gasoline vapor recovery The primary changes to section 218.586 ability to schedule an inspector to be requirements? to phase-out the Stage II program occur with revisions to subsection 218.586(d), present when the decommissioning On January 17, 2014, IEPA submitted now titled ‘‘Compliance’’, and with the takes place to the extent this is a SIP revision requesting the phase-out addition of subsection 218.586(i) necessary. Subsection 218.586(i)(2)(C) of Stage II requirements for the Chicago ‘‘Decommissioning.’’ Subsections requires owners or operators of the area. To support the removal of the 218.586(d)(1) through (5), which affected GDFs and contractors to Stage II requirements, the revision previously defined the time frame by complete and sign a Stage II included amended copies of 35 Ill. which GDFs of certain monthly gasoline decommissioning checklist and Adm. Code Parts 201, 218, and 219 throughput were required to comply certification, to be developed by IEPA, effective on December 23, 2013, with the vapor recovery and control documenting the decommissioning authorizing the phase-out of Stage II requirements, have been deleted. procedures performed. Within 30 days requirements in Illinois; modeling using Instead, Illinois is requiring in a new after completion of the EPA’s MOVES2010b model to subsection (d)(1) that existing affected decommissioning procedures, owners or determine emission impacts of GDFs continue operating such operators must provide the completed maintaining and removing the Stage II equipment until decommissioning is checklist and certification and the test program; and a demonstration under commenced. As provided by subsection results to IEPA. Subsection CAA section 110(l). The CAA 110(l) 218.586(d)(2), new GDFs will not be 218.586(g)(4) requires all demonstration included in the state’s subject to Stage II vapor recovery decommissioning records to be SIP revision specifically shows that requirements. maintained for five years after there are no emission reduction losses decommissioning and made available to Section 218.586(i) defines the resulting from the removal of Stage II IEPA upon request. program requirements in the Illinois decommissioning timeframes and The Stage I regulations in sections portion of the Chicago NAA. IEPA procedures. As discussed earlier, in 218.583 and 219.583 require controls for calculated that by 2014 there is a ‘‘cross- 2014, the vehicle refueling emission vapors displaced from storage tanks at over point’’ after which the reductions achieved by the widespread GDFs during the transfer of gasoline simultaneous use of ORVR and use of ORVR-equipped vehicles will from product delivery vessels. In incompatible Stage II systems would exceed reductions achieved by the sections 218.583(e) and 219.583(e) begin to result in an emissions continued operation of the Stage II which address storage tank filling disbenefit. Modeling demonstrates that program. Thus, the continued operation operations, Illinois repealed the beginning in 2014, ORVR alone would of the Stage II program will provide no registration program for GDFs subject to start to provide greater reductions in additional emission reduction benefit. the Stage I vapor recovery requirements refueling emissions than the As a result, under section in the Chicago and Metro-East NAAs, simultaneous use of ORVR and Stage II 218.586(i)(1)(A), Illinois allowed respectively, due to overlapping Federal in the Illinois portion of the Chicago existing affected GDFs to begin notification requirements at 40 CFR part ozone NAA. decommissioning their Stage II vapor 63, subpart CCCCCC. The Federal As discussed above, the amended recovery equipment as of January 1, National Emission Standards for rules submitted by Illinois as part of this 2014. As provided by section Hazardous Air Pollutants (NESHAP) SIP revision primarily serve to phase- 218.586(i)(1)(B), all Stage II equipment rules for GDFs at 40 CFR part 63, out the Stage II requirements at GDFs in must be decommissioned by December subpart CCCCCC include notification the Illinois portion of the Chicago NAA, 31, 2016. In order to minimize the time requirements for those that dispense implement decommissioning that incompatible Stage II systems are in 10,000 gallons of gasoline or more per procedures by which GDFs are to operation, all existing affected GDFs month. This would cover all GDFs, appropriately decommission their must complete the decommissioning including those subject to Stage I and II current vapor recovery equipment, and process within three years from January requirements. The Stage II registration establish timeframes for these actions to 1, 2014. Subsection 218.586(i)(2) requirements at section 218.586(h) take place. These amendments, as contains the decommissioning remain in effect until a GDF begins the described in detail below, affect 35 Ill. procedures and standards. decommissioning process. Adm. Code Part 218. In addition, IEPA Decommissioning must be performed in Previously, GDFs that registered has submitted clarifying and clean-up accordance with the Petroleum under the state’s Stage I and Stage II amendments in 35 Ill. Adm. Code Parts Equipment Institute’s ‘‘Recommended programs were exempted from the 201 and 219 that are further discussed Practices for Installation and Testing of requirements of having to obtain a below. Vapor-Recovery Systems at Vehicle- permit under the state’s minor source Subpart Y of 35 Ill. Adm. Code Part Fueling Sites,’’ PEI/RP300–09, which permitting program. By 218 contains the ‘‘Gasoline Illinois has incorporated by reference at decommissioning, GDFs would no Distribution’’ regulations for the 35 Ill. Adm. Code 218.112. Further, longer be required to be registered with Chicago NAA including the ‘‘Motor subsection 218.586(i)(2)(B) requires the State II program, resulting in the Vehicle Fueling Operations’’ contractors involved in the unintended consequence of requiring requirements in section 218.586. The decommissioning process to be permitting of such sources. Therefore,

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Illinois has clarified the rules so that CAA requirement. Illinois has evaluated 17, 2014. If we receive such comments, registration will no longer be required in the impacts of approving these we will withdraw this action before the order to obtain an exemption from revisions. The phase-out of the Stage II effective date by publishing a permitting and believes that one permit program in the Illinois portion of the subsequent document that will exemption, contained in one place in Chicago ozone NAA found in section withdraw the final action. All public the Illinois Administrative Code, is less 218.586 would result in no loss of comments received will then be confusing than dual permit exemptions. emissions reductions since IEPA has addressed in a subsequent final rule The changes continue the existing determined that beginning in 2014, based on the proposed action. EPA will exemptions under both programs. Stage II will no longer be necessary and not institute a second comment period. Section 201.146 provides exemptions its continued use would result in the Any parties interested in commenting from state permit requirements. Illinois release of more refueling emissions than on this action should do so at this time. has established a single Stage II permit with ORVR alone. This is primarily due Please note that if EPA receives adverse exemption in section 201.146(l) which to the incompatibility of the two comment on an amendment, paragraph, is combined with a permit exemption systems and the widespread use of or section of this rule and if that for Stage I. This Stage II permit ORVR in the Chicago NAA. provision may be severed from the exemption applies to fuel dispensing The removal of the State’s registration remainder of the rule, EPA may adopt equipment that is used for dispensing requirements for Stage I operations is as final those provisions of the rule that any fuel to mobile sources for use in not a relaxation, since the Federal are not the subject of an adverse such sources. Additionally, the NESHAP (40 CFR part 63, subpart comment. If we do not receive any amendments clarify sections 201.146(n) CCCCCC) includes a notification comments, this action will be effective and (nn), and repeal section 201.146(kk) provision at 40 CFR 63.11124 requesting December 16, 2014. which provided an exemption from similar information to what was permitting for sources that register with required in Illinois’ rules. The deletion V. Statutory and Executive Order IEPA since it is no longer necessary. of the State requirement basically Reviews Further, the amendments clarify the removes a duplicative regulation and Under the CAA, the Administrator is requirements for annual emission decreases the administrative burden on required to approve a SIP submission reports at Section 201.302. such sources while still providing all that complies with the provisions of the Illinois has also included other the necessary information to IEPA. All CAA and applicable Federal regulations. revisions to 35 Ill. Adm. Code Part 219 notifications under the NESHAP are 42 U.S.C. 7410(k); 40 CFR 52.02(a). that apply to the Metro-East NAA which submitted to IEPA because it has been Thus, in reviewing SIP submissions, includes Madison, Monroe, and St. Clair delegated authority to implement and EPA’s role is to approve state choices, counties. Section 219.105 sets forth test enforce the NESHAP. Finally, the provided that they meet the criteria of methods and procedures used in clarification to the state’s permitting the CAA. Accordingly, this action conjunction with this Part. Section exemption requirements indicating that merely approves state law as meeting 219.105(j) which includes the Stage II Stage I and Stage II registration is no Federal requirements and does not gasoline vapor recovery test methods is longer required to obtain an exemption impose additional requirements beyond no longer applicable due to the repeal from permitting, would result in no loss those imposed by state law. For that of the Metro-East NAA Stage II rule in of emissions reductions as the changes reason, this action: February 1994, therefore Illinois has to the requirements only continue the • Is not a ‘‘significant regulatory repealed these test methods. Illinois has existing exemptions for these sources. action’’ subject to review by the Office also removed the incorporation by of Management and Budget under reference of EPA’s Stage II vapor IV. What action is EPA taking? Executive Order 12866 (58 FR 51735, recovery technical guidance in section EPA is approving the revisions to the Illinois ozone SIP submitted on January October 4, 1993); 219.112(v) since this guidance is no • longer applicable due to the repeal of 17, 2014, concerning the State’s Stage II Does not impose an information the Metro-East NAA Stage II vapor recovery program standards in collection burden under the provisions requirements in 1994. Illinois. EPA is also approving of the Paperwork Reduction Act (44 amendments to 35 Ill. Adm. Code Parts U.S.C. 3501 et seq.); • III. What is EPA’s analysis of the State’s 201, 218, and 219 to make necessary Is certified as not having a submittal? updates and to be consistent with the significant economic impact on a Our primary consideration for repeal of the Stage II program standards. substantial number of small entities determining the approvability of the EPA finds that the revisions will not under the Regulatory Flexibility Act (5 Illinois revisions to remove Stage II interfere with any applicable U.S.C. 601 et seq.); requirements from the SIP is whether requirement concerning attainment, • Does not contain any unfunded these revisions comply with section reasonable further progress or any other mandate or significantly or uniquely 110(l) of the CAA. Section 110(l) of the applicable CAA requirement. affect small governments, as described CAA provides that EPA cannot approve We are publishing this action without in the Unfunded Mandates Reform Act a SIP revision if that revision interferes prior proposal because we view this as of 1995 (Pub. L. 104–4); with any applicable requirement a noncontroversial amendment and • Does not have Federalism regarding attainment and reasonable anticipate no adverse comments. implications as specified in Executive further progress or any other However, in the proposed rules section Order 13132 (64 FR 43255, August 10, requirement established in the CAA. of this Federal Register publication, we 1999); The EPA can, however, approve a SIP are publishing a separate document that • Is not an economically significant revision that removes or modifies will serve as the proposal to approve the regulatory action based on health or control measures in the SIP once the state plan if relevant adverse written safety risks subject to Executive Order State makes a ‘‘noninterference’’ comments are filed. This rule will be 13045 (62 FR 19885, April 23, 1997); demonstration that such removal or effective December 16, 2014 without • Is not a significant regulatory action modification will not interfere with further notice unless we receive relevant subject to Executive Order 13211 (66 FR attainment of the NAAQS, or any other adverse written comments by November 28355, May 22, 2001);

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• Is not subject to requirements of enforce its requirements. (See section Stationary Sources, Part 219: Organic Section 12(d) of the National 307(b)(2).) Material Emission Standards and Technology Transfer and Advancement Limitations for the Metro East Area, List of Subjects in 40 CFR Part 52 Act of 1995 (15 U.S.C. 272 note) because Subpart A: General Provisions, Sections application of those requirements would Environmental protection, Air 219.105 ‘‘Test Methods and Procedures’’ be inconsistent with the CAA; and pollution control, Incorporation by and 219.112 ‘‘Incorporations by • Does not provide EPA with the reference, Oxides of nitrogen, Ozone, Reference’’, and Subpart Y: Gasoline discretionary authority to address, as Volatile organic compounds. Distribution, Section 219.583 ‘‘Gasoline appropriate, disproportionate human Dated: September 24, 2014. Dispensing Operations—Storage Tank health or environmental effects, using Susan Hedman, Filling Operations’’, effective December practicable and legally permissible Regional Administrator, Region 5. 23, 2013. methods, under Executive Order 12898 40 CFR part 52 is amended as follows: [FR Doc. 2014–24462 Filed 10–16–14; 8:45 am] (59 FR 7629, February 16, 1994). BILLING CODE 6560–50–P This rule is not approved to apply on PART 52—APPROVAL AND any Indian reservation land or in any PROMULGATION OF other area where EPA or an Indian tribe IMPLEMENTATION PLANS DEPARTMENT OF HEALTH AND has demonstrated that a tribe has HUMAN SERVICES jurisdiction. In those areas of Indian ■ 1. The authority citation for part 52 country, the rule does not have tribal continues to read as follows: Centers for Medicare & Medicaid implications as specified by Executive Authority: 42 U.S.C. 7401 et seq. Services Order 13175, nor will it impose substantial direct costs on tribal ■ 2. Section 52.720 is amended by 42 CFR Chapter IV governments or preempt tribal law. adding paragraph (c)(202) to read as The Congressional Review Act, 5 follows: Office of Inspector General U.S.C. 801 et seq., as added by the Small § 52.720 Identification of plan. Business Regulatory Enforcement 42 CFR Chapter V * * * * * Fairness Act of 1996, generally provides (c) * * * [CMS–1439–RCN] that before a rule may take effect, the (202) On January 17, 2013, the Illinois RIN 0938–AR30 agency promulgating the rule must Environmental Protection Agency submit a rule report, which includes a submitted a request to phase out Stage Medicare Program; Final Waivers in copy of the rule, to each House of the II vapor recovery standards at 35 Ill. Congress and to the Comptroller General Connection With the Shared Savings Adm. Code 218.586 and to make other Program; Continuation of of the United States. EPA will submit a related revisions to 35 Ill. Adm. Code report containing this action and other Effectiveness and Extension of Parts 201, 218, and 219. Timeline for Publication of Final Rule required information to the U.S. Senate, (i) Incorporation by reference. the U.S. House of Representatives, and (A) Illinois Administrative Code, Title AGENCY: Centers for Medicare & the Comptroller General of the United 35: Environmental Protection, Subtitle Medicaid Services (CMS) and Office of States prior to publication of the rule in B: Air Pollution, Chapter I: Pollution Inspector General (OIG), HHS. the Federal Register. A major rule Control Board, Subchapter a: Permits ACTION: Interim final rule; continuation cannot take effect until 60 days after it and General Provisions, Part 201: of effectiveness and extension of is published in the Federal Register. Permits and General Provisions, Subpart timeline for publication of final rule. This action is not a ‘‘major rule’’ as C: Prohibitions, Section 201.146 defined by 5 U.S.C. 804(2). ‘‘Exemptions from State Permit SUMMARY: This document announces the Under section 307(b)(1) of the CAA, Requirements’’ and Subpart K: Records continuation of effectiveness of an petitions for judicial review of this and Reports, Section 201.302 ‘‘Reports’’, interim final rule and the extension of action must be filed in the United States effective December 23, 2013. the timeline for publication of the final Court of Appeals for the appropriate (B) Illinois Administrative Code, Title rule. This document is issued in circuit by December 16, 2014. Filing a 35: Environmental Protection, Subtitle accordance with section 1871(a)(3)(C) of petition for reconsideration by the B: Air Pollution, Chapter I: Pollution the Social Security Act (the Act), which Administrator of this final rule does not Control Board, Subchapter C: Emissions allows an interim final rule to remain in affect the finality of this action for the Standards And Limitations For effect after the expiration of the timeline purposes of judicial review nor does it Stationary Sources, Part 218: Organic specified in section 1871(a)(3)(B) of the extend the time within which a petition Material Emission Standards and Act if the Secretary publishes a notice for judicial review may be filed, and Limitations For the Chicago Area, of continuation prior to the expiration of shall not postpone the effectiveness of Subpart A: General Provisions, Section the timeline. such rule or action. Parties with 218.112 ‘‘Incorporations By Reference’’ DATES: This document is effective on objections to this direct final rule are and Subpart Y: Gasoline Distribution, October 17, 2014. encouraged to file a comment in Sections 218.583 ‘‘Gasoline Dispensing FOR FURTHER INFORMATION CONTACT: response to the parallel notice of Operations—Storage Tank Filling proposed rulemaking for this action Operations’’ and 218.586 ‘‘Gasoline Catherine Bernstein (410) 786–6887 or published in the proposed rules section Dispensing Operations—Motor Vehicle Lisa Ohrin (410) 786–8852, for general of this Federal Register, rather than file Fueling Operations’’, effective December issues and issues related to the an immediate petition for judicial 23, 2013. Physician Self-Referral Law. review of this direct final rule, so that (C) Illinois Administrative Code, Title Patrice Drew (202) 619–1368, for general EPA can withdraw this direct final rule 35: Environmental Protection, Subtitle issues and issues related to the and address the comment in the B: Air Pollution, Chapter I: Pollution Federal anti-kickback statute or civil proposed rulemaking. This action may Control Board, Subchapter c: Emission monetary penalties law. not be challenged later in proceedings to Standards and Limitations for SUPPLEMENTARY INFORMATION:

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I. Background Specifically, section 1899(f) of the Act the Shared Savings Program and new Section 1871(a)(3)(A) of the Social provides that ‘‘[t]he Secretary may approaches to the delivery of health care Security Act (the Act) sets forth certain waive such requirements of sections for beneficiaries (see 76 FR 68008). As procedures for promulgating regulations 1128A and 1128B and title XVIII of [the] noted previously, the Secretary has necessary to carry out the Act as may be necessary to carry out the determined that the waivers are administration of the insurance provisions of [section 1899 of the Act].’’ necessary to carry out the Shared programs under Title XVIII of the Act. The Secretary determined that certain Savings Program. Our decision to extend the Waiver Section 1871(a)(3)(A) of the Act requires waivers were ‘‘necessary,’’ consistent with this statutory standard, and, CMS IFC, rather than issue a final rule at this the Secretary, in consultation with the and OIG jointly published an interim time, should not be viewed as a Director of the Office of Management final rule with comment period diminution of the Department’s and Budget (OMB), to establish a regular (hereinafter referred as ‘‘Waiver IFC’’) commitment to establish waivers ‘‘to timeline for the publication of a final (76 FR 67992; November 2, 2011) in foster the success of the Shared Savings rule based on the previous publication conjunction with the issuance of the Program, the purposes of which are to of a proposed rule or an interim final Shared Savings Program final rule.1 The promote accountability for a Medicare rule. In accordance with section Waiver IFC established waivers of the patient population, manage and 1871(a)(3)(B) of the Act, such regular application of the Federal physician coordinate care for Medicare fee-for- timeline may vary among different final self-referral law (section 1877 of the service beneficiaries, and encourage rules, based on the complexity of the Act), the Federal anti-kickback statute redesigned care processes to improve rule, the number and scope of the (section 1128B(b) of the Act), and quality’’ (76 FR 68008). Our goal comments received, and other relevant certain civil monetary penalties (CMP) remains ‘‘to balance effectively the need factors. The timeline for publishing the law provisions (sections 1128A(a)(5), for ACO certainty, innovation, and final rule, however, cannot exceed 3 (b)(1), and (b)(2) of the Act) to specified flexibility in the Shared Savings years from the date of publication of the arrangements involving ACOs Program with protections for proposed or interim final rule, unless participating in the Shared Savings beneficiaries and the Medicare there are exceptional circumstances. Program. program’’ (76 FR 68008). At this time, After consultation with the Director of Because the Waiver IFC was issued we believe we can best achieve this OMB, the Department, through CMS, under the authority at section 1899(f) of balance by issuing this continuation published a notice in the December 30, the Act, it is considered a Medicare rule notice. 2004 Federal Register (69 FR 78442) subject to the conditions of section We also believe that we would benefit establishing a general 3-year timeline for 1871(a)(3)(C) of the Act. This document from additional input from stakeholders publishing Medicare final rules after the extends the timeline for publication of to inform our understanding of —(1) publication of a proposed or interim a final rule concerning Shared Savings how and to what extent ACOs are using final rule. Program waivers promulgated in the the waivers; (2) whether the existing Section 1871(a)(3)(C) of the Act states Waiver IFC. In the absence of this waivers serve the needs of ACOs and that a Medicare interim final rule shall continuation notice, the Waiver IFC the Medicare program; (3) whether the not continue in effect if the final rule is would expire, creating legal uncertainty waivers adequately protect the Medicare not published before the expiration of for ACOs participating in the Shared program and beneficiaries from the the regular timeline, unless the Savings Program and potentially types of harms associated with referral Secretary publishes at the end of the disrupting ongoing business plans or payments or payments to reduce or limit regular timeline a notice of continuation operations of some ACOs. services; and (4) whether there are new that includes an explanation of why the Our goal is to ensure that the or changed considerations that should regular timeline was not met. Upon regulations setting forth waivers of the inform the development of additional publication of such a notice, the fraud and abuse laws continue to be notice and comment rulemaking. timeline for publishing the final rule is closely aligned with the Shared Savings This document extends the timeline extended for 1 year. Program regulations. for publication of a final rule through Based on stakeholder feedback and November 2, 2015. In accordance with II. Notice of Continuation CMS’s experience operating the Shared section 1871(a)(3)(C) of the Act, the Section 1899 of the Act establishes Savings Program, CMS determined that Waiver IFC shall remain in effect the Shared Savings Program to certain modifications to the Shared through November 2, 2015, unless a encourage the development of Savings Program regulations were final waiver rule becomes effective on Accountable Care Organizations (ACOs) necessary. Therefore, CMS is currently an earlier date. in Medicare. The Shared Savings developing a proposed rule regarding This document was approved by the Program is one of the first initiatives the Shared Savings Program. In light of Administrator for the Centers for implemented under the Affordable Care the planned issuance of a proposed rule Medicare and Medicaid Services and Act aimed specifically at improving and the importance of final waiver the Inspector General for the value in the Medicare program—that is, regulations that align with the Shared Department of the Health and Human both higher quality and lower total Savings Program, we believe the Services as it relates to the authorities expenditures for individual Medicare prudent course of action at this time is that fall within the respective purviews beneficiaries and the Medicare program. to extend the effectiveness of the Waiver of their offices. This includes, without The Shared Savings Program final rule IFC. In addition, we believe that an limitation, section 1877(a) of the Act for appeared in the November 2, 2011 extension of the Waiver IFC will avoid the Administrator and sections Federal Register (76 FR 67801), and the impediments to the development of 1128A(a)(5), (b)(1), and (b)(2) and first performance year concluded on innovative care models envisioned by 1128B(b)(1) and (b)(2) of the Act for the December 31, 2013. Inspector General. 1 The Waiver IFC was issued as part of a cross- In connection with the Shared Authority: Section 1871 of the Social Savings Program, section 1899(f) of the agency, coordinated effort by several Federal agencies to issue documents addressing legal issues Security Act (42 U.S.C. 1395hh). Act authorizes the Secretary to waive regarding ACOs participating in the Shared Savings (Catalog of Federal Domestic Assistance certain specified fraud and abuse laws. Program. Program No. 93.773 Medicare—Hospital

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Insurance Program; and No. 93.774, inadvertently duplicated two DEPARTMENT OF COMMERCE Medicare—Supplementary Medical paragraphs listing standards published Insurance Program) by the National Fire Protection National Oceanic and Atmospheric Dated: October 10, 2014. Association (NFPA). In addition, the Administration C’Reda Weeden, standards had originally appeared in Executive Secretary to the Department, order of the year those particular 50 CFR Part 622 Department of Health and Human Services. editions of the standards were [Docket No. 101206604–1758–02] [FR Doc. 2014–24663 Filed 10–16–14; 8:45 am] published. We intended to reorganize RIN 0648–XD559 BILLING CODE 4120–01–P them by identification number instead, but left some of them out of order. This Coastal Migratory Pelagic Resources correction deletes the redundant of the Gulf of Mexico and South DEPARTMENT OF HOMELAND paragraphs and correctly orders the Atlantic; 2014–2015 Accountability SECURITY remaining ones. Measure and Closure for Gulf King Mackerel in Western Zone Coast Guard List of Subjects in 46 CFR Part 125 Administrative practice and AGENCY: National Marine Fisheries 46 CFR Part 125 procedure, Cargo vessels, Hazardous Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), [Docket No. USCG–2012–0208] materials transportation, Incorporation by reference, Marine safety, Seamen. Commerce. RIN 1625–AB62 ACTION: Temporary rule; closure. For the reasons described in the Offshore Supply Vessels of at Least preamble, 46 CFR part 125 is amended SUMMARY: NMFS implements an 6,000 GT ITC by making the following correcting accountability measure (AM) for amendment: commercial king mackerel in the AGENCY: Coast Guard, DHS. western zone of the Gulf of Mexico ACTION: Interim rule; correction. PART 125—GENERAL (Gulf) exclusive economic zone (EEZ) through this temporary final rule. NMFS SUMMARY: The Coast Guard published an ■ 1. The authority citation for part 125 has determined that the commercial interim rule in the Federal Register on continues to read as follows: quota for king mackerel in the western August 18, 2014, to ensure the safe zone of the Gulf EEZ will have been carriage of oil, hazardous substances, Authority: 46 U.S.C. 2103, 3306, 3307; 49 reached by October 17, 2014. Therefore, and individuals in addition to the crew U.S.C. App. 1804; sec. 617, Pub. L. 111–281, NMFS closes the western zone of the on U.S.-flagged OSVs of at least 6,000 124 Stat. 2905; Department of Homeland Gulf to commercial king mackerel Security Delegation No. 0170.1. gross tonnage as measured under the fishing in the EEZ. This closure is Convention Measurement System. In ■ 2. In § 125.180, revise paragraph (i) to necessary to protect the Gulf king that interim rule, we revised a read as follows: mackerel resource. paragraph listing consensus standards DATES: The closure is effective noon, incorporated by reference. In doing so, § 125.180 Incorporation by reference. local time, October 17, 2014, until 12:01 we inadvertently duplicated two * * * * * a.m., local time, on July 1, 2015. paragraphs and presented others out of FOR FURTHER INFORMATION CONTACT: order. This correction resolves that error (i) National Fire Protection by removing the doubled paragraphs Association (NFPA), 1 Batterymarch Susan Gerhart, 727–824–5305, email: and reordering the others. Park, Quincy, MA 02269–9101, 617– [email protected]. 770–3000, http://www.nfpa.org: SUPPLEMENTARY INFORMATION: The DATES: This correction is effective on fishery for coastal migratory pelagic fish October 17, 2014. (1) NFPA 10—Standard for Portable Fire Extinguishers, 1994 Edition, IBR (king mackerel, Spanish mackerel, and FOR FURTHER INFORMATION CONTACT: If approved for § 132.350. cobia) is managed under the Fishery you have questions on this final rule, Management Plan for the Coastal call or email Justin Staples, Office of (2) NFPA 70—National Electrical Migratory Pelagic Resources of the Gulf Standards Evaluation and Development, Code, 1993 Edition, IBR approved for of Mexico and South Atlantic (FMP). Coast Guard; telephone 202–372–1483, §§ 129.320, 129.340, and 129.370. The FMP was prepared by the Gulf of email [email protected]. If you (3) NFPA 302—Fire Protection Mexico and South Atlantic Fishery have questions on viewing material on Standard for Pleasure and Commercial Management Councils (Councils) and is the docket, call Cheryl Collins, Program Motor Craft, 1994 Edition, IBR approved implemented under the authority of the Manager, Docket Operations, telephone for § 129.550. Magnuson-Stevens Fishery 202–366–9826. (4) NFPA 306—Control of Gas Conservation and Management Act SUPPLEMENTARY INFORMATION: On August Hazards on Vessels, 1993 Edition, IBR (Magnuson-Stevens Act) by regulations 18, 2014, the Coast Guard published an approved for § 126.160. at 50 CFR part 622. interim rule to ensure the safe carriage The commercial quota for the Gulf of oil, hazardous substances, and (5) NFPA 1963—Fire Hose migratory group king mackerel in the individuals in addition to the crew on Connections, 1993 Edition, IBR western zone is 1,071,360 lb (485,961 U.S.-flagged OSVs of at least 6,000 gross approved for § 132.130. kg) (76 FR 82058, December 29, 2011), tonnage as measured under the * * * * * for the current fishing year, July 1, 2014, Convention Measurement System. 79 FR through June 30, 2015. 48894. K. Cervoni, Regulations at 50 CFR 622.388(a)(1) In that rule, the Coast Guard revised Chief, Office of Regulations and require NMFS to close the commercial 46 CFR 125.180 to include a number of Administrative Law, U.S. Coast Guard. sector for Gulf migratory group king new standards to be incorporated by [FR Doc. 2014–24716 Filed 10–16–14; 8:45 am] mackerel in the western zone when the reference. In the process, we BILLING CODE 9110–04–P quota is reached, or is projected to be

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reached, by filing a notification to that king mackerel permit is considered to be the requirements to provide prior notice effect with the Office of the Federal operating as a charter vessel or headboat and opportunity for public comment Register. Based on the best scientific when it carries a passenger who pays a pursuant to the authority set forth at information available, NMFS has fee or when there are more than three 5 U.S.C. 553(b)(B) as such prior notice determined the commercial quota of persons aboard, including operator and and opportunity for public comment is 1,071,360 lb (485,961 kg) for Gulf crew. unnecessary and contrary to the public migratory group king mackerel in the During the closure, king mackerel interest. Such procedures would be western zone will be reached by October from the closed zone, including those unnecessary because the rule 17, 2014. Accordingly, the western zone harvested under the bag and possession implementing the commercial quota and is closed to commercial fishing for Gulf limits, may not be purchased or sold. the associated requirement for closure of migratory group king mackerel effective This prohibition does not apply to trade the commercial harvest when the quota noon, local time, October 17, 2014, in king mackerel from the closed zone is reached or projected to be reached has through June 30, 2015, the end of the that were harvested, landed ashore, and already been subject to notice and fishing year. The Gulf migratory group sold prior to the closure and were held comment, and all that remains is to king mackerel western zone is that part in cold storage by a dealer or processor notify the public of the closure. of the EEZ between a line extending east (50 CFR 622.384(e)(3)). Additionally, allowing prior notice and from the border of the United States and Classification opportunity for public comment is Mexico and 87°31.1′ W. longitude, contrary to the public interest because which is a line directly south from the The Regional Administrator, of the need to immediately implement state boundary of Alabama and Florida. Southeast Region, NMFS, has this action to protect the king mackerel determined this temporary rule is Except for a person aboard a charter stock because the capacity of the fishing necessary for the conservation and fleet allows for rapid harvest of the vessel or headboat, during the closure, management of Gulf migratory group quota. Prior notice and opportunity for no person aboard a vessel for which a king mackerel and is consistent with the public comment would require time and commercial permit for king mackerel Magnuson-Stevens Act and other would potentially result in a harvest has been issued may fish for or retain applicable laws. well in excess of the established quota. Gulf migratory group king mackerel in This action is taken under 50 CFR the EEZ in the closed zone (50 CFR 622.388(a)(1) and 622.384(e), and is For the aforementioned reasons, the 622.384(e)(1)). A person aboard a vessel exempt from review under Executive AA also finds good cause to waive the that has a valid charter vessel/headboat Order 12866. 30-day delay in the effectiveness of this permit for coastal migratory pelagic fish These measures are exempt from the action under 5 U.S.C. 553(d)(3). may continue to retain king mackerel in procedures of the Regulatory Flexibility Authority: 16 U.S.C. 1801 et seq. or from the closed zones or subzones Act because the temporary rule is issued under the bag and possession limits set without opportunity for prior notice and Dated: October 14, 2014. forth in 50 CFR 622.382(a)(1)(ii) and comment. Alan D. Risenhoover, (a)(2), provided the vessel is operating This action responds to the best Director, Office of Sustainable Fisheries, as a charter vessel or headboat (50 CER scientific information available. The National Marine Fisheries Service. 622.384(e)(2)). A charter vessel or Assistant Administrator for Fisheries, [FR Doc. 2014–24709 Filed 10–14–14; 4:15 pm] headboat that also has a commercial NOAA (AA), finds good cause to waive BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 79, No. 201

Friday, October 17, 2014

This section of the FEDERAL REGISTER email: [email protected]. For ADAMS accession number for each contains notices to the public of the proposed technical questions, contact the document referenced (if it is available in issuance of rules and regulations. The individual listed in the FOR FURTHER ADAMS) is provided the first time that purpose of these notices is to give interested INFORMATION CONTACT section of this it is mentioned in the SUPPLEMENTARY persons an opportunity to participate in the document. INFORMATION section. SHINE’s rule making prior to the adoption of the final • Email comments to: rules. construction permit application, [email protected]. If you submitted May 31, 2014, is publicly do not receive an automatic email reply available in ADAMS, Accession No. NUCLEAR REGULATORY confirming receipt, then contact us at ML13172A324. • COMMISSION 301–415–1677. NRC’s PDR: You may examine and • Fax comments to: Secretary, U.S. purchase copies of public documents at 10 CFR Part 50 Nuclear Regulatory Commission at 301– the NRC’s PDR, Room O1–F21, One 415–1101. White Flint North, 11555 Rockville [NRC–2013–0053] • Mail comments to: Secretary, U.S. Pike, Rockville, Maryland 20852. Nuclear Regulatory Commission, RIN 3150–AJ18 B. Submitting Comments Washington, DC 20555–0001, ATTN: Definition of a Utilization Facility Rulemakings and Adjudications staff. Please include Docket ID NRC–2013– • Hand deliver comments to: 11555 0053 in the subject line of your AGENCY: Nuclear Regulatory Rockville Pike, Rockville, Maryland comment submission, in order to ensure Commission. 20852, between 7:30 a.m. and 4:15 p.m. that the NRC is able to make your ACTION: Proposed rule. (Eastern Time) Federal workdays; comment submission available to the telephone: 301–415–1677. public in this docket. SUMMARY: The U.S. Nuclear Regulatory For additional direction on obtaining The NRC cautions you not to include Commission (NRC) is amending its information and submitting comments, identifying or contact information in regulations to add SHINE Medical see ‘‘Obtaining Information and comment submissions that you do not Technologies, Inc.’s (SHINE) proposed Submitting Comments’’ in the want to be publicly disclosed in your accelerator-driven subcritical operating SUPPLEMENTARY INFORMATION section of comment submission. The NRC will assemblies to the NRC’s definition of a this document. post all comment submissions at ‘‘utilization facility.’’ In 2013, SHINE FOR FURTHER INFORMATION CONTACT: http://www.regulations.gov as well as submitted a two-part construction Steven Lynch, Office of Nuclear Reactor enter the comment submissions into permit application for a medical Regulation; telephone: 301–415–1524, ADAMS, and the NRC does not radioisotope production facility that email: [email protected]; U.S. routinely edit comment submissions to SHINE proposes to build in Janesville, Nuclear Regulatory Commission, remove identifying or contact Wisconsin. The proposed accelerator- Washington, DC 20555–0001. information. driven subcritical operating assemblies, If you are requesting or aggregating SUPPLEMENTARY INFORMATION: to be housed in SHINE’s irradiation comments from other persons for facility, would be used to produce I. Obtaining Information and submission to the NRC, then you should molybdenum-99, a radioisotope used in Submitting Comments inform those persons not to include identifying or contact information that medical imaging and other A. Obtaining Information radioisotopes used for medical they do not want to be publicly purposes. This rule allows NRC staff to Please refer to Docket ID NRC–2013– disclosed in their comment submission. conduct an efficient and effective 0053 when contacting the NRC about Your request should state that the NRC licensing review of the SHINE the availability of information for this does not routinely edit comment construction permit application and any action. You may obtain publicly- submissions to remove such information subsequent operating license available information related to this before making the comment application. action by any of the following methods: submissions available to the public or • Federal Rulemaking Web site: Go to entering the comment submissions into DATES: Submit comments by November http://www.regulations.gov and search ADAMS. 17, 2014. Comments received after this for Docket ID NRC–2013–0053. date will be considered if it is practical • NRC’s Agencywide Documents II. Procedural Background to do so, but the NRC staff is able to Access and Management System Because the NRC considers this action ensure consideration only for comments (ADAMS): You may obtain publicly- to be non-controversial, the NRC is received on or before this date. available documents online in the publishing this proposed rule ADDRESSES: You may submit comments ADAMS Public Documents collection at concurrently as a direct final rule in the by any of the following methods (unless http://www.nrc.gov/reading-rm/ Rules and Regulations section of this this document describes a different adams.html. To begin the search, select issue of the Federal Register. The direct method for submitting comments on a ‘‘ADAMS Public Documents’’ and then final rule will become effective on specific subject): select ‘‘Begin Web-based ADAMS December 31, 2014. However, if the • Federal Rulemaking Web site: Go to Search.’’ For problems with ADAMS, NRC receives a significant adverse http://www.regulations.gov and search please contact the NRC’s Public comment on this proposed rule by for Docket ID NRC–2013–0053. Address Document Room (PDR) reference staff at November 17, 2014, then the NRC will questions about NRC dockets to Carol 1–800–397–4209, at 301–415–4737, or publish a document that withdraws the Gallagher; telephone: 301–287–3422; by email to [email protected]. The direct final rule. If the direct final rule

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is withdrawn, the NRC will address the Medical isotopes, Molybdenum-99, Dated at Rockville, Maryland, this 9th day comments received in response to these Nuclear materials, Nuclear power plants of October, 2014. proposed revisions in a subsequent final and reactors, Radiation protection, For the Nuclear Regulatory Commission, rule. Absent significant modifications to Reactor siting criteria, Reporting and Annette L. Vietti-Cook, the proposed revisions requiring recordkeeping requirements, Utilization Secretary of the Commission. republication, the NRC will not initiate facility. [FR Doc. 2014–24733 Filed 10–16–14; 8:45 am] a second comment period on this action For the reasons set out in this BILLING CODE 7590–01–P in the event the direct final rule is preamble and the preamble to the withdrawn. companion direct final rule being A significant adverse comment is a published concurrently with this FEDERAL ELECTION COMMISSION comment where the commenter proposed rule and under the authority explains why the rule would be of the Atomic Energy Act of 1954, as 11 CFR Part 110 inappropriate, including challenges to amended; the Energy Reorganization [NOTICE 2014–12] the rule’s underlying premise or Act of 1974, as amended; and 5 U.S.C. approach, or would be ineffective or 552 and 553, the NRC is proposing to Aggregate Biennial Contribution Limits unacceptable without a change. A adopt the following amendment to 10 comment is significant and adverse if it CFR part 50. AGENCY: Federal Election Commission. meets the following criteria: ACTION: Advance notice of proposed (1) The comment opposes the rule and PART 50—DOMESTIC LICENSING OF rulemaking. provides a reason sufficient to require a PRODUCTION AND UTILIZATION substantive response in a notice-and- FACILITIES SUMMARY: In addition to publishing in comment process. For example, the today’s Federal Register an Interim following comments require a ■ 1. The authority citation for part 50 is Final Rule to remove the aggregate substantive response: revised to read as follows: contribution limits from the (a) The comment causes the NRC staff Authority: Atomic Energy Act secs. 11, Commission’s regulations, the to reevaluate (or reconsider) its position 102, 103, 104, 105, 147, 149, 161, 181, 182, Commission requests comments on or conduct additional analysis; 183, 186, 189, 223, 234 (42 U.S.C. 2014, 2132, whether to begin a rulemaking to revise (b) The comment raises an issue 2133, 2134, 2135, 2167, 2169, 2201, 2231, other regulations in light of certain serious enough to warrant a substantive 2232, 2233, 2236, 2239, 2273, 2282); Energy language from the Supreme Court’s response to clarify or complete the Reorganization Act secs. 201, 202, 206 (42 recent decision in McCutcheon v. FEC. record; or U.S.C. 5841, 5842, 5846); Nuclear Waste The Commission intends to review the (c) The comment raises a relevant Policy Act sec. 306 (42 U.S.C. 10226); comments it receives as it decides what Government Paperwork Elimination Act sec. issue that was not previously addressed 1704 (44 U.S.C. 3504 note); Energy Policy Act revisions, if any, it will propose making or considered by the NRC staff. of 2005, Pub. L. 109–58, 119 Stat. 194 (2005). to its rules. (2) The comment proposes a change Section 50.7 also issued under Pub. L. 95– DATES: Comments must be received on or an addition to the rule, and it is 601, sec. 10, as amended by Pub. L. 102–486, or before January 15, 2015. The apparent that the rule would be sec. 2902 (42 U.S.C. 5851). Section 50.10 also Commission will hold a hearing on ineffective or unacceptable without issued under Atomic Energy Act secs. 101, these issues on February 11, 2015. incorporation of the change or addition. 185 (42 U.S.C. 2131, 2235); National Anyone wishing to testify at the hearing Environmental Policy Act sec. 102 (42 U.S.C. (3) The comment causes the NRC staff must file written comments by the due to make a change (other than editorial) 4332). Sections 50.13, 50.54(d), and 50.103 also issued under Atomic Energy Act sec. 108 date and must include a request to to the rule. testify in the written comments. For procedural information and the (42 U.S.C. 2138). ADDRESSES: All comments must be in regulatory analysis, see the direct final Sections 50.23, 50.35, 50.55, and 50.56 also writing. Comments may be submitted rule published in the Rules and issued under Atomic Energy Act sec. 185 (42 U.S.C. 2235). Appendix Q also issued under electronically via the Commission’s Regulations section of this issue of the National Environmental Policy Act sec. 102 Web site at sers.fec.gov, reference REG Federal Register. (42 U.S.C. 4332). Sections 50.34 and 50.54 2014–01. Commenters are encouraged to III. Plain Writing also issued under sec. 204 (42 U.S.C. 5844). submit comments electronically to Sections 50.58, 50.91, and 50.92 also issued ensure timely receipt and consideration. The Plain Writing Act of 2010 (Pub. under Pub. L. 97–415 (42 U.S.C. 2239). L. 111–274) requires Federal agencies to Section 50.78 also issued under Atomic Alternatively, comments may be write documents in a clear, concise, Energy Act sec. 122 (42 U.S.C. 2152). submitted in paper form. Paper well-organized manner that also follows Sections 50.80—50.81 also issued under comments must be sent to the Federal other best practices appropriate to the Atomic Energy Act sec. 184 (42 U.S.C. 2234). Election Commission, Attn.: Amy L. subject or field and the intended ■ 2. In § 50.2, revise the definition of Rothstein, Assistant General Counsel, audience. The NRC has written this ‘‘utilization facility’’ to read as follows: 999 E Street NW., Washington, DC document to be consistent with the 20463. All comments must include the Plain Writing Act as well as the § 50.2 Definitions. full name and postal service address of Presidential Memorandum, ‘‘Plain * * * * * a commenter, and of each commenter if Language in Government Writing,’’ Utilization facility means: filed jointly, or they will not be published June 10, 1998 (63 FR 31883). (1) Any nuclear reactor other than one considered. The Commission will post The NRC requests comment on the designed or used primarily for the comments on its Web site at the proposed rule with respect to clarity formation of plutonium or U–233; or conclusion of the comment period. and effectiveness of the language used. (2) An accelerator-driven subcritical FOR FURTHER INFORMATION CONTACT: Ms. operating assembly used for the Amy L. Rothstein, Assistant General List of Subjects in 10 CFR Part 50 irradiation of materials containing Counsel, or Mr. Theodore M. Lutz, Antitrust, Classified information, special nuclear material and described Attorney, 999 E Street NW., Criminal penalties, Fire protection, in the application assigned docket Washington, DC 20463, (202) 694–1650 Intergovernmental relations, Isotopes, number 50–608. or (800) 424–9530.

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SUPPLEMENTARY INFORMATION: avoiding ‘unnecessary abridgment’ of Commission revisit the manner in First Amendment rights.’’ McCutcheon, which it enforces its earmarking Background 134 S. Ct. at 1458 (quoting Buckley v. regulations to encompass the ‘‘implicit The Federal Election Campaign Act, Valeo, 424 U.S. 1, 25 (1976)). The Court agreements’’ addressed by the Court? 52 U.S.C. 30101–46 (formerly 2 U.S.C. identified mechanisms that could be In its discussion of the Commission’s 431–57) (‘‘FECA’’), imposes two types of implemented or amended to prevent earmarking regulations, the Court also limits on the amount that individuals circumvention of the base limits, considered 11 CFR 110.1(h). may contribute in connection with including: Earmarking regulations, 11 McCutcheon, 134 S. Ct. at 1453–56. That federal elections. The ‘‘base limits’’ CFR part 110; affiliation factors, 11 CFR rule ‘‘governs the circumstances under restrict how much an individual may 100.5; joint fundraising committee which contributions to a candidate . . . contribute to a particular candidate or regulations, 11 CFR 102.17; and must be aggregated with contributions political committee per election or disclosure regulations, 11 CFR part 104. to other political committees for calendar year. See 52 U.S.C. 30116(a)(1) The Commission seeks comment on purposes of the [Act’s] contribution (formerly 2 U.S.C. 441a(a)(1)). The whether it should modify its regulations limits.’’ Contribution and Expenditure ‘‘aggregate limits’’ restrict how much an or practices in these areas, as discussed Limitations and Prohibitions; individual may contribute to all below. The Commission also seeks Contributions by Persons and candidate committees, political party comment on whether it should make Multicandidate Political Committees, 52 committees, and other political any other regulatory changes in light of FR 760, 765 (Jan. 9, 1987). Section committees in each two-year election the decision. 110.1(h) provides that a person may cycle.1 See 52 U.S.C. 30116(a)(3) contribute both to a candidate for a (formerly 2 U.S.C. 441a(a)(3)). The Earmarking given election and to a political Commission has implemented the The Act provides that ‘‘all committee that supports the same aggregate limits in its regulations at 11 contributions made by a person, either candidate for the same election so long CFR 110.5. directly or indirectly, on behalf of a as: (1) The political committee is not an On April 2, 2014, the United States particular candidate, including authorized committee or a single- Supreme Court held that the aggregate contributions which are in any way candidate committee; (2) the contributor contribution limits at 52 U.S.C. earmarked or otherwise directed does not give with the knowledge that 30116(a)(3) (formerly 2 U.S.C. through an intermediary or conduit to a substantial portion of the contribution 441a(a)(3)) are unconstitutional. such candidate,’’ are contributions from will be contributed to, or expended on McCutcheon v. FEC, 572 U.S. l, 134 S. that person to the candidate. 52 U.S.C. behalf of, that candidate for the same Ct. 1434, 1442, 1450–59 (2014) 30116(a)(8) (formerly 2 U.S.C. election; and (3) the contributor does (plurality op.). The Court’s decision did 441a(a)(8)). The Commission’s not retain control over the funds. 11 not affect the base limits. See id. at regulations define the term ‘‘earmarked’’ CFR 110.1(h).4 These criteria help to 1442. Accordingly, in an Interim Final to mean ‘‘a designation, instruction, or ‘‘disarm’’ the risk of circumvention, Rule published today in the Federal encumbrance, whether direct or McCutcheon, 134 S. Ct. at 1453, and the Register, the Commission deleted 11 indirect, express or implied, oral or Court accordingly suggested that the CFR 110.5 and made technical and written, which results in all or any part Commission ‘‘might strengthen’’ 11 CFR conforming changes to 11 CFR 110.1(c), of a contribution or expenditure being 110.1(h)(2) by ‘‘defining how many 110.14(d) and (g), 110.17(b), and 110.19 made to, or expended on behalf of, a candidates a PAC must support in order to conform its regulations to the clearly identified candidate or a to ensure that ‘a substantial portion’ of McCutcheon decision. candidate’s authorized committee.’’ 11 a donor’s contribution is not rerouted to The Commission also seeks comment CFR 110.6(b)(1). a certain candidate.’’ Id. at 1459. Should on whether it should further modify its In analyzing whether the aggregate the Commission make such a change to regulations or practices in response to contribution limits served to prevent 11 CFR 110.1(h), for example, by certain language from the McCutcheon circumvention of the base limits, the establishing a minimum number of decision.2 The Commission Court relied on this ‘‘broad[ ]’’ candidates a PAC must support or by acknowledges that these issues are not definition of ‘‘earmarked’’ at 11 CFR establishing a maximum percentage of a presented in this Advance Notice of 110.6(b)(1) to conclude that Commission PAC’s funds that can go to a single Proposed Rulemaking in a way to fully rules already cover ‘‘implicit agreements candidate? 5 Would such a change apprise interested parties with sufficient to circumvent the base limits.’’ clarity and specificity for the McCutcheon, 134 S. Ct. at 1447, 1452– Davis for Congress) (Feb. 2, 2005); First General Counsel’s Report at 9, MUR 5125 (Paul Perry for Commission to enact a final rule. 56, 1459; see also id. at 1453 (‘‘[A Although it held the aggregate limits Congress) (Dec. 20, 2002) (finding no reason to donor] cannot . . . even imply that he believe where there was no ‘‘designation, to be unconstitutional, the Supreme would like his money recontributed to instruction, or encumbrance on the contribution’’). Court indicated that there are ‘‘multiple [a candidate].’’). In enforcement actions, 4 In Advisory Opinion 2010–09 (Club for Growth) alternatives available to Congress that however, the Commission has at 5, the Commission concluded that ‘‘11 CFR would serve the Government’s interest 110.1(h) and its rationale do not apply to [an determined that funds are considered to independent-expenditure-only political in preventing circumvention while be ‘‘earmarked’’ only when there is committee’s] solicitations or any contributions it ‘‘clear documented evidence of acts by receives that are earmarked for specific 1 Under the aggregate limits, as indexed for donors that resulted in their funds being independent expenditures.’’ inflation in the 2013–14 election cycle, an 5 3 In 1985, the Commission proposed revising 11 individual could contribute up to $48,600 to used’’ as contributions. Should the CFR 110.1(h) to clarify its interpretation of the candidates and their authorized committees, and up regulation and included a proposal to articulate to $74,600 to other political committees, of which 3 Factual & Legal Analysis at 6–7, MUR 5732 ‘‘indicia of a contributor’s ‘knowledge.’ ’’ See no more than $48,600 could be contributed to (Matt Brown for U.S. Senate) (Apr. 4, 2007) Contribution and Expenditure Limitations and political committees other than national party (concluding that there was no reason to believe Prohibitions: Contributions by Persons and committees. See Price Index Adjustments for earmarking had occurred where ‘‘there were no Multicandidate Political Committees, 50 FR 15169, Contribution and Expenditure Limitations and cover letters or other instructions accompanying the 15172–75 (Apr. 17, 1985). Ultimately, the Lobbyist Bundling Disclosure Threshold, 78 FR checks’’ or ‘‘on the checks themselves’’) (citing Commission decided not to revise that section. 8530, 8532 (Feb. 6, 2013). MURs 4831/5274 (Nixon)); see also First General Contribution and Expenditure Limitations and 2 McCutcheon, 134 S. Ct. at 1453–54, 1458–60. Counsel’s Report at 14–16, MUR 5445 (Geoffrey Prohibitions; Contributions by Persons and

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unnecessarily limit the ability of PACs 439a(a)(4)). The limits on contributions DEPARTMENT OF TRANSPORTATION to associate with candidates? In light of found at 52 U.S.C. 30116(a)(1) and (2) the McCutcheon decision and (formerly 2 U.S.C. 441a(a)(1) and (2)) do Federal Aviation Administration discussion above, should the not apply to transfers ‘‘between and Commission revise any of its other among political committees which are 14 CFR Part 39 earmarking rules? If so, how? national, State, district or local [Docket No. FAA–2014–0752; Directorate Affiliation committees (including any subordinate Identifier 2014–NM–079–AD] committee thereof) of the same political In addition to the earmarking RIN 2120–AA64 provisions discussed above, the Court party.’’ 52 U.S.C. 30116(a)(4) (formerly 2 cited the anti-proliferation provisions of U.S.C. 441a(a)(4)). The Act provides that Airworthiness Directives; Bombardier, the Act and Commission regulations as contributions made by political Inc. Airplanes committees that are ‘‘established or mechanisms that limit circumvention of AGENCY: financed or maintained or controlled’’ Federal Aviation the base limits. McCutcheon, 134 S. Ct. Administration (FAA), DOT. at 1453–54 (citing former 2 U.S.C. by the same entity shall be considered ACTION: Notice of proposed rulemaking 441a(a)(5); 11 CFR 100.5(g)). to have been made by a single (NPRM). Commission regulations provide that committee, except that this provision ‘‘[a]ll committees . . . established, does not ‘‘limit transfers between SUMMARY: We propose to supersede financed, maintained, or controlled, by political committees of funds raised Airworthiness Directive (AD) 2014–06– the same . . . person, or group of through joint fundraising efforts.’’ 52 08, for certain Bombardier, Inc. Model persons . . . are affiliated,’’ and thus are U.S.C. 30116(a)(5)(A) (formerly 2 U.S.C. DHC–8–100, –200, and –300 series subject to a single contribution limit. 11 441a(a)(5)(A)). airplanes. AD 2014–06–08 currently CFR 100.5(g)(2), 110.3(a)(1)(ii). These In light of the McCutcheon decision requires repetitive functional checks of regulations include a number of and the statutory provisions described the nose and main landing gear, and affiliation factors, see 11 CFR above, can or should the Commission corrective actions if necessary; and also 100.5(g)(4), 110.3(a)(3), which the Court revise its joint fundraising rules? If so, provides optional terminating action indicated the Commission could use— how? modification for the repetitive when presented with ‘‘suspicious functional checks. Since we issued AD patterns of PAC donations’’—to Disclosure 2014–06–08, we have determined that determine whether political committees the optional terminating action are affiliated. See McCutcheon, 134 S. The Supreme Court observed that modification is necessary to address the Ct. at 1454. Are the current affiliation disclosure requirements ‘‘may . . . identified unsafe condition. This factors at 11 CFR 100.5(g)(4) and ‘deter actual corruption and avoid the proposed AD would also require the 110.3(a)(3) adequate to prevent appearance of corruption by exposing terminating action modification. We are circumvention of the base contribution large contributions and expenditures to proposing this AD to detect and correct limits? Should the Commission revisit the light of publicity.’ ’’ McCutcheon, a false down-and-locked landing gear its affiliation factors? If so, how? 134 S. Ct. at 1459–60 (quoting Buckley indication, which, on landing, could Joint Fundraising Committees v. Valeo, 424 U.S. 1, 67 (1976)). result in possible collapse of the landing Particularly due to developments in gear. The Act and Commission regulations technology—primarily the internet—the authorize the creation of joint DATES: We must receive comments on Court observed that ‘‘disclosure offers fundraising committees, see 52 U.S.C. this proposed AD by December 1, 2014. much more robust protections against 30102(e)(3)(A)(ii) (formerly 2 U.S.C. ADDRESSES: You may send comments by corruption’’ because ‘‘[r]eports and 432(e)(3)(A)(ii)); 11 CFR 102.17, as well any of the following methods: • as the transfer of funds between and databases are available on the FEC’s Federal eRulemaking Portal: Go to among participating committees. See 11 Web site almost immediately after they http://www.regulations.gov. Follow the CFR 102.6(a)(1)(iii), 110.3(c)(2). The are filed.’’ Id. at 1460. instructions for submitting comments. • Court noted that these rules could be Given these developments in modern Fax: 202–493–2251. • revised to limit the opportunity for technology, what regulatory changes or Mail: U.S. Department of using joint fundraising committees to other steps should the Commission take Transportation, Docket Operations, M– circumvent the base limits. See to further improve its collection and 30, West Building Ground Floor, Room McCutcheon, 134 S. Ct. at 1458–59. The presentation of campaign finance data? W12–140, 1200 New Jersey Avenue SE., Court suggested, for instance, that joint Washington, DC 20590. On behalf of the Commission, • fundraising committees could be limited Hand Delivery: U.S. Department of in size, or that funds received by Dated: October 9, 2014. Transportation, Docket Operations, M– participants in a joint fundraising Lee E. Goodman, 30, West Building Ground Floor, Room committee could be spent only ‘‘by their Chairman, Federal Election Commission. W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 recipients.’’ Id. [FR Doc. 2014–24660 Filed 10–16–14; 8:45 am] The Act includes the following p.m., Monday through Friday, except BILLING CODE 6715–01–P provisions that can affect transfers Federal holidays. between committees engaged in joint For service information identified in fundraising. Candidates may transfer this proposed AD, contact Bombardier, contributions they receive, ‘‘without Inc., Q-Series Technical Help Desk, 123 limitation, to a national, State, or local Garratt Boulevard, Toronto, Ontario committee of a political party.’’ 52 M3K 1Y5, Canada; telephone 416–375– U.S.C. 30114(a)(4) (formerly 2 U.S.C. 4000; fax 416–375–4539; email [email protected]; Multicandidate Political Committees, 52 FR 760, Internet http://www.bombardier.com. 765 (Jan. 9, 1987). You may view this referenced service

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information at the FAA, Transport 08 is necessary to address the identified the owner/operator to contact the Airplane Directorate, 1601 Lind Avenue unsafe condition. manufacturer for corrective actions, SW., Renton, WA. For information on Transport Canada Civil Aviation such as a repair. Briefly, the Airworthy the availability of this material at the (TCCA), which is the aviation authority Product paragraph allowed owners/ FAA, call 425–227–1221. for Canada, has issued Canadian operators to use corrective actions Airworthiness Directive CF–2014–11, provided by the manufacturer if those Examining the AD Docket dated February 13, 2014 (referred to actions were FAA-approved. In You may examine the AD docket on after this as the Mandatory Continuing addition, the paragraph stated that any the Internet at http:// Airworthiness Information, or ‘‘the actions approved by the State of Design www.regulations.gov by searching for MCAI’’), to correct an unsafe condition Authority (or its delegated agent) are and locating Docket No. FAA–2014– certain Bombardier, Inc. Model DHC–8 considered to be FAA-approved. 0752; or in person at the Docket airplanes. The MCAI states: In an NPRM having Directorate Management Facility between 9 a.m. During an in-service event where the Identifier 2012–NM–101–AD (78 FR and 5 p.m., Monday through Friday, landing gear control panel indicated an 78285, December 26, 2013), we except Federal holidays. The AD docket unsafe nose landing gear, the flight crew proposed to prevent the use of repairs contains this proposed AD, the observed that all three green lights were that were not specifically developed to regulatory evaluation, any comments illuminated on the emergency downlock correct the unsafe condition, by received, and other information. The indication system. The nose landing gear was requiring that the repair approval street address for the Docket Operations not down and locked, and collapsed during provided by the State of Design office (telephone 800–647–5527) is in landing. Authority or its delegated agent the ADDRESSES section. Comments will Investigation found ambient light and specifically refer to the FAA AD. This be available in the AD docket shortly wiring shorts can lead to incorrect change was intended to clarify the after receipt. illumination of the green lights on the emergency downlock indication system. method of compliance and to provide FOR FURTHER INFORMATION CONTACT: This [Canadian] AD mandates the operators with better visibility of repairs Cesar Gomez, Aerospace Engineer, functional check of the nose and main that are specifically developed and Airframe and Mechanical Systems landing gear alternate indication approved to correct the unsafe Branch, ANE–171, FAA, New York phototransistors and the modification of the condition. In addition, we proposed to Aircraft Certification Office, 1600 emergency downlock indication system change the phrase ‘‘its delegated agent’’ Stewart Avenue, Suite 410, Westbury, [incorporation of Modsums 8Q101955, to include a design approval holder NY 11590; telephone 516–228–7318; fax 8Q101968, and 8Q101969 as applicable]. (DAH) with State of Design Authority 516–794–5531. The unsafe condition is a false down- design organization approval (DOA), as SUPPLEMENTARY INFORMATION: and-locked landing gear indication, applicable, to refer to a DAH authorized which, on landing, could result in to approve required repairs for the Comments Invited possible collapse of the landing gear. proposed AD. We invite you to send any written The proposed modification consists of One commenter to the NPRM having relevant data, views, or arguments about installing certain new electrical Directorate Identifier 2012–NM–101–AD this proposed AD. Send your comments components and cable assemblies. (78 FR 78285, December 26, 2013) stated to an address listed under the You may examine the MCAI in the the following: ‘‘The proposed wording, ADDRESSES section. Include ‘‘Docket No. AD docket on the Internet at http:// being specific to repairs, eliminates the FAA–2014–0752; Directorate Identifier www.regulations.gov by searching for interpretation that Airbus messages are 2014–NM–079–AD’’ at the beginning of and locating Docket No. FAA–2014– acceptable for approving minor your comments. We specifically invite 0752. deviations (corrective actions) needed comments on the overall regulatory, during accomplishment of an AD economic, environmental, and energy FAA’s Determination and Requirements mandated Airbus service bulletin.’’ aspects of this proposed AD. We will of This Proposed AD This comment has made the FAA consider all comments received by the This product has been approved by aware that some operators have closing date and may amend this the aviation authority of another misunderstood or misinterpreted the proposed AD based on those comments. country, and is approved for operation Airworthy Product paragraph to allow We will post all comments we in the United States. Pursuant to our the owner/operator to use messages receive, without change, to http:// bilateral agreement with the State of provided by the manufacturer as www.regulations.gov, including any Design Authority, we have been notified approval of deviations during the personal information you provide. We of the unsafe condition described in the accomplishment of an AD-mandated will also post a report summarizing each MCAI and service information action. The Airworthy Product substantive verbal contact we receive referenced above. We are proposing this paragraph does not approve messages or about this proposed AD. AD because we evaluated all pertinent other information provided by the information and determined an unsafe manufacturer for deviations to the Discussion condition exists and is likely to exist or requirements of the AD-mandated On March 19, 2014, we issued AD develop on other products of the same actions. The Airworthy Product 2014–06–08, Amendment 39–17812 (79 type design. paragraph only addresses the FR 17390, March 28, 2014). AD 2014– requirement to contact the manufacturer 06–08 requires actions intended to ‘‘Contacting the Manufacturer’’ for corrective actions for the identified address an unsafe condition on certain Paragraph in This Proposed AD unsafe condition and does not cover Bombardier, Inc. Model DHC–8–100, Since late 2006, we have included a deviations from other AD requirements. –200, and –300 series airplanes. standard paragraph titled ‘‘Airworthy However, deviations to AD-required Since we issued AD 2014–06–08, Product’’ in all MCAI ADs in which the actions are addressed in 14 CFR 39.17, Amendment 39–17812 (79 FR 17390, FAA develops an AD based on a foreign and anyone may request the approval March 28, 2014), we have determined authority’s AD. for an alternative method of compliance that the optional terminating The MCAI or referenced service to the AD-required actions using the modification specified in AD 2014–06– information in an FAA AD often directs procedures found in 14 CFR 39.19.

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To address this misunderstanding and information specifies to contact the Part A, Subpart III, Section 44701: misinterpretation of the Airworthy manufacturer for further instructions if General requirements.’’ Under that Product paragraph, we have changed the certain discrepancies are found. As section, Congress charges the FAA with paragraph and retitled it ‘‘Contacting the noted in paragraph (j)(2) of AD 2014– promoting safe flight of civil aircraft in Manufacturer.’’ This paragraph now 06–08, ‘‘For any requirement in this AD air commerce by prescribing regulations clarifies that for any requirement in this to obtain corrective actions from a for practices, methods, and procedures proposed AD to obtain corrective manufacturer, use these actions if they the Administrator finds necessary for actions from a manufacturer, the actions are FAA-approved . . .’’ and ‘‘. . . safety in air commerce. This proposed must be accomplished using a method corrective actions are considered FAA- regulation is within the scope of that approved by the FAA, Transport Canada approved if they were approved by the authority because it addresses an unsafe Civil Aviation (TCCA), or Bombardier’s State of Design Authority (or its condition that is likely to exist or TCCA Design Approval Organization delegated agent, or the DAH with a State develop on products identified in this (DAO). of Design Authority’s design rulemaking action. The Contacting the Manufacturer organization approval, as applicable).’’ paragraph also clarifies that, if approved To clarify the repair approval for the Regulatory Findings by the DAO, the approval must include action specified in paragraph (g) of this We determined that this proposed AD the DAO-authorized signature. The DAO AD, we have added an exception to would not have federalism implications signature indicates that the data and paragraph (g) of this AD, including under Executive Order 13132. This information contained in the document specific delegation approval language. proposed AD would not have a are TCCA-approved, which is also FAA- The exception clarifies that where the substantial direct effect on the States, on approved. Messages and other service information specifies to contact the relationship between the national information provided by the the manufacturer for further Government and the States, or on the manufacturer that do not contain the instructions, this AD requires repairing distribution of power and DAO-authorized signature approval are using a method approved by the responsibilities among the various not TCCA-approved, unless TCCA Manager, New York Aircraft levels of government. directly approves the manufacturer’s Certification Office, ANE–170, Engine message or other information. For the reasons discussed above, I and Propeller Directorate, FAA; or certify this proposed regulation: This clarification does not remove TCCA; or Bombardier, Inc.’s TCCA 1. Is not a ‘‘significant regulatory flexibility previously afforded by the DAO. Airworthy Product paragraph. action’’ under Executive Order 12866; Consistent with long-standing FAA Costs of Compliance 2. Is not a ‘‘significant rule’’ under the policy, such flexibility was never We estimate that this proposed AD DOT Regulatory Policies and Procedures intended for required actions. This is affects 85 airplanes of U.S. registry. (44 FR 11034, February 26, 1979); also consistent with the The actions that are required by AD 3. Will not affect intrastate aviation in recommendation of the Airworthiness 2014–06–08, Amendment 39–17812 (79 Alaska; and Directive Implementation Aviation FR 17390, March 28, 2014), and retained 4. Will not have a significant Rulemaking Committee to increase in this proposed AD take about 3 work- economic impact, positive or negative, flexibility in complying with ADs by hours per product, at an average labor on a substantial number of small entities identifying those actions in rate of $85 per work-hour. Based on under the criteria of the Regulatory manufacturers’ service instructions that these figures, the estimated cost of the Flexibility Act. are ‘‘Required for Compliance’’ with actions that were required by AD 2014– ADs. We continue to work with 06–08 is $21,675, or $255 per product, List of Subjects in 14 CFR Part 39 manufacturers to implement this per inspection cycle. Air transportation, Aircraft, Aviation recommendation. But once we We also estimate that it would take up safety, Incorporation by reference, determine that an action is required, any to 40 work-hours per product to comply Safety. deviation from the requirement must be with the basic requirements of this approved as an alternative method of proposed AD. The average labor rate is The Proposed Amendment compliance. $85 per work-hour. Required parts Accordingly, under the authority We also have decided not to include would cost up to $19,436 per product. delegated to me by the Administrator, a generic reference to either the Based on these figures, we estimate the the FAA proposes to amend 14 CFR part ‘‘delegated agent’’ or ‘‘design approval cost of this proposed AD on U.S. 39 as follows: holder (DAH) with State of Design operators to be up to $1,941,060, or Authority design organization $22,836 per product. PART 39—AIRWORTHINESS approval,’’ but instead we have We have received no definitive data DIRECTIVES provided the specific delegation that would enable us to provide cost approval granted by the State of Design estimates for the on-condition actions ■ 1. The authority citation for part 39 Authority for the DAH. specified in this proposed AD. continues to read as follows: Clarification of Repair Approval Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Required by Paragraph (g) of AD 2014– Title 49 of the United States Code § 39.13 [Amended] 06–08, Amendment 39–17812 (79 FR specifies the FAA’s authority to issue 17390, March 28, 2014) rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by In paragraph (g) of AD 2014–06–08, section 106, describes the authority of removing Airworthiness Directive (AD) Amendment 39–17812 (79 FR 17390, the FAA Administrator. ‘‘Subtitle VII: 2014–06–08, Amendment 39–17812 (79 March 28, 2014), the functional check Aviation Programs,’’ describes in more FR 17390, March 28, 2014), and adding and corrective actions are done in detail the scope of the Agency’s the following new AD: accordance with Bombardier Service authority. Bombardier, Inc.: Docket No. FAA–2014– Bulletin 8–32–173, Revision A, dated We are issuing this rulemaking under 0752; Directorate Identifier 2014–NM– December 17, 2012. That service the authority described in ‘‘Subtitle VII, 079–AD.

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(a) Comments Due Date of this AD. Accomplishment of the the Manager, New York Aircraft Certification We must receive comments by December 1, applicable actions specified in paragraphs Office, ANE–170, Engine and Propeller 2014. (h)(1) through (h)(3) of this AD terminates the Directorate, FAA; or TCCA; or Bombardier, requirements of paragraph (g) of this AD. Inc.’s TCCA DAO. If approved by the DAO, (b) Affected ADs (1) For airplanes configured as described in the approval must include the DAO- This AD replaces AD 2014–06–08, Modsum 8/1519: Incorporate Modsum authorized signature. 8Q101968, in accordance with the Amendment 39–17812 (79 FR 17390, March (k) Related Information 28, 2014). Accomplishment Instructions of Bombardier Service Bulletin 8–33–56, Revision A, dated (1) Refer to Mandatory Continuing (c) Applicability February 22, 2013. Airworthiness Information (MCAI) Canadian This AD applies to Bombardier, Inc. Model (2) For airplanes configured as described in Airworthiness Directive CF–2014–11, dated DHC–8–101, –102, –103, –106, –201, –202, Modsum 8/0235, 8/0461, and 8/0534: February 13, 2014, for related information. –301, –311, and –315 airplanes, certificated Incorporate Modsum 8Q101955, in This MCAI may be found in the AD docket in any category, serial numbers 003 through accordance with the Accomplishment on the Internet at http://www.regulations.gov 672 inclusive. Instructions of Bombardier Service Bulletin by searching for and locating Docket No. 8–32–176, Revision A, dated February 22, FAA–2014–0752. (d) Subject 2013. (2) For service information identified in Air Transport Association (ATA) of (3) For airplanes not configured as this AD, contact Bombardier, Inc., Q-Series America Code 32, Landing gear. described in Modsum 8/0534: Incorporate Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; (e) Reason Modsum 8Q101969, in accordance with the Accomplishment Instructions of Bombardier telephone 416–375–4000; fax 416–375–4539; This AD was prompted by a report that the Service Bulletin 8–32–177, dated October 9, email [email protected]; emergency downlock indication system 2013. Internet http://www.bombardier.com. You (EDIS) had given a false landing gear down- may view this service information at the and-locked indication and a determination (i) Credit for Previous Actions FAA, Transport Airplane Directorate, 1601 that a terminating action modification is (1) This paragraph provides credit for Lind Avenue SW., Renton, WA. For necessary to address the identified unsafe actions required by paragraph (g) of this AD, information on the availability of this condition. We are issuing this AD to detect if those actions were performed before the material at the FAA, call 425–227–1221. and correct a false down-and-locked landing effective date of this AD using Bombardier gear indication, which, on landing, could Issued in Renton, Washington, on Service Bulletin 8–32–173, dated October 28, September 24, 2014. result in possible collapse of the landing 2011, which is not incorporated by reference gear. in this AD. Michael Kaszycki, (f) Compliance (2) This paragraph provides credit for Acting Manager, Transport Airplane actions required by paragraph (h)(1) of this Directorate, Aircraft Certification Service. Comply with this AD within the AD, if those actions were performed before compliance times specified, unless already [FR Doc. 2014–24696 Filed 10–16–14; 8:45 am] the effective date of this AD using done. BILLING CODE 4910–13–P Bombardier Service Bulletin 8–33–56, dated (g) Retained Functional Check With Repair February 11, 2013, which is not incorporated Approval Clarification by reference in this AD. DEPARTMENT OF TRANSPORTATION This paragraph restates the requirements of (3) This paragraph provides credit for paragraph (g) of AD 2014–06–08, actions required by paragraph (h)(2) of this Federal Aviation Administration Amendment 39–17812 (79 FR 17390, March AD, if those actions were performed before the effective date of this AD using 28, 2014), with specific delegation approval 14 CFR Part 71 language. Within 600 flight hours or 100 Bombardier Service Bulletin 8–32–176, dated days, whichever occurs first after April 14, February 11, 2013, which is not incorporated [Docket No. FAA–2014–0293; Airspace 2014 (the effective date of AD 2014–06–08): by reference in this AD. Docket No. 14–ANE–5] Perform a functional check of the alternate (j) Other FAA AD Provisions indication phototransistors of the nose and Proposed Establishment of Class E main landing gear; and do all applicable The following provisions also apply to this Airspace; Plainville, CT corrective actions; in accordance with the AD: Accomplishment Instructions of Bombardier (1) Alternative Methods of Compliance AGENCY: Federal Aviation Service Bulletin 8–32–173, Revision A, dated (AMOCs): The Manager, New York Aircraft Administration (FAA), DOT. December 17, 2012; except where Certification Office (ACO), ANE–170, FAA, has the authority to approve AMOCs for this ACTION: Notice of proposed rulemaking Bombardier Service Bulletin 8–32–173, (NPRM). Revision A, dated December 17, 2012, AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR specifies to contact the manufacturer for SUMMARY: This action proposes to further instructions, before further, flight, 39.19, send your request to your principal repair using a method approved by the inspector or local Flight Standards District establish Class E Airspace at Plainville, Manager, New York Aircraft Certification Office, as appropriate. If sending information CT, to accommodate new Area Office, ANE–170, Engine and Propeller directly to the ACO, send it to ATTN: Navigation (RNAV) Global Positioning Directorate, FAA; or Transport Canada Civil Program Manager, Continuing Operational System (GPS) Standard Instrument Aviation (TCCA); or Bombardier, Inc.’s TCCA Safety, FAA, New York ACO, 1600 Stewart Approach Procedures (SIAPs) serving Design Approval Organization (DAO). Do all Avenue, Suite 410, Westbury, NY 11590; Robertson Field Airport. This action applicable corrective actions before further telephone 516–228–7300; fax 516–794–5531. would enhance the safety and airspace Before using any approved AMOC, notify flight. Repeat the functional check thereafter management of Instrument Flight Rules at intervals not to exceed 600 flight hours or your appropriate principal inspector, or 100 days, whichever occurs first, until lacking a principal inspector, the manager of (IFR) operations within the National accomplishment of the applicable actions the local flight standards district office/ Airspace System. specified in paragraph (h) of this AD. certificate holding district office. The AMOC DATES: Comments must be received on approval letter must specifically reference or before December 1, 2014. (h) New Requirement of This AD: this AD. Terminating Action (2) Contacting the Manufacturer: As of the ADDRESSES: Send comments on this rule Within 6,000 flight hours or 36 months effective date of this AD, for any requirement to: U.S. Department of Transportation, after the effective date of this AD, whichever in this AD to obtain corrective actions from Docket Operations, West Building occurs first: Do the applicable actions a manufacturer, the action must be Ground Floor, Room W12–140, 1200 specified in paragraphs (h)(1) through (h)(3) accomplished using a method approved by New Jersey SE., Washington, DC 20590–

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0001; Telephone: 1–800–647–5527; Fax: airtraffic/air_traffic/publications/ entities under the criteria of the 202–493–2251. You must identify the airspace_amendments/. Regulatory Flexibility Act. Docket Number FAA–2014–0293; You may review the public docket The FAA’s authority to issue rules Airspace Docket No. 14–ANE–5, at the containing the proposal, any comments regarding aviation safety is found in beginning of your comments. You may received and any final disposition in Title 49 of the United States Code. also submit and review received person in the Dockets Office (see the Subtitle I, Section 106 describes the comments through the Internet at ADDRESSES section for address and authority of the FAA Administrator. http://www.regulations.gov. phone number) between 9:00 a.m. and Subtitle VII, Aviation Programs, FOR FURTHER INFORMATION CONTACT: John 5:00 p.m., Monday through Friday, describes in more detail the scope of the Fornito, Operations Support Group, except Federal Holidays. An informal agency’s authority. This proposed Eastern Service Center, Federal Aviation docket may also be examined between rulemaking is promulgated under the Administration, P.O. Box 20636, 8:00 a.m. and 4:30 p.m., Monday authority described in Subtitle VII, Part, Atlanta, Georgia 30320; telephone (404) through Friday, except Federal A, Subpart I, Section 40103. Under that 305–6364. Holidays, at the office of the Eastern section, the FAA is charged with SUPPLEMENTARY INFORMATION: Service Center, Federal Aviation prescribing regulations to assign the use Administration, Room 350, 1701 of airspace necessary to ensure the Comments Invited Columbia Avenue, College Park, Georgia safety of aircraft and the efficient use of Interested persons are invited to 30337. airspace. This proposed regulation is comment on this rule by submitting Persons interested in being placed on within the scope of that authority as it such written data, views, or arguments, a mailing list for future NPRMs should would establish Class E airspace at as they may desire. Comments that contact the FAA’s Office of Rulemaking, Robertson Field Airport, Plainville, CT. provide the factual basis supporting the (202) 267–9677, to request a copy of This proposal will be subject to an views and suggestions presented are Advisory circular No. 11–2A, Notice of environmental analysis in accordance particularly helpful in developing Proposed Rulemaking distribution with FAA Order 1050.1E, reasoned regulatory decisions on the System, which describes the application ‘‘Environmental Impacts: Policies and proposal. Comments are specifically procedure. Procedures’’ prior to any FAA final invited on the overall regulatory, The Proposal regulatory action. aeronautical, economic, environmental, and energy-related aspects of the The FAA is considering an Lists of Subjects in 14 CFR Part 71 proposal. amendment to Title 14, Code of Federal Airspace, Incorporation by reference, Communications should identify both Regulations (14 CFR) part 71 to establish Navigation (air). docket numbers (FAA Docket No. FAA– Class E airspace at Plainville, CT, 2014–0293; Airspace Docket No. 14– providing the controlled airspace The Proposed Amendment required to support the new RNAV ANE–5) and be submitted in triplicate to In consideration of the foregoing, the (GPS) standard instrument approach the Docket Management System (see Federal Aviation Administration procedures for Robertson Field Airport. ADDRESSES section for address and proposes to amend 14 CFR part 71 as Controlled airspace extending upward phone number). You may also submit follows: comments through the Internet at from 700 feet above the surface within http://www.regulations.gov. a 9.5-mile radius of the airport would be PART 71—DESIGNATION OF CLASS A, Persons wishing the FAA to established for IFR operations. B, C, D, AND E AIRSPACE AREAS; AIR acknowledge receipt of their comments Class E airspace designations are TRAFFIC SERVICE ROUTES; AND on this action must submit with those published in Paragraph 6005 of FAA REPORTING POINTS comments a self-addressed stamped order 7400.9Y, dated August 8, 2014, postcard on which the following and effective September 15, 2014, which ■ 1. The authority citation for part 71 statement is made: ‘‘Comments to is incorporated by reference in 14 CFR continues to read as follows: 71.1. The Class E airspace designation Docket No. FAA–2014–0293; Airspace Authority: 49 U.S.C. 106(g); 40103, 40113, Docket No. 14–ANE–5.’’ The postcard listed in this document will be 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– will be date/time stamped and returned published subsequently in the Order. 1963 Comp., p. 389. to the commenter. The FAA has determined that this All communications received before proposed regulation only involves an § 71.1 [Amended] the specified closing date for comments established body of technical ■ 2. The incorporation by reference in will be considered before taking action regulations for which frequent and 14 CFR 71.1 of Federal Aviation on the proposed rule. The proposal routine amendments are necessary to Administration Order 7400.9Y, Airspace contained in this notice may be changed keep them operationally current. It, Designations and Reporting Points, in light of the comments received. A therefore, (1) is not a ‘‘significant dated August 8, 2014, effective report summarizing each substantive regulatory action’’ under Executive September 15, 2014, is amended as public contact with FAA personnel Order 12866; (2) is not a ‘‘significant follows: concerned with this rulemaking will be rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February Paragraph 6005 Class E Airspace Areas filed in the docket. Extending Upward from 700 Feet or More 26, 1979); and (3) does not warrant Above the Surface of the Earth. Availability of NPRMs preparation of a Regulatory Evaluation An electronic copy of this document as the anticipated impact is so minimal. * * * * * may be downloaded from and Since this is a routine matter that will ANE CT E5 Plainville, CT [New] comments submitted through http:// only affect air traffic procedures and air Robertson Field Airport, CT www.regulations.gov. Recently navigation, it is certified that this (Lat. 41°41′22″ N., long. 72°51′53″ W.) published rulemaking documents can proposed rule, when promulgated, That airspace extending upward from 700 also be accessed through the FAA’s Web would not have a significant economic feet above the surface within a 9.5-mile page at http://www.faa.gov/airports_ impact on a substantial number of small radius of Robertson Field Airport.

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Issued in College Park, Georgia, on October EPA for those elements. The EPA will Docket: All documents in the docket 7, 2014. address the remaining interstate are listed in the www.regulations.gov Myron A. Jenkins, transport requirements in a separate index. Although listed in the index, Manager, Operations Support Group, Eastern action. some information is not publicly Service Center, Air Traffic Organization. DATES: Comments must be received on available, e.g., CBI or other information [FR Doc. 2014–24616 Filed 10–16–14; 8:45 am] or before November 17, 2014. the disclosure of which is restricted by BILLING CODE 4910–13–P statute. Certain other material, such as ADDRESSES: Submit your comments, copyrighted material, is not placed on identified by Docket ID No. EPA–R10– the Internet and will be publicly OAR–2014–0744, by any of the available only in hard copy. Publicly ENVIRONMENTAL PROTECTION following methods: AGENCY • Email: R10-Public_Comments@ available docket materials are available either electronically in 40 CFR Part 52 epa.gov. • www.regulations.gov: Follow the www.regulations.gov or in hard copy [EPA–R10–OAR–2014–0744, FRL–9918–05– on-line instructions for submitting during normal business hours at the Region 10] comments. Office of Air, Waste and Toxics, EPA • Mail: Jeff Hunt, EPA Region 10, Region 10, 1200 Sixth Avenue, Seattle, Approval and Promulgation of Office of Air, Waste and Toxics (AWT– WA 98101. Implementation Plans; Washington: 150), 1200 Sixth Avenue, Suite 900, FOR FURTHER INFORMATION CONTACT: Jeff Infrastructure Requirements for the Seattle, WA 98101. Hunt at: (206) 553–0256, hunt.jeff@ Fine Particulate Matter National • Hand Delivery: EPA Region 10 epa.gov, or the above EPA, Region 10 Ambient Air Quality Standards Mailroom, 9th Floor, 1200 Sixth address. AGENCY: Environmental Protection Avenue, Suite 900, Seattle, WA 98101. SUPPLEMENTARY INFORMATION: Agency. Attention: Jeff Hunt, Office of Air, Waste Throughout this document wherever ACTION: Proposed rule. and Toxics, AWT–107. Such deliveries ‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, it is are only accepted during normal hours intended to refer to the EPA. SUMMARY: The Environmental Protection of operation, and special arrangements Information is organized as follows: Agency (EPA) is proposing to partially should be made for deliveries of boxed approve and partially disapprove the information. Table of Contents State Implementation Plan (SIP) Instructions: Direct your comments to I. Background submittal from Washington Docket ID No. EPA–R10–OAR–2014– II. CAA Sections 110(a)(1) and (2) demonstrating that the SIP meets the 0744. The EPA’s policy is that all Infrastructure Elements infrastructure requirements of the Clean comments received will be included in III. The EPA’s Approach to Review of Air Act (CAA) for the National Ambient the public docket without change and Infrastructure SIP Submittals Air Quality Standards (NAAQS) may be made available online at IV. Analysis of the State’s Submittal promulgated for fine particulate matter www.regulations.gov, including any V. Proposed Action VI. Statutory and Executive Order Reviews (PM2.5) on July 18, 1997, October 17, personal information provided, unless 2006, and December 14, 2012 the comment includes information I. Background (collectively the PM2.5 NAAQS). The claimed to be Confidential Business On July 18, 1997, the EPA CAA requires that each state, after a new Information (CBI) or other information promulgated a new 24-hour and a new or revised NAAQS is promulgated, the disclosure of which is restricted by annual NAAQS for PM2.5 (62 FR 38652). review their SIP to ensure that it meets statute. Do not submit information that On October 17, 2006, the EPA revised the infrastructure requirements you consider to be CBI or otherwise the standards for PM2.5, tightening the necessary to implement the new or protected through www.regulations.gov 24-hour PM2.5 standard from 65 revised NAAQS. On September 22, or email. The www.regulations.gov Web micrograms per cubic meter (m/m 3) to 2014, Washington certified that the site is an ‘‘anonymous access’’ system, 3 35 m/m , and retaining the annual PM2.5 Washington SIP meets the infrastructure which means the EPA will not know standard at 15 m/m 3 (71 FR 61144). requirements of the CAA for the PM2.5 your identity or contact information Subsequently, on December 14, 2012, NAAQS, except for those requirements unless you provide it in the body of the EPA revised the level of the health related to the Prevention of Significant your comment. If you send an email based (primary) annual PM2.5 standard Deterioration (PSD) permitting program comment directly to the EPA without to 12 m/m 3 (78 FR 3086, published currently operated under a Federal going through www.regulations.gov your January 15, 2013).1 Implementation Plan (FIP), certain email address will be automatically States must submit SIPs meeting the elements of the regional haze program captured and included as part of the requirements of CAA sections 110(a)(1) currently operated under a FIP, and comment that is placed in the public and (2) within three years after specific requirements related to docket and made available on the promulgation of a new or revised interstate transport which will be Internet. If you submit an electronic standard. CAA sections 110(a)(1) and (2) addressed in a separate submittal. The comment, the EPA recommends that require states to address basic SIP EPA is proposing to find that you include your name and other requirements, including emissions Washington’s SIP is adequate for contact information in the body of your inventories, monitoring, and modeling purposes of the infrastructure SIP comment and with any disk or CD–ROM to implement, maintain, and enforce the requirements of the CAA with the you submit. If the EPA cannot read your standards, so-called ‘‘infrastructure’’ exceptions noted above. The EPA is comment due to technical difficulties 1 proposing to find that the SIP and cannot contact you for clarification, In the EPA’s 2012 PM2.5 NAAQS revision, we deficiencies related to PSD permitting the EPA may not be able to consider left unchanged the existing welfare (secondary) and regional haze, however, have been your comment. Electronic files should standards for PM2.5 to address PM-related effects such as visibility impairment, ecological effects, adequately addressed by the existing avoid the use of special characters, any damage to materials and climate impacts. This EPA FIPs and, therefore, no further form of encryption, and be free of any includes an annual secondary standard of 15.0 mg/ action is required by Washington or the defects or viruses. m 3 and a 24-hour standard of 35 mg/m 3.

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requirements. To help states meet this • 110(a)(2)(C): Program for III. The EPA’s Approach to Review of statutory requirement, the EPA issued enforcement of control measures. Infrastructure SIP Submittals guidance to states. On October 2, 2007, • 110(a)(2)(D): Interstate transport.5 The EPA is acting upon the SIP the EPA issued guidance to address • 110(a)(2)(E): Adequate resources. submission from Washington that infrastructure SIP elements for the 1997 • 110(a)(2)(F): Stationary source addresses the infrastructure 2 ozone and 1997 PM2.5 NAAQS. monitoring system. requirements of CAA sections 110(a)(1) Subsequently, on September 25, 2009, • 110(a)(2)(G): Emergency powers. and 110(a)(2) for the PM2.5 NAAQS. The the EPA issued guidance to address SIP • 110(a)(2)(H): Future SIP revisions. requirement for states to make a SIP infrastructure elements for the 2006 24- • submission of this type arises out of hour PM NAAQS.3 Finally, on 110(a)(2)(I): Areas designated 2.5 nonattainment and meet the applicable CAA section 110(a)(1). Pursuant to September 13, 2013, the EPA issued section 110(a)(1), states must make SIP guidance to address infrastructure SIP requirements of part D. • 110(a)(2)(J): Consultation with submissions ‘‘within 3 years (or such elements generally for all NAAQS, shorter period as the Administrator may 4 government officials; public including the 2012 PM2.5 NAAQS. As notification; and Prevention of prescribe) after the promulgation of a noted in the guidance documents, to the national primary ambient air quality extent an existing SIP already meets the Significant Deterioration (PSD) and visibility protection. standard (or any revision thereof),’’ and CAA section 110(a)(2) requirements, these SIP submissions are to provide for • 110(a)(2)(K): Air quality modeling/ states may certify that fact via a letter to the ‘‘implementation, maintenance, and the EPA. On September 22, 2014, data. • enforcement’’ of such NAAQS. The Washington made a submittal to the 110(a)(2)(L): Permitting fees. statute directly imposes on states the • EPA certifying that the current 110(a)(2)(M): Consultation/ duty to make these SIP submissions, Washington SIP meets the CAA section participation by affected local entities. and the requirement to make the 110(a)(1) and (2) infrastructure The EPA’s guidance clarified that two submissions is not conditioned upon requirements for the PM2.5 NAAQS, elements identified in CAA section the EPA’s taking any action other than except for certain requirements related 110(a)(2) are not governed by the three promulgating a new or revised NAAQS. to PSD permitting, regional haze, and year submission deadline of CAA Section 110(a)(2) includes a list of interstate transport described in the section 110(a)(1) because SIPs specific elements that ‘‘[e]ach such ‘‘Analysis of the State’s Submittal’’ incorporating necessary local plan’’ submission must address. section below. Washington’s submittal nonattainment area controls are not due The EPA has historically referred to also included a demonstration for within three years after promulgation of these SIP submissions made for the infrastructure requirements related to a new or revised NAAQS, but rather are purpose of satisfying the requirements the 2008 ozone and 2010 nitrogen due at the time the nonattainment area of CAA sections 110(a)(1) and 110(a)(2) dioxide NAAQS addressed in a separate plan requirements are due pursuant to as ‘‘infrastructure SIP’’ submissions. EPA proposal. CAA section 172 and the various Although the term ‘‘infrastructure SIP’’ II. CAA Sections 110(a)(1) and (2) pollutant specific subparts 2–5 of part does not appear in the CAA, the EPA Infrastructure Elements D. These requirements are: (i) uses the term to distinguish this submissions required by CAA section particular type of SIP submission from CAA section 110(a)(1) provides the 110(a)(2)(C) to the extent that subsection submissions that are intended to satisfy procedural and timing requirements for refers to a permit program as required in other SIP requirements under the CAA, SIP submissions after a new or revised part D, title I of the CAA, and (ii) such as ‘‘nonattainment SIP’’ or NAAQS is promulgated. CAA section submissions required by CAA section 110(a)(2) lists specific elements that ‘‘attainment plan SIP’’ submissions to 110(a)(2)(I) which pertain to the states must meet for infrastructure SIP address the nonattainment planning nonattainment planning requirements of requirements related to a newly requirements of part D of title I of the part D, title I of the CAA. As a result, established or revised NAAQS. The CAA, ‘‘regional haze SIP’’ submissions this action does not address requirements, with their corresponding required by the EPA rule to address the infrastructure elements related to CAA CAA subsection, are listed below: visibility protection requirements of • 110(a)(2)(A): Emission limits and section 110(a)(2)(C) with respect to CAA section 169A, and nonattainment other control measures. nonattainment new source review (NSR) new source review permit program • 110(a)(2)(B): Ambient air quality or CAA section 110(a)(2)(I). submissions to address the permit monitoring/data system. Furthermore, the EPA interprets the requirements of CAA, title I, part D. CAA section 110(a)(2)(J) provision on Section 110(a)(1) addresses the timing 2 William T. Harnett, Director, Air Quality Policy visibility as not being triggered by a new and general requirements for Division, Office of Air Quality Planning and NAAQS because the visibility infrastructure SIP submissions, and Standards. ‘‘Guidance on SIP Elements Required requirements in part C, title I of the section 110(a)(2) provides more details Under Sections 110(a)(1) and (2) for the 1997 8-hour CAA are not changed by a new NAAQS. concerning the required contents of Ozone and PM2.5 National Ambient Air Quality Standards.’’ Memorandum to EPA Air Division these submissions. The list of required Directors, Regions I–X, October 2, 2007. 5 Washington’s submittal does not address CAA elements provided in section 110(a)(2) 3 William T. Harnett, Director, Air Quality Policy section 110(a)(2)(D)(i)(I). On April 29, 2014, the contains a wide variety of disparate Division, Office of Air Quality Planning and U.S. Supreme Court reversed and remanded a D.C. provisions, some of which pertain to Standards. ‘‘Guidance on SIP Elements Required Circuit Court ruling related to interstate transport. Under Sections 110(a)(1) and (2) for the 2006 24- See EPA v. EME Homer City Generation, L.P., No. required legal authority, some of which hour Fine Particle (PM2.5) National Ambient Air 12–1182, 572 U.S. ____slip op. (2014). The EPA pertain to required substantive program Quality Standards (NAAQS).’’ Memorandum to intends to address Washington’s obligations under provisions, and some of which pertain Regional Air Division Directors, Regions I–X, CAA section 110(a)(2)(D)(i)(I) with respect to the September 25, 2009. to requirements for both authority and PM2.5 NAAQS in a separate action. In contrast, 6 4 Stephen D. Page, Director, Office of Air Quality portions of the Washington SIP submittal relating substantive program provisions. The Planning and Standards. ‘‘Guidance on to 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii) were Infrastructure State Implementation Plan (SIP) submitted. In this notice, we are proposing to act 6 For example: Section 110(a)(2)(E)(i) provides Elements under Clean Air Act Sections 110(a)(1) on Washington’s submittal for purposes of that states must provide assurances that they have and 110(a)(2).’’ Memorandum to EPA Air Division 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii) for the PM2.5 adequate legal authority under state and local law Directors, Regions 1–10, September 13, 2013. NAAQS. Continued

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EPA therefore believes that while the 110(a)(2) are applicable for a particular that a state might need to meet in its timing requirement in section 110(a)(1) infrastructure SIP submission. infrastructure SIP submission for is unambiguous, some of the other Another example of ambiguity within purposes of section 110(a)(2)(B) could statutory provisions are ambiguous. In sections 110(a)(1) and 110(a)(2) with be very different for different pollutants, particular, the EPA believes that the list respect to infrastructure SIPs pertains to for example because the content and of required elements for infrastructure whether states must meet all of the scope of a state’s infrastructure SIP SIP submissions provided in section infrastructure SIP requirements in a submission to meet this element might 110(a)(2) contains ambiguities single SIP submission, and whether the be very different for an entirely new concerning what is required for EPA must act upon such SIP submission NAAQS than for a minor revision to an inclusion in an infrastructure SIP in a single action. Although section existing NAAQS.11 110(a)(1) directs states to submit ‘‘a submission. The EPA notes that interpretation of plan’’ to meet these requirements, the section 110(a)(2) is also necessary when The following examples of EPA interprets the CAA to allow states the EPA reviews other types of SIP ambiguities illustrate the need for the to make multiple SIP submissions submissions required under the CAA. EPA to interpret some section 110(a)(1) separately addressing infrastructure SIP Therefore, as with infrastructure SIP and section 110(a)(2) requirements with elements for the same NAAQS. If states submissions, the EPA also has to respect to infrastructure SIP elect to make such multiple SIP identify and interpret the relevant submissions for a given new or revised submissions to meet the infrastructure elements of section 110(a)(2) that NAAQS. One example of ambiguity is SIP requirements, the EPA can elect to logically apply to these other types of that section 110(a)(2) requires that act on such submissions either SIP submissions. For example, section ‘‘each’’ SIP submission must meet the individually or in a larger combined 172(c)(7) requires that attainment plan list of requirements therein, while the action.9 Similarly, the EPA interprets SIP submissions required by part D have EPA has long noted that this literal the CAA to allow it to take action on the to meet the ‘‘applicable requirements’’ reading of the statute is internally individual parts of one larger, of section 110(a)(2). Thus, for example, inconsistent and would create a conflict comprehensive infrastructure SIP attainment plan SIP submissions must with the nonattainment provisions in submission for a given NAAQS without meet the requirements of section part D of title I of the CAA, which concurrent action on the entire 110(a)(2)(A) regarding enforceable specifically address nonattainment SIP submission. For example, the EPA has emission limits and control measures requirements.7 Section 110(a)(2)(I) sometimes elected to act at different and section 110(a)(2)(E)(i) regarding air pertains to nonattainment SIP times on various elements and sub- agency resources and authority. By requirements and part D addresses elements of the same infrastructure SIP contrast, it is clear that attainment plan 10 when attainment plan SIP submissions submission. SIP submissions required by part D Ambiguities within sections 110(a)(1) to address nonattainment area would not need to meet the portion of and 110(a)(2) may also arise with requirements are due. For example, section 110(a)(2)(C) that pertains to the respect to infrastructure SIP submission section 172(b) requires the EPA to PSD program required in part C of title requirements for different NAAQS. establish a schedule for submission of I of the CAA, because PSD does not Thus, the EPA notes that not every such plans for certain pollutants when apply to a pollutant for which an area element of section 110(a)(2) would be the Administrator promulgates the is designated nonattainment and thus relevant, or as relevant, or relevant in subject to part D planning requirements. designation of an area as nonattainment, the same way, for each new or revised and section 107(d)(1)(B) allows up to As this example illustrates, each type of NAAQS. The states’ attendant SIP submission may implicate some two years, or in some cases three years, infrastructure SIP submissions for each elements of section 110(a)(2) but not for such designations to be NAAQS therefore could be different. For 8 others. promulgated. This ambiguity illustrates example, the monitoring requirements Given the potential for ambiguity in that rather than apply all the stated some of the statutory language of section requirements of section 110(a)(2) in a 9 See, e.g., ‘‘Approval and Promulgation of 110(a)(1) and section 110(a)(2), the EPA strict literal sense, the EPA must Implementation Plans; New Mexico; Revisions to believes that it is appropriate to determine which provisions of section the New Source Review (NSR) State Implementation Plan (SIP); Prevention of interpret the ambiguous portions of Significant Deterioration (PSD) and Nonattainment section 110(a)(1) and section 110(a)(2) to carry out the SIP; section 110(a)(2)(C) provides New Source Review (NNSR) Permitting,’’ 78 FR in the context of acting on a particular that states must have a SIP-approved program to 4339 (January 22, 2013) (the EPA’s final action SIP submission. In other words, the EPA address certain sources as required by part C of title approving the structural PSD elements of the New I of the CAA; and section 110(a)(2)(G) provides that Mexico SIP submitted by the State separately to assumes that Congress could not have states must have legal authority to address meet the requirements of the EPA’s 2008 PM2.5 NSR intended that each and every SIP emergencies as well as contingency plans that are rule), and ‘‘Approval and Promulgation of Air submission, regardless of the NAAQS in triggered in the event of such emergencies. Quality Implementation Plans; New Mexico; question or the history of SIP 7 See, e.g., ‘‘Rule To Reduce Interstate Transport Infrastructure and Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Requirements for the 2006 PM2.5 NAAQS,’’ (78 FR development for the relevant pollutant, Interstate Rule); Revisions to Acid Rain Program; 4337) (January 22, 2013) (the EPA’s final action on would meet each of the requirements, or Revisions to the NOX SIP Call; Final Rule,’’ 70 FR the infrastructure SIP for the 2006 PM2.5 NAAQS). meet each of them in the same way. 25162, at 25163–65 (May 12, 2005) (explaining 10 On December 14, 2007, the State of Tennessee, Therefore, the EPA has adopted an relationship between timing requirement of section through the Tennessee Department of Environment 110(a)(2)(D) versus section 110(a)(2)(I)). and Conservation, made a SIP revision to the EPA approach under which it reviews 8 The EPA notes that this ambiguity within demonstrating that the State meets the requirements infrastructure SIP submissions against section 110(a)(2) is heightened by the fact that of sections 110(a)(1) and (2). The EPA proposed the list of elements in section 110(a)(2), various subparts of part D set specific dates for action for infrastructure SIP elements (C) and (J) on but only to the extent each element submission of certain types of SIP submissions in January 23, 2012 (77 FR 3213) and took final action designated nonattainment areas for various on March 14, 2012 (77 FR 14976). On April 16, applies for that particular NAAQS. pollutants. Note, e.g., that section 182(a)(1) provides 2012 (77 FR 22533) and July 23, 2012 (77 FR 11 specific dates for submission of emissions 42997), the EPA took separate proposed and final For example, implementation of the 1997 PM2.5 inventories for the ozone NAAQS. Some of these actions on all other section 110(a)(2) infrastructure NAAQS required the deployment of a system of specific dates are necessarily later than three years SIP elements of Tennessee’s December 14, 2007 new monitors to measure ambient levels of that new after promulgation of the new or revised NAAQS. submittal. indicator species for the new NAAQS.

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Historically, the EPA has elected to explains the EPA’s interpretation that submission is necessarily the use guidance documents to make there may be a variety of ways by which appropriate type of action in which to recommendations to states for states can appropriately address these address possible deficiencies in a state’s infrastructure SIPs, in some cases substantive statutory requirements, existing SIP. These issues include: (i) conveying needed interpretations on depending on the structure of an existing provisions related to excess newly arising issues and in some cases individual state’s permitting or emissions from sources during periods conveying interpretations that have enforcement program (e.g., whether of startup, shutdown, or malfunction already been developed and applied to permits and enforcement orders are that may be contrary to the CAA and the individual SIP submissions for approved by a multi-member board or EPA’s policies addressing such excess particular elements.12 The EPA most by a head of an executive agency). emissions (‘‘SSM’’); (ii) existing recently issued guidance for However they are addressed by the provisions related to ‘‘director’s infrastructure SIPs on September 13, state, the substantive requirements of variance’’ or ‘‘director’s discretion’’ that 2013 (2013 Guidance).13 The EPA section 128 are necessarily included in may be contrary to the CAA because developed this document to provide the EPA’s evaluation of infrastructure they purport to allow revisions to SIP- states with up-to-date guidance for SIP submissions because section approved emissions limits while infrastructure SIPs for any new or 110(a)(2)(E)(ii) explicitly requires that limiting public process or not requiring revised NAAQS. Within this guidance, the state satisfy the provisions of section further approval by the EPA; and (iii) the EPA describes the duty of states to 128. existing provisions for PSD programs make infrastructure SIP submissions to As another example, the EPA’s review that may be inconsistent with current meet basic structural SIP requirements of infrastructure SIP submissions with requirements of the EPA’s ‘‘Final NSR within three years of promulgation of a respect to the PSD program Improvement Rule,’’ 67 FR 80186 new or revised NAAQS. The EPA also requirements in sections 110(a)(2)(C), (December 31, 2002), as amended by 72 made recommendations about many (D)(i)(II), and (J) focuses upon the FR 32526 (June 13, 2007). Thus, the EPA specific subsections of section 110(a)(2) structural PSD program requirements believes it may approve an that are relevant in the context of contained in part C and the EPA’s PSD infrastructure SIP submission without infrastructure SIP submissions.14 The regulations. Structural PSD program scrutinizing the totality of the existing guidance also discusses the requirements include provisions SIP for such potentially deficient substantively important issues that are necessary for the PSD program to provisions and may approve the germane to certain subsections of address all regulated sources and NSR submission even if it is aware of such section 110(a)(2). Significantly, the EPA pollutants, including greenhouse gases. existing provisions.15 It is important to interprets sections 110(a)(1) and By contrast, structural PSD program note that the EPA’s approval of a state’s 110(a)(2) such that infrastructure SIP requirements do not include provisions infrastructure SIP submission should submissions need to address certain that are not required under the EPA’s not be construed as explicit or implicit issues and need not address others. regulations at 40 CFR 51.166 but are re-approval of any existing potentially Accordingly, the EPA reviews each merely available as an option for the deficient provisions that relate to the infrastructure SIP submission for state, such as the option to provide three specific issues just described. compliance with the applicable grandfathering of complete permit The EPA’s approach to review of statutory provisions of section 110(a)(2), applications with respect to the 2012 infrastructure SIP submissions is to as appropriate. PM2.5 NAAQS. Accordingly, the latter identify the CAA requirements that are As an example, section 110(a)(2)(E)(ii) optional provisions are types of logically applicable to that submission. is a required element of section provisions the EPA considers irrelevant The EPA believes that this approach to 110(a)(2) for infrastructure SIP in the context of an infrastructure SIP the review of a particular infrastructure submissions. Under this element, a state action. SIP submission is appropriate, because must meet the substantive requirements For other section 110(a)(2) elements, it would not be reasonable to read the of section 128, which pertain to state however, the EPA’s review of a state’s general requirements of section boards that approve permits or infrastructure SIP submission focuses 110(a)(1) and the list of elements in enforcement orders and heads of on assuring that the state’s SIP meets 110(a)(2) as requiring review of each executive agencies with similar powers. basic structural requirements. For and every provision of a state’s existing Thus, the EPA reviews infrastructure example, section 110(a)(2)(C) includes, SIP against all requirements in the CAA SIP submissions to ensure that the inter alia, the requirement that states and the EPA regulations merely for state’s SIP appropriately addresses the have a program to regulate minor new purposes of assuring that the state in requirements of section 110(a)(2)(E)(ii) sources. Thus, the EPA evaluates question has the basic structural and section 128. The 2013 Guidance whether the state has an EPA-approved elements for a functioning SIP for a new minor new source review program and or revised NAAQS. Because SIPs have 12 The EPA notes, however, that nothing in the whether the program addresses the grown by accretion over the decades as CAA requires the EPA to provide guidance or to pollutants relevant to that NAAQS. In statutory and regulatory requirements promulgate regulations for infrastructure SIP the context of acting on an submissions. The CAA directly applies to states and under the CAA have evolved, they may requires the submission of infrastructure SIP infrastructure SIP submission, however, include some outmoded provisions and submissions, regardless of whether or not the EPA the EPA does not think it is necessary historical artifacts. These provisions, provides guidance or regulations pertaining to such to conduct a review of each and every submissions. EPA elects to issue such guidance in while not fully up to date, nevertheless provision of a state’s existing minor may not pose a significant problem for order to assist states, as appropriate. source program (i.e., already in the 13 ‘‘Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean existing SIP) for compliance with the 15 By contrast, the EPA notes that if a state were Air Act Sections 110(a)(1) and 110(a)(2),’’ requirements of the CAA and EPA’s to include a new provision in an infrastructure SIP Memorandum from Stephen D. Page, September 13, regulations that pertain to such submission that contained a legal deficiency, such 2013. programs. as a new exemption for excess emissions during 14 The EPA’s September 13, 2013, guidance did SSM events, then the EPA would need to evaluate not make recommendations with respect to With respect to certain other issues, that provision for compliance against the rubric of infrastructure SIP submissions to address section the EPA does not believe that an action applicable CAA requirements in the context of the 110(a)(2)(D)(i)(I). on a state’s infrastructure SIP action on the infrastructure SIP.

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the purposes of ‘‘implementation, SIP submission is not the appropriate approved into the SIP, codified in 40 maintenance, and enforcement’’ of a time and place to address all potential CFR part 52, subpart WW. These new or revised NAAQS when the EPA existing SIP deficiencies does not regulations include minor stationary evaluates adequacy of the infrastructure preclude the EPA’s subsequent reliance source permitting, visible emissions SIP submission. The EPA believes that on provisions in section 110(a)(2) as requirements, and other basic program a better approach is for states and the part of the basis for action to correct elements that apply to all NAAQS EPA to focus attention on those those deficiencies at a later time. For reviewed as part of the 1997 ozone elements of section 110(a)(2) of the CAA example, although it may not be NAAQS infrastructure certification. most likely to warrant a specific SIP appropriate to require a state to Other cited regulations were developed revision due to the promulgation of a eliminate all existing inappropriate as part of previous nonattainment area new or revised NAAQS or other factors. director’s discretion provisions in the strategies such as open burning For example, the EPA’s 2013 course of acting on an infrastructure SIP restrictions originally promulgated to Guidance gives simpler submission, the EPA believes that address coarse particulate matter (PM10) recommendations with respect to section 110(a)(2)(A) may be among the nonattainment, but provide important carbon monoxide than other NAAQS statutory bases that EPA relies upon in co-benefits for PM2.5. Most notable for pollutants to meet the visibility the course of addressing such deficiency the control of PM2.5 is the EPA’s recent requirements of section in a subsequent action.18 approval of Chapter 173–433 110(a)(2)(D)(i)(II), because carbon IV. Analysis of the State’s Submittal Washington Administrative Code monoxide does not affect visibility. As (WAC) Solid Fuel Burning Devices, a result, an infrastructure SIP 110(a)(2)(A): Emission Limits and Other codifying the 2012 statutory changes to submission for any future new or Control Measures Washington’s residential wood revised NAAQS for carbon monoxide CAA section 110(a)(2)(A) requires combustion control program (79 FR need only state this fact in order to SIPs to include enforceable emission 26628, May 9, 2014). Also notable is the address the visibility prong of section limits and other control measures, EPA’s recent approval of Chapter 173– 110(a)(2)(D)(i)(II). means or techniques (including 476 WAC Ambient Air Quality Finally, the EPA believes that its economic incentives such as fees, Standards, mirroring the Federal PM2.5 approach with respect to infrastructure marketable permits, and auctions of NAAQS (79 FR 12077, March 4, 2014). SIP requirements is based on a emissions rights), as well as schedules These state-wide ambient air quality reasonable reading of sections 110(a)(1) and timetables for compliance, as may standards ensure that the general minor and 110(a)(2) because the CAA provides be necessary or appropriate to meet the stationary source permitting programs other avenues and mechanisms to applicable requirements of the CAA. codified in 40 CFR part 52, subpart WW, address specific substantive deficiencies State submittal: The Washington cover the applicable PM2.5 NAAQS. in existing SIPs. These other statutory submittal cites an overview of the air EPA analysis: Washington’s PM2.5 tools allow the EPA to take quality laws including portions of problems are heavily dominated by appropriately tailored action, depending Chapter 70.94 Revised Code of residential wood combustion during upon the nature and severity of the Washington (RCW) Washington Clean winter inversion episodes that can last alleged SIP deficiency. Section 110(k)(5) Air Act and Chapter 43.21A RCW up to several days. As a result, authorizes the EPA to issue a ‘‘SIP call’’ Department of Ecology. These Washington experiences spikes in the whenever the EPA determines that a underlying statutory authorities remain 24-hour PM2.5 standard during these state’s SIP is substantially inadequate to substantially unchanged since the EPA’s short-term meteorological conditions, attain or maintain the NAAQS, to last comprehensive review for the 1997 but otherwise has generally low levels mitigate interstate transport, or to ozone NAAQS infrastructure of PM2.5 for the rest of the year. For otherwise comply with the CAA.16 certification (77 FR 30902, May 24, example, in the Tacoma-Pierce County Section 110(k)(6) authorizes the EPA to 2012). The only statutory changes that PM2.5 nonattainment area, emissions are correct errors in past actions, such as occurred since the EPA’s last review 74% wood smoke, 9% on road motor past approvals of SIP submissions.17 were in 2012, when the Washington vehicles, 5% non-road vehicles and Significantly, the EPA’s determination State Legislature revised Chapter 70.94 engines, and 2% large industry on days that an action on a state’s infrastructure RCW to address the Tacoma-Pierce when PM2.5 NAAQS violations are most County PM2.5 nonattainment area and likely (78 FR 32131, May 29, 2013). 16 For example, the EPA issued a SIP call to Utah other areas at risk for PM2.5 Other communities historically at risk of to address specific existing SIP deficiencies related to the treatment of excess emissions during SSM nonattainment statewide. These elevated PM2.5 levels such as events. See ‘‘Finding of Substantial Inadequacy of statutory changes allowed state and Darrington, Marysville, and Yakima, Implementation Plan; Call for Utah State local agencies to take a more also experience heavy influence from Implementation Plan Revisions,’’ 74 FR 21639 precautionary approach in protecting residential wood combustion. For this (April 18, 2011). and maintaining the PM NAAQS with 17 The EPA has used this authority to correct 2.5 reason, the state-wide revisions to errors in past actions on SIP submissions related to respect to residential wood burning Chapter 173–433 WAC are a major step PSD programs. See ‘‘Limitation of Approval of devices and impaired air quality burn forward in controlling PM2.5 in Prevention of Significant Deterioration Provisions bans. Washington State. Monitors historically Concerning Greenhouse Gas Emitting-Sources in Washington also included an State Implementation Plans; Final Rule,’’ 75 FR violating or close to violating the PM2.5 82536 (December 30, 2010). The EPA has overview of state and local regulations NAAQS in all four communities are previously used its authority under CAA section now attaining the standards based on 110(k)(6) to remove numerous other SIP provisions 18 See, e.g., the EPA’s disapproval of a SIP 2011–2013 data.19 Therefore, we are that the Agency determined it had approved in submission from Colorado on the grounds that it error. See, e.g., 61 FR 38664 (July 25, 1996) and 62 would have included a director’s discretion proposing to approve the Washington FR 34641 (June 27, 1997) (corrections to American provision inconsistent with CAA requirements, Samoa, Arizona, California, Hawaii, and Nevada including section 110(a)(2)(A). See, e.g., 75 FR 19 Darrington 24-hour design value (DV) = 27 m/ SIPs); 69 FR 67062 (November 16, 2004) 42342 at 42344 (July 21, 2010) (proposed m3, annual DV = 6.8 m/m3; Marysville 24-hour DV (corrections to California SIP); and 74 FR 57051 disapproval of director’s discretion provisions); 76 = 26 m/m3, annual DV = 7.7 m/m3; Tacoma 24-hour (November 3, 2009) (corrections to Arizona and FR 4540 (Jan. 26, 2011) (final disapproval of such DV = 32 m/m3, annual DV = 7.8 m/m3; and Yakima Nevada SIPs). provisions). 24-hour DV = 33 m/m3, annual DV = 9.1 m/m.3

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SIP as meeting the requirements of CAA regulatory provisions contained in the the ‘‘CAA Sections 110(a)(1) and (2) section 110(a)(2)(A) for the PM2.5 SIP under WAC 173–400–230 Infrastructure Elements’’ discussion, we NAAQS. Regulatory Actions and WAC 173–400– are not evaluating nonattainment related 240 Criminal Penalties, as well as the provisions in this action, such as the 110(a)(2)(B): Ambient Air Quality enforcement-related statutory provisions nonattainment NSR program required Monitoring/Data System of Chapter 70.94 RCW, Washington by part D, title I of the CAA. With regard CAA section 110(a)(2)(B) requires Clean Air Act. All of these enforcement to the minor NSR requirement of this SIPs to include provisions to provide for provisions remain unchanged since the element, we have determined that the establishment and operation of ambient EPA’s last review and approval of the Washington minor NSR program air quality monitors, collecting and 1997 ozone infrastructure submittal. adopted pursuant to section 110(a)(2)(C) analyzing ambient air quality data, and Washington also cites the EPA-approved of the CAA, and codified in 40 CFR part making these data available to the EPA minor source permitting program 52, subpart WW is adequate to regulate upon request. contained in the SIP under WAC 173– emissions of PM2.5. Lastly, as previously State submittal: Washington derives 400–110 New Source Review and WAC discussed, the PSD permitting program its general statutory authority to 173–400–113 Requirements for New in Washington is operated under an establish and operate ambient air Sources in Attainment or Unclassifiable EPA FIP. As noted in the EPA’s quality monitors from RCW 70.94.331(5) Areas. Specifically, WAC 173–400– infrastructure guidance, when an area is Powers and Duties of Department which 113(3) ensures that, ‘‘[a]llowable already subject to a FIP for PSD states, ‘‘[t]he department is directed to emissions from the proposed new permitting (whether or not a state, local, conduct or cause to be conducted a source or modification will not delay or tribal air agency has been delegated continuous surveillance program to the attainment date for an area not in Federal authority to implement the PSD monitor the quality of the ambient attainment nor cause or contribute to a FIP), the air agency may choose to atmosphere as to concentrations and violation of any ambient air quality continue to rely on the PSD FIP to have movements of air contaminants and standard.’’ 20 Washington also notes that permits issued pursuant to the FIP. If so, conduct or cause to be conducted a any major PSD sources in attainment or the EPA could not fully approve the program to determine the quantity of unclassifiable areas would be addressed infrastructure SIP submission; however, emissions to the atmosphere.’’ under the existing EPA FIP codified in the EPA anticipates that there would be Regulatory authority is contained in the 40 CFR 52.2497. no adverse consequences to the air EPA-approved SIP provisions of WAC EPA analysis: With regard to the agency or to sources from this partial 173–400–105 Records, Monitoring and requirement to have a program disapproval of the infrastructure SIP. Reporting. providing for enforcement of all SIP Therefore, the EPA is proposing to EPA analysis: Washington submitted measures, we are proposing to find that partially disapprove Washington’s SIP a comprehensive air quality monitoring the Washington provisions provide the for those requirements of CAA section plan to meet the requirements of 40 CFR state with authority to enforce the air 110(a)(2)(C) related to PSD.21 part 58, which the EPA approved on quality regulations, permits, and orders April 15, 1981. This air quality promulgated pursuant to the SIP. 110(a)(2)(D)(i): Interstate Transport monitoring plan has been updated Washington may issue emergency CAA section 110(a)(2)(D)(i) requires annually, with the most recent submittal orders to reduce or discontinue state SIPs to include provisions dated May 2013. The EPA approved the emission of air contaminants where air prohibiting any source or other type of plan on March 10, 2014. The letter emissions cause or contribute to emissions activity in one state from approving the plan is included in the imminent and substantial endangerment contributing significantly to docket for this action. Most notable is under the EPA-approved provisions of nonattainment, or interfering with the establishment of a near roadway WAC 173–435 Emergency Episode Plan. maintenance of the NAAQS in another monitoring site in the Seattle-Tacoma- Enforcement cases may be referred to state (CAA section 110(a)(2)(D)(i)(I)). Bellevue Metropolitan Statistical Area, the State Attorney General’s Office for Further, this section requires state SIPs in accordance with the EPA’s most civil or criminal enforcement. to include provisions prohibiting any recent ambient monitoring requirements Therefore, we are proposing to approve source or other type of emissions for PM2.5 (78 FR 3086, January 15, 2013). the Washington SIP as meeting the activity in one state from interfering Washington provides air quality requirements of CAA section with measures required to prevent monitoring data summaries and a map 110(a)(2)(C) related to enforcement for significant deterioration of air quality, of the state air monitoring network at: the PM2.5 NAAQS. or from interfering with measures https://fortress.wa.gov/ecy/enviwa/ To generally meet the requirements of required to protect visibility (i.e. Default.htm. Therefore, we are CAA section 110(a)(2)(C) with regard to measures to address regional haze) in proposing to approve the Washington the regulation of construction of new or any state (CAA section SIP as meeting the requirements of CAA modified stationary sources, a state is 110(a)(2)(D)(i)(II)). section 110(a)(2)(B) for the PM2.5 required to have PSD, nonattainment State submittal: Washington indicated NAAQS. NSR, and minor NSR permitting in the submittal that the State intends to programs adequate to implement the fulfill any remaining requirements 110(a)(2)(C): Program for Enforcement PM2.5 NAAQS. As explained above, in related to CAA section 110(a)(2)(D)(i)(I) of Control Measures in a separate submittal. With respect to CAA section 110(a)(2)(C) requires 20 On October 3, 2014, following the State’s the CAA section 110(a)(2)(D)(i)(II) states to include a program providing infrastructure submission, the EPA approved updates to portions of WAC 173–400, including requirements, Washington’s certification for enforcement of all SIP measures and regulations related to minor new source review (79 the regulation of construction of new or FR 59653). The EPA’s final approval of the updates 21 On January 27, 2014, Washington submitted modified stationary sources, including a to WAC 173–400 is not effective until November 3, PSD regulations for approval into the SIP. The EPA program to meet PSD and 2014. In the interim, the EPA notes that both the has not finalized our review of that submittal. The version of WAC 173–400 currently approved in the EPA’s proposed disapproval of the PSD elements in nonattainment NSR requirements. SIP (effective June 2, 1995) and the recent updates this action to rely on the existing PSD FIP is not State submittal: The Washington (effective November 3, 2014) provide broad, general a reflection on Ecology’s January 27, 2014, submittal refers to EPA-approved authority to maintain and protect the NAAQS. submittal.

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notes that a FIP is in place to address subject to full or partial FIPs for regional authority for the director to employ the PSD components. With respect to haze requirements to consider adopting personnel necessary for administration visibility, Washington submitted a additional SIP provisions that would of this chapter. Chapters 43.21A and regional haze plan in 2010, which the allow the EPA to fully approve the 70.94 RCW provide the rule-making EPA partially approved, partially regional haze SIP and thus to withdraw authority for Ecology. Ecology’s Air disapproved, and supplemented with a the FIP and approve the infrastructure Quality Program is funded through the FIP (79 FR 33438, June 11, 2014). SIP with respect to prong 4.’’ Because a following funding sources: The state EPA analysis: As noted above, this partial FIP is currently in place to general fund, section 105 of the CAA action does not address the address regional haze impacts from grant program, Air Operating Permit requirements of CAA section direct PM2.5 and PM2.5 precursors, the Account (permit fees from large 110(a)(2)(D)(i)(I). On January 13, 2009, EPA is proposing to disapprove the industrial sources), and Air Pollution the EPA determined that Washington Washington SIP with respect to the CAA Control Account (permit fees for met the CAA section 110(a)(2)(D)(i)(I) section 110(a)(2)(D)(i)(II) visibility sub- burning and annual fees for small requirements for the 1997 PM2.5 NAAQS element for the PM2.5 NAAQS. industrial air pollution sources). (74 FR 1501). Washington did not 110(a)(2)(D)(ii) Interstate and The EPA-approved provisions of the address CAA section 110(a)(2)(D)(i)(I) International transport provisions: CAA Washington SIP under WACs 173–400– for the 2006 and 2012 PM2.5 NAAQS in section 110(a)(2)(D)(ii) requires SIPs to 220 Requirements for Board Members the September 22, 2014 submittal. We include provisions ensuring compliance and 173–400–260 Conflict of Interest intend to address the requirements of with the applicable requirements of provide that no state board or body CAA section 110(a)(2)(D)(i)(I) for the CAA sections 126 and 115 (relating to which approves operating permits or 2006 and 2012 PM2.5 NAAQS in a interstate and international pollution enforcement orders, either in the first separate action. abatement). Specifically, CAA section instance or upon appeal, shall be The EPA believes that the CAA 126(a) requires new or modified major constituted of less than a majority of section 110(a)(2)(D)(i)(II) PSD sub- sources to notify neighboring states of members who represent the public element is satisfied when new major potential impacts from the source. interest and who do not derive a sources and major modifications in State submittal: Washington’s significant portion of their income from Washington are subject to a SIP- submittal notes that the state has no persons subject to operating permits. approved PSD program that pending obligations under section 115 State law also provides that any satisfactorily implements the PM2.5 or 126(b) of the CAA. CAA section potential conflicts of interest by NAAQS. As previously noted, a FIP is 126(a) obligations are met through the members of such board or body or the in place for the PSD program in current PSD FIP. head of any executive agency with Washington. Therefore, the EPA is EPA analysis: The EPA agrees that similar powers be adequately disclosed. proposing to disapprove the Washington Washington has no pending interstate or See RCW 34.05.425 Administrative SIP with respect to the CAA section international pollution obligations Procedure Act; RCW 42.17 Public 110(a)(2)(D)(i)(II) PSD sub-element. under CAA sections 115 and 126(b). Disclosure Act; RCW 70.94.100 The EPA believes that one way the Because Washington does not have SIP- Composition of Local Air Authorities’ CAA section 110(a)(2)(D)(i)(II) visibility approved provisions addressing the Board; Conflict of Interest sub-element (prong 4) can be satisfied requirements and instead relies on the Requirements. for any relevant NAAQS is through an PSD FIP to satisfy its CAA section Ecology works with other air agency’s confirmation in its 126(a) obligations, the EPA is proposing organizations and agencies and may infrastructure SIP submission that it has to partially disapprove the SIP for this enter into agreements allowing for an approved regional haze SIP that fully element. However, as previously noted, implementation of the air pollution meets the requirements of 40 CFR the EPA anticipates that there would be controls by another agency. However, 51.308 or 51.309. As noted in the EPA’s no adverse consequences to Washington RCW 70.94.370 states that no provision 2013 infrastructure guidance, ‘‘[i]f the or to sources resulting from this of this chapter or any recommendation EPA determines the SIP to be proposed partial disapproval of the of the state board or of any local or incomplete or partially disapproves an infrastructure SIP. regional air pollution program is a infrastructure SIP submission for prong limitation on the power of a state agency 4, a FIP obligation will be created. If a 110(a)(2)(E): Adequate Resources in the enforcement, or administration of FIP or FIPs are already in effect that CAA section 110(a)(2)(E) requires any provision of law which it is correct all regional haze SIP states to provide (i) necessary specifically permitted or required to deficiencies, there will be no additional assurances that the state will have enforce or administer. practical consequences from the partial adequate personnel, funding, and EPA analysis: Regarding adequate disapproval for the affected air agency, authority under state law to carry out personnel, funding and authority, the the sources within its jurisdiction, or the SIP (and is not prohibited by any EPA believes the Washington SIP meets the EPA. The EPA will not be required provision of Federal or state law from the requirements of this element. to take further action with respect to carrying out the SIP or portion thereof), Washington receives CAA sections 103 prong 4 because the FIP already in place (ii) requires that the state comply with and 105 grant funds from the EPA and would satisfy the requirements with the requirements respecting state boards provides state matching funds necessary respect to prong 4. In addition, unless under CAA section 128 and (iii) to carry out SIP requirements. Regarding the infrastructure SIP submission is necessary assurances that, where the the state board requirements under CAA required in response to a SIP call under state has relied on a local or regional section 128, the EPA approved WAC CAA section 110(k)(5), mandatory government, agency, or instrumentality 173–400–220 Requirements for Board sanctions under CAA section 179 would for the implementation of any SIP Members and WAC 173–400–260 not apply because the deficiencies are provision, the state has responsibility Conflict of Interest as meeting the not with respect to a submission that is for ensuring adequate implementation section 128 requirements on June 2, required under CAA title I part D. of such SIP provision. 1995 (60 FR 28726). On May 24, 2012, Nevertheless, the EPA continues to State submittal: Chapter 43.21A RCW the EPA approved the Washington SIP encourage all air agencies that may be Department of Ecology provides as meeting the requirements of sub-

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element 110(a)(2)(E)(ii) (77 FR 30902). precursors—nitrogen oxides, sulfur all persons responsible for the carrying Finally, regarding state responsibility dioxide, ammonia, lead, carbon out of SERPs within the affected area.’’ and oversight of local and regional monoxide, particulate matter, and Accordingly, we are proposing to entities, RCW 70.94.370 provides volatile organic compounds. The EPA approve the Washington SIP as meeting Ecology with adequate authority to carry compiles the emissions data, the requirements of CAA section out oversight of SIP obligations. supplementing it where necessary, and 110(a)(2)(G) for the PM2.5 NAAQS. Therefore, the EPA is proposing to releases it to the general public through 110(a)(2)(H): Future SIP Revisions approve the Washington SIP as meeting the Web site http://www.epa.gov/ttn/ the requirements of CAA section chief/eiinformation.html. CAA section 110(a)(2)(H) requires that 110(a)(2)(E) for the PM2.5 NAAQS. Based on the analysis above, we are SIPs provide for revision of such plan (i) proposing to approve the Washington from time to time as may be necessary 110(a)(2)(F): Stationary Source SIP as meeting the requirements of CAA to take account of revisions of such Monitoring System section 110(a)(2)(F) for the PM2.5 national primary or secondary ambient CAA section 110(a)(2)(F) requires (i) NAAQS. air quality standard or the availability of the installation, maintenance, and improved or more expeditious methods replacement of equipment, and the 110(a)(2)(G): Emergency Episodes of attaining such standard, and (ii), implementation of other necessary CAA section 110(a)(2)(G) requires except as provided in paragraph steps, by owners or operators of states to provide for authority to address 110(a)(3)(C), whenever the stationary sources to monitor emissions activities causing imminent and Administrator finds on the basis of from such sources, (ii) periodic reports substantial endangerment to public information available to the on the nature and amounts of emissions health, including adequate contingency Administrator that the SIP is and emissions-related data from such plans to implement the emergency substantially inadequate to attain the sources, and (iii) correlation of such episode provisions in their SIPs. NAAQS which it implements, or to reports by the state agency with any State submittal: Ecology cites the otherwise comply with any additional emission limitations or standards EPA-approved Washington SIP requirements under the CAA. established pursuant to the CAA, which provisions of WAC 173–435 Emergency State submittal: Washington’s shall be available at reasonable times for Episode Plan, which are consistent with submittal refers to RCW 70.94, which public inspection. the EPA’s regulations contained in 40 gives Ecology the authority to State submittal: The EPA-approved CFR part 51, subpart H (51.150–51.153). promulgate rules and regulations to version of WAC 173–400–105 Records, In the case of an imminent danger to maintain and protect Washington’s air Monitoring, and Reporting currently in public health and safety, for example quality and to comply with Federal the Washington SIP provides the wildfires, Washington State can use the requirements, including revisions of authority to monitor stationary source above mentioned regulatory authorities, NAAQS, SIPs, and responding to EPA emissions for compliance purposes and and the statutory authorities of RCW findings. make the information available to the 70.94.710 through 70.94.730, to declare EPA analysis: RCW 70.94.510 public. The language of WAC 173–400– an air pollution emergency for PM2.5, specifically requires Ecology to 105(1) provides general authority to working closely with other agencies to cooperate with the Federal government require emission reporting. Meanwhile, alert the public and take necessary steps in order to ensure the coordination of WAC 173–400–105(2) allows Ecology to to mitigate risk. the provisions of the Federal Clean Air require stack testing and/or ambient air EPA analysis: Section 303 of the CAA Act and the Washington Clean Air Act. monitoring, even if not required in a provides authority to the EPA In practice, Ecology regularly submits permit or other enforceable requirement Administrator to restrain any source revisions to the EPA to revise the SIP. as part of a continuous surveillance from causing or contributing to The EPA recently approved revisions to program to protect air quality. emissions which present an ‘‘imminent the Washington SIP on October 3, 2013 EPA analysis: The EPA-approved and substantial endangerment to public (78 FR 61188, Thurston County Second regulatory provisions cited by health or welfare, or the environment.’’ 10-Year PM10 Limited Maintenance Washington establish compliance We find that the EPA-approved Plan), September 17, 2013 (78 FR 57073, requirements to monitor emissions, Washington SIP at WAC 173–435–050 Puget Sound Clean Air Agency keep and report records, and collect Action Procedures provides Washington Regulatory Updates), and May 29, 2013 ambient air monitoring data in with comparable authority. Specifically, (78 FR 32131, Tacoma-Pierce County accordance with CAA section WAC 173–435–050(6) states, Nonattainment Area), as well as the 110(a)(2)(F). Additionally, Washington ‘‘[r]egardless of whether any episode PM2.5 related rule revisions cited in the is required to submit emissions data to stages have previously been declared, discussion of CAA section 110(a)(2)(A) the EPA for purposes of the National whenever the governor finds that (79 FR 12077, March 4, 2014). Emissions Inventory (NEI). The NEI is emissions are causing imminent danger Accordingly, we are proposing to the EPA’s central repository for air to public health or safety, the governor approve the Washington SIP as meeting emissions data. The EPA published the may declare an air pollution emergency the requirements of CAA section Air Emissions Reporting Rule (AERR) and order the persons responsible for 110(a)(2)(H) for the PM2.5 NAAQS. on December 5, 2008, which modified the operation of sources causing the the requirements for collecting and danger, to reduce or discontinue 110(a)(2)(I): Nonattainment Area Plan reporting air emissions data (73 FR emissions consistent with good Revision Under Part D 76539). All states are required to submit operating practice, safe operating There are two elements identified in a comprehensive emissions inventory procedures, and SERPs [source emission CAA section 110(a)(2) not governed by every three years and report emissions reduction plans], if any.’’ Further, WAC the three-year submission deadline of for certain larger sources annually 173–435–050(5) requires, ‘‘[t]he CAA section 110(a)(1) because SIPs through the EPA’s online Emissions broadest publicity practicable shall be incorporating necessary local Inventory System. States report given to the declaration of any episode nonattainment area controls are not due emissions data for the six criteria stage. Such declaration shall, as soon as within three years after promulgation of pollutants and their associated possible, be directly communicated to a new or revised NAAQS, but are rather

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due at the time of the nonattainment planning processes including the 110(a)(2)(K): Air Quality and Modeling/ area plan requirements pursuant to Western Regional Air Partnership, Data section 172 and the various pollutant which is a voluntary partnership of CAA section 110(a)(2)(K) requires that specific subparts 2–5 of part D. These states, tribes, Federal land managers, SIPs provide for (i) the performance of elements are: (i) Submissions required local air agencies and the EPA, whose such air quality modeling as the by CAA section 110(a)(2)(C) to the purpose is to understand current and Administrator may prescribe for the extent that subsection refers to a permit evolving regional air quality issues in purpose of predicting the effect on program as required in part D, title I of the West. Therefore the EPA is ambient air quality of any emissions of proposing to approve the Washington the CAA, and (ii) submissions required any air pollutant for which the by section 110(a)(2)(I) which pertain to SIP as meeting the requirements of CAA Administrator has established a national the nonattainment planning Section 110(a)(2)(J) for consultation ambient air quality standard, and (ii) the requirements of part D, title I of the with government officials. submission, upon request, of data CAA. As a result, this action does not Section 110(a)(2)(J) also requires the related to such air quality modeling to address infrastructure elements related public be notified if NAAQS are the Administrator. to CAA section 110(a)(2)(C) with respect exceeded in an area and to enhance State submittal: The Washington to nonattainment NSR or CAA section public awareness of measures that can submittal states that air quality 110(a)(2)(I). be taken to prevent exceedances. Washington actively participates and modeling is conducted during 110(a)(2)(J): Consultation With submits information to the EPA’s development of revisions to the SIP, as Government Officials AIRNOW program which provides appropriate to demonstrate attainment CAA section 110(a)(2)(J) requires information to the public on the air with required air quality standards. states to provide a process for quality in their locale. In addition, Modeling is also addressed in the consultation with local governments Washington provides the state’s annual permitting process (see discussion at and Federal land managers carrying out network monitoring plan, annual air CAA section 110(a)(2)(C)). Estimates of NAAQS implementation requirements quality monitoring data summaries, ambient concentrations are based on air pursuant to section 121. CAA section specific warnings and advice to those quality models, data bases and other 110(a)(2)(J) further requires states to persons who may be most susceptible, requirements specified in 40 CFR part notify the public if NAAQS are and a map of the state air monitoring 51, Appendix W (Guidelines on Air exceeded in an area and to enhance network to the public on their Web site Quality Models) and are routinely used public awareness of measures that can (http://www.ecy.wa.gov/programs/air/ by Washington. Exceptions to using be taken to prevent exceedances. Lastly, airhome.html). Therefore, we are Appendix W are handled under the CAA section 110(a)(2)(J) requires states proposing to find that the Washington provisions of 40 CFR 51.166 (Prevention to meet applicable requirements of part SIP meets the requirements of CAA of significant deterioration of air C, title I of the CAA related to section 110(a)(2)(J) for public quality) which requires written approval prevention of significant deterioration notification for the PM2.5 NAAQS. from the EPA and an opportunity for and visibility protection. Turning to the requirement in CAA public comment. State submittal: Ecology’s submittal section 110(a)(2)(J) that the SIP meet the EPA analysis: As noted in Ecology’s cites the following regulatory provisions applicable requirements of part C of title submittal, Washington models estimates contained in the Washington SIP to I of the CAA, we have evaluated this of ambient concentrations based on 40 meet CAA section 110(a)(2)(J) requirement in the context of CAA CFR part 51, Appendix W (Guidelines obligations: WAC 173–435–050 Action section 110(a)(2)(C) with respect to PSD on Air Quality Models) for both Procedures, WAC 173–400–151 Retrofit permitting. As discussed previously, permitting and SIP development. Any Requirements for Visibility, and WAC PSD in Washington is operated under a change or substitution from models 173–400–171 Public Involvement. FIP. We are proposing to disapprove the specified in 40 CFR part 51, Appendix Washington also cites the following Washington SIP for the requirements of W is subject to notice and opportunity statutory authorities: RCW 34.05 CAA 110(a)(2)(J) with regard to PSD. for public comment. Modeling was used Administrative Procedures Act, RCW Instead the state and the EPA will for development of maintenance plans 42.30 Open Public Meetings, RCW continue to rely on the existing PSD FIP. and redesignation to attainment requests 70.94.141 Consultation, and RCW With regard to the applicable for the former ozone nonattainment 70.94.240 Air Pollution Control requirements for visibility protection, areas of Puget Sound and Vancouver, Advisory Council. In addition to these the EPA recognizes that states are approved by the EPA on September 26, SIP measures, Ecology uses the subject to visibility and regional haze 1996 (61 FR 50438) and May 19, 1997 Washington Air Quality Advisory program requirements under part C of (62 FR 27204), respectively. More (WAQA) tool for informing the public the CAA. In the event of the recently, modeling was used to develop about the levels and health effects of air establishment of a new NAAQS, control measures for the Tacoma-Pierce pollution. The public can access up-to- however, the visibility and regional County fine particulate matter date WAQA information on-line at haze program requirements under part C nonattainment area, although the area https://fortress.wa.gov/ecy/enviwa/ do not change. Thus we find that there came into attainment before a formal Default.htm. is no new applicable requirement SIP submission was required (78 FR EPA analysis: Under the EPA- relating to visibility triggered under 32131, May 29, 2013). Based on the approved provisions of WAC 173–400– CAA section 110(a)(2)(J) when a new foregoing, we are proposing to approve 171 Public Involvement, Ecology NAAQS becomes effective. Washington’s SIP as meeting the routinely coordinates with local Based on the above analysis, we are requirements of CAA Section governments, states, Federal land proposing to approve the Washington 110(a)(2)(K) for the PM2.5 NAAQS. managers and other stakeholders on air SIP as meeting the requirements of CAA 110(a)(2)(L): Permitting Fees quality issues and provides notice to section 110(a)(2)(J) for the PM2.5 appropriate agencies related to NAAQS, except for those elements CAA section 110(a)(2)(L) requires SIPs permitting actions. Washington related to PSD which we are proposing to require each major stationary source regularly participates in regional to partially disapprove. to pay permitting fees sufficient to cover

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the reasonable cost of reviewing, acting pertinent to this infrastructure SIP EPA’s role is to approve state choices, upon, implementing and enforcing a requirement: WAC 173–400–171 Public provided that they meet the criteria of permit. Involvement, RCW 34.05 Administrative the CAA. Accordingly, this proposed State submittal: Washington derives Procedure Act, RCW 42.30 Open Public action merely approves the state’s law its authority to collect fees for New Meetings Act, and RCW 70.94.240 Air as meeting Federal requirements and Source Review and title V sources from Pollution Control Advisory Council. does not impose additional RCW 70.94.151, RCW 70.94.152, and EPA analysis: As discussed in the requirements beyond those imposed by RCW 70.94.162. The EPA reviewed preamble relating to CAA section the state’s law. For that reason, this Washington’s fee provisions and fully 110(a)(2)(J), Ecology routinely proposed action: approved the title V program on August coordinates with local governments and • Is not a ‘‘significant regulatory 13, 2001 (66 FR 42439), with a revision other stakeholders on air quality issues. action’’ subject to review by the Office approved on January 2, 2003 (67 FR The public involvement regulations of Management and Budget under 71479). In January 2014, Ecology cited in Washington’s submittal were Executive Order 12866 (58 FR 51735, submitted SIP revisions to Chapter 173– previously approved into Washington’s October 4, 1993); 400 WAC that specify that sources Federally-approved SIP on June 2, 1995 • does not impose an information applying for permits are required to pay (60 FR 28726). Therefore, the EPA collection burden under the provisions the fees. For example, WAC 173–400– proposes to find that Washington’s SIP of the Paperwork Reduction Act (44 111(1)(e) that describes requirements for meets the requirements of CAA Section U.S.C. 3501 et seq.); the Notice of Construction permits, 110(a)(2)(M) for PM2.5 NAAQS. • is certified as not having a states that ‘‘[a]n application is not significant economic impact on a VI. Proposed Action complete until any permit application substantial number of small entities fee required by the permitting authority The EPA is proposing to partially under the Regulatory Flexibility Act (5 has been paid.’’ WAC 173–400– approve and partially disapprove the U.S.C. 601 et seq.); 560(4)(c), describing general order of September 22, 2014, submittal from • does not contain any unfunded approval requirements, states that ‘‘[a]n Washington to demonstrate that the SIP mandate or significantly or uniquely application shall be incomplete until a meets the requirements of sections affect small governments, as described permitting authority has received any 110(a)(1) and (2) of the CAA for the in the Unfunded Mandates Reform Act required fees.’’ In addition to the SIP PM2.5 NAAQS promulgated in 1997, of 1995 (Pub. L. 104–4); updates that were submitted by Ecology 2006, and 2012. Specifically, we are • does not have Federalism in January, Ecology is proposing to proposing to find that the current EPA- implications as specified in Executive include the following new language in approved Washington SIP meets the Order 13132 (64 FR 43255, August 10, the SIP found under WAC 173–400– following CAA section 110(a)(2) 1999); 111(3)(i): ‘‘[a]ll fees required under infrastructure elements for the 1997, • is not an economically significant chapter 173–455 WAC (or the applicable 2006 and 2012 PM2.5 NAAQS: (A), (B), regulatory action based on health or new source review fee table of the local (C)—except for those elements covered safety risks subject to Executive Order air pollution control authority) have by the PSD FIP, (D)(i)(II) (prong 4)— 13045 (62 FR 19885, April 23, 1997); been paid.’’ This language asserts except for those elements covered by the • is not a significant regulatory action permitting authorities’ fee requirements. regional haze FIP, (D)(ii)—except for subject to Executive Order 13211 (66 FR By including this new language in the those elements covered by the PSD FIP, 28355, May 22, 2001); SIP, Ecology does not propose to (E), (F), (G), (H), (J)—except for those • is not subject to the requirements of incorporate the referenced chapter 173– elements covered by the PSD FIP, (K), Section 12(d) of the National 455 WAC in the SIP. (L), and (M). We are also proposing Technology Transfer and Advancement EPA analysis: The EPA approved the inclusion of WAC 173–400–111(3)(i) in Act of 1995 (15 U.S.C. 272 note) because Washington title V permitting program the SIP with respect to the CAA section this action does not involve technical on August 13, 2001, with an effective 110(a)(2)(L) requirements. As previously standards; and date of September 12, 2001 (66 FR noted, the EPA anticipates that there • does not provide the EPA with the 42439). With respect to New Source would be no adverse consequences to discretionary authority to address, as Review, the EPA finalized approval of Washington or to sources in the State appropriate, disproportionate human Ecology’s update to WAC 173–400–111 resulting from this proposed partial health or environmental effects, using in the SIP on October 3, 2014 (79 FR disapproval of the infrastructure SIP practicable and legally permissible 59653). In this action, the EPA is with respect to the PSD and regional methods, under Executive Order 12898 proposing to approve WAC 173–400– haze FIPs. The EPA, likewise, (59 FR 7629, February 16, 1994). 111(3)(i) submitted by Ecology on anticipates no additional FIP The SIP is not approved to apply on September 22, 2014. With the proposed responsibilities for PSD and regional any Indian reservation land in inclusion of WAC 173–400–111(3)(i) in haze as a result of this proposed partial Washington except as specifically noted the SIP, the EPA is proposing to disapproval. Interstate transport below and is also not approved to apply conclude that Washington will satisfy requirements with respect to CAA in any other area where the EPA or an its obligations under CAA section section 110(a)(2)(D)(i)(I) for the 2006 Indian tribe has demonstrated that a 110(a)(2)(L) for the PM2.5 NAAQS. and 2012 PM2.5 NAAQS will be tribe has jurisdiction. In those areas of addressed in a separate action. Indian country, the rule does not have 110(a)(2)(M): Consultation/Participation tribal implications as specified by by Affected Local Entities VII. Statutory and Executive Order Executive Order 13175 (65 FR 67249, CAA section 110(a)(2)(M) requires Reviews November 9, 2000), nor will it impose states to provide for consultation and Under the CAA, the Administrator is substantial direct costs on tribal participation in SIP development by required to approve a SIP submission governments or preempt tribal law. local political subdivisions affected by that complies with the provisions of the Washington’s SIP is approved to apply the SIP. CAA and applicable Federal regulations. on non-trust land within the exterior State submittal: Washington cites the 42 U.S.C. 7410(k); 40 CFR 52.02(a). boundaries of the Puyallup Indian following regulations and statutes as Thus, in reviewing SIP submissions, the Reservation, also known as the 1873

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Survey Area. Under the Puyallup Tribe the Clean Air Act that shows there are or section of this rule and if that of Indians Settlement Act of 1989, 25 no emissions impacts associated with provision may be severed from the U.S.C. 1773, Congress explicitly the removal of the program. remainder of the rule, EPA may adopt provided state and local agencies in DATES: Comments must be received on as final those provisions of the rule that Washington authority over activities on or before November 17, 2014. are not the subject of an adverse non-trust lands within the 1873 Survey ADDRESSES: Submit your comments, comment. For additional information, Area. Consistent with EPA policy, the identified by Docket ID No. EPA–R05– see the direct final rule which is located EPA nonetheless provided a OAR–2014–0123, by one of the in the Rules section of this Federal consultation opportunity to the following methods: Register. Puyallup Tribe in a letter dated 1. www.regulations.gov: Follow the Dated: September 24, 2014. September 3, 2013. The EPA did not on-line instructions for submitting Susan Hedman, receive a request for consultation. comments. Regional Administrator, Region 5. List of Subjects in 40 CFR Part 52 2. Email: [email protected]. 3. Fax: (312) 692–2450. [FR Doc. 2014–24464 Filed 10–16–14; 8:45 am] Environmental protection, Air 4. Mail: Pamela Blakley, Chief, BILLING CODE 6560–50–P pollution control, Incorporation by Control Strategies Section, Air Programs reference, Intergovernmental relations, Branch (AR–18J), U.S. Environmental Particulate matter, and Reporting and Protection Agency, 77 West Jackson ENVIRONMENTAL PROTECTION recordkeeping requirements. Boulevard, Chicago, Illinois 60604. AGENCY 5. Hand Delivery: Pamela Blakley, Authority: 42 U.S.C. 7401 et seq. 40 CFR Part 52 Chief, Control Strategies Section, Air Dated: October 8, 2014. Programs Branch (AR–18J), U.S. [EPA–R09–OAR–2014–0529; FRL–9915–52– Dennis J. McLerran, Environmental Protection Agency, 77 Region 9] Regional Administrator, Region 10. West Jackson Boulevard, Chicago, Revisions to the California State [FR Doc. 2014–24723 Filed 10–16–14; 8:45 am] Illinois 60604. Such deliveries are only Implementation Plan, California Air BILLING CODE 6560–50–P accepted during the Regional Office normal hours of operation, and special Resources Board—Consumer arrangements should be made for Products ENVIRONMENTAL PROTECTION deliveries of boxed information. The AGENCY: Environmental Protection AGENCY Regional Office official hours of Agency (EPA). business are Monday through Friday, ACTION: Proposed rule. 40 CFR Part 52 8:30 a.m. to 4:30 p.m., excluding [EPA–R05–OAR–2014–0123; FRL–9917–41- Federal holidays. SUMMARY: The Environmental Protection Region 5] Please see the direct final rule which Agency (EPA) is proposing to approve is located in the Rules section of this revisions to the California Air Resources Approval and Promulgation of Air Federal Register for detailed Board Portion of the California State Quality Implementation Plans; Illinois; instructions on how to submit Implementation Plan (SIP). These Amendments to Gasoline Vapor comments. revisions concern volatile organic Recovery Requirements for Illinois FOR FURTHER INFORMATION CONTACT: compound (VOC) emissions from AGENCY: Environmental Protection Francisco J. Acevedo, Mobile Source consumer products. We are proposing to Agency (EPA). Program Manager, Control Strategies approve a local rule that regulates these emission sources under the Clean Air ACTION: Proposed rule. Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Act (CAA or the Act). SUMMARY: The Environmental Protection Region 5, 77 West Jackson Boulevard, DATE: Any comments on this proposal Agency (EPA) is approving a state Chicago, Illinois 60604, (312) 886–6061, must arrive by November 17, 2014. implementation plan (SIP) revision [email protected]. ADDRESSES: Submit comments, submitted by the Illinois Environmental SUPPLEMENTARY INFORMATION: In the identified by docket number EPA–R09– Protection Agency on January 17, 2014, Final Rules section of this Federal OAR–2014–0529, by one of the concerning the state’s gasoline vapor Register, EPA is approving the state’s following methods: recovery requirements. The SIP revision SIP submittal as a direct final rule 1. Federal eRulemaking Portal: phases out the Stage II vapor recovery without prior proposal because the www.regulations.gov. Follow the on-line program requirements in the Illinois Agency views this as a noncontroversial instructions. portion of the Chicago ozone submittal and anticipates no adverse 2. Email: [email protected]. nonattainment area as a component of comments. A detailed rationale for the 3. Mail or deliver: Andrew Steckel the Illinois ozone SIP. The SIP revision approval is set forth in the direct final (Air-4), U.S. Environmental Protection also includes amendments to the state’s rule. If no adverse comments are Agency Region IX, 75 Hawthorne Street, permitting regulations applicable to received in response to this rule, no San Francisco, CA 94105–3901. storage tanks and fuel dispensing, further activity is contemplated. If EPA Instructions: All comments will be including repealing the Stage I vapor receives adverse comments, the direct included in the public docket without recovery registration provisions due to final rule will be withdrawn and all change and may be made available overlapping Federal notification public comments received will be online at www.regulations.gov, requirements and state tracking systems addressed in a subsequent final rule including any personal information for gasoline dispensing operations. based on this proposed rule. EPA will provided, unless the comment includes Finally, the SIP revision includes other not institute a second comment period. Confidential Business Information (CBI) clarifying and clean-up amendments at Any parties interested in commenting or other information whose disclosure is 35 Ill. Adm. Code Parts 201, 218, and on this action should do so at this time. restricted by statute. Information that 219. The submittal also includes a Please note that if EPA receives adverse you consider CBI or otherwise protected demonstration under section 110(l) of comment on an amendment, paragraph, should be clearly identified as such and

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should not be submitted through Electronic files should avoid the use of material, large maps), and some may not www.regulations.gov or email. special characters, any form of be publicly available in either location www.regulations.gov is an ‘‘anonymous encryption, and be free of any defects or (e.g., CBI). To inspect the hard copy access’’ system, and EPA will not know viruses. materials, please schedule an your identity or contact information Docket: Generally, documents in the appointment during normal business unless you provide it in the body of docket for this action are available hours with the contact listed in the FOR your comment. If you send email electronically at www.regulations.gov FURTHER INFORMATION CONTACT section. directly to EPA, your email address will and in hard copy at EPA Region IX, 75 FOR FURTHER INFORMATION CONTACT: be automatically captured and included Hawthorne Street, San Francisco, Stanley Tong, EPA Region IX, (415) as part of the public comment. If EPA California 94105–3901. While all 947–4122, [email protected]. cannot read your comment due to documents in the docket are listed at technical difficulties and cannot contact www.regulations.gov, some information SUPPLEMENTARY INFORMATION: This you for clarification, EPA may not be may be publicly available only at the proposal addresses the following local able to consider your comment. hard copy location (e.g., copyrighted rule:

TABLE 1—SUBMITTED CALIFORNIA AIR RESOURCES BOARD RULE

Filed with California Submitted to Regulation Amended Secretary of State EPA

Subchapter 8.5—Consumer Products; Article 2—Consumer Products ...... March 15, 2013 ...... April 25, 2013 ...... May 28, 2014.

In the Rules and Regulations section ENVIRONMENTAL PROTECTION specific requirements related to of this Federal Register, we are AGENCY interstate transport which will be approving this local rule in a direct final addressed in a separate submittal. The action without prior proposal because 40 CFR Part 52 EPA is proposing to find that Washington’s SIP is adequate for we believe these SIP revisions are not [EPA–R10–OAR–2014–0745, FRL–9918–08- controversial. If we receive adverse Region 10] purposes of the infrastructure SIP comments, however, we will publish a requirements of the CAA with the timely withdrawal of the direct final Approval and Promulgation of exceptions noted above. The EPA is rule and address the comments in Implementation Plans; Washington: proposing to find that the SIP deficiencies related to PSD permitting subsequent action based on this Infrastructure Requirements for the and regional haze, however, have been proposed rule. Please note that if we 2008 Ozone and 2010 Nitrogen Dioxide adequately addressed by the existing receive adverse comment on an National Ambient Air Quality Standards EPA FIPs and, therefore, no further amendment, paragraph, or section of action is required by Washington or the this rule and if that provision may be AGENCY: Environmental Protection EPA for those elements. The EPA will severed from the remainder of the rule, Agency. address the remaining interstate we may adopt as final those provisions ACTION: Proposed rule. transport requirements in a separate of the rule that are not the subject of an action. adverse comment. SUMMARY: The Environmental Protection DATES: Comments must be received on We do not plan to open a second Agency (EPA) is proposing to partially or before November 17, 2014. approve and partially disapprove the comment period, so anyone interested ADDRESSES: Submit your comments, State Implementation Plan (SIP) in commenting should do so at this identified by Docket ID No. EPA–R10– submittal from Washington, received time. If we do not receive adverse OAR–2014–0745, by any of the September 22, 2014, demonstrating that comments, no further activity is following methods: the SIP meets the infrastructure planned. For further information, please • Email: R10-Public_Comments@ requirements of the Clean Air Act (CAA) see the direct final action. epa.gov for the National Ambient Air Quality • www.regulations.gov: Follow the Dated: August 5, 2014. Standards (NAAQS) promulgated for on-line instructions for submitting Jared Blumenfeld, ozone on March 12, 2008, and nitrogen comments. Regional Administrator, Region IX. dioxide (NO2) on January 22, 2010. The • Mail: Jeff Hunt, EPA Region 10, [FR Doc. 2014–24491 Filed 10–16–14; 8:45 am] CAA requires that each state, after a new Office of Air, Waste and Toxics (AWT– or revised NAAQS is promulgated, BILLING CODE 6560–50–P 150), 1200 Sixth Avenue, Suite 900, review their SIP to ensure that it meets Seattle WA, 98101 the infrastructure requirements • Hand Delivery: EPA Region 10 necessary to implement the new or Mailroom, 9th floor, 1200 Sixth Avenue, revised NAAQS. Washington certified Suite 900, Seattle WA, 98101. Attention: that the Washington SIP meets the Jeff Hunt, Office of Air, Waste and infrastructure requirements of the CAA Toxics, AWT—107. Such deliveries are for the ozone and NO2 NAAQS, except only accepted during normal hours of for those requirements related to the operation, and special arrangements Prevention of Significant Deterioration should be made for deliveries of boxed (PSD) permitting program currently information. operated under a Federal Instructions: Direct your comments to Implementation Plan (FIP), certain Docket ID No. EPA–R10–OAR–2014– elements of the regional haze program 0745. The EPA’s policy is that all currently operated under a FIP, and comments received will be included in

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the public docket without change and IV. Analysis of the State’s Submittal particulate matter (PM2.5) NAAQS may be made available online at V. Proposed Action promulgated in 1997, 2006, and 2012, www.regulations.gov, including any VI. Statutory and Executive Order Reviews which the EPA will address in a personal information provided, unless I. Background separate action. the comment includes information On July 18, 1997, the EPA II. CAA Sections 110(a)(1) and (2) claimed to be Confidential Business promulgated a new NAAQS for ozone. Information (CBI) or other information Infrastructure Elements The EPA revised the ozone NAAQS to the disclosure of which is restricted by CAA section 110(a)(1) provides the provide an 8-hour averaging period statute. Do not submit information that procedural and timing requirements for which replaced the previous 1-hour you consider to be CBI or otherwise SIP submissions after a new or revised averaging period, and the level of the protected through www.regulations.gov NAAQS is promulgated. CAA section NAAQS was changed from 0.12 parts or email. The www.regulations.gov Web 110(a)(2) lists specific elements that per million (ppm) to 0.08 ppm (62 FR site is an ‘‘anonymous access’’ system, states must meet for infrastructure SIP 38856). Subsequently, on March 12, which means the EPA will not know requirements related to a newly 2008, the EPA revised the levels of the your identity or contact information established or revised NAAQS. The unless you provide it in the body of primary and secondary 8-hour ozone requirements, with their corresponding your comment. If you send an email standards to 0.075 ppm (73 FR 16436). CAA subsection, are listed below: The EPA first set standards for NO in comment directly to the EPA without 2 • 110(a)(2)(A): Emission limits and 1971, setting both a primary standard (to going through www.regulations.gov your other control measures. protect health) and a secondary email address will be automatically • 110(a)(2)(B): Ambient air quality standard (to protect the public welfare) captured and included as part of the monitoring/data system. at 53 parts per billion (53 ppb), averaged comment that is placed in the public • 110(a)(2)(C): Program for annually. The EPA reviewed the docket and made available on the enforcement of control measures. Internet. If you submit an electronic standards in 1985 and 1996, deciding to • 110(a)(2)(D): Interstate transport.2 comment, the EPA recommends that retain the standards at the conclusion of • 110(a)(2)(E): Adequate resources. • you include your name and other each review. In 2005, the EPA began 110(a)(2)(F): Stationary source contact information in the body of your another review, resulting in the January monitoring system. • comment and with any disk or CD–ROM 22, 2010, rulemaking to establish an 110(a)(2)(G): Emergency powers. additional primary NO2 standard at 100 • 110(a)(2)(H): Future SIP revisions. you submit. If the EPA cannot read your • comment due to technical difficulties ppb, averaged over one hour (75 FR 110(a)(2)(I): Areas designated and cannot contact you for clarification, 6474). nonattainment and meet the applicable States must submit SIPs meeting the requirements of part D. the EPA may not be able to consider • your comment. Electronic files should requirements of CAA sections 110(a)(1) 110(a)(2)(J): Consultation with avoid the use of special characters, any and (2) within three years after government officials; public form of encryption, and be free of any promulgation of a new or revised notification; and Prevention of defects or viruses. standard. CAA sections 110(a)(1) and (2) Significant Deterioration (PSD) and require states to address basic SIP visibility protection. Docket: All documents in the docket • are listed in the www.regulations.gov requirements, including emissions 110(a)(2)(K): Air quality modeling/ index. Although listed in the index, inventories, monitoring, and modeling data. to implement, maintain, and enforce the • 110(a)(2)(L): Permitting fees. some information is not publicly • available, e.g., CBI or other information standards, so-called ‘‘infrastructure’’ 110(a)(2)(M): Consultation/ the disclosure of which is restricted by requirements. To help states meet this participation by affected local entities. The EPA’s guidance clarified that two statute. Certain other material, such as statutory requirement, the EPA issued elements identified in CAA section copyrighted material, is not placed on guidance to address infrastructure SIP the Internet and will be publicly elements generally for all NAAQS, 110(a)(2) are not governed by the three year submission deadline of CAA available only in hard copy. Publicly including the 2008 ozone and 2010 NO2 available docket materials are available NAAQS.1 As noted in the guidance section 110(a)(1) because SIPs either electronically in document, to the extent an existing SIP incorporating necessary local www.regulations.gov or in hard copy already meets the CAA section 110(a)(2) nonattainment area controls are not due during normal business hours at the requirements, states may certify that fact within three years after promulgation of Office of Air, Waste and Toxics, EPA via a letter to the EPA. On September a new or revised NAAQS, but rather are Region 10, 1200 Sixth Avenue, Seattle 22, 2014, Washington made a submittal due at the time the nonattainment area WA, 98101. to the EPA certifying that the current plan requirements are due pursuant to CAA section 172 and the various FOR FURTHER INFORMATION CONTACT: Jeff Washington SIP meets the CAA section pollutant specific subparts 2–5 of part Hunt at: (206) 553–0256, hunt.jeff@ 110(a)(1) and (2) infrastructure D. These requirements are: (i) epa.gov, or the above EPA, Region 10 requirements for the 2008 ozone and Submissions required by CAA section address. 2010 NO2 NAAQS, except for certain requirements related to PSD permitting, 110(a)(2)(C) to the extent that subsection SUPPLEMENTARY INFORMATION: regional haze, and interstate transport refers to a permit program as required in Throughout this document wherever described in the ‘‘Analysis of the State’s part D, title I of the CAA, and (ii) ‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, it is Submittal’’ section below. Washington’s intended to refer to the EPA. submittal also included an 2 Washington’s submittal does not address CAA Information is organized as follows: section 110(a)(2)(D)(i)(I). The EPA intends to infrastructure demonstration for the fine address Washington’s obligations under CAA Table of Contents section 110(a)(2)(D)(i)(I) with respect to the 2008 1 Stephen D. Page, Director, Office of Air Quality ozone and 2010 NO2 NAAQS in a separate action. I. Background Planning and Standards. ‘‘Guidance on In contrast, portions of the Washington SIP II. CAA Sections 110(a)(1) and (2) Infrastructure State Implementation Plan (SIP) submittal relating to 110(a)(2)(D)(i)(II) and Infrastructure Elements Elements under Clean Air Act Sections 110(a)(1) 110(a)(2)(D)(ii) were submitted. In this notice, we III. The EPA’s Approach to Review of and 110(a)(2).’’ Memorandum to EPA Air Division are proposing to act on Washington’s submittal for Infrastructure SIP Submittals Directors, Regions 1–10, September 13, 2013. purposes of 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii).

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submissions required by CAA section infrastructure SIP submissions, and promulgated.5 This ambiguity illustrates 110(a)(2)(I) which pertain to the section 110(a)(2) provides more details that rather than apply all the stated nonattainment planning requirements of concerning the required contents of requirements of section 110(a)(2) in a part D, title I of the CAA. As a result, these submissions. The list of required strict literal sense, the EPA must this action does not address elements provided in section 110(a)(2) determine which provisions of section infrastructure elements related to CAA contains a wide variety of disparate 110(a)(2) are applicable for a particular section 110(a)(2)(C) with respect to provisions, some of which pertain to infrastructure SIP submission. nonattainment new source review (NSR) required legal authority, some of which Another example of ambiguity within or CAA section 110(a)(2)(I). pertain to required substantive program sections 110(a)(1) and 110(a)(2) with Furthermore, the EPA interprets the provisions, and some of which pertain respect to infrastructure SIPs pertains to CAA section 110(a)(2)(J) provision on to requirements for both authority and whether states must meet all of the visibility as not being triggered by a new substantive program provisions.3 The infrastructure SIP requirements in a NAAQS because the visibility EPA therefore believes that while the single SIP submission, and whether the requirements in part C, title I of the timing requirement in section 110(a)(1) EPA must act upon such SIP submission CAA are not changed by a new NAAQS. is unambiguous, some of the other in a single action. Although section statutory provisions are ambiguous. In 110(a)(1) directs states to submit ‘‘a III. The EPA’s Approach to Review of plan’’ to meet these requirements, the Infrastructure SIP Submittals particular, the EPA believes that the list of required elements for infrastructure EPA interprets the CAA to allow states The EPA is acting upon the SIP SIP submissions provided in section to make multiple SIP submissions submission from Washington that 110(a)(2) contains ambiguities separately addressing infrastructure SIP addresses the infrastructure concerning what is required for elements for the same NAAQS. If states requirements of CAA sections 110(a)(1) inclusion in an infrastructure SIP elect to make such multiple SIP and 110(a)(2) for the 2008 ozone and submission. submissions to meet the infrastructure 2010 NO2 NAAQS. The requirement for SIP requirements, the EPA can elect to The following examples of states to make a SIP submission of this act on such submissions either ambiguities illustrate the need for the type arises out of CAA section 110(a)(1). individually or in a larger combined EPA to interpret some section 110(a)(1) Pursuant to section 110(a)(1), states action.6 Similarly, the EPA interprets and section 110(a)(2) requirements with must make SIP submissions ‘‘within 3 the CAA to allow it to take action on the respect to infrastructure SIP years (or such shorter period as the individual parts of one larger, Administrator may prescribe) after the submissions for a given new or revised comprehensive infrastructure SIP promulgation of a national primary NAAQS. One example of ambiguity is submission for a given NAAQS without ambient air quality standard (or any that section 110(a)(2) requires that concurrent action on the entire revision thereof),’’ and these SIP ‘‘each’’ SIP submission must meet the submission. For example, the EPA has submissions are to provide for the list of requirements therein, while the sometimes elected to act at different ‘‘implementation, maintenance, and EPA has long noted that this literal times on various elements and sub- enforcement’’ of such NAAQS. The reading of the statute is internally elements of the same infrastructure SIP statute directly imposes on states the inconsistent and would create a conflict submission.7 duty to make these SIP submissions, with the nonattainment provisions in and the requirement to make the part D of title I of the CAA, which 5 The EPA notes that this ambiguity within submissions is not conditioned upon specifically address nonattainment SIP section 110(a)(2) is heightened by the fact that the EPA’s taking any action other than requirements.4 Section 110(a)(2)(I) various subparts of part D set specific dates for pertains to nonattainment SIP submission of certain types of SIP submissions in promulgating a new or revised NAAQS. designated nonattainment areas for various Section 110(a)(2) includes a list of requirements and part D addresses pollutants. Note, e.g., that section 182(a)(1) provides specific elements that ‘‘[e]ach such when attainment plan SIP submissions specific dates for submission of emissions plan’’ submission must address. to address nonattainment area inventories for the ozone NAAQS. Some of these requirements are due. For example, specific dates are necessarily later than three years The EPA has historically referred to after promulgation of the new or revised NAAQS. these SIP submissions made for the section 172(b) requires the EPA to 6 See, e.g., ‘‘Approval and Promulgation of purpose of satisfying the requirements establish a schedule for submission of Implementation Plans; New Mexico; Revisions to of CAA sections 110(a)(1) and 110(a)(2) such plans for certain pollutants when the New Source Review (NSR) State as ‘‘infrastructure SIP’’ submissions. the Administrator promulgates the Implementation Plan (SIP); Prevention of Significant Deterioration (PSD) and Nonattainment Although the term ‘‘infrastructure SIP’’ designation of an area as nonattainment, New Source Review (NNSR) Permitting,’’ 78 FR does not appear in the CAA, the EPA and section 107(d)(1)(B) allows up to 4339 (January 22, 2013) (the EPA’s final action uses the term to distinguish this two years, or in some cases three years, approving the structural PSD elements of the New particular type of SIP submission from for such designations to be Mexico SIP submitted by the State separately to meet the requirements of the EPA’s 2008 PM2.5 NSR submissions that are intended to satisfy rule), and ‘‘Approval and Promulgation of Air other SIP requirements under the CAA, 3 For example: Section 110(a)(2)(E)(i) provides Quality Implementation Plans; New Mexico; such as ‘‘nonattainment SIP’’ or that states must provide assurances that they have Infrastructure and Interstate Transport ‘‘attainment plan SIP’’ submissions to adequate legal authority under state and local law Requirements for the 2006 PM2.5 NAAQS,’’ (78 FR to carry out the SIP; section 110(a)(2)(C) provides 4337) (January 22, 2013) (the EPA’s final action on address the nonattainment planning that states must have a SIP-approved program to the infrastructure SIP for the 2006 PM2.5 NAAQS). requirements of part D of title I of the address certain sources as required by part C of title 7 On December 14, 2007, the State of Tennessee, CAA, ‘‘regional haze SIP’’ submissions I of the CAA; and section 110(a)(2)(G) provides that through the Tennessee Department of Environment required by the EPA rule to address the states must have legal authority to address and Conservation, made a SIP revision to the EPA emergencies as well as contingency plans that are demonstrating that the State meets the requirements visibility protection requirements of triggered in the event of such emergencies. of sections 110(a)(1) and (2). The EPA proposed CAA section 169A, and nonattainment 4 See, e.g., ‘‘Rule To Reduce Interstate Transport action for infrastructure SIP elements (C) and (J) on new source review permit program of Fine Particulate Matter and Ozone (Clean Air January 23, 2012 (77 FR 3213) and took final action submissions to address the permit Interstate Rule); Revisions to Acid Rain Program; on March 14, 2012 (77 FR 14976). On April 16, Revisions to the NOX SIP Call; Final Rule,’’ 70 FR 2012 (77 FR 22533) and July 23, 2012 (77 FR requirements of CAA, title I, part D. 25162, at 25163–65 (May 12, 2005) (explaining 42997), the EPA took separate proposed and final Section 110(a)(1) addresses the timing relationship between timing requirement of section actions on all other section 110(a)(2) infrastructure and general requirements for 110(a)(2)(D) versus section 110(a)(2)(I)). Continued

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Ambiguities within sections 110(a)(1) assumes that Congress could not have As an example, section 110(a)(2)(E)(ii) and 110(a)(2) may also arise with intended that each and every SIP is a required element of section respect to infrastructure SIP submission submission, regardless of the NAAQS in 110(a)(2) for infrastructure SIP requirements for different NAAQS. question or the history of SIP submissions. Under this element, a state Thus, the EPA notes that not every development for the relevant pollutant, must meet the substantive requirements element of section 110(a)(2) would be would meet each of the requirements, or of section 128, which pertain to state relevant, or as relevant, or relevant in meet each of them in the same way. boards that approve permits or the same way, for each new or revised Therefore, the EPA has adopted an enforcement orders and heads of NAAQS. The states’ attendant approach under which it reviews executive agencies with similar powers. infrastructure SIP submissions for each infrastructure SIP submissions against Thus, the EPA reviews infrastructure NAAQS therefore could be different. For the list of elements in section 110(a)(2), SIP submissions to ensure that the example, the monitoring requirements but only to the extent each element state’s SIP appropriately addresses the that a state might need to meet in its applies for that particular NAAQS. requirements of section 110(a)(2)(E)(ii) infrastructure SIP submission for Historically, the EPA has elected to and section 128. The 2013 Guidance purposes of section 110(a)(2)(B) could use guidance documents to make explains the EPA’s interpretation that be very different for different pollutants, recommendations to states for there may be a variety of ways by which for example because the content and states can appropriately address these infrastructure SIPs, in some cases scope of a state’s infrastructure SIP substantive statutory requirements, conveying needed interpretations on submission to meet this element might depending on the structure of an newly arising issues and in some cases be very different for an entirely new individual state’s permitting or conveying interpretations that have NAAQS than for a minor revision to an enforcement program (e.g., whether already been developed and applied to existing NAAQS.8 permits and enforcement orders are individual SIP submissions for The EPA notes that interpretation of approved by a multi-member board or particular elements.9 The EPA most section 110(a)(2) is also necessary when by a head of an executive agency). recently issued guidance for the EPA reviews other types of SIP However they are addressed by the submissions required under the CAA. infrastructure SIPs on September 13, 10 state, the substantive requirements of Therefore, as with infrastructure SIP 2013 (2013 Guidance). The EPA section 128 are necessarily included in submissions, the EPA also has to developed this document to provide the EPA’s evaluation of infrastructure identify and interpret the relevant states with up-to-date guidance for SIP submissions because section elements of section 110(a)(2) that infrastructure SIPs for any new or 110(a)(2)(E)(ii) explicitly requires that logically apply to these other types of revised NAAQS. Within this guidance, the state satisfy the provisions of section SIP submissions. For example, section the EPA describes the duty of states to 128. 172(c)(7) requires that attainment plan make infrastructure SIP submissions to As another example, the EPA’s review SIP submissions required by part D have meet basic structural SIP requirements of infrastructure SIP submissions with to meet the ‘‘applicable requirements’’ within three years of promulgation of a respect to the PSD program of section 110(a)(2). Thus, for example, new or revised NAAQS. The EPA also requirements in sections 110(a)(2)(C), attainment plan SIP submissions must made recommendations about many (D)(i)(II), and (J) focuses upon the meet the requirements of section specific subsections of section 110(a)(2) structural PSD program requirements 110(a)(2)(A) regarding enforceable that are relevant in the context of contained in part C and the EPA’s PSD emission limits and control measures infrastructure SIP submissions.11 The regulations. Structural PSD program and section 110(a)(2)(E)(i) regarding air guidance also discusses the requirements include provisions agency resources and authority. By substantively important issues that are necessary for the PSD program to contrast, it is clear that attainment plan germane to certain subsections of address all regulated sources and NSR SIP submissions required by part D section 110(a)(2). Significantly, the EPA pollutants, including greenhouse gases. would not need to meet the portion of interprets sections 110(a)(1) and By contrast, structural PSD program section 110(a)(2)(C) that pertains to the 110(a)(2) such that infrastructure SIP requirements do not include provisions PSD program required in part C of title submissions need to address certain that are not required under the EPA’s I of the CAA, because PSD does not issues and need not address others. regulations at 40 CFR 51.166 but are apply to a pollutant for which an area Accordingly, the EPA reviews each merely available as an option for the is designated nonattainment and thus infrastructure SIP submission for state, such as the option to provide subject to part D planning requirements. compliance with the applicable grandfathering of complete permit As this example illustrates, each type of statutory provisions of section 110(a)(2), applications with respect to the 2012 SIP submission may implicate some as appropriate. PM2.5 NAAQS. Accordingly, the latter elements of section 110(a)(2) but not optional provisions are types of others. 9 The EPA notes, however, that nothing in the provisions the EPA considers irrelevant Given the potential for ambiguity in CAA requires the EPA to provide guidance or to in the context of an infrastructure SIP some of the statutory language of section promulgate regulations for infrastructure SIP action. submissions. The CAA directly applies to states and 110(a)(1) and section 110(a)(2), the EPA requires the submission of infrastructure SIP For other section 110(a)(2) elements, believes that it is appropriate to submissions, regardless of whether or not the EPA however, the EPA’s review of a state’s interpret the ambiguous portions of provides guidance or regulations pertaining to such infrastructure SIP submission focuses section 110(a)(1) and section 110(a)(2) submissions. EPA elects to issue such guidance in on assuring that the state’s SIP meets in the context of acting on a particular order to assist states, as appropriate. basic structural requirements. For 10 ‘‘Guidance on Infrastructure State SIP submission. In other words, the EPA Implementation Plan (SIP) Elements under Clean example, section 110(a)(2)(C) includes, Air Act Sections 110(a)(1) and 110(a)(2),’’ inter alia, the requirement that states SIP elements of Tennessee’s December 14, 2007 Memorandum from Stephen D. Page, September 13, have a program to regulate minor new submittal. 2013. sources. Thus, the EPA evaluates 8 11 For example, implementation of the 1997 PM2.5 The EPA’s September 13, 2013, guidance did whether the state has an EPA-approved NAAQS required the deployment of a system of not make recommendations with respect to new monitors to measure ambient levels of that new infrastructure SIP submissions to address section minor new source review program and indicator species for the new NAAQS. 110(a)(2)(D)(i)(I). whether the program addresses the

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pollutants relevant to that NAAQS. In and every provision of a state’s existing Significantly, the EPA’s determination the context of acting on an SIP against all requirements in the CAA that an action on a state’s infrastructure infrastructure SIP submission, however, and the EPA regulations merely for SIP submission is not the appropriate the EPA does not think it is necessary purposes of assuring that the state in time and place to address all potential to conduct a review of each and every question has the basic structural existing SIP deficiencies does not provision of a state’s existing minor elements for a functioning SIP for a new preclude the EPA’s subsequent reliance source program (i.e., already in the or revised NAAQS. Because SIPs have on provisions in section 110(a)(2) as existing SIP) for compliance with the grown by accretion over the decades as part of the basis for action to correct requirements of the CAA and EPA’s statutory and regulatory requirements those deficiencies at a later time. For regulations that pertain to such under the CAA have evolved, they may example, although it may not be programs. include some outmoded provisions and appropriate to require a state to With respect to certain other issues, historical artifacts. These provisions, eliminate all existing inappropriate the EPA does not believe that an action while not fully up to date, nevertheless director’s discretion provisions in the on a state’s infrastructure SIP may not pose a significant problem for course of acting on an infrastructure SIP submission is necessarily the the purposes of ‘‘implementation, submission, the EPA believes that appropriate type of action in which to maintenance, and enforcement’’ of a section 110(a)(2)(A) may be among the address possible deficiencies in a state’s new or revised NAAQS when the EPA statutory bases that EPA relies upon in existing SIP. These issues include: (i) evaluates adequacy of the infrastructure the course of addressing such deficiency Existing provisions related to excess SIP submission. The EPA believes that in a subsequent action.15 emissions from sources during periods a better approach is for states and the IV. Analysis of the State’s Submittal of startup, shutdown, or malfunction EPA to focus attention on those that may be contrary to the CAA and the elements of section 110(a)(2) of the CAA 110(a)(2)(A): Emission Limits and Other EPA’s policies addressing such excess most likely to warrant a specific SIP Control Measures emissions (‘‘SSM’’); (ii) existing revision due to the promulgation of a CAA section 110(a)(2)(A) requires provisions related to ‘‘director’s new or revised NAAQS or other factors. SIPs to include enforceable emission variance’’ or ‘‘director’s discretion’’ that For example, the EPA’s 2013 limits and other control measures, may be contrary to the CAA because Guidance gives simpler means or techniques (including they purport to allow revisions to SIP- recommendations with respect to economic incentives such as fees, approved emissions limits while carbon monoxide than other NAAQS marketable permits, and auctions of limiting public process or not requiring pollutants to meet the visibility emissions rights), as well as schedules further approval by the EPA; and (iii) requirements of section and timetables for compliance, as may existing provisions for PSD programs 110(a)(2)(D)(i)(II), because carbon be necessary or appropriate to meet the that may be inconsistent with current monoxide does not affect visibility. As applicable requirements of the CAA. requirements of the EPA’s ‘‘Final NSR a result, an infrastructure SIP State submittal: The Washington Improvement Rule,’’ 67 FR 80186 submission for any future new or submittal cited an overview of the air (December 31, 2002), as amended by 72 revised NAAQS for carbon monoxide quality laws including portions of FR 32526 (June 13, 2007). Thus, the EPA need only state this fact in order to Chapter 70.94 Revised Code of believes it may approve an address the visibility prong of section Washington (RCW) Washington Clean infrastructure SIP submission without 110(a)(2)(D)(i)(II). Air Act and Chapter 43.21A RCW scrutinizing the totality of the existing Finally, the EPA believes that its Department of Ecology. These SIP for such potentially deficient approach with respect to infrastructure underlying statutory authorities remain provisions and may approve the SIP requirements is based on a unchanged with respect to ozone and submission even if it is aware of such reasonable reading of sections 110(a)(1) NO2 since the EPA’s last comprehensive existing provisions.12 It is important to and 110(a)(2) because the CAA provides review for the 1997 ozone NAAQS note that the EPA’s approval of a state’s other avenues and mechanisms to infrastructure certification (77 FR infrastructure SIP submission should address specific substantive deficiencies 30902, May 24, 2012). Washington also not be construed as explicit or implicit in existing SIPs. These other statutory included an overview of state and local re-approval of any existing potentially tools allow the EPA to take regulations approved into the SIP, deficient provisions that relate to the appropriately tailored action, depending three specific issues just described. upon the nature and severity of the PSD programs. See ‘‘Limitation of Approval of The EPA’s approach to review of alleged SIP deficiency. Section 110(k)(5) Prevention of Significant Deterioration Provisions infrastructure SIP submissions is to Concerning Greenhouse Gas Emitting-Sources in authorizes the EPA to issue a ‘‘SIP call’’ State Implementation Plans; Final Rule,’’ 75 FR identify the CAA requirements that are whenever the EPA determines that a 82536 (December 30, 2010). The EPA has logically applicable to that submission. state’s SIP is substantially inadequate to previously used its authority under CAA section The EPA believes that this approach to attain or maintain the NAAQS, to 110(k)(6) to remove numerous other SIP provisions the review of a particular infrastructure that the Agency determined it had approved in mitigate interstate transport, or to error. See, e.g., 61 FR 38664 (July 25, 1996) and 62 SIP submission is appropriate, because otherwise comply with the CAA.13 FR 34641 (June 27, 1997) (corrections to American it would not be reasonable to read the Section 110(k)(6) authorizes the EPA to Samoa, Arizona, California, Hawaii, and Nevada general requirements of section correct errors in past actions, such as SIPs); 69 FR 67062 (November 16, 2004) (corrections to California SIP); and 74 FR 57051 110(a)(1) and the list of elements in 14 past approvals of SIP submissions. (November 3, 2009) (corrections to Arizona and 110(a)(2) as requiring review of each Nevada SIPs). 13 For example, the EPA issued a SIP call to Utah 15 See, e.g., the EPA’s disapproval of a SIP 12 By contrast, the EPA notes that if a state were to address specific existing SIP deficiencies related submission from Colorado on the grounds that it to include a new provision in an infrastructure SIP to the treatment of excess emissions during SSM would have included a director’s discretion submission that contained a legal deficiency, such events. See ‘‘Finding of Substantial Inadequacy of provision inconsistent with CAA requirements, as a new exemption for excess emissions during Implementation Plan; Call for Utah State including section 110(a)(2)(A). See, e.g., 75 FR SSM events, then the EPA would need to evaluate Implementation Plan Revisions,’’ 74 FR 21639 42342 at 42344 (July 21, 2010) (proposed that provision for compliance against the rubric of (April 18, 2011). disapproval of director’s discretion provisions); 76 applicable CAA requirements in the context of the 14 The EPA has used this authority to correct FR 4540 (Jan. 26, 2011) (final disapproval of such action on the infrastructure SIP. errors in past actions on SIP submissions related to provisions).

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codified in 40 CFR part 52, subpart WW. making these data available to the EPA 240 Criminal Penalties, as well as the These regulations include minor upon request. enforcement-related statutory provisions stationary source permitting, State submittal: Washington derives of Chapter 70.94 RCW, Washington monitoring, and other basic program its general statutory authority to Clean Air Act. All of these enforcement elements that apply to the regulation of establish and operate ambient air provisions remain unchanged since the all NAAQS, which were reviewed as quality monitors from RCW 70.94.331(5) EPA’s last review and approval of the part of the 1997 ozone NAAQS Powers and Duties of Department which Washington 1997 ozone infrastructure infrastructure certification. Other cited states, ‘‘[t]he department is directed to SIP submittal on May 24, 2012 (77 FR regulations were developed as part of conduct or cause to be conducted a 30902). Washington also cites the EPA- previous nonattainment area strategies continuous surveillance program to approved minor new source review developed for the former 1-hour ozone monitor the quality of the ambient permitting program contained in the SIP nonattainment areas of Puget Sound and atmosphere as to concentrations and under WAC 173–400–110 New Source Vancouver, Washington. The EPA movements of air contaminants and Review and WAC 173–400–113 redesignated these areas to attainment conduct or cause to be conducted a Requirements for New Sources in on September 26, 1996 (61 FR 5438) and program to determine the quantity of Attainment or Unclassifiable Areas. May 19, 1997 (62 FR 27204), emissions to the atmosphere.’’ Specifically, WAC 173–400–113(3) respectively. These control measures Regulatory authority is contained in the ensures that, ‘‘[a]llowable emissions kept all areas of Washington in EPA-approved SIP provisions of WAC from the proposed new source or attainment for the 1997 and 2008 ozone 173–400–105 Records, Monitoring and modification will not delay the NAAQS revisions. Similarly, all areas of Reporting. attainment date for an area not in EPA analysis: Washington submitted Washington are attaining the 2010 NO2 attainment nor cause or contribute to a NAAQS. The only notable revision to a comprehensive air quality monitoring violation of any ambient air quality the Washington SIP since the EPA’s last plan to meet the requirements of 40 CFR standard.’’ 16 Washington also notes that review of the 1997 ozone infrastructure part 58, which the EPA approved on any major PSD sources in attainment or certification is the EPA’s approval of April 15, 1981. This air quality unclassifiable areas would be addressed Chapter 173–476 WAC Ambient Air monitoring plan has been updated under the existing EPA FIP codified in Quality Standards, mirroring the annually, with the most recent submittal 40 CFR 52.2497. dated May 2014. The EPA has not yet EPA analysis: With regard to the Federal 2008 ozone and 2010 NO2 NAAQS (79 FR 12077, March 4, 2014). acted on Ecology’s May 2014 air quality requirement to have a program These state-wide ambient air quality monitoring plan, however there are no providing for enforcement of all SIP standards ensure that the general minor known deficiencies related to the ozone measures, we are proposing to find that stationary source permitting programs or NO2 monitoring network at this time. the Washington provisions cited in the codified in 40 CFR part 52, subpart WW, The EPA approved the previous year’s submittal provide the state with cover all the applicable NAAQS. air quality monitoring plan, dated May authority to enforce the air quality 2013, on March 10, 2014. The letter regulations, permits, and orders EPA analysis: Washington generally approving the plan is included in the promulgated pursuant to the SIP. regulates emissions of ozone precursors docket for this action. Washington may issue emergency and NO through its Federally-approved 2 Washington’s plan includes the ozone orders to reduce or discontinue minor new source review (NSR) and NO2 monitoring network, including emission of air contaminants where air program and the PSD FIP, through a the establishment of a near roadway emissions cause or contribute to delegation agreement. On March 4, monitoring site in the Seattle-Tacoma- imminent and substantial endangerment 2014, the EPA approved revisions to Bellevue Metropolitan Statistical Area, under the EPA-approved provisions of Chapter 173–476 WAC Ambient Air in accordance with the EPA’s most WAC 173–435 Emergency Episode Plan. Quality Standards, to mirror the Federal recent ambient monitoring requirements Enforcement cases may be referred to 2008 ozone and 2010 NO2 NAAQS (79 for NO2 (78 FR 16184, March 14, 2013). the State Attorney General’s Office for FR 12077, March 4, 2014). These state- Washington provides air quality civil or criminal enforcement. wide ambient air quality standards monitoring data summaries and a map Therefore, we are proposing to approve ensure that the general minor NSR of the state air monitoring network at: the Washington SIP as meeting the permitting program codified in 40 CFR https://fortress.wa.gov/ecy/enviwa/ requirements of CAA section part 52, subpart WW, covers the Default.htm. Therefore, we are 110(a)(2)(C) related to enforcement for applicable NAAQS. proposing to approve the Washington the 2008 ozone and 2010 NO2 NAAQS. The EPA agrees that there is no SIP as meeting the requirements of CAA To generally meet the requirements of compelling need for additional control section 110(a)(2)(B) for the 2008 ozone CAA section 110(a)(2)(C) with regard to measures for ozone and NO2 beyond and 2010 NO2 NAAQS. the regulation of construction of new or those already reviewed as part of the modified stationary sources, a state is 1997 ozone infrastructure certification. 110(a)(2)(C): Program for Enforcement required to have PSD, nonattainment Therefore, we are proposing to approve of Control Measures NSR, and minor NSR permitting the Washington SIP as meeting the CAA section 110(a)(2)(C) requires programs adequate to implement the requirements of CAA section states to include a program providing 2008 ozone and 2010 NO2 NAAQS. As 110(a)(2)(A) for the 2008 ozone and for enforcement of all SIP measures and 2010 NO2 NAAQS. the regulation of construction of new or 16 On October 3, 2014, following the State’s modified stationary sources, including a infrastructure submission, the EPA approved 110(a)(2)(B): Ambient Air Quality updates to portions of WAC 173–400, including Monitoring/Data System program to meet PSD and regulations related to minor new source review (79 nonattainment NSR requirements. FR 59653). The EPA’s final approval of the updates CAA section 110(a)(2)(B) requires State submittal: The Washington to WAC 173–400 is not effective until November 3, SIPs to include provisions to provide for submittal refers to EPA-approved 2014. In the interim, the EPA notes that both the version of WAC 173–400 currently approved in the establishment and operation of ambient regulatory provisions contained in the SIP (effective June 2, 1995) and the recent updates air quality monitors, collecting and SIP under WAC 173–400–230 (effective November 3, 2014) provide broad, general analyzing ambient air quality data, and Regulatory Actions and WAC 173–400– authority to maintain and protect the NAAQS.

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explained above, in the ‘‘CAA Sections measures to address regional haze) in the infrastructure SIP submission is 110(a)(1) and (2) Infrastructure any state (CAA section required in response to a SIP call under Elements’’ discussion, we are not 110(a)(2)(D)(i)(II)). CAA section 110(k)(5), mandatory evaluating nonattainment related State submittal: Washington indicated sanctions under CAA section 179 would provisions in this action, such as the in the submittal that the State intends to not apply because the deficiencies are nonattainment NSR program required fulfill its requirements related to CAA not with respect to a submission that is by part D, title I of the CAA, nor does section 110(a)(2)(D)(i)(I) in a separate required under CAA title I part D. Washington have any nonattainment submittal. Nevertheless, the EPA continues to areas for either NAAQS. With regard to With respect to the CAA section encourage all air agencies that may be the minor NSR requirement of this 110(a)(2)(D)(i)(II) requirements, subject to full or partial FIPs for regional element, we have determined that the Washington’s certification notes that a haze requirements to consider adopting Washington minor NSR program FIP is in place to address the PSD additional SIP provisions that would adopted pursuant to section 110(a)(2)(C) components. With respect to visibility, allow the EPA to fully approve the of the CAA, and codified in 40 CFR part Washington submitted a regional haze regional haze SIP and thus to withdraw 52, subpart WW, is adequate to regulate plan in 2010, which the EPA partially the FIP and approve the infrastructure emissions of ozone precursors and NO2 approved, partially disapproved, and SIP with respect to prong 4.’’ A partial for purposes of implementing the 2008 supplemented with a FIP (79 FR 33438, FIP addressing NOX, which is also an ozone and 2010 NO2 NAAQS. Lastly, as June 11, 2014). ozone precursor, is currently in place previously discussed, the PSD EPA analysis: As noted above, this for regional haze. Therefore, the EPA is permitting program in Washington is action does not address the proposing to disapprove the Washington operated under an EPA FIP. As noted in requirements of CAA section SIP with respect to the CAA section the EPA’s infrastructure guidance, when 110(a)(2)(D)(i)(I) for the 2008 ozone and 110(a)(2)(D)(i)(II) visibility sub-element an area is already subject to a FIP for 2010 NO2 NAAQS. We intend to for the 2008 ozone and 2010 NO2 PSD permitting (whether or not a state, address the requirements of CAA NAAQS. local, or tribal air agency has been section 110(a)(2)(D)(i)(I) in a separate 110(a)(2)(D)(ii) Interstate and delegated Federal authority to action. International transport provisions: CAA implement the PSD FIP), the air agency The EPA believes that the CAA section 110(a)(2)(D)(ii) requires SIPs to may choose to continue to rely on the section 110(a)(2)(D)(i)(II) PSD sub- include provisions ensuring compliance PSD FIP to have permits issued element is satisfied when new major with the applicable requirements of pursuant to the FIP. If so, the EPA could sources and major modifications in CAA sections 126 and 115 (relating to not fully approve the infrastructure SIP Washington are subject to a SIP- interstate and international pollution submission; however, the EPA approved PSD program that abatement). Specifically, CAA section anticipates that there would be no satisfactorily implements the NAAQS. 126(a) requires new or modified major adverse consequences to the air agency As previously noted, a FIP is in place sources to notify neighboring states of or to sources from a partial disapproval for the PSD program in Washington. potential impacts from the source. of the infrastructure SIP. Therefore, the Therefore, the EPA is proposing to State submittal: Washington’s EPA is proposing to partially disapprove disapprove the Washington SIP with submittal notes that the state has no Washington’s SIP for those requirements respect to the CAA section pending obligations under section 115 of CAA section 110(a)(2)(C) related to 110(a)(2)(D)(i)(II) PSD sub-element. or 126(b) of the CAA. CAA section PSD.17 However, the EPA anticipates that there 126(a) obligations are met through the would be no adverse consequences to current PSD FIP. 110(a)(2)(D)(i): Interstate Transport the air agency or to sources from this EPA analysis: The EPA agrees that CAA section 110(a)(2)(D)(i) requires partial disapproval of the infrastructure Washington has no pending interstate or state SIPs to include provisions SIP. international pollution obligations prohibiting any source or other type of The EPA believes that one way the under CAA sections 115 and 126(b). emissions activity in one state from CAA section 110(a)(2)(D)(i)(II) visibility Because Washington does not have SIP- contributing significantly to sub-element (prong 4) can be satisfied approved provisions addressing the nonattainment, or interfering with for any relevant NAAQS is through an requirements and instead relies on the maintenance of the NAAQS in another air agency’s confirmation in its PSD FIP to satisfy its CAA section state (CAA section 110(a)(2)(D)(i)(I)). infrastructure SIP submission that it has 126(a) obligations, the EPA is proposing Further, this section requires state SIPs an approved regional haze SIP that fully to partially disapprove the SIP for this to include provisions prohibiting any meets the requirements of 40 CFR element. However, as previously noted, source or other type of emissions 51.308 or 51.309. As noted in the EPA’s the EPA anticipates that there would be activity in one state from interfering 2013 infrastructure guidance, ‘‘[i]f the no adverse consequences to Washington with measures required to prevent EPA determines the SIP to be or to sources resulting from this significant deterioration of air quality, incomplete or partially disapproves an proposed partial disapproval of the or from interfering with measures infrastructure SIP submission for prong infrastructure SIP. required to protect visibility (i.e. 4, a FIP obligation will be created. If a FIP or FIPs are already in effect that 110(a)(2)(E): Adequate Resources 17 On January 27, 2014, Washington submitted correct all regional haze SIP CAA section 110(a)(2)(E) requires PSD regulations for approval into the SIP. The EPA deficiencies, there will be no additional states to provide (i) necessary has not finalized our review of that submittal. The practical consequences from the partial assurances that the state will have EPA’s proposed disapproval of the PSD elements in this action to rely on the existing PSD FIP is not disapproval for the affected air agency, adequate personnel, funding, and a reflection on Ecology’s January 27, 2014, the sources within its jurisdiction, or authority under state law to carry out submittal. Instead, the EPA has determined that the the EPA. The EPA will not be required the SIP (and is not prohibited by any existing PSD FIP currently provides protection and to take further action with respect to provision of Federal or state law from maintenance of the 2008 ozone and 2010 NO2 NAAQS so there is no compelling reason to delay prong 4 because the FIP already in place carrying out the SIP or portion thereof), a proposed determination on the adequacy of would satisfy the requirements with (ii) requires that the state comply with Ecology’s infrastructure certification. respect to prong 4. In addition, unless the requirements respecting state boards

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under CAA section 128 and (iii) to carry out SIP requirements. Regarding on December 5, 2008, which modified necessary assurances that, where the the state board requirements under CAA the requirements for collecting and state has relied on a local or regional section 128, the EPA approved WAC reporting air emissions data (73 FR government, agency, or instrumentality 173–400–220 Requirements for Board 76539). All states are required to submit for the implementation of any SIP Members and WAC 173–400–260 a comprehensive emissions inventory provision, the state has responsibility Conflict of Interest as meeting the every three years and report emissions for ensuring adequate implementation section 128 requirements on June 2, for certain larger sources annually of such SIP provision. 1995 (60 FR 28726). On May 24, 2012, through the EPA’s online Emissions State submittal: Chapter 43.21A RCW the EPA approved the Washington SIP Inventory System. States report Department of Ecology provides as meeting the requirements of sub- emissions data for the six criteria authority for the director to employ element 110(a)(2)(E)(ii) (77 FR 30902). pollutants and their associated personnel necessary for administration Finally, regarding state responsibility precursors—nitrogen oxides, sulfur of this chapter. Chapters 43.21A and and oversight of local and regional dioxide, ammonia, lead, carbon 70.94 RCW provide the rule-making entities, RCW 70.94.370 provides monoxide, particulate matter, and authority for Ecology. Ecology’s Air Ecology with adequate authority to carry volatile organic compounds. The EPA Quality Program is funded through the out oversight of SIP obligations. compiles the emissions data, following funding sources: The state Therefore, the EPA is proposing to supplementing it where necessary, and general fund, section 105 of the CAA approve the Washington SIP as meeting releases it to the general public through grant program, Air Operating Permit the requirements of CAA section the Web site http://www.epa.gov/ttn/ Account (permit fees from large 110(a)(2)(E) for the 2008 ozone and 2010 chief/eiinformation.html. industrial sources), and Air Pollution NO2 NAAQS. Based on the analysis above, we are Control Account (permit fees for proposing to approve the Washington burning and annual fees for small 110(a)(2)(F): Stationary Source SIP as meeting the requirements of CAA industrial air pollution sources). Monitoring System section 110(a)(2)(F) for the 2008 ozone The EPA-approved provisions of the CAA section 110(a)(2)(F) requires (i) and 2010 NO2 NAAQS. Washington SIP under WACs 173–400– the installation, maintenance, and 220 Requirements for Board Members replacement of equipment, and the 110(a)(2)(G): Emergency Episodes and 173–400–260 Conflict of Interest implementation of other necessary CAA section 110(a)(2)(G) requires provide that no state board or body steps, by owners or operators of states to provide for authority to address which approves operating permits or stationary sources to monitor emissions activities causing imminent and enforcement orders, either in the first from such sources, (ii) periodic reports substantial endangerment to public instance or upon appeal, shall be on the nature and amounts of emissions health, including adequate contingency constituted of less than a majority of and emissions-related data from such plans to implement the emergency members who represent the public sources, and (iii) correlation of such episode provisions in their SIPs. interest and who do not derive a reports by the state agency with any State submittal: Ecology cited the significant portion of their income from emission limitations or standards EPA-approved Washington SIP persons subject to operating permits. established pursuant to the CAA, which provisions of WAC 173–435 Emergency State law also provides that any shall be available at reasonable times for Episode Plan, which are consistent with potential conflicts of interest by public inspection. the EPA’s regulations contained in 40 members of such board or body or the State submittal: The EPA-approved CFR part 51, subpart H (51.150–51.153) head of any executive agency with version of WAC 173–400–105 Records, reviewed as part of the EPA’s approval similar powers be adequately disclosed. Monitoring, and Reporting currently in of the 1997 ozone NAAQS infrastructure See RCW 34.05.425 Administrative the Washington SIP provides the certification on May 24, 2012 (77 FR Procedure Act; RCW 42.17 Public authority to monitor stationary source 30902). Disclosure Act; RCW 70.94.100 emissions for compliance purposes and EPA analysis: Section 303 of the CAA Composition of Local Air Authorities’ make the information available to the provides authority to the EPA Board; Conflict of Interest public. The language of WAC 173–400– Administrator to restrain any source Requirements. 105(1) provides general authority to from causing or contributing to Ecology works with other require emission reporting. Meanwhile, emissions which present an ‘‘imminent organizations and agencies and may WAC 173–400–105(2) allows Ecology to and substantial endangerment to public enter into agreements allowing for require stack testing and/or ambient air health or welfare, or the environment.’’ implementation of the air pollution monitoring, even if not required in a We find that the EPA-approved controls by another agency. However, permit or other enforceable requirement Washington SIP at WAC 173–435–050 RCW 70.94.370 states that no provision as part of a continuous surveillance Action Procedures provides Washington of this chapter or any recommendation program to protect air quality. with comparable authority. Specifically, of the state board or of any local or EPA analysis: The EPA-approved WAC 173–435–050(6) states, regional air pollution program is a regulatory provisions cited by ‘‘[r]egardless of whether any episode limitation on the power of a state agency Washington establish compliance stages have previously been declared, in the enforcement, or administration of requirements to monitor emissions, whenever the governor finds that any provision of law which it is keep and report records, and collect emissions are causing imminent danger specifically permitted or required to ambient air monitoring data in to public health or safety, the governor enforce or administer. accordance with CAA section may declare an air pollution emergency EPA analysis: Regarding adequate 110(a)(2)(F). Additionally, Washington and order the persons responsible for personnel, funding and authority, the is required to submit emissions data to the operation of sources causing the EPA believes the Washington SIP meets the EPA for purposes of the National danger, to reduce or discontinue the requirements of this element. Emissions Inventory (NEI). The NEI is emissions consistent with good Washington receives CAA sections 103 the EPA’s central repository for air operating practice, safe operating and 105 grant funds from the EPA and emissions data. The EPA published the procedures, and SERPs [source emission provides state matching funds necessary Air Emissions Reporting Rule (AERR) reduction plans], if any.’’ Further, WAC

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173–435–050(5) requires, ‘‘[t]he 110(a)(2)(I): Nonattainment Area Plan https://fortress.wa.gov/ecy/enviwa/ broadest publicity practicable shall be Revision Under Part D Default.htm. given to the declaration of any episode EPA analysis: Under the EPA- stage. Such declaration shall, as soon as There are two elements identified in approved provisions of WAC 173–400– possible, be directly communicated to CAA section 110(a)(2) not governed by 171 Public Involvement, Ecology all persons responsible for the carrying the three-year submission deadline of routinely coordinates with local out of SERPs within the affected area.’’ CAA section 110(a)(1) because SIPs governments, states, Federal land Washington’s regulations discussed incorporating necessary local managers and other stakeholders on air above, which were approved by the EPA nonattainment area controls are not due quality issues and provides notice to into the SIP on January 15, 1993, within three years after promulgation of appropriate agencies related to continue to be consistent with the a new or revised NAAQS, but are rather permitting actions. Washington requirements of 40 CFR 51.151 (58 FR due at the time of the nonattainment regularly participates in regional 4578). Accordingly, we are proposing to area plan requirements pursuant to planning processes including the approve the Washington SIP as meeting section 172 and the various pollutant Western Regional Air Partnership, the requirements of CAA section specific subparts 2–5 of part D. These which is a voluntary partnership of 110(a)(2)(G) for the 2008 ozone and elements are: (i) Submissions required states, tribes, Federal land managers, by CAA section 110(a)(2)(C) to the 2010 NO NAAQS. local air agencies and the EPA, whose 2 extent that subsection refers to a permit purpose is to understand current and 110(a)(2)(H): Future SIP Revisions program as required in part D, title I of evolving regional air quality issues in the CAA, and (ii) submissions required the West. Therefore the EPA is CAA section 110(a)(2)(H) requires that by section 110(a)(2)(I) which pertain to proposing to approve the Washington SIPs provide for revision of such plan (i) the nonattainment planning SIP as meeting the requirements of CAA from time to time as may be necessary requirements of part D, title I of the Section 110(a)(2)(J) for consultation to take account of revisions of such CAA. As a result, this action does not with government officials. national primary or secondary ambient address infrastructure elements related Section 110(a)(2)(J) also requires the air quality standard or the availability of to CAA section 110(a)(2)(C) with respect public be notified if NAAQS are improved or more expeditious methods to nonattainment NSR or CAA section exceeded in an area and to enhance of attaining such standard, and (ii), 110(a)(2)(I). public awareness of measures that can except as provided in paragraph be taken to prevent exceedances. 110(a)(3)(C), whenever the 110(a)(2)(J): Consultation With Washington actively participates and Administrator finds on the basis of Government Officials submits information to the EPA’s information available to the CAA section 110(a)(2)(J) requires AIRNOW program which provides Administrator that the SIP is states to provide a process for information to the public on the air substantially inadequate to attain the consultation with local governments quality in their locale. In addition, NAAQS which it implements, or to and Federal land managers carrying out Washington provides the state’s annual otherwise comply with any additional NAAQS implementation requirements network monitoring plan, annual air requirements under the CAA. pursuant to section 121. CAA section quality monitoring data summaries, State submittal: Washington’s 110(a)(2)(J) further requires states to specific warnings and advice to those submittal referred to RCW 70.94, which notify the public if NAAQS are persons who may be most susceptible, gives Ecology the authority to exceeded in an area and to enhance and a map of the state air monitoring promulgate rules and regulations to public awareness of measures that can network to the public on their Web site (http://www.ecy.wa.gov/programs/air/ maintain and protect Washington’s air be taken to prevent exceedances. Lastly, airhome.html). Therefore, we are quality and to comply with Federal CAA section 110(a)(2)(J) requires states proposing to find that the Washington requirements, including revisions of to meet applicable requirements of part SIP meets the requirements of CAA NAAQS, SIPs, and responding to EPA C, title I of the CAA related to section 110(a)(2)(J) for public findings. prevention of significant deterioration notification. EPA analysis: RCW 70.94.510 and visibility protection. Turning to the requirement in CAA specifically requires Ecology to State submittal: Ecology’s submittal section 110(a)(2)(J) that the SIP meet the cooperate with the Federal government cited the following regulatory applicable requirements of part C of title in order to ensure the coordination of provisions contained in the Washington I of the CAA, we have evaluated this the provisions of the Federal Clean Air SIP to meet CAA section 110(a)(2)(J) requirement in the context of CAA Act and the Washington Clean Air Act. obligations: WAC 173–435–050 Action section 110(a)(2)(C) with respect to PSD In practice, Ecology regularly submits Procedures, WAC 173–400–151 Retrofit permitting. As discussed previously, revisions to the EPA to revise the SIP. Requirements for Visibility, and WAC PSD in Washington is operated under a The EPA recently approved revisions to 173–400–171 Public Involvement. FIP. We are proposing to disapprove the the Washington SIP on October 3, 2013 Washington also cited the following Washington SIP for the requirements of (78 FR 61188) (Thurston County Second statutory authorities: RCW 34.05 CAA 110(a)(2)(J) with regard to PSD. 10-Year PM10 Limited Maintenance Administrative Procedures Act, RCW Instead, the state and the EPA will Plan), September 17, 2013 (78 FR 57073) 42.30 Open Public Meetings, RCW continue to rely on the existing PSD FIP. (Puget Sound Clean Air Agency 70.94.141 Consultation, and RCW With regard to the applicable Regulatory Updates), and May 29, 2013 70.94.240 Air Pollution Control requirements for visibility protection, (78 FR 32131) (Tacoma-Pierce County Advisory Council. In addition to these the EPA recognizes that states are Nonattainment Area). Accordingly, we SIP measures, Ecology uses the subject to visibility and regional haze are proposing to approve the Washington Air Quality Advisory program requirements under part C of Washington SIP as meeting the (WAQA) tool for informing the public the CAA. In the event of the requirements of CAA section about the levels and health effects of air establishment of a new NAAQS, 110(a)(2)(H) for the 2008 ozone and pollution. The public can access up-to- however, the visibility and regional 2010 NO2 NAAQS. date WAQA information on-line at haze program requirements under part C

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do not change. Thus we find that there although the area came into attainment EPA analysis: As discussed in the is no new applicable requirement before a formal SIP submission was preamble relating to CAA section relating to visibility triggered under required (78 FR 32131, May 29, 2013). 110(a)(2)(J), Ecology routinely CAA section 110(a)(2)(J) when a new Based on the foregoing, we are coordinates with local governments and NAAQS becomes effective. proposing to approve Washington’s SIP other stakeholders on air quality issues. Based on the above analysis, we are as meeting the requirements of CAA The public involvement regulations proposing to approve the Washington Section 110(a)(2)(K) for the 2008 ozone cited in Washington’s submittal were SIP as meeting the requirements of CAA and 2010 NO2 NAAQS. previously approved into Washington’s section 110(a)(2)(J) for the 2008 ozone Federally-approved SIP on June 2, 1995 110(a)(2)(L): Permitting Fees and 2010 NO2 NAAQS, except for those (60 FR 28726). Therefore, the EPA is elements related to PSD which we are CAA section 110(a)(2)(L) requires SIPs proposing to find that Washington’s SIP proposing to partially disapprove. to require each major stationary source meets the requirements of CAA Section 110(a)(2)(K): Air Quality and Modeling/ to pay permitting fees sufficient to cover 110(a)(2)(M) for the 2008 ozone and Data the reasonable cost of reviewing, acting 2010 NO2 NAAQS. upon, implementing and enforcing a VI. Proposed Action CAA section 110(a)(2)(K) requires that permit. SIPs provide for (i) the performance of State submittal: The submittal stated The EPA is proposing to partially such air quality modeling as the that Washington derives its authority to approve and partially disapprove the Administrator may prescribe for the collect fees for new source review and September 22, 2014, submittal from purpose of predicting the effect on title V sources from RCW 70.94.151, Washington to demonstrate that the SIP ambient air quality of any emissions of RCW 70.94.152, and RCW 70.94.162. any air pollutant for which the meets the requirements of sections The EPA reviewed Washington’s fee Administrator has established a national 110(a)(1) and (2) of the CAA for the provisions and fully approved the title ambient air quality standard, and (ii) the 2008 ozone and 2010 NO2 NAAQS. V program on August 13, 2001 (66 FR submission, upon request, of data Specifically, we are proposing to find 42439), with a revision approved on related to such air quality modeling to that the current EPA-approved the Administrator. January 2, 2003 (67 FR 71479). With Washington SIP meets the following State submittal: The Washington respect to the new source review fee CAA section 110(a)(2) infrastructure submittal states that air quality requirements, the State’s submittal elements: (A), (B), (C)—except for those modeling is conducted during noted that there are no nonattainment elements covered by the PSD FIP, development of revisions to the SIP, as areas for ozone or NO2 in Washington. (D)(i)(II)—except for those elements appropriate to demonstrate attainment Therefore, all major stationary sources covered by the PSD and regional haze with required air quality standards. subject to new source review would be FIPs, (D)(ii)—except for those elements Modeling is also addressed in the covered under the PSD FIP. covered by the PSD FIP, (E), (F), (G), (H), permitting process (see discussion at EPA analysis: As noted in the State’s (J)—except for those elements covered CAA section 110(a)(2)(C)). Estimates of submittal, the EPA approved the by the PSD FIP, (K), (L), and (M). As ambient concentrations are based on air Washington title V permitting program previously noted, the EPA anticipates quality models, data bases and other on August 13, 2001, with an effective that there would be no adverse requirements specified in 40 CFR part date of September 12, 2001 (66 FR consequences to Washington or to 51, Appendix W (Guidelines on Air 42439). Meanwhile, Washington does sources in the state resulting from this Quality Models) and are routinely used not have a SIP-approved PSD permitting proposed partial disapproval of the by Washington. Exceptions to using program and, therefore, is not required infrastructure SIP with respect to the Appendix W are handled under the to have PSD permitting fees in its SIP. PSD and regional haze FIPs. The EPA, provisions of 40 CFR 51.166 (Prevention As discussed earlier in this notice, PSD likewise, anticipates no additional FIP of significant deterioration of air permitting in Washington takes place by responsibilities for PSD and regional quality) which requires written approval means of a FIP. Therefore, we are haze as a result of this proposed partial from the EPA and an opportunity for proposing to conclude that Washington disapproval. Interstate transport public comment. has satisfied its current obligations requirements with respect to CAA EPA analysis: As noted in Ecology’s under CAA section 110(a)(2)(L) for the section 110(a)(2)(D)(i)(I) for the 2008 submittal, Washington models estimates 2008 ozone and 2010 NO2 NAAQS by ozone and 2010 NO2 NAAQS will be of ambient concentrations based on 40 virtue of the EPA’s prior approval of addressed in a separate action. Washington’s title V permitting CFR part 51, Appendix W (Guidelines VII. Statutory and Executive Order program. on Air Quality Models) for both Reviews permitting and SIP development. Any 110(a)(2)(M): Consultation/Participation change or substitution from models by Affected Local Entities Under the CAA, the Administrator is specified in 40 CFR part 51, Appendix required to approve a SIP submission W is subject to notice and opportunity CAA section 110(a)(2)(M) requires that complies with the provisions of the for public comment. Modeling was used states to provide for consultation and CAA and applicable Federal regulations. for development of maintenance plans participation in SIP development by 42 U.S.C. 7410(k); 40 CFR 52.02(a). and redesignation to attainment requests local political subdivisions affected by Thus, in reviewing SIP submissions, the for the former 1-hour ozone the SIP. EPA’s role is to approve state choices, nonattainment areas of Puget Sound and State submittal: Washington cites the provided that they meet the criteria of Vancouver, approved by the EPA on following regulations and statutes as the CAA. Accordingly, this proposed September 26, 1996 (61 FR 50438) and pertinent to this infrastructure SIP action merely approves the state’s law May 19, 1997 (62 FR 27204), requirement: WAC 173–400–171 Public as meeting Federal requirements and respectively. More recently, modeling Involvement, RCW 34.05 Administrative does not impose additional was used to develop control measures Procedure Act, RCW 42.30 Open Public requirements beyond those imposed by for the Tacoma-Pierce County fine Meetings Act, and RCW 70.94.240 Air the state’s law. For that reason, this particulate matter nonattainment area, Pollution Control Advisory Council. proposed action:

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• Is not a ‘‘significant regulatory Puyallup Tribe in a letter dated redesignation requests, EPA is also action’’ subject to review by the Office September 3, 2013. The EPA did not proposing to determine that the Areas of Management and Budget under receive a request for consultation. continue to attain the 1997 annual and Executive Order 12866 (58 FR 51735, the 2006 24-hour PM NAAQS. List of Subjects in 40 CFR Part 52 2.5 October 4, 1993); Furthermore, EPA is proposing to • does not impose an information Environmental protection, Air approve as revisions to the collection burden under the provisions pollution control, Incorporation by Pennsylvania State Implementation Plan of the Paperwork Reduction Act (44 reference, Intergovernmental relations, (SIP), the associated maintenance plans U.S.C. 3501 et seq.); Nitrogen dioxide, Ozone, Reporting and to show maintenance of the 1997 annual • is certified as not having a recordkeeping requirements, and and 2006 24-hour PM2.5 NAAQS significant economic impact on a Volatile organic compounds. through 2025 for the Areas. The substantial number of small entities Authority: 42 U.S.C. 7401 et seq. maintenance plans include the 2017 and under the Regulatory Flexibility Act (5 2025 PM and nitrogen oxides (NO ) Dated: October 8, 2014. 2.5 X U.S.C. 601 et seq.); mobile vehicle emissions budgets • does not contain any unfunded Dennis J. McLerran, (MVEBs) for the Areas for the 1997 mandate or significantly or uniquely Regional Administrator, Region 10. annual and the 2006 24-hour PM2.5 affect small governments, as described [FR Doc. 2014–24742 Filed 10–16–14; 8:45 am] NAAQS which EPA is proposing to in the Unfunded Mandates Reform Act BILLING CODE 6560–50–P approve for transportation conformity of 1995 (Pub. L. 104–4); • purposes. EPA is also initiating the does not have Federalism process to determine if these budgets are implications as specified in Executive ENVIRONMENTAL PROTECTION adequate for transportation conformity Order 13132 (64 FR 43255, August 10, AGENCY purposes. In addition, EPA is proposing 1999); to approve as revisions to the • is not an economically significant 40 CFR Parts 52 and 81 Pennsylvania SIP, the 2007 base year regulatory action based on health or [EPA–R03–OAR–2014–0525; FRL–9917–83– emissions inventory for the Areas for safety risks subject to Executive Order Region 3] the 1997 annual and the 2006 24-hour 13045 (62 FR 19885, April 23, 1997); PM2.5 NAAQS. EPA’s proposed • is not a significant regulatory action Approval and Promulgation of Air subject to Executive Order 13211 (66 FR approvals of the maintenance plans and Quality Implementation Plans; MVEBs for the Areas are also contingent 28355, May 22, 2001); Pennsylvania; Redesignation of the • is not subject to the requirements of upon the lifting of the CSAPR stay by Harrisburg-Lebanon-Carlisle-York the D.C. Circuit Court. Section 12(d) of the National Nonattainment Areas to Attainment for DATES: Written comments must be Technology Transfer and Advancement the 1997 Annual and the 2006 24-Hour received on or before November 17, Act of 1995 (15 U.S.C. 272 note) because Fine Particulate Matter Standard this action does not involve technical 2014. standards; and AGENCY: Environmental Protection ADDRESSES: Submit your comments, • does not provide the EPA with the Agency (EPA). identified by Docket ID Number EPA– discretionary authority to address, as ACTION: Proposed rule. R03–OAR–2014–0525 by one of the appropriate, disproportionate human following methods: health or environmental effects, using SUMMARY: The Environmental Protection A. www.regulations.gov. Follow the practicable and legally permissible Agency (EPA) is proposing to approve on-line instructions for submitting methods, under Executive Order 12898 the Commonwealth of Pennsylvania’s comments. (59 FR 7629, February 16, 1994). requests to redesignate to attainment the B. Email: [email protected]. The SIP is not approved to apply on Harrisburg-Lebanon-Carlisle-York C. Mail: EPA–R03–OAR–2014–0525, any Indian reservation land in nonattainment areas (hereafter ‘‘the Cristina Fernandez, Associate Director, Washington except as specifically noted Areas’’) for the 1997 annual and 2006 Office of Air Program Planning, below and is also not approved to apply 24-hour fine particulate matter (PM2.5) Mailcode 3AP30, U.S. Environmental in any other area where the EPA or an national ambient air quality standard Protection Agency, Region III, 1650 Indian tribe has demonstrated that a (NAAQS). This proposed approval is Arch Street, Philadelphia, Pennsylvania tribe has jurisdiction. In those areas of contingent upon the United States Court 19103. Indian country, the rule does not have of Appeals for the District of Columbia D. Hand Delivery: At the previously- tribal implications as specified by (D.C. Circuit Court) granting EPA’s listed EPA Region III address. Such Executive Order 13175 (65 FR 67249, motion to lift the stay of the Cross State deliveries are only accepted during the November 9, 2000), nor will it impose Air Pollution Rule (CSAPR) that the Docket’s normal hours of operation, and substantial direct costs on tribal D.C. Circuit Court issued on December special arrangements should be made governments or preempt tribal law. 30, 2011. EPA is proposing to find that for deliveries of boxed information. Washington’s SIP is approved to apply the attainment of the Areas is in part Instructions: Direct your comments to on non-trust land within the exterior due to the emissions reductions Docket ID No. EPA–R03–OAR–2014– boundaries of the Puyallup Indian resulting from the Clean Air Interstate 0525. EPA’s policy is that all comments Reservation, also known as the 1873 Rule (CAIR) in Pennsylvania and in the received will be included in the public Survey Area. Under the Puyallup Tribe states upwind of Pennsylvania. Thus, if docket without change, and may be of Indians Settlement Act of 1989, 25 the D.C. Circuit Court lifts the stay of made available online at U.S.C. 1773, Congress explicitly CSAPR and grants EPA’s motion to www.regulations.gov, including any provided state and local agencies in begin implementation of CSAPR on personal information provided, unless Washington authority over activities on January 1, 2015, those emission the comment includes information non-trust lands within the 1873 Survey reductions originally required under claimed to be Confidential Business Area. Consistent with EPA policy, the CAIR will be made permanent and Information (CBI) or other information EPA nonetheless provided a enforceable through the implementation whose disclosure is restricted by statute. consultation opportunity to the of CSAPR. In addition to the Do not submit information that you

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consider to be CBI or otherwise V. EPA’s Analysis of Pennsylvania’s SIP demonstrations and associated protected through www.regulations.gov Submittals reasonably available control measures or email. The www.regulations.gov Web A. Redesignation Requests (RACM), reasonable further progress site is an ‘‘anonymous access’’ system, B. Maintenance Plans C. Transportation Conformity (RFP) plans, contingency measures, and which means EPA will not know your VI. Proposed Actions other planning SIP revisions related to identity or contact information unless VII. Statutory and Executive Order Reviews the attainment of the 1997 annual and you provide it in the body of your the 2006 24-hour PM NAAQS are I. Background 2.5 comment. If you send an email suspended until such time as: The Area comment directly to EPA without going The first air quality standards for is redesignated to attainment for the through www.regulations.gov, your PM2.5 were established on July 18, 1997 standard, at which time the section email address will be automatically (62 FR 38652). EPA promulgated an 51.1004(c) requirements no longer captured and included as part of the annual standard at a level of 15 apply; or EPA determines that the Area comment that is placed in the public 3 micrograms per cubic meter (mg/m ), has again violated the standard, at docket and made available on the based on a three-year average of annual which time such plans are required to Internet. If you submit an electronic mean PM2.5 concentrations (the 1997 be submitted. On July 29, 2011 (76 FR comment, EPA recommends that you annual PM2.5 standard). In the same include your name and other contact 45424), EPA also determined that the rulemaking, EPA promulgated a 24-hour Harrisburg and York Areas had attained information in the body of your standard of 65 mg/m3 based on a three- the 1997 annual PM2.5 NAAQS by the comment and with any disk or CD–ROM year average of the 98th percentile of 24- applicable attainment date of April 5, you submit. If EPA cannot read your hour concentrations. comment due to technical difficulties On January 5, 2005 (70 FR 944, 1014), 2010. EPA’s review of the most recent and cannot contact you for clarification, EPA published air quality area certified monitoring data for the Areas show that the Areas continue to attain EPA may not be able to consider your designations for the 1997 PM2.5 NAAQS. comment. Electronic files should avoid In that rulemaking action, EPA the standard. the use of special characters, any form designated the Harrisburg-Lebanon- On April 22, 2014, the of encryption, and be free of any defects Carlisle (Harrisburg) and York Areas as Commonwealth of Pennsylvania, or viruses. nonattainment for the 1997 annual through the Pennsylvania Department of Docket: All documents in the PM2.5 NAAQS. The Harrisburg Area is Environmental Protection (PADEP), electronic docket are listed in the comprised of Cumberland, Dauphin and formally submitted requests to www.regulations.gov index. Although Lebanon Counties; and the York Area is redesignate the Harrisburg and York listed in the index, some information is comprised of York County in Areas from nonattainment to attainment not publicly available, i.e., CBI or other Pennsylvania. See 40 CFR 81.339. for the 1997 annual PM2.5 NAAQS. information whose disclosure is On October 17, 2006 (71 FR 61144), PADEP also formally submitted on April restricted by statute. Certain other EPA retained the annual average 22, 2014, a request to redesignate the material, such as copyrighted material, 3 standard at 15 mg/m , but revised the 24- Harrisburg-York Area from is not placed on the Internet and will be m 3 hour standard to 35 g/m based again nonattainment to attainment for the publicly available only in hard copy on the three-year average of the 98th 2006 24-hour PM NAAQS. form. Publicly available docket percentile of the 24-hour concentrations 2.5 Concurrently, PADEP submitted materials are available either (the 2006 24-hour PM2.5 standard). On electronically in www.regulations.gov or November 13, 2009 (74 FR 58688), EPA maintenance plans for the Areas as SIP in hard copy during normal business published designations for the 2006 24- revisions to ensure continued attainment throughout the Areas over hours at the Air Protection Division, hour PM2.5 standard, which became U.S. Environmental Protection Agency, effective on December 14, 2009. In that the next 10 years. The maintenance Region III, 1650 Arch Street, rulemaking action, EPA designated the plans include the 2017 and 2025 PM2.5 Philadelphia, Pennsylvania 19103. Harrisburg-Lebanon-Carlisle-York and NOX MVEBs for the Areas for the Copies of the State submittal are (Harrisburg-York) Area as 1997 annual and the 2006 24-hour PM2.5 available at the Pennsylvania nonattainment for the 2006 24-hour NAAQS which EPA is proposing to Department of Environmental PM2.5 NAAQS. See 40 CFR 81.339. approve for transportation conformity Protection, Bureau of Air Quality Today’s proposed rulemaking actions purposes. PADEP also submitted a 2007 Control, P.O. Box 8468, 400 Market address the redesignations to attainment comprehensive emissions inventory for Street, Harrisburg, Pennsylvania 17105. for the 1997 annual PM2.5 NAAQS for the 1997 annual and the 2006 PM2.5 FOR FURTHER INFORMATION CONTACT: Rose the Harrisburg and York Areas, and the NAAQS for PM2.5, NOX, sulfur dioxide Quinto, (215) 814–2182, or by email at 2006 24-hour PM2.5 standards for the (SO2), volatile organic compounds [email protected]. Harrisburg-York Area. (VOCs), and ammonia (NH3). EPA is SUPPLEMENTARY INFORMATION: On August 25, 2008 (73 FR 49949) proposing to approve as SIP revisions and on September 25, 2009 (74 FR the maintenance plans for the 1997 Table of Contents 48863), EPA determined that the annual and the 2006 24-hour PM2.5 I. Background Harrisburg and the York Areas, NAAQS. EPA is also proposing to II. EPA’s Requirements respectively, had clean data and approve as SIP revisions the 2007 A. Criteria for Redesignation to Attainment monitored attainment for the 1997 emissions inventory for both standards B. Requirements of a Maintenance Plan annual PM2.5 NAAQS. On March 29, III. Summary of Proposed Actions to meet the emissions inventory 2012 (77 FR 18922), EPA determined requirement of section 172(c)(3) of the IV. Effects of Recent Court Decisions on that the Harrisburg-York Area had clean Proposed Actions CAA. EPA’s proposed approvals are data and monitored attainment for the A. Effects of EME Homer City Decision contingent upon the D.C. Circuit Court B. Effect of the January 4, 2013 D.C. Circuit 2006 24-hour PM2.5 NAAQS. Pursuant to 40 CFR 51.1004(c) and based on these granting EPA’s motion to lift the stay of Court Decision Regarding the PM2.5 CSAPR. Implementation Under Subpart 4 of Part determinations, the requirements for the D of Title I of the CAA Areas to submit attainment

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II. EPA’s Requirements demonstrating that attainment will 2006 24-hour PM2.5 NAAQS. Provided continue to be maintained for the 10 that the D.C. Circuit Court grants EPA’s A. Criteria for Redesignation to years following the initial 10-year motion to lift the December 30, 2011 Attainment period. To address the possibility of stay of CSAPR and tolls CSAPR’s The CAA provides the requirements future NAAQS violations, the compliance deadlines in order to begin for redesignating a nonattainment area maintenance plan must contain such Phase 1 of CSAPR on January 1, 2015, to attainment. Specifically, section contingency measures, with a schedule EPA is proposing to find that the Areas 107(d)(3)(E) of the CAA allows for for implementation, as EPA deems meet the requirements for redesignation redesignation providing that: (1) EPA necessary to assure prompt correction of for the 1997 annual and the 2006 24- determines that the area has attained the any future PM2.5 violations. hour PM2.5 NAAQS under section applicable NAAQS; (2) EPA has fully The 1992 Calcagni Memorandum 107(d)(3)(E) of the CAA. EPA is thus approved the applicable provides additional guidance on the proposing to approve Pennsylvania’s implementation plan for the area under content of a maintenance plan. The requests to change the legal definition section 110(k) of the CAA; (3) EPA memorandum states that a maintenance for the Harrisburg and York Areas from determines that the improvement in air plan should address the following nonattainment to attainment for the quality is due to permanent and provisions: (1) An attainment emissions 1997 annual PM2.5 NAAQS, and the enforceable reductions in emissions inventory; (2) a maintenance Harrisburg-York Area for the 2006 24- resulting from implementation of the demonstration showing maintenance for hour PM2.5 NAAQS. applicable SIP and applicable Federal 10 years; (3) a commitment to maintain EPA is also proposing to approve the air pollutant control regulations and the existing monitoring network; (4) associated maintenance plans for the other permanent and enforceable verification of continued attainment; Areas as revisions to the Pennsylvania reductions; (4) EPA has fully approved and (5) a contingency plan to prevent or SIP for the 1997 annual and the 2006 a maintenance plan for the area as correct future violations of the NAAQS. 24-hour PM2.5 NAAQS, including the meeting the requirements of section Under the CAA, states are required to 2017 and 2025 PM2.5 and NOX MVEBs 175A of the CAA; and (5) the state submit, at various times, control strategy for the Areas. The approval of the containing such area has met all SIP revisions and maintenance plans for maintenance plans is one of the CAA requirements applicable to the area nonattainment areas and for areas criteria for redesignation of the Areas to under section 110 and part D of the seeking redesignation to attainment for attainment for the 1997 annual and the CAA. Each of these requirements are a given NAAQS. These emission control 2006 24-hour PM2.5 NAAQS. discussed in Section V. of today’s strategy SIP revisions (e.g., RFP and Pennsylvania’s maintenance plans are proposed rulemaking action. attainment demonstration SIP revisions) designed to ensure continued EPA provided guidance on and maintenance plans create MVEBs attainment in the Areas for 10 years redesignations in the ‘‘SIPs; General based on onroad mobile source after redesignation for the 1997 annual Preamble for the Implementation of emissions for the relevant criteria and the 2006 24-hour PM2.5 NAAQS. Title I of the CAA Amendments of pollutants and/or their precursors, EPA previously determined that the 1990,’’ (57 FR 13498, April 16, 1992) where appropriate, to address pollution Harrisburg and York Areas have (the ‘‘General Preamble’’) and has from onroad transportation sources. The attained the 1997 annual PM2.5 NAAQS. provided further guidance on processing MVEBs are the portions of the total Therefore, EPA is proposing to find that redesignation requests in the following allowable emissions that are allocated to the Harrisburg and York Areas continue documents: (1) ‘‘Procedures for onroad vehicle use that, together with to attain the 1997 annual PM2.5 NAAQS. Processing Requests to Redesignate emissions from all other sources in the See 76 FR 45424, July 29, 2011. EPA Areas to Attainment,’’ Memorandum area, will provide attainment, RFP, or also previously determined that the from John Calcagni, Director, Air maintenance, as applicable. The budget Harrisburg-York Area had clean data Quality Management Division, serves as a ceiling on emissions from an showing monitored attainment for the September 4, 1992 (hereafter referred to area’s planned transportation system. 2006 24-hour PM2.5 NAAQS. See 77 FR as the ‘‘1992 Calcagni Memorandum’’); Under 40 CFR part 93, a MVEB for an 18922, March 29, 2012. Therefore, EPA (2) ‘‘SIP Actions Submitted in Response area seeking a redesignation to is proposing to find that the Harrisburg- to CAA Deadlines,’’ Memorandum from attainment is established for the last York Area continues to attain the 2006 John Calcagni, Director, Air Quality year of the maintenance plan. 24-hour PM2.5 NAAQS. EPA is also Management Division, October 28, 1992; The maintenance plans for the proposing to approve the 2007 and (3) ‘‘Part D New Source Review Cumberland, Dauphin, Lebanon, and comprehensive emissions inventory that (Part D NSR) Requirements for Areas York Counties in Pennsylvania, includes PM2.5, SO2, NOX, VOC, and Requesting Redesignation to includes the 2017 and 2025 PM2.5 and NH3 for the Areas as revisions to the Attainment,’’ Memorandum from Mary NOX MVEBs for transportation Pennsylvania SIP for the 1997 annual D. Nichols, Assistant Administrator for conformity purposes. The transportation and the 2006 24-hour PM2.5 NAAQS in Air and Radiation, October 14, 1994. conformity determinations for the Areas order to meet the requirements of are further discussed in Section V.C. of section 172(c)(3) of the CAA. EPA’s B. Requirements of a Maintenance Plan today’s proposed rulemaking actions analysis of the proposed actions is Section 175A of the CAA sets forth and technical support documents provided in Section V. of today’s the elements of a maintenance plan for (TSDs) dated September 3, 2014, proposed rulemaking action. areas seeking redesignation from available on line at EPA’s proposed rulemaking actions nonattainment to attainment. Under www.regulations.gov, Docket ID No. are contingent upon the D.C. Circuit section 175A of the CAA, the plan must EPA–OAR–R03–2014–0525. Court granting EPA’s motion to lift the demonstrate continued attainment of stay of CSAPR. If the D.C. Circuit Court the applicable NAAQS for at least 10 III. Summary of Proposed Actions does not lift the stay of CSAPR, EPA years after approval of a redesignation of EPA is proposing to take several will reevaluate the basis for approval of an area to attainment. Eight years after rulemaking actions related to the these proposed redesignations and the redesignation, the state must submit redesignations of the Areas to repropose actions if necessary before a revised maintenance plan attainment for the 1997 annual and the issuing the final rule.

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IV. Effects of Recent Court Decisions on D.C. Circuit Court, EPA has moved to B. Effect of the January 4, 2013 D.C. Proposed Actions have that stay lifted in light of the Circuit Court Decision Regarding PM2.5 Implementation Under Subpart 4 of Part A. Effects of EME Homer City Decision Supreme Court decision. EME Homer City Generation, L.P. v. EPA, Case No. D of Title I of the CAA 1. Background 11–1302, Document No. 1499505 (D.C. 1. Background Cir. filed June 26, 2014). In its motion, In 2008, the D.C. Circuit Court On January 4, 2013, in NRDC v. EPA, EPA asks the D.C. Circuit Court to toll initially vacated CAIR, North Carolina the D.C. Circuit Court remanded to EPA CSAPR’s compliance deadlines by three v. EPA, 531 F.3d 896 (D.C. Cir. 2008), the ‘‘Final Clean Air Fine Particle but ultimately remanded the rule to EPA years, so that the Phase 1 emissions Implementation Rule’’ (72 FR 20586, without vacatur to preserve the budgets apply in 2015 and 2016 (instead April 25, 2007) and the environmental benefits provided by of 2012 and 2013), and the Phase 2 ‘‘Implementation of the New Source CAIR, North Carolina v. EPA, 550 F.3d emissions budgets apply in 2017 and Review (NSR) Program for PM2.5’’ final 1176, 1178 (D.C. Cir. 2008). On August beyond (instead of 2014 and beyond). rule (73 FR 28321, May 16, 2008) 8, 2011 (76 FR 48208), acting on the 2. Proposal on This Issue (collectively, ‘‘1997 PM2.5 D.C. Circuit Court’s remand, EPA Implementation Rule’’). 706 F.3d 428 promulgated CSAPR, to address EPA promulgated CAIR on May 12, (D.C. Cir. 2013). The D.C. Circuit Court interstate transport of emissions and 2005 (70 FR 25162), creating regional found that EPA erred in implementing resulting secondary air pollutants and to cap-and-trade programs to reduce SO the 1997 annual PM2.5 NAAQS pursuant replace CAIR.1 CSAPR requires 2 emissions. CAIR applies to 27 to the general implementation substantial reductions of SO and NO and NOX 2 X eastern states, including Pennsylvania, provisions of subpart 1 of Part D of Title emissions from electric generating units I of the CAA (subpart 1), rather than the (EGUs) in 28 states in the Eastern and the District of Columbia. EPA approved Pennsylvania’s SIP on particulate-matter-specific provisions of United States. Implementation of subpart 4 of Part D of Title I (subpart 4). December 10, 2009 (74 FR 65446) that CSAPR was scheduled to begin on Prior to the January 4, 2013 decision, January 1, 2012, when CSAPR’s cap- addressed the requirements of CAIR for the states had worked towards meeting and-trade programs would have the purpose of reducing SO2 and NOX the air quality goals of the 1997 and emissions and Pennsylvania’s SIP superseded the CAIR cap-and-trade 2006 PM2.5 NAAQS in accordance with programs. Numerous parties filed redesignation requests list CAIR as a EPA regulations and guidance derived petitions for review of CSAPR, and on control measure. CAIR was thus in place from subpart 1 of Part D of Title I of the December 30, 2011, the D.C. Circuit and getting emission reductions in CAA. In response to the D.C. Circuit Court issued an order staying CSAPR Pennsylvania and in states upwind of Court’s remand, EPA took this history pending resolution of the petitions and Pennsylvania when the Areas began into account by setting a new deadline directing EPA to continue to administer monitoring attainment of the 1997 for any remaining submissions that may CAIR. EME Homer City Generation, L.P. annual and the 2006 24-hour PM2.5 be required for moderate nonattainment v. EPA, No. 11–1302 (D.C. Cir. Dec. 30, NAAQS. The quality-assured, certified areas as a result of the D.C. Circuit 2011), Order at 2. monitoring data used to demonstrate Court’s decision regarding the On August 21, 2012, the D.C. Circuit attainment of the Harrisburg and York applicability of subpart 4 of Part D of Court issued its ruling, vacating and Areas for the 1997 annual PM2.5 NAAQS Title I of the CAA. remanding CSAPR to EPA and once by the April 5, 2010 attainment deadline On June 2, 2014 (79 FR 31566), EPA again ordering continued was impacted by CAIR. The Harrisburg- issued a final rule, ‘‘Identification of Nonattainment Classification and implementation of CAIR. EME Homer York Area that has monitored City Generation, L.P. v. EPA, 696 F.3d Deadlines for Submission of SIP attainment of the 2006 24-hour PM2.5 7, 38 (D.C. Cir. 2012). The D.C. Circuit Provisions for the 1997 and 2006 PM2.5 NAAQS was also impacted by CAIR. Court subsequently denied EPA’s NAAQS’’ (the PM2.5 Subpart 4 petition for rehearing en banc. EME Under the tolled compliance deadline Classification and Deadline Rule), Homer City Generation, L.P. v. EPA, No. schedule proposed by EPA in its motion which identifies the classification under 11–1302, 2013 WL 656247 (D.C. Cir. Jan. to lift the CSAPR stay, CAIR would subpart 4 for areas currently designated 24, 2013), at *1. EPA and other parties sunset at the end of 2014 and be nonattainment for the 1997 annual and/ then petitioned the Supreme Court for a replaced by CSAPR beginning January 1, or 2006 24-hour PM2.5 standards. The writ of certiorari, and the Supreme 2015. Provided that the stay is lifted and final rule sets a deadline for states to Court granted the petitions on June 24, EPA’s tolled compliance deadlines are submit attainment plans and meet other 2013. EPA v. EME Homer City put in place, the emission reductions subpart 4 requirements. The final rules Generation, L.P., 133 S. Ct. 2857 (2013). associated with CAIR that helped the specifies December 31, 2014 as the On April 29, 2014, the Supreme Court Areas achieve attainment of the 1997 deadline for states to submit any vacated and reversed the D.C. Circuit annual and the 2006 24-hour PM2.5 additional attainment-related SIP Court’s decision regarding CSAPR, and NAAQS would be permanent and elements that may be needed to meet remanded that decision to the D.C. enforceable for purposes of the applicable requirements of subpart 4 Circuit Court to resolve remaining redesignation under section for areas currently designated issues in accordance with its ruling. 107(d)(3)(E)(iii) of the CAA, because nonattainment for the 1997 PM2.5 and/ EPA v. EME Homer City Generation, or 2006 PM NAAQS and to submit CSAPR requires similar or greater 2.5 L.P., 134 S. Ct. 1584 (2014). Though SIPs addressing the nonattainment new emission reductions from relevant CSAPR remains presently stayed by the source review (NSR) requirements in upwind areas starting in 2015 and subpart 4. 1 beyond. CAIR addressed the 1997 PM2.5 annual NAAQS Therefore, as explained in detail in and the 1997 8-hour ozone NAAQS. CSAPR the following section, any additional addresses contributions from upwind states to downwind nonattainment and maintenance of the attainment-related SIP elements that 2006 24-hour PM2.5 NAAQS as well as the ozone may be needed for the Areas to meet the and PM2.5 NAAQS addressed by CAIR. applicable requirements of subpart 4

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were not due at the time Pennsylvania subpart 4 would impose additional held that EPA was required under the submitted its redesignation requests for requirements for areas designated statute to implement the standard under the Areas. Pennsylvania submitted its nonattainment, EPA believes that those the ozone-specific requirements of requests for redesignation for the requirements are not ‘‘applicable’’ for subpart 2 as well. Subsequent to the Harrisburg and York Areas for the 1997 the purposes of section 107(d)(3)(E) of South Coast decision, in evaluating and PM2.5 NAAQS and the Harrisburg-York the CAA, and thus EPA is not required acting upon redesignation requests for Areas for the 2006 24-hour PM2.5 to consider subpart 4 requirements with the 1997 8-hour ozone standard that NAAQS on April 22, 2014. respect to the redesignation of the were submitted to EPA for areas under Areas. Under its longstanding subpart 1, EPA applied its longstanding 2. Proposal on This Issue interpretation of the CAA, EPA has interpretation of the CAA that In this proposed rulemaking action, interpreted section 107(d)(3)(E) to mean, ‘‘applicable requirements,’’ for purposes EPA addresses the effect of the D.C. as a threshold matter, that the part D of evaluating a redesignation, are those Circuit Court’s January 4, 2013 decision provisions which are ‘‘applicable’’ and that had been due at the time the ruling and the June 2, 2014 PM2.5 which must be approved in order for redesignation request was submitted. Subpart 4 Classification and Deadline EPA to redesignate an area include only See, e.g., Proposed Redesignation of Rule on the Areas redesignation those which came due prior to a state’s Manitowoc County and Door County requests. EPA is proposing to determine submittal of a complete redesignation Nonattainment Areas (75 FR 22047, that the D.C. Circuit Court’s January 4, request. See 1992 Calcagni 22050, April 27, 2010). In those 2013 decision does not prevent EPA Memorandum. See also ‘‘SIP rulemaking actions, EPA therefore, did from redesignating the Areas to Requirements for Areas Submitting not consider subpart 2 requirements to attainment for the 1997 annual and the Requests for Redesignation to be ‘‘applicable’’ for the purposes of 2006 24-hour PM2.5 NAAQS. Even in Attainment of the Ozone and Carbon evaluating whether the area should be light of the D.C. Circuit Court’s decision, Monoxide (CO) NAAQS on or after redesignated under section 107(d)(3)(E) redesignation for these Areas is November 15, 1992,’’ Memorandum of the CAA. appropriate under the CAA and EPA’s from Michael Shapiro, Acting Assistant EPA’s interpretation derives from the longstanding interpretations of the Administrator, Air and Radiation, provisions of section 107(d)(3) of the CAA’s provisions regarding September 17, 1993 (Shapiro CAA. Section 107(d)(3)(E)(v) states that, redesignation. EPA first explains its memorandum); Final Redesignation of for an area to be redesignated, a state longstanding interpretation that Detroit-Ann Arbor, (60 FR 12459, must meet ‘‘all requirements requirements that are imposed, or that 12465–66, March 7, 1995); Final ‘applicable’ to the area under section become due, after a complete Redesignation of St. Louis, Missouri, (68 110 and part D.’’ Section 107(d)(3)(E)(ii) redesignation request is submitted for FR 25418, 25424–27, May 12, 2003); provides that EPA must have fully an area that is attaining the standard, are Sierra Club v. EPA, 375 F.3d 537, 541 approved the ‘‘applicable’’ SIP for the not applicable for purposes of (7th Cir. 2004) (upholding EPA’s area seeking redesignation. These two evaluating a redesignation request. redesignation rulemaking applying this sections read together support EPA’s Second, EPA then shows that, even if interpretation and expressly rejecting interpretation of ‘‘applicable’’ as only EPA applies the subpart 4 requirements Sierra Club’s view that the meaning of those requirements that came due prior to the redesignation requests of the ‘‘applicable’’ under the statute is to submission of a complete Areas and disregards the provisions of ‘‘whatever should have been in the plan redesignation request. its 1997 PM2.5 Implementation Rule at the time of attainment rather than First, holding states to an ongoing recently remanded by the D.C. Circuit whatever actually was in the plan and obligation to adopt new CAA Court, Pennsylvania’s request for already implemented or due at the time requirements that arose after the state redesignation of the Areas still qualifies of attainment’’).2 In this case, at the time submitted its redesignation request, in for approval. EPA’s discussion takes that Pennsylvania submitted its order to be redesignated, would make it into account the effect of the D.C. redesignation requests for the 1997 and problematic or impossible for EPA to act Circuit Court’s ruling and the June 2, the 2006 24-hour PM2.5 NAAQS, the on redesignation requests in accordance 2014 PM2.5 Subpart 4 Classification and requirements under subpart 4 were not with the 18-month deadline Congress Deadline Rule on the maintenance plans due. set for EPA action in section of the Areas, which EPA views as EPA’s view that, for purposes of 107(d)(3)(D). If ‘‘applicable approvable when subpart 4 evaluating the redesignation of the requirements’’ were interpreted to be a requirements are considered. Areas, the subpart 4 requirements were continuing flow of requirements with no not due at the time Pennsylvania reasonable limitation, states, after a. Applicable Requirements Under submitted the redesignation requests is submitting a redesignation request, Subpart 4 for Purposes of Evaluating the in keeping with the EPA’s interpretation would be forced continuously to make Redesignation Requests of the Areas of subpart 2 requirements for subpart 1 additional SIP submissions that in turn With respect to the 1997 PM2.5 ozone areas redesignated subsequent to would require EPA to undertake further Implementation Rule, the D.C. Circuit the D.C. Circuit Court’s decision in notice-and-comment rulemaking actions Court’s January 4, 2013 ruling rejected South Coast Air Quality Mgmt. Dist. v. to act on those submissions. This would EPA’s reasons for implementing the EPA, 472 F.3d 882 (D.C. Cir. 2006). In create a regime of unceasing rulemaking PM2.5 NAAQS solely in accordance with South Coast, the D.C. Circuit Court that would delay action on the the provisions of subpart 1, and found that EPA was not permitted to redesignation request beyond the 18- remanded that matter to EPA, so that it implement the 1997 8-hour ozone month timeframe provided by the CAA could address implementation of the standard solely under subpart 1, and for this purpose. 1997 annual PM2.5 NAAQS under Second, a fundamental premise for subpart 4 of Part D of the CAA, in 2 Applicable requirements of the CAA that come redesignating a nonattainment area to addition to subpart 1. For the purposes due subsequent to the area’s submittal of a complete attainment is that the area has attained of evaluating Pennsylvania’s redesignation request remain applicable until a the relevant NAAQS due to emission redesignation is approved, but are not required as redesignation requests for the Areas, to a prerequisite to redesignation. Section 175A(c) of reductions from existing controls. Thus, the extent that implementation under the CAA. an area for which a redesignation

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request has been submitted would have Areas did not meet their attainment January 4, 2013 decision in NRDC v. already attained the NAAQS as a result deadlines. In that case, petitioners urged EPA, these same statutory requirements of satisfying statutory requirements that the D.C. Circuit Court to make EPA’s also apply for PM2.5 nonattainment came due prior to the submission of the nonattainment determination effective areas. EPA has longstanding general request. Absent a showing that as of the date that the statute required, guidance that interprets the 1990 unadopted and unimplemented rather than the later date on which EPA amendments to the CAA, making requirements are necessary for future actually made the determination. The recommendations to states for meeting maintenance, it is reasonable to view D.C. Circuit Court rejected this view, the statutory requirements for SIPs for the requirements applicable for stating that applying it ‘‘would likely nonattainment areas. See, the General purposes of evaluating the redesignation impose large costs on States, which Preamble. In the General Preamble, EPA request as including only those SIP would face fines and suits for not discussed the relationship of subpart 1 requirements that have already come implementing air pollution prevention and subpart 4 SIP requirements, and due. These are the requirements that led plans . . . even though they were not on pointed out that subpart 1 requirements to attainment of the NAAQS. To require, notice at the time.’’ Id. at 68. Similarly, were to an extent ‘‘subsumed by, or for redesignation approval, that a state it would be unreasonable to penalize integrally related to, the more specific Pennsylvania by rejecting its also satisfy additional SIP requirements PM10 requirements’’ (57 FR 13538, April coming due after the state submits its redesignation requests for areas that are 16, 1992). The subpart 1 requirements complete redesignation request, and already attaining the 1997 annual and include, among other things, provisions while EPA is reviewing it, would 2006 24-hour PM2.5 NAAQS and that for attainment demonstrations, RACM, compel the state to do more than is met all applicable requirements known RFP, emissions inventories, and necessary to attain the NAAQS, without to be in effect at the time of the requests. contingency measures. a showing that the additional For EPA now to reject the redesignation For the purposes of these requirements are necessary for requests solely because Pennsylvania redesignation requests, in order to maintenance. did not expressly address subpart 4 In the context of this redesignation, requirements which have not yet come identify any additional requirements the timing and nature of the D.C. Circuit due and for which it had little to no which would apply under subpart 4, Court’s January 4, 2013 decision in notice, would inflict the same consistent with EPA’s June 2, 2014 NRDC v. EPA and EPA’s June 2, 2014 unfairness condemned by the D.C. PM2.5 Subpart 4 Classification and Deadline Rule, EPA is considering the PM2.5 Subpart 4 Classification and Circuit Court in Sierra Club v. Whitman. Deadline Rule, compound the Areas to be ‘‘moderate’’ PM2.5 b. Subpart 4 Requirements and nonattainment areas. As EPA explained consequences of imposing requirements Pennsylvania’s Redesignation Requests that come due after the redesignation in its June 2, 2014 rule, section 188 of request is submitted. Pennsylvania Even if EPA were to take the view that the CAA provides that all areas submitted its redesignation requests for the D.C. Circuit Court’s January 4, 2013 designated nonattainment areas under decision requires that, in the context of the 1997 annual and 2006 24-hour PM2.5 subpart 4 are initially classified by NAAQS on April 22, 2014 for the Areas, pending redesignations for the 1997 operation of law as ‘‘moderate’’ which is prior to the deadline by which annual and the 2006 24-hour PM2.5 nonattainment areas, and remain the Areas are required to meet the NAAQS, subpart 4 requirements were moderate nonattainment areas unless attainment plan and other requirements due and in effect at the time and until EPA reclassifies the area as a pursuant to subpart 4. Pennsylvania submitted its ‘‘serious’’ nonattainment area. To require Pennsylvania’s fully- redesignation requests, EPA proposes to Accordingly, EPA believes that it is completed and pending redesignation determine that the Areas still qualify for appropriate to limit the evaluation of requests for the 1997 annual and 2006 redesignation to attainment for the 1997 the potential impact of subpart 4 annual and the 2006 24-hour PM2.5 24-hour PM2.5 NAAQS to comply now requirements to those that would be with requirements of subpart 4 that the NAAQS. As explained subsequently, applicable to moderate nonattainment D.C. Circuit Court announced only in EPA believes that the redesignation areas. Sections 189(a) and (c) of subpart January 2013 and for which the request for the Areas, though not 4 apply to moderate nonattainment deadline to comply has not yet come, expressed in terms of subpart 4 areas and include the following: (1) An would be to give retroactive effect to requirements, substantively meet the approved permit program for such requirements and provide requirements of that subpart for construction of new and modified major Pennsylvania a unique and earlier purposes of redesignating the Areas to stationary sources (section 189(a)(1)(A)); deadline for compliance solely on the attainment for the 1997 annual and the (2) an attainment demonstration (section basis of submitting its redesignation 2006 24-hour PM2.5 NAAQS. 189(a)(1)(B)); (3) provisions for RACM requests for the Areas. The D.C. Circuit With respect to evaluating the (section 189(a)(1)(C)); and (4) Court recognized the inequity of this relevant substantive requirements of quantitative milestones demonstrating type of retroactive impact in Sierra Club subpart 4 for purposes of redesignating RFP toward attainment by the v. Whitman, 285 F.3d 63 (D.C. Cir. the Areas, EPA notes that subpart 4 applicable attainment date (section 2002),3 where it upheld the D.C. Circuit incorporates components of subpart 1 of 189(c)). part D, which contains general air Court’s ruling refusing to make The permit requirements of subpart 4, quality planning requirements for areas retroactive EPA’s determination that the as contained in section 189(a)(1)(A), designated as nonattainment. See refer to and apply the subpart 1 permit section 172(c). Subpart 4 itself contains 3 Sierra Club v. Whitman was discussed and provisions requirements of sections 172 specific planning and scheduling distinguished in a recent D.C. Circuit Court and 173 to PM , without adding to decision that addressed retroactivity in a quite requirements for coarse particulate 10 different context, where, unlike the situation here, 4 them. Consequently, EPA believes that matter (PM10) nonattainment areas, EPA sought to give its regulations retroactive effect. section 189(a)(1)(A) does not itself and under the D.C. Circuit Court’s National Petrochemical and Refiners Ass’n v. EPA. impose for redesignation purposes any 630 F.3d 145, 163 (D.C. Cir. 2010), rehearing denied 4 additional requirements for moderate 643 F.3d 958 (D.C. Cir. 2011), cert denied 132 S. PM10 refers to particulates nominally 10 Ct. 571 (2011). micrometers in diameter or smaller. areas beyond those contained in subpart

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1.5 In any event, in the context of only have meaning for areas not for the 1997 annual and the 2006 24- redesignation, EPA has long relied on attaining the standard.’’ hour PM2.5 NAAQS. Thus, EPA is the interpretation that a fully approved It is evident that even if we were to proposing to conclude that the nonattainment NSR program is not consider the D.C. Circuit Court’s January requirements to submit an attainment considered an applicable requirement 4, 2013 decision in NRDC v. EPA to demonstration under 189(a)(1)(B), a for redesignation, provided the area can mean that attainment-related RACM determination under section maintain the standard with a prevention requirements specific to subpart 4 172(c)(1) and section 189(a)(1)(c), a RFP of significant deterioration (PSD) should be imposed retroactively 7 or demonstration under 189(c)(1), and program after redesignation. A detailed prior to December 31, 2014 and thus, contingency measure requirements rationale for this view is described in a were due prior to Pennsylvania’s under section 172(c)(9) are satisfied for memorandum from Mary Nichols, redesignation requests, those purposes of evaluating these Assistant Administrator for Air and requirements do not apply to areas that redesignation requests. Radiation, dated October 14, 1994, are attaining the 1997 annual and the c. Subpart 4 and Control of PM2.5 entitled, ‘‘Part D NSR Requirements for 2006 24-hour PM2.5 NAAQS, for the Precursors Areas Requesting Redesignation to purpose of evaluating pending requests Attainment.’’ See also rulemakings for to redesignate the areas to attainment. The D.C. Circuit Court in NRDC v. Detroit, Michigan (60 FR 12467–12468, EPA has consistently enunciated this EPA remanded to EPA the two rules at March 7, 1995); Cleveland-Akron- interpretation of applicable issue in the case with instructions to Lorain, Ohio (61 FR 20458, 20469– requirements under section 107(d)(3)(E) EPA to re-promulgate them consistent 20470, May 7, 1996); Louisville, since the General Preamble was with the requirements of subpart 4. EPA Kentucky (66 FR 53665, October 23, published more than twenty years ago. in this section addresses the D.C. Circuit 2001); and Grand Rapids, Michigan (61 Courts have recognized the scope of Court’s opinion with respect to PM2.5 FR 31834–31837, June 21, 1996). EPA’s authority to interpret ‘‘applicable precursors. While past implementation With respect to the specific requirements’’ in the redesignation of subpart 4 for PM10 has allowed for attainment planning requirements under context. See Sierra Club v. EPA, 375 control of PM10 precursors such as NOX subpart 4,6 when EPA evaluates a F.3d 537 (7th Cir. 2004). from major stationary, mobile, and area redesignation request under either Moreover, even outside the context of sources in order to attain the standard subpart 1 or 4, any area that is attaining redesignations, EPA has viewed the as expeditiously as practicable, section the PM2.5 NAAQS is viewed as having obligations to submit attainment-related 189(e) of the CAA specifically provides satisfied the attainment planning SIP planning requirements of subpart 4 that control requirements for major requirements for these subparts. For as inapplicable for areas that EPA stationary sources of direct PM10 shall redesignations, EPA has for many years determines are attaining the1997 annual also apply to PM10 precursors from interpreted attainment-linked and 2006 24-hour PM2.5 NAAQS. EPA’s those sources, except where EPA requirements as not applicable for areas prior ‘‘Clean Data Policy’’ rulemakings determines that major stationary sources attaining the standard. In the General for the PM10 NAAQS, also governed by of such precursors ‘‘do not contribute Preamble, EPA stated that: ‘‘The the requirements of subpart 4, explain significantly to PM10 levels which requirements for RFP will not apply in EPA’s reasoning. They describe the exceed the standard in the area.’’ evaluating a request for redesignation to effects of a determination of attainment EPA’s 1997 PM2.5 Implementation attainment since, at a minimum, the air on the attainment-related SIP planning Rule, remanded by the D.C. Circuit quality data for the area must show that requirements of subpart 4. See Court, contained rebuttable the area has already attained. Showing ‘‘Determination of Attainment for Coso presumptions concerning certain PM2.5 that the State will make RFP towards Junction Nonattainment Area,’’ (75 FR precursors applicable to attainment attainment will, therefore, have no 27944, May 19, 2010). See also Coso plans and control measures related to meaning at that point.’’ Junction Proposed PM10 Redesignation, those plans. Specifically, in 40 CFR The General Preamble also explained (75 FR 36023, 36027, June 24, 2010); 51.1002, EPA provided, among other that: ‘‘[t]he section 172(c)(9) Proposed and Final Determinations of things, that a state was ‘‘not required to requirements are directed at ensuring Attainment for San Joaquin address VOC [and NH3] as . . . PM2.5 RFP and attainment by the applicable Nonattainment Area (71 FR 40952, attainment plan precursor[s] and to date. These requirements no longer 40954–55, July 19, 2006; and 71 FR evaluate sources of VOC [and NH3] apply when an area has attained the 63641, 63643–47, October 30, 2006). In emissions in the State for control standard and is eligible for short, EPA in this context has also long measures.’’ EPA intended these to be redesignation. Furthermore, section concluded that to require states to meet rebuttable presumptions. EPA 175A for maintenance plans . . . superfluous SIP planning requirements established these presumptions at the provides specific requirements for is not necessary and not required by the time because of uncertainties regarding contingency measures that effectively CAA, so long as those areas continue to the emission inventories for these supersede the requirements of section attain the relevant NAAQS. pollutants and the effectiveness of 172(c)(9) for these areas.’’ Id. EPA Elsewhere in this document, EPA specific control measures in various similarly stated in its 1992 Calcagni determined that the Areas have attained regions of the country in reducing PM2.5 Memorandum that, ‘‘The requirements and continue to attain the 1997 annual concentrations. EPA also left open the for reasonable further progress and other and the 2006 24-hour PM2.5 NAAQS. possibility for such regulation of VOC measures needed for attainment will not Under its longstanding interpretation, and NH3 in specific areas where that apply for redesignations because they EPA is proposing to determine here that was necessary. the Areas meet the attainment-related The D.C. Circuit Court in its January 5 The potential effect of section 189(e) on section plan requirements of subparts 1 and 4 4, 2013 decision made reference to both 189(a)(1)(A) for purposes of evaluating this section 189(e) and 40 CFR 51.1002, and redesignation is discussed in this rulemaking 7 As EPA has explained above, we do not believe stated that, ‘‘In light of our disposition, action. that the D.C. Circuit Court’s January 4, 2013 we need not address the petitioners’ 6 EPA refers to attainment demonstration, RFP, decision should be interpreted so as to impose these RACM, milestone requirements, and contingency requirements on the states retroactively. Sierra Club challenge to the presumptions in [40 measures. v. Whitman, supra. CFR 51.1002] that VOCs and NH3 are

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not PM2.5 precursors, as subpart 4 Under subpart 1 and EPA’s prior enforceable emission reductions, and to expressly governs precursor implementation rule, all major demonstrate that controls in place can presumptions.’’ NRDC v. EPA, at 27, stationary sources of PM2.5 precursors continue to maintain the standard. n.10. were subject to regulation, with the Thus, even if we regard the D.C. Circuit Elsewhere in the D.C. Circuit Court’s exception of NH3 and VOC. Thus EPA Court’s January 4, 2013 decision as opinion, however, the D.C. Circuit Court must address here whether additional calling for ‘‘presumptive regulation’’ of observed: ‘‘NH3 is a precursor to fine controls of NH3 and VOC from major NH3 and VOC for PM2.5 under the particulate matter, making it a precursor stationary sources are required under attainment planning provisions of to both PM2.5 and PM10. For a PM10 section 189(e) of subpart 4 in order to subpart 4, those provisions in and of nonattainment area governed by subpart redesignate the Areas for the 1997 themselves do not require additional 4, a precursor is presumptively annual and the 2006 24-hour PM2.5 controls of these precursors for an area regulated. See 42 U.S.C. 7513a(e) NAAQS. As explained subsequently, that already qualifies for redesignation. [section 189(e)].’’ Id. at 21, n.7. EPA does not believe that any Nor does EPA believe that requiring For a number of reasons, EPA believes additional controls of NH3 and VOC are Pennsylvania to address precursors that its proposed redesignation of the required in the context of these differently than it has already would Areas for the 1997 annual and the 2006 redesignations. result in a substantively different In the General Preamble, EPA 24-hour PM2.5 NAAQS are consistent outcome. with the D.C. Circuit Court’s decision on discusses its approach to implementing Although, as EPA has emphasized, its this aspect of subpart 4. While the D.C. section 189(e). See 57 FR 13538–13542. consideration here of precursor Circuit Court, citing section 189(e), With regard to precursor regulation requirements under subpart 4 is in the under section 189(e), the General context of a redesignation to attainment, stated that ‘‘for a PM10 area governed by subpart 4, a precursor is ‘presumptively’ Preamble explicitly stated that control EPA’s existing interpretation of subpart regulated,’’ the D.C. Circuit Court of VOC under other CAA requirements 4 requirements with respect to expressly declined to decide the specific may suffice to relieve a state from the precursors in attainment plans for PM10 need to adopt precursor controls under contemplates that states may develop challenge to EPA’s 1997 PM2.5 Implementation Rule provisions section 189(e). See 57 FR 13542. EPA in attainment plans that regulate only this rulemaking action, proposes to those precursors that are necessary for regarding NH3 and VOC as precursors. The D.C. Circuit Court had no occasion determine that the Pennsylvania SIP purposes of attainment in the area in to reach whether and how it was revisions have met the provisions of question, i.e., states may determine that substantively necessary to regulate any section 189(e) with respect to NH3 and only certain precursors need be VOC as precursors. These proposed regulated for attainment and control specific precursor in a particular PM2.5 10 nonattainment area, and did not address determinations are based on EPA’s purposes. Courts have upheld this what might be necessary for purposes of findings that: (1) The Areas contain no approach to the requirements of subpart major stationary sources of NH and (2) 4 for PM .11 EPA believes that acting upon a redesignation request. 3, 10 existing major stationary sources of VOC application of this approach to PM However, even if EPA takes the view 2.5 are adequately controlled under other precursors under subpart 4 is that the requirements of subpart 4 were provisions of the CAA regulating the reasonable. Because the Areas have deemed applicable at the time the state ozone NAAQS.9 In the alternative, EPA already attained the 1997 annual and submitted the redesignation request, proposes to determine that, under the the 2006 24-hour PM NAAQS with its and disregards the 1997 PM 2.5 2.5 express exception provisions of section current approach to regulation of PM Implementation Rule’s rebuttable 2.5 189(e), and in the context of the precursors, EPA believes that it is presumptions regarding NH3 and VOC redesignation of the Areas, which are reasonable to conclude in the context of as PM2.5 precursors, the regulatory attaining the 1997 annual and the 2006 these redesignations that there is no consequence would be to consider the 24-hour PM2.5 NAAQS, at present NH3 need to revisit the attainment control need for regulation of all precursors and VOC precursors from major strategy with respect to the treatment of from any sources in the Areas to stationary sources do not contribute precursors. Even if the D.C. Circuit demonstrate attainment and to apply the significantly to levels exceeding the Court’s decision is construed to impose section 189(e) provisions to major 1997 annual and the 2006 24-hour PM2.5 an obligation, in evaluating these stationary sources of precursors. In the NAAQS in the Areas. See 57 FR 13539– redesignation requests, to consider case of the Areas, EPA believes that 42. additional precursors under subpart 4, it doing so is consistent with proposing EPA notes that its 1997 PM2.5 would not affect EPA’s approval here of redesignation of the Areas for the 1997 Implementation Rule provisions in 40 Pennsylvania’s requests for annual and the 2006 24-hour PM2.5 CFR 51.1002 were not directed at redesignation of the Areas for the 1997 NAAQS. The Areas have attained the evaluation of PM2.5 precursors in the annual and the 2006 24-hour PM2.5 1997 annual and the 2006 24-hour PM2.5 context of redesignation, but at SIP NAAQS. In the context of a NAAQS without any specific additional plans and control measures required to redesignation, the Areas have shown controls of NH3 and VOC emissions bring a nonattainment area into that they have attained the standards. from any sources in the Areas. attainment of the 1997 annual PM2.5 Moreover, Pennsylvania has shown and Precursors in subpart 4 are NAAQS. By contrast, redesignation to EPA has proposed to determine that specifically regulated under the attainment primarily requires the provisions of section 189(e), which nonattainment area to have already 10 See, e.g., ‘‘Approval and Promulgation of requires, with important exceptions, attained due to permanent and Implementation Plans for California—San Joaquin control requirements for major Valley PM10 Nonattainment Area; Serious Area Plan 8 for Nonattainment of the 24-Hour and Annual PM10 stationary sources of PM10 precursors. and precursor emissions, and adopt those measures Standards,’’ (69 FR 30006, May 26, 2004) that are deemed reasonably available. (approving a PM10 attainment plan that impose 8 Under either subpart 1 or subpart 4, for 9 The Areas have reduced VOC emissions through controls on direct PM10 and NOX emissions and did purposes of demonstrating attainment as the implementation of various control programs not impose controls on SO2, VOC, or NH3 expeditiously as practicable, a state is required to including VOC Reasonably Available Control emissions). evaluate all economically and technologically Technology (RACT) regulations and various on-road 11 See, e.g., Assoc. of Irritated Residents v. EPA feasible control measures for direct PM emissions and non-road motor vehicle control programs. et al., 423 F.3d 989 (9th Cir. 2005).

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attainment of the 1997 annual and the NAAQS; and (3) to approve the 2007 pertinent air quality issues underlying 2006 24-hour PM2.5 NAAQS in these comprehensive emissions inventory into this determination was provided in the Areas are due to permanent and the Pennsylvania SIP to satisfy section July 29, 2011 final rulemaking action for enforceable emissions reductions on all 172(c)(3) of the CAA requirement for the EPA’s determination of attainment for precursors necessary to provide for Areas, one of the criteria for these Areas. continued attainment of the standards. redesignation. EPA’s proposed Also noted previously, in the final See Section V.A.3 of this rulemaking approvals of the redesignation requests rulemaking action dated March 29, 2012 notice. It follows logically that no and maintenance plans for the 1997 (77 FR 18922), EPA determined that the further control of additional precursors annual and the 2006 24-hour PM2.5 Harrisburg-York Area had clean data for is necessary. Accordingly, EPA does not NAAQS are based upon EPA’s the 2006 24-hour PM2.5 NAAQS. EPA view the January 4, 2013 decision of the determination that the Areas continue to based this determination upon D.C. Circuit Court as precluding attain the 1997 annual and the 2006 24- complete, quality assured, quality redesignation of the Areas to attainment hour PM2.5 NAAQS, which EPA is controlled, and certified ambient air for the 1997 annual and the 2006 24- proposing in this rulemaking action, monitoring data showing that the Area hour PM2.5 NAAQS at this time. and that all other redesignation criteria has monitored attainment of the 2006 In summary, even if, prior to the date have been met for the Areas. In 24-hour PM2.5 NAAQS based on the of the redesignation request submittal, addition, EPA is proposing to approve 2008–2010 data in EPA’s Air Quality Pennsylvania was required to address the 2017 and 2025 MVEBs for System (AQS) database. precursors for the Areas under subpart Cumberland, Dauphin, Lebanon and EPA has reviewed the ambient air 4 rather than under subpart 1, as York Counties, Pennsylvania for quality PM2.5 monitoring data in the interpreted in EPA’s remanded 1997 transportation conformity purposes. The Areas consistent with the requirements PM2.5 Implementation Rule, EPA would following is a description of how the contained at 40 CFR part 50, and still conclude that the Areas had met all Pennsylvania April 22, 2014 submittals recorded in EPA’s AQS database. To applicable requirements for purposes of satisfy the requirements of section support the previous determination of redesignation in accordance with 107(d)(3)(E) of the CAA for the 1997 attainment of the Areas, EPA has also section 107(d)(3(E)(ii) and (v) of the annual and the 2006 24-hour PM2.5 reviewed more recent data in its AQS CAA. NAAQS. database, including certified, quality- assured data for the period from 2008– V. EPA’s Analysis of Pennsylvania’s SIP A. Redesignation Requests 2010, 2009–2011, 2010–2012 and 2011– Submittals 1. Attainment 2013. These data, shown in Tables 1, 2, EPA is proposing, contingent upon As noted previously, in the final and 3 show that the Areas continue to the D.C. Circuit Court’s lifting of the rulemaking action dated July 29, 2011 attain the 1997 annual and the 2006 24- stay of CSAPR, several rulemaking (76 FR 45424), EPA determined that the hour PM2.5 NAAQS. In addition, as actions for the Harrisburg-Lebanon- Harrisburg and York nonattainment discussed subsequently with respect to Carlisle-York nonattainment areas: (1) areas had attained the 1997 annual the maintenance plans, PADEP has To redesignate the Harrisburg and York PM2.5 NAAQS by its applicable committed to continue monitoring Areas to attainment for the 1997 annual attainment date. EPA based this ambient PM2.5 concentrations in PM2.5 NAAQS, and to redesignate the determination of attainment upon accordance with 40 CFR part 58. Thus, Harrisburg-York Area to attainment for complete, quality-assured and certified EPA is proposing to determine that the the 2006 24-hour PM2.5 NAAQS; (2) to ambient air quality monitoring data for Areas continue to attain the 1997 annual approve into the Pennsylvania SIP, the the period of 2007–2009 showing that and the 2006 24-hour PM2.5 NAAQS, associated maintenance plans for the the Areas had attained the 1997 annual contingent upon the DC Circuit Court’s 1997 annual and the 2006 24-hour PM2.5 PM2.5 NAAQS. Further discussion of lifting the stay of CSAPR.

3 TABLE 1—DESIGN VALUES FOR THE HARRISBURG AREA FOR THE 1997 ANNUAL PM2.5 NAAQS (μG/M ) FOR 2008–2010, 2009–2011, 2010–2012, AND 2011–2013 (15 μG/M3)

Monitor ID # 2008–2010 2009–2011 2010–2012 2011–2013

Cumberland 42–041–0101 ...... 11.6 11.0 11.0 11.0 Dauphin 42–043–0401 ...... 12.4 12.1 11.9 11.9

3 TABLE 2—DESIGN VALUES FOR THE YORK AREA FOR THE 1997 ANNUAL PM2.5 NAAQS (μG/M ) FOR 2008–2010, 2009– 2011, 2010–2012, AND 2011–2013 (15 μG/M3)

Monitor ID # 2008–2010 2009–2011 2010–2012 2011–2013

Hill Street 42–133–0008 ...... 12.2 11.5 11.7 11.3

3 TABLE 3—DESIGN VALUES FOR THE HARRISBURG/YORK AREA FOR THE 2006 24-HOUR PM2.5 NAAQS (μG/M ) FOR 2008–2010, 2009–2011, 2010–2012, AND 2011–2013 (35 μG/M3)

Monitor ID # 2008–2010 2009–2011 2010–2012 2011–2013

Cumberland 42–041–0101 ...... 32 31 30 32 Dauphin 42–043–0401 ...... 33 32 31 31 York 42–133–0008 ...... 30 28 29 29

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2. The Areas Have Met All Applicable nonattainment area’s designation and applicable to PM2.5 nonattainment areas. Requirements Under Section 110 and classifications are the relevant measures Under section 172 of the CAA, states Subpart 1 of the CAA and Have a Fully to evaluate in reviewing a redesignation with nonattainment areas must submit Approved SIP Under Section 110(k) of request. The transport SIP submittal plans providing for timely attainment the CAA requirements, where applicable, and meet a variety of other In accordance with section continue to apply to a state regardless of requirements. The General Preamble for 107(d)(3)(E)(v) of the CAA, the SIP the designation of any one particular Implementation of Title I discusses the revisions for the 1997 annual and the area in the state. Thus, EPA does not evaluation of these requirements in the 2006 24-hour PM NAAQS for the believe that these requirements are context of EPA’s consideration of a 2.5 applicable requirements for purposes of Areas must be fully approved under redesignation request. The General redesignation. section 110(k) of the CAA and all the Preamble sets forth EPA’s view of In addition, EPA believes that the requirements applicable to the Areas applicable requirements for purposes of other section 110(a)(2) elements of the evaluating redesignation requests when under section 110 of the CAA (general CAA not connected with nonattainment SIP requirements) and part D of Title I an area is attaining the standard. See 57 plan submissions and not linked with FR 13498 (April 16, 1992). of the CAA (SIP requirements for an area’s attainment status are not nonattainment areas) must be met. As noted previously, EPA has applicable requirements for purposes of determined that the Areas have attained a. Section 110 General SIP redesignation. The Areas will still be the 1997 annual and the 2006 24-hour subject to these requirements after it is Requirements PM2.5 NAAQS. Pursuant to 40 CFR redesignated. EPA concludes that Section 110(a)(2) of Title I of the CAA 51.2004(c), the requirement for section 110(a)(2) of the CAA and part D delineates the general requirements for Pennsylvania to submit, for the Areas, requirements which are linked with a a SIP, which include enforceable attainment demonstrations and particular area’s designation and emissions limitations and other control associated RACM, RFP plans, classification are the relevant measures measures, means, or techniques, contingency measures, and other to evaluate in reviewing a redesignation planning SIPs related to the attainment provisions for the establishment and request, and that section 110(a)(2) operation of appropriate devices of the 1997 annual and the 2006 24-hour elements of the CAA not linked in the PM NAAQS are suspended until the necessary to collect data on ambient air area’s nonattainment status are not 2.5 quality, and programs to enforce the Areas are redesignated to attainment for applicable for purposes of the standards, or EPA determines that limitations. The general SIP elements redesignation. This approach is and requirements set forth in section the Areas again violated the standards, consistent with EPA’s existing policy on at which time such plans are required 110(a)(2) of the CAA include, but are applicability of conformity (i.e., for to be submitted. Since attainment had not limited to the following: (1) redesignations) and oxygenated fuels been reached for the Areas for the 1997 Submittal of a SIP that has been adopted requirement. See Reading, annual and the 2006 24-hour PM by the state after reasonable public Pennsylvania, proposed and final 2.5 NAAQS and the Areas continue to notice and hearing; (2) provisions for rulemakings (61 FR 53174, October 10, attain the standards, no additional establishment and operation of 1996), (62 FR 24826, May 7, 1997); measures are needed to provide for appropriate procedures needed to Cleveland-Akron-Lorain, Ohio final attainment. Therefore, the requirements monitor ambient air quality; (3) rulemaking (61 FR 20458, May 7, 1996); of sections 172(c)(1), 172(c)(2), implementation of a source permit and Tampa, Florida final rulemaking (60 172(c)(6), and 172(c)(9) of the CAA are program; provisions for the FR 62748, December 7, 1995). See also implementation of part C requirements the discussion on this issue in the no longer considered to be applicable (PSD); (4) provisions for the Cincinnati, Ohio redesignation (65 FR for purposes of redesignation of the implementation of part D requirements 37890, June 19, 2000) and in the Areas for the 1997 annual and the 2006 for NSR permit programs; (5) provisions Pittsburgh, Pennsylvania redesignation 24-hour PM2.5 NAAQS. for air pollution modeling; and (6) (66 FR 53099, October 19, 2001). The requirement under section provisions for public and local agency EPA has reviewed the Pennsylvania 172(c)(3) was not suspended by EPA’s participation in planning and emission SIP and has concluded that it meets the clean data determination for the 1997 control rule development. general SIP requirements under section annual and the 2006 24-hour PM2.5 Section 110(a)(2)(D) of the CAA 110(a)(2) of the CAA to the extent they NAAQS and is the only remaining requires that SIPs contain certain are applicable for purposes of requirement under section 172 of the measures to prevent sources in a state redesignation. EPA has previously CAA to be considered for purposes of from significantly contributing to air approved provisions of Pennsylvania’s redesignation of the Areas. quality problems in another state. To SIP addressing section 110(a)(2) Section 172(c)(3) of the CAA requires implement this provision, EPA has requirements, including provisions submission and approval of a required certain states to establish addressing PM2.5. See 77 FR 58955 comprehensive, accurate and current programs to address the interstate (September 25, 2012). These inventory of actual emissions. As part of transport of air pollutants in accordance requirements are, however, statewide Pennsylvania’s redesignation request with the NOX SIP Call (63 FR 57356, requirements that are not linked to the submittals, Pennsylvania submitted a October 27, 1998), amendments to the PM2.5 nonattainment status of the Areas. 2007 base year emissions inventory for NOX SIP Call (64 FR 26298, May 14, Therefore, EPA believes that these SIP the Areas for the 1997 annual and the 1999 and 65 FR 11222, March 2, 2000), elements are not applicable 2006 24-hour PM2.5 NAAQS which and CAIR (70 FR 25162, May 12, 2005). requirements for purposes of review of includes emissions estimates that cover However, section 110(a)(2)(D) of the Pennsylvania’s PM2.5 redesignation the general source categories of point CAA requirements for a state are not requests. sources, nonroad mobile sources, area linked with a particular nonattainment sources and on-road mobile sources. area’s designation and classification in b. Subpart 1 Requirements The pollutants that comprise the that state. EPA believes that the Subpart 1 sets forth the basic inventory are NOX, VOC, PM2.5, NH3, requirements linked with a particular nonattainment plan requirements and SO2.

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In this rulemaking action, EPA is section 172(c)(3) of the CAA. For more 13, 2014 available on line at proposing to approve the 2007 base year information on the evaluation and www.regulations.gov, Docket ID No. emissions inventory in accordance with EPA’s analysis of the 2007 base year EPA–OAR–R03–2014–0525. The section 172(c)(3) of the CAA for the emissions inventory, see Appendices B summaries of the 2007 base year Areas. Final approval of the 2007 base and C of Pennsylvania’s submittals and emissions inventory in tons per year year emissions inventory will satisfy the the emissions inventory technical (tpy) are shown in Tables 4, 5, and 6. emissions inventory requirement under support documents (TSDs) dated August

TABLE 4—HARRISBURG AREA 2007 EMISSIONS BY SOURCE SECTOR

Sector PM10 PM2.5 NOX SO2 NH3 VOC

Point ...... 1,260 584 4,786 1,808 17 840 Area ...... 8,944 3,059 2,194 3,216 6,935 8,768 Nonroad ...... 369 346 4,443 188 4 4,489 Onroad ...... 1,013 866 25,194 175 347 8,220

Total ...... 11,586 4,855 36,617 5,388 7,302 22,317

TABLE 5—YORK AREA 2007 EMISSIONS BY SOURCE SECTOR

Sector PM10 PM2.5 NOX SO2 NH3 VOC

Point ...... 3,556 2,462 22,164 115,901 80 1,320 Area ...... 8,093 2,394 1,680 1,684 3,316 5,956 Nonroad ...... 214 202 2,660 135 2 1,833 Onroad ...... 430 358 10,684 78 161 4,810

Total ...... 12,292 5,417 37,189 117,798 3,559 13,920

TABLE 6—HARRISBURG-YORK AREA 2007 EMISSIONS BY SOURCE SECTOR

Sector PM10 PM2.5 NOX SO2 NH3 VOC

Point ...... 4,815 3,046 26,950 117,709 96 2,160 Area ...... 17,037 5,452 3,874 4,900 10,250 14,724 Nonroad ...... 582 548 7,104 323 6 6,322 Onroad ...... 1,443 1,225 35,878 254 509 13,030

Total ...... 23,878 10,271 73,806 123,185 10,861 36,236

Section 172(c)(4) of the CAA requires regulation at 25 Pa. Code 127.201. See maintenance of the 1997 annual and the the identification and quantification of 77 FR 41276 (July 13, 2012) (approving 2006 24-hour PM2.5 NAAQS in the allowable emissions for major new and NSR program into the SIP). See also 49 Areas for at least 10 years after modified stationary sources in an area, FR 33127 (August 21, 1984) (approving redesignation, through 2025. and section 172(c)(5) of the CAA Pennsylvania’s PSD program). However, Pennsylvania is requesting that EPA requires source permits for the Pennsylvania’s PSD program for the approve these SIP revisions as meeting construction and operation of new and 1997 annual and the 2006 24-hour PM2.5 the requirement of section 175A of the modified major stationary sources NAAQS will become effective in the CAA. Once approved, the maintenance anywhere in the nonattainment area. Areas upon redesignation to attainment. plans for the Areas will ensure that the EPA has determined that, since the PSD See 49 FR 33128 (August 21, 1984) SIPs for Pennsylvania meet the requirements will apply after (approving PSD program into the SIP). requirements of the CAA regarding Section 172(c)(7) of the CAA requires redesignation, areas being redesignated maintenance of the 1997 annual and the the SIP to meet the applicable 2006 24-hour PM NAAQS for the need not comply with the requirement 2.5 provisions of section 110(a)(2) of the Areas. EPA’s analysis of the that a nonattainment NSR program be CAA. As noted previously, EPA believes maintenance plan is provided in Section approved prior to redesignation, the Pennsylvania SIP revisions meet the V.B. of today’s proposed rulemaking provided that the area demonstrates requirements of section 110(a)(2) of the action. maintenance of the NAAQS without CAA that are applicable for purposes of Section 176(c) of the CAA requires part D NSR. A more detailed rationale redesignation. states to establish criteria and for this view is described in a Section 175A of the CAA requires a procedures to ensure that Federally memorandum from Mary Nichols, state seeking redesignation to supported or funded projects conform to Assistant Administrator for Air and attainment to submit a SIP revision to the air quality planning goals in the Radiation, dated October 14, 1994 provide for the maintenance of the applicable SIP. The requirement to entitled, ‘‘Part D NSR Requirements for NAAQS in the area ‘‘for at least 10 years determine conformity applies to Areas Requesting Redesignation to after the redesignation.’’ In conjunction transportation plans, programs, and Attainment.’’ Nevertheless, with its request to redesignate the Area projects developed, funded or approved Pennsylvania currently has an approved to attainment status, Pennsylvania under Title 23 of the United States Code NSR program, codified in the State’s submitted SIP revisions to provide for (U.S.C.) and the Federal Transit Act

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(transportation conformity) as well as to proposed in this rulemaking action, EPA applicable Federal air pollution control all other Federally supported or funded will have fully SIP-approved all regulations and other permanent and projects (general conformity). State applicable requirements of the enforceable reductions.12 In making this transportation conformity SIP revisions Pennsylvania SIP revisions for the Areas demonstration, Pennsylvania has must be consistent with Federal for purposes of redesignaton to calculated the change in emissions conformity regulations relating to attainment for the 1997 annual and the between 2002 for the Harrisburg Area consultation, enforcement and 2006 24-hour PM2.5 NAAQS in and 2005 for the York and Harrisburg- enforceability which EPA promulgated accordance with section 110(k) of the York Areas, which are years used to pursuant to its authority under the CAA. CAA. As noted in this rulemaking designate the Areas as nonattainment, EPA approved Pennsylvania’s action, EPA is proposing to approve the and 2007, which is one of the years the transportation conformity SIP Areas’ 2007 emissions inventory Areas monitored attainment, as shown requirements on April 29, 2009 (74 FR (submitted as part of the maintenance 19541). in Tables 7, 8, and 9. The reduction in plans) as meeting the requirement of emissions in tons per year, and the Thus, for purposes of redesignating section 172(c)(3) of the CAA for the the Areas to attainment for the 1997 corresponding improvement in air 1997 annual and the 2006 24-hour PM2.5 annual and the 2006 24-hour PM2.5 quality from 2002 and 2005 to 2007 in NAAQS. Therefore, upon approval of the Areas can be attributed to a number NAAQS, EPA determines that upon the 2007 emissions inventory, EPA will of regulatory control measures that have final approval of the 2007 have satisfied all applicable been implemented in the Areas and comprehensive emissions inventory as requirements under part D of Title I of proposed in this rulemaking action, the the CAA for the Areas. contributing areas in recent years. For Areas will meet all applicable SIP more information on EPA’s analysis of requirements under part D of Title I of 3. Permanent and Enforceable the 2002, 2005, and 2007 emissions the CAA for purposes of redesignating Reductions in Emissions inventories, see EPA’s emissions the Areas to attainment for the 1997 inventory TSDs dated August 13, 2014, As required by section annual and the 2006 24-hour PM2.5 available in the docket for this proposed 107(d)(3)(E)(iii) of the CAA, EPA is NAAQS. rulemaking action at proposing to determine that www.regulations.gov. Docket ID No. c. Pennsylvania Has a Fully Approved Pennsylvania has demonstrated that the Applicable SIP Under Section 110(k) of air quality improvement in the Areas is EPA–OAR–RO3–2014–0525. the CAA due to permanent and enforceable Upon final approval of the 2007 reductions in emissions resulting from comprehensive emissions inventory implementation of the SIP and

TABLE 7—EMISSION REDUCTIONS FROM 2002 BASE YEAR TO 2007 ATTAINMENT YEAR IN THE HARRISBURG AREA

Sector 2002 2007 Reductions

PM2.5 ...... Stationary Point ...... 490 584 ¥94 Area ...... 3,935 3,059 876 Highway Vehicle ...... 1,053 866 187 Nonroad ...... 377 346 31

Total ...... 5,855 4,855 1,000

NOX ...... Stationary Point ...... 6,048 4,786 1,262 Area ...... 2,126 2,194 ¥68 Highway Vehicle ...... 33,823 25,194 8,630 Nonroad ...... 5,247 4,443 804

Total ...... 47,244 36,617 10,627

SO2 ...... Stationary Point ...... 1,875 1,808 67 Area ...... 2,983 3,216 ¥232 Highway Vehicle ...... 694 175 518 Nonroad ...... 414 188 226

Total ...... 5,967 5,388 579

VOC ...... Stationary Point ...... 1,082 840 242 Area ...... 10,633 8,768 1,866 Highway Vehicle ...... 9,940 8,220 1,720 Nonroad ...... 5,120 4,489 631

Total ...... 26,776 22,317 4,459

NH3 ...... Stationary Point ...... 11 17 ¥6 Area ...... 7,415 6,935 480 Highway Vehicle ...... 390 347 43 Nonroad ...... 3 4 ¥1

12 It should be noted that the mobile source reductions in VOC and/or SO2 emissions. While maintenance plan and redesignation request do not controls discussed in this section also provide those emissions may be reduced, the submitted rely on these emission reductions.

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TABLE 7—EMISSION REDUCTIONS FROM 2002 BASE YEAR TO 2007 ATTAINMENT YEAR IN THE HARRISBURG AREA— Continued

Sector 2002 2007 Reductions

Total ...... 7,819 7,302 516

TABLE 8—EMISSION REDUCTIONS FROM 2005 BASE YEAR TO 2007 ATTAINMENT YEAR IN THE YORK AREA

Sector 2005 2007 Reductions

PM2.5 ...... Stationary Point ...... 4,804 2,462 2,342 Area ...... 3,254 2,394 860 Highway Vehicle ...... 131 358 ¥227 Nonroad ...... 221 202 18

Total ...... 8,409 5,417 2,992

NOX ...... Stationary Point ...... 14,054 22,164 ¥8,110 Area ...... 9,618 1,680 7,938 Highway Vehicle ...... 7,073 10,684 ¥3,612 Nonroad ...... 2,953 2,660 292

Total ...... 33,697 37,189 ¥3,492

SO2 ...... Stationary Point ...... 104,616 115,901 ¥11,285 Area ...... 13,937 1,684 12,253 Highway Vehicle ...... 170 78 91 Nonroad ...... 272 135 137

Total ...... 118,995 117,798 1,198

VOC ...... Stationary Point ...... 2 1,320 ¥1,318 Area ...... 11,148 5,956 5,192 Highway Vehicle ...... 4,849 4,810 39 Nonroad ...... 1,975 1,833 142

Total ...... 17,974 13,920 4,054

NH3 ...... Stationary Point ...... 1 80 ¥79 Area ...... 3,583 3,316 267 Highway Vehicle ...... 335 161 174 Nonroad ...... 2 2 0

Total ...... 3,921 3,559 362

TABLE 9—EMISSION REDUCTIONS FROM 2005 BASE YEAR TO 2007 ATTAINMENT YEAR IN THE HARRISBURG-YORK AREA

Sector 2005 2007 Reductions

PM2.5 ...... Stationary Point ...... 4,823 3,046 1,777 Area ...... 7,089 5,452 1,637 Highway Vehicle ...... 476 1,225 ¥749 Nonroad ...... 619 548 71

Total ...... 13,008 10,271 2,737

NOX ...... Stationary Point ...... 14,169 26,950 ¥12,781 Area ...... 17,333 3,874 13,459 Highway Vehicle ...... 24,547 35,878 ¥11,331 Nonroad ...... 8,869 7,104 1,765

Total ...... 64,918 73,806 ¥8,888

SO2 ...... Stationary Point ...... 104,640 117,709 ¥13,069 Area ...... 18,443 4,900 13,543 Highway Vehicle ...... 590 254 336 Nonroad ...... 787 323 464

Total ...... 124,459 123,185 1,274

VOC ...... Stationary Point ...... 11 2,160 ¥2,149 Area ...... 23,688 14,724 8,964

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TABLE 9—EMISSION REDUCTIONS FROM 2005 BASE YEAR TO 2007 ATTAINMENT YEAR IN THE HARRISBURG-YORK AREA—Continued

Sector 2005 2007 Reductions

Highway Vehicle ...... 15,072 13,030 2,042 Nonroad ...... 6,801 6,322 479

Total ...... 45,571 36,236 9,335

NH3 ...... Stationary Point ...... 1 96 ¥95 Area ...... 11,054 10,250 804 Highway Vehicle ...... 1,056 509 547 Nonroad ...... 6 6 0

Total ...... 12,116 10,861 1,255

a. Federal Measures Implemented industrial boilers, internal combustion the NOX Budget Trading Program, engines, and cement kilns. In response although the emission reduction Reductions in PM2.5 precursor emissions have occurred statewide and to the NOX SIP Call, Pennsylvania obligations of the NOX SIP Call were not in upwind states as a result of Federal adopted its NOX Budget Trading rescinded. See 40 CFR 51.121(r) and emission control measures, with Program regulations for EGUs and large 51.123(aa). Data collected from EPA’s additional emission reductions expected industrial boilers, with emission long-term national air quality and to occur in the future. reductions starting in May 2003. deposition monitoring networks show Pennsylvania’s NOX Budget Trading that these regional cap-and-trade Control of NOX and SO2 Program regulation was approved into programs have been effective in

PM2.5 concentrations in the York and the Pennsylvania SIP on August 21, reducing emissions of SO2 and NOX Harrisburg Areas are impacted by the 2001 (66 FR 43795). To meet other nationwide.14 transport of sulfates and nitrates, and requirements of the NOX SIP Call, Under the NOX SIP Call and CAIR, the Areas’ air quality is strongly affected Pennsylvania adopted NOX control SO2 and NOX emissions from EGUs by regulation of SO2 and NOX emissions regulations for cement plants and were significantly reduced statewide from power plants. internal combustion engines, with and in states upwind of the Harrisburg NOX SIP Call—On October 27, 1998 emission reductions starting in May and York areas. Table 10 shows (63 FR 57356), EPA issued the NOX SIP 2005. These regulations were approved statewide EGU emissions data for 2002 Call requiring the District of Columbia into the Pennsylvania SIP on September and 2007 for the states that were and 22 states to reduce emissions of 29, 2006 (71 FR 57428). determined to contribute significantly to 13 NOX, a precursor to ozone pollution. CAIR—As previously noted, CAIR (70 air quality in the Harrisburg and York Affected states were required to comply FR 25162, May 12, 2005) created Areas for the 1997 annual PM2.5 with Phase I of the SIP Call beginning regional cap-and-trade programs to NAAQS. See Air Quality Modeling in 2004 and Phase II beginning in 2007. reduce SO2 and NOX emissions in 27 Final Rule Technical Support Document Emission reductions resulting from eastern states, including Pennsylvania. included in the docket for this proposed regulations developed in response to the EPA approved the Commonwealth’s rulemaking action. Table 10 also shows NOX SIP Call are permanent and CAIR regulation, codified in 25 Pa. Code the level of emissions in the enforceable. By imposing an emissions Chapter 145, Subchapter D, into the contributing states for 2013, the latest cap regionally, the NOX SIP Call Pennsylvania SIP on December 10, 2009 year for which annual data is available, reduced NOX emissions from large (74 FR 65446). In 2009, the CAIR ozone which shows the continuing decline of EGUs and large non-EGUs such as season NOX trading program superseded SO2 and NOX emissions in these states.

TABLE 10—COMPARISON OF 2002, 2007, AND 2013 NOX AND SO2 EMISSIONS FROM EGUS FOR STATES THAT CONTRIBUTE TO THE HARRISBURG AND YORK AREAS

NOX (tpy) SO2 (tpy) State Reductions Reductions 2002 2007 2013 2002–2007 2002 2007 2013 2002–2007

District of Columbia 15 ...... 556 250 96 306 1,087 319 ...... 768 Illinois ...... 172,354 123,105 55,386 49,249 353,228 272,571 135,866 80,657 Indiana ...... 281,146 198,501 103,120 82,645 778,868 714,529 268,217 64,339 Kentucky ...... 198,599 174,932 84,964 23,665 482,653 380,314 188,115 102,339 Maryland ...... 76,056 54,553 14,554 21,503 254,008 272,879 25,118 18,871 Michigan ...... 132,623 108,198 65,728 24,425 342,997 338,014 194,396 4,983 North Carolina...... 145,706 64,770 49,059 89,936 462,993 370,827 48,154 92,166 New Jersey...... 33,149 17,059 5,713 16,090 48,269 34,189 2,433 14,080 New York...... 84,885 58,569 24,150 26,316 231,973 107,211 17,797 124,762

13 14 Although the NOX SIP Call was issued in order Clean Air Interstate Rule, Acid Rain Program, Interstate Rule, Acid Rain Program, and Former to address ozone pollution, reductions of NOX as a and Former NOX Budget Trading Program, 2012 NOX Budget Trading Program, 2012 Progress Report result of that program have also impacted PM2.5 Progress Report (December 2013), available at (May 2014), available at http://www.epa.gov/ pollution, for which NOX is also a precursor http://www.epa.gov/airmarkets/progress/ARPCAIR_ airmarkets/progress/ARPCAIR_12_downloads/ emission. 12_downloads/ARPCAIR12_01.pdf; Clean Air ARPCAIR12_02.pdf.

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TABLE 10—COMPARISON OF 2002, 2007, AND 2013 NOX AND SO2 EMISSIONS FROM EGUS FOR STATES THAT CONTRIBUTE TO THE HARRISBURG AND YORK AREAS—Continued

NOX (tpy) SO2 (tpy) State Reductions Reductions 2002 2007 2013 2002–2007 2002 2007 2013 2002–2007

Ohio ...... 370,497 240,722 86,399 129,775 1,132,069 954,646 282,007 177,423 Virginia ...... 78,868 60,302 28,315 18,566 230,846 172,685 38,778 58,161 West Virginia ...... 225,371 153,514 60,111 71,857 507,110 371,996 86,201 135,114

Total ...... 1,799,808 1,254,475 577,595 554,027 4,826,101 3,990,180 1,287,082 835,921 Source: EPA’s Air Markets Program Data (AMPD). AMPD query results are included in the docket for this proposed rulemaking action.

Table 10 shows that states impacting engines and further reduced the spark-ignition engine and recreational the York and Harrisburg Areas reduced highway diesel fuel sulfur content to 15 engine standards, an overall 80 percent NOX and SO2 emissions from EGUs by ppm. Standards for gasoline engines reduction in NOX are expected by 2020. 554,027 tons and 835,921 tons, were phased in starting in 2008. The Some of these emission reductions respectively, between 2002 and 2007. total program is estimated to achieve a occurred by the 2002–2007 attainment EPA has therefore determined that the 90 percent reduction in direct PM2.5 period and additional emission significant reductions in NOX and SO2 emissions and a 95 percent reduction in reductions will occur during the from upwind states and in Pennsylvania NOX emissions for new engines using maintenance period as the fleet turns required under the NOX SIP Call and low sulfur diesel fuel. over. CAIR have contributed to the air quality Nonroad Diesel Rule attainment in the Harrisburg and York Federal Standards for Hazardous Air Pollutants areas. In addition, the NOX and SO2 On June 29, 2004 (69 FR 38958), EPA emissions from these states further promulgated the Nonroad Diesel Rule As required by the CAA, EPA declined by 676,880 tons and 2,703,098 for large nonroad diesel engines, such as developed Maximum Available Control tons, respectively, from 2007 to 2013. those used in construction, agriculture, Technology (MACT) Standards to and mining, to be phased in between regulate emissions of hazardous air Tier 2 Emission Standards for Vehicles 2008 and 2014. The rule phased in and Gasoline Sulfur Standards pollutants from a published list of requirements for reducing the sulfur industrial sources referred to as ‘‘source These emission control requirements content of diesel used in nonroad diesel categories.’’ The MACT standards have result in lower NOX emissions from new engines. The reduction in sulfur content been adopted and incorporated by cars and light duty trucks, including prevents damage to the more advanced reference in Section 6.6 of sport utility vehicles. The Federal rules emission control systems needed to Pennsylvania’s Air Pollution Control were phased in between 2004 and 2009. meet the engine standards. It will also Act and implementing regulations in 25 EPA estimated that, after phasing in the reduce fine particulate emissions from Pa. Code § 127.35 and are also included new requirements, the following vehicle diesel engines. The combined engine in Federally enforceable permits issued NOX emission reductions will have standards and the sulfur in fuel by PADEP for affected sources. The occurred nationwide: Passenger cars reductions will reduce NOX and PM Industrial/Commercial/Institutional (light duty vehicles) (77 percent); light emissions from large nonroad engines (ICI) Boiler MACT standards (69 FR duty trucks, minivans, and sports utility by over 90%, compared to current 55217, September 13, 2004, and 76 FR vehicles (86 percent); and larger sports nonroad engines using higher sulfur 15554, February 21, 2011) are estimated content diesel. utility vehicles, vans, and heavier trucks to reduce emissions of PM, SO2, and (69 to 95 percent). Some of the Nonroad Large Spark-Ignition Engine VOCs from major source boilers and emissions reductions resulting from and Recreational Engine Standards process heaters nationwide. Also, the new vehicle standards occurred during In November 2002, EPA promulgated Reciprocating Internal Combustion the 2008–2010 attainment period; Engines (RICE) MACT will reduce NOX however, additional reductions will emission standards for groups of previously unregulated nonroad and PM emissions from engines located continue to occur throughout the at facilities such as pipeline compressor maintenance period as new vehicles engines. These engines include large spark-ignition engines such as those stations, chemical and manufacturing replace older vehicles. EPA expects fleet plants, and power plants. wide average emissions to decline by used in forklifts and airport ground- similar percentages as new vehicles service equipment; recreational vehicles b. State Measures replace older vehicles. using spark-ignition engines such as off- highway motorcycles, all-terrain Heavy-Duty Diesel Emissions Control Heavy-Duty Diesel Engine Rule vehicles, and snowmobiles; and Program EPA issued the Heavy-Duty Diesel recreational marine diesel engines. In 2002, Pennsylvania adopted the Engine Rule in July 2000. This rule Emission standards from large spark- Heavy-Duty Diesel Emissions Control included standards limiting the sulfur ignition engines were implemented in Program for model years starting in May content of diesel fuel, which went into two tiers, with Tier 1 starting in 2004 2004. The program incorporates effect in 2004. A second phase took and Tier 2 in 2007. Recreational vehicle California standards by reference and effect in 2007 which reduced PM2.5 emission standards are being phased in required model year 2005 and beyond emissions from heavy-duty highway from 2006 through 2012. Marine Diesel heavy-duty diesel highway engines to be engine standards were phased in from certified to the California standards, 15 The District of Columbia and Maryland were 2006 through 2009. With full which were more stringent than the considered together in the contribution analysis. implementation of all of the nonroad Federal standards for model years 2005

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and 2006. After model year 2006, from all sources in the nonattainment 2. Maintenance Demonstration Pennsylvania required implementation area. For a maintenance plan, states are Section 175A requires a state seeking of the Federal standards that applied to required to submit an inventory to redesignation to attainment to submit a model years 2007 and beyond, identify the level of emissions in the SIP revision to provide for the discussed in the Federal measures area which is sufficient to attain the maintenance of the NAAQS in the area section of this proposed rulemaking NAAQS, referred to as the attainment ‘‘for at least 10 years after the action. This program reduced emissions inventory (or the maintenance plan base redesignation.’’ EPA has interpreted this of NOX statewide. year inventory), and which should be as a showing of maintenance ‘‘for a based on actual emissions. PADEP period of ten years following Vehicle Emission Inspection/ submitted an attainment inventory for redesignation.’’ Where the emissions Maintenance (I/M) Program 2007, which is one of the years in the inventory method of showing Pennsylvania’s Vehicle Emission I/M period during which the Harrisburg and maintenance is used, its purpose is to program was expanded into the York Areas monitored attainment of the show that emissions during the Harrisburg, York and Harrisburg-York 1997 annual PM NAAQS and 2.5 maintenance period will not increase Areas in early 2004, and applies to Harrisburg-York Area monitored over the attainment year inventory. See model year 1975 and newer gasoline- attainment of the 2006 24-hour PM 2.5 1992 Calcagni Memorandum, pages 9– powered vehicles that are 9,000 pounds NAAQS. The inventory for 2007 is 10. and under. The program, approved into comprised of NO , PM , SO , VOC, X 2.5 2 For a demonstration of maintenance, the Pennsylvania SIP on October 6, 2005 and NH emissions from point sources, 3 emissions inventories are required to be (70 FR 58313), consists of annual on- nonpoint sources, onroad mobile projected to future dates to assess the board diagnostics and gas cap test for sources, and nonroad mobile sources. influence of future growth and controls; model year 1996 vehicles and newer, The 2007 point source inventory however, the maintenance and an annual visual inspection of contained emissions for EGU and non- demonstration need not be based on pollution control devices and gas cap EGU sources in Cumberland, Dauphin, modeling. See Wall v. EPA, supra; test for model year 1995 vehicles and Lebanon, and York Counties that were Sierra Club v. EPA, supra. See also 66 older. This program reduces emissions directly reported by the facilities. Since FR 53099–53100; 68 FR 25430–32. of NOX from affected vehicles. the reported emissions did not include condensable emissions, the EGU PADEP uses projection inventories to Consumer Products Regulation inventory was augmented to account for show that the Areas will remain in Pennsylvania regulation ‘‘Chapter condensable by application of emission attainment and developed projection 130, Subchapter B. Consumer Products’’ factors developed by the Mid-Atlantic inventories for an interim year of 2017 established, effective January 1, 2005, Regional Air Management Association and a maintenance plan end year of VOC emission limits for numerous (MARAMA) in 2008. The nonpoint 2025 to show that future emissions of categories of consumer product, and source emissions inventory for 2007 was NOX, SO2, VOC, and PM2.5 will remain applies statewide to any person who developed using 2007 specific activity at or below the attainment year 2007 sells, supplies, offers for sale, or data along with EPA emission factors emissions levels throughout the Areas manufactures such consumer products and the most recent available emission through the year 2025. Although on or after January 1, 2005 for use in calculation methodologies. PADEP used emissions of NH3 are projected to Pennsylvania. It was approved into the the 2008 National Emissions Inventory increase from 2007 to 2017 and from Pennsylvania SIP on December 8, 2004 (NEI) data to fill in any missing 2007 to 2025, the increase will not affect (69 FR 70895). categories in the 2007 inventory. For the the Areas’ ability to maintain the Based on the information summarized 2007 nonroad mobile sources, PADEP standard because it is more than above, Pennsylvania has adequately generated emissions using EPA’s compensated by the significant demonstrated that the improvement in National Mobile Inventory Model reductions of the other precursors in air quality in the Harrisburg, York and (NMIM) 2008 model. Since marine, air 2017 and 2025. Harrisburg-York Areas are due to and rail/locomotive (MAR) emissions The Federal and State measures permanent and enforceable emissions are not part of the NONROAD model, described in Section V.A.3. of this reductions. The reductions result from they were calculated separately outside proposed rulemaking action Federal and State requirements and of the NONROAD model. The 2007 demonstrate that the reductions in regulation of precursors within onroad mobile source inventory was emissions from point, area, and mobile Pennsylvania that affect the Harrisburg, developed using EPA’s highway mobile sources in the Areas have occurred and York and Harrisburg-York Areas. source emissions model MOVES2010. will continue to occur through 2025. In PADEP used local activity to replace addition, the following State and B. Maintenance Plans default inputs in the model where Federal regulations and programs On April 22, 2014, PADEP submitted appropriate. ensure the continuing decline of SO2, maintenance plans for the Harrisburg EPA has reviewed the documentation NOX, PM2.5, and VOC emissions in the and York Areas for the 1997 annual provided by PADEP and found the 2007 Areas during the maintenance period PM2.5 NAAQS, and a maintenance plan emissions inventory acceptable for and beyond: for the Harrisburg-York Area for the meeting the requirements under section 172(c)(3). For more information on the Non-EGUs previously covered under the 2006 24-hour PM2.5 NAAQS as required NO SIP Call by section 175A of the CAA. EPA’s emissions inventory submitted by X analysis for proposing approval of the PADEP for the Areas and EPA’s analysis Pennsylvania established NOX maintenance plans is provided in this of the emissions inventory, see emission limits for the large industrial section. Appendices B and C of the boilers that were previously subject to Pennsylvania submittals and the the NOX SIP Call, but were not subject 1. Attainment Emissions Inventory emissions inventory TSDs dated August to CAIR. For these units, Pennsylvania Section 172(c)(3) requires states to 13, 2014, available on line at established an allowable ozone season submit a comprehensive, accurate, www.regulations.gov, Docket ID No. NOX limit based on the unit’s previous current inventory of actual emissions EPA–OAR–R03–2014–0525. ozone season’s heat input. A combined

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NOX ozone season emissions cap of program until Model Year (MY) 2006. Pennsylvania’s Title V program on July 3,418 tons applies for all of these units. The Clean Vehicles Program, codified in 30, 1996. 61 FR 39597. 25 Pa. Code Chapter 126, Subchapter D, CSAPR (August 8, 2011, 76 FR 48208) Two Pennsylvania regulations—its was modified to require CA LEVII to Diesel-Powered Motor Vehicle Idling If the CSAPR stay is lifted as apply to MY 2008 and beyond, and was Act (August 1, 2011, 76 FR 45705) and requested by EPA, the implementation approved into the Pennsylvania SIP on its Outdoor Wood-Fired Boiler of CSAPR will preserve the reductions January 24, 2012 (77 FR 3386). The regulation (September 20, 2011, 76 FR achieved by CAIR. Clean Vehicles Program incorporates by 58114)—were not included in the Regulation of Cement Kilns reference the emission control standards projection inventories, but may also of CA LEVII, which, among other assist in maintaining the standard. Also, On July 19, 2011 (76 FR 52558), EPA requirements, reduces emissions of NO approved amendments to 25 Pa. Code X the Tier 3 Motor Vehicle Emission and by requiring that passenger car emission Chapter 145 Subchapter C to further Fuel Standards (79 FR 23414, April 29, standards and fleet average emission reduce NO emissions from cement 2014) establishes more stringent vehicle X standards also apply to light duty kilns. The amendments established NO emissions standards and will reduce the X vehicles. Model year 2008 and newer emission rate limits for long wet kilns, sulfur content of gasoline beginning in passenger cars and light duty trucks are long dry kilns, and preheater and 2017. The fuel standard will achieve required to be certified for emissions by precalciner kilns that are lower by 35% NOX reductions by further increasing the California Air Resource Board to 63% from the previous limit of 6 the effectiveness of vehicle emission (CARB), in order to be sold, leased, pounds of NO per ton of clinker that controls for both existing and new X offered for sale or lease, imported, applied to all kilns. The amendments vehicles. delivered, purchased, rented, acquired, were effective on April 15, 2011. received, titled or registered in The projection inventories for the Stationary Source Regulations Pennsylvania. In addition, 2017 and 2025 point, area, and nonroad sources were taken from regional Pennsylvania regulation 25 Pa. Code manufacturers are required to demonstrate that the California fleet inventories coordinated by MARAMA Chapter 130, Subchapter D for for the states in the Mid-Atlantic/ Adhesives, Sealers, Primers, and average standard is met based on the number of new light-duty vehicles Northeast Visibility Union and Virginia Solvents was approved into the (MANE-VU+VA), which includes Pennsylvania SIP on September 26, delivered for sale in the Commonwealth. The Commonwealth’s Pennsylvania. Detailed discussion of 2012 (77 FR 59090). The regulation how 2017 and 2025 projections were established VOC content limits for submittal for the January 24, 2012 rulemaking projected that, by 2025, the developed are contained in Appendix various categories of adhesives, sealants, C–2 and C–3, respectively, of primers, and solvent, and became program will achieve 318 tons more NO reductions than Tier II for the Pennsylvania’s submittals. EPA has applicable on January 1, 2012. X reviewed the documentation provided Amendments to Pennsylvania counties in the Harrisburg, York, and by PADEP and found the methodologies regulation 25 Pa. Code Chapter 130, Harrisburg/York Areas. acceptable. Subchapter B established, effective Emission Limits on PPL Brunner Island January 1, 2009, new or more stringent EPA has determined that the 2017 and VOC standards for consumer products. In 2009, PPL installed a flue gas 2025 projected emissions inventories The amendments were approved into desulfurization system and electrostatic provided by PADEP are approvable. For the Pennsylvania SIP on October 18, precipitators on Units 1, 2, and 3 at the more information on EPA’s analysis of 2010 (75 FR 63717). PPL Brunner Island power plant located the emissions inventory, see EPA’s in York County, resulting in significant TSDs dated August 13, 2014, available Pennsylvania’s Clean Vehicle Program SO2 reductions at the facility. The on line at www.regulations.gov., Docket The Pennsylvania Clean Vehicles facility’s Title V permit is Federally ID No. EPA–OAR–R03–2014–0525. Program (formerly, New Motor Vehicle enforceable pursuant to section 502 of Tables 11, 12, and 13 provide a Control Program) incorporates by the CAA, and includes emission limits summary of the inventories for the 2007 reference the California Low Emission for PM, SO2, and NOX for Units 1, 2, and attainment year, as compared to the Vehicle program (CA LEVII), although it 3. Levels of SO2 were significantly projected inventories for the 2017 allowed automakers to comply with the reduced from 106,148 tons in 2007 to interim year and the 2025 maintenance NLEV program as an alternative to this 17,822 tons in 2010. EPA approved plan end year for the Areas in tpy.

TABLE 11—COMPARISON OF 2007 ATTAINMENT YEAR AND 2017 AND 2025 PROJECTED PM2.5 EMISSIONS IN THE HARRISBURG AREA

PM2.5 NOX SO2 NH3 VOC

2007 (attainment)...... 4,855 36,617 5,388 7,302 22,317 2017 (interim) ...... 4,240 22,862 4,598 7,819 16,393 2017 (projected decrease) ...... 615 13,755 790 ¥517 5,924 2025 (maintenance) ...... 3,958 16,116 3,626 8,277 14,333 2025 (projected decrease) ...... 897 20,501 1,762 ¥975 7,984

TABLE 12—COMPARISON OF 2007 ATTAINMENT YEAR AND 2017 AND 2025 PROJECTED PM2.5 EMISSIONS IN THE YORK AREA

PM2.5 NOX SO2 NH3 VOC

2007 (attainment)...... 5,417 37,189 117,798 3,559 13,920 2017 (interim)...... 4,915 28,859 16,441 3,663 10,886

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TABLE 12—COMPARISON OF 2007 ATTAINMENT YEAR AND 2017 AND 2025 PROJECTED PM2.5 EMISSIONS IN THE YORK AREA—Continued

PM2.5 NOX SO2 NH3 VOC

2017 (projected decrease) ...... 502 8,330 101,357 ¥104 3,034 2025 (maintenance) ...... 4,944 27,673 16,406 3,774 9,822 2025 (projected decrease) ...... 473 9,516 84,951 ¥215 4,098

TABLE 13—COMPARISON OF 2007 ATTAINMENT YEAR AND 2017 AND 2025 PROJECTED PM2.5 EMISSIONS IN THE HARRISBURG-YORK AREA

PM2.5 NOX SO2 NH3 VOC

2007 (attainment) ...... 10,271 73,806 123,185 10,861 36,236 2017 (interim)...... 9,155 51,721 21,038 11,483 27,279 2017 (projected decrease) ...... 1,116 22,085 102,147 ¥622 8,957 2025 (maintenance)...... 8,902 43,789 20,032 12,051 24,155 2025 (projected decrease) ...... 1,369 30,017 103,153 ¥1,189 12,081

As shown in Tables 11, 12 and 13, the to the attainment year inventory (2007) inventory for the Areas exceed the projected levels of PM2.5, NOX, SO2, and to assure continued attainment with the attainment year inventory by more than VOC are well under the 2007 attainment 1997 annual and the 2006 24-hour PM2.5 ten percent. The first level response will year levels for each of these pollutants. NAAQS and will be used to assess consist of a study to determine if the While the emissions of NH3 are emissions trends, as necessary. Also, as emissions trends show increasing projected to be higher than the 2007 noted in the previous subsection, concentrations of PM2.5, and whether inventory for this pollutant for both the PADEP will continue to operate its this trend is likely to continue. If it is interim year and the end-year, the monitoring system in accordance with determined through the study that significant decreases in the other 40 CFR part 58 and remains obligated to action is necessary to reverse a trend of precursors more than offset the increase, quality-assure monitoring data and enter emissions increases, Pennsylvania will, and thus EPA does not believe the all data into the AQS in accordance as expeditiously as possible, implement increase in NH3 will affect the Areas’ with federal requirements. PADEP will necessary and appropriate control ability to maintain the NAAQS. use this data, supplemented with measures to reverse the trend. Pennsylvania has adequately additional data, as necessary, to assure A second level response will be demonstrated that the Areas will continuing attainment in the Areas. prompted if the two-year average of the continue to maintain the 1997 annual 5. Contingency Measures annual mean concentration exceeds 15.0 and the 2006 24-hour PM2.5 NAAQS mg/m3 within the Areas. This would The contingency plan provisions are during the 10 year maintenance period. trigger an evaluation of the conditions designed to promptly correct a violation causing the exceedence, whether 3. Monitoring Network of the 1997 annual PM NAAQS that 2.5 additional emission control measures Pennsylvania’s maintenance plans occurs in the Areas after redesignation. include a commitment to continue to Section 175A of the CAA requires that should be implemented to prevent a operate its EPA-approved monitoring a maintenance plan include such violation of the standard, and analysis network, as necessary to demonstrate contingency measures as EPA deems of potential measures that could be ongoing compliance with the NAAQS. necessary to ensure that a state will implemented to prevent a violation. Pennsylvania would then begin its Pennsylvania currently operates a PM2.5 promptly correct a violation of the monitor in each of the counties in the NAAQS that occurs after redesignation. adoption process to implement the Harrisburg Area, namely Cumberland, The maintenance plan should identify measures as expeditiously as Dauphin, and Lebanon Counties, and a the events that would ‘‘trigger’’ the practicable. PM2.5 monitor on Hill Street in the York adoption and implementation of a Pennsylvania’s candidate contingency Area. In its April 22, 2014 submittals, contingency measure(s), the measures include the following: (1) A Pennsylvania stated that it will consult contingency measure(s) that would be regulation based on the Ozone with EPA prior to making any necessary adopted and implemented, and the Transport Commission (OTC) Model changes to the network and will schedule indicating the time frame by Rule to update requirements for continue to quality assure the which the state would adopt and consumer products; (2) a regulation monitoring data in accordance with the implement the measure(s). based on the Control Techniques requirements of 40 CFR part 58. Pennsylvania’s maintenance plans Guidelines (CTG) for industrial cleaning describe the procedures for the adoption solvents; (3) voluntary diesel projects 4. Verification of Continued Attainment and implementation of contingency such as diesel retrofit for public or To provide for tracking of the measures to reduce emissions should a private local onroad or offroad fleets, emission levels in the Areas, PADEP violation occur. Pennsylvania’s idling reduction technology for Class 2 requires major point sources to submit contingency measures include a first yard locomotives, and idling reduction air emissions information annually and level response and a second level technologies or strategies for truck prepares a new periodic inventory for response. A first level response is stops, warehouses, and other freight- all PM2.5 precursors every three years in triggered for when the annual mean handling facilities; (4) promotion of 3 accordance with EPA’s Air Emissions PM2.5 concentration exceeds 15.5 mg/m accelerated turnover of lawn and garden Reporting Requirements (AERR). in a single calendar year within the equipment, focusing on commercial Emissions information will be compared Areas, or if the periodic emissions equipment; and (5) promotion of

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alternative fuels for fleets, home heating recently remanded to EPA by the D.C. this document starts a 30-day public and agricultural use. Pennsylvania’s Circuit Court in NRDC v. EPA, No. 08– comment period on the adequacy of the rulemaking process and schedule for 1250 (January 4, 2013), in which the submitted MVEBs. This comment adoption and implementation of any D.C. Circuit Court remanded to EPA the period is concurrent with the comment necessary contingency measure is 1997 PM2.5 Implementation Rule period on this proposed action and shown in the SIP submittals as being 18 because it concluded that EPA must comments should be submitted to the months from PADEP’s approval to implement that NAAQS pursuant to the docket for this rulemaking. EPA may initiate rulemaking. For all of the PM-specific implementation provisions choose to make its determination on the reasons discussed in this section, EPA is of subpart 4, rather than solely under adequacy of the budgets either in the proposing to approve Pennsylvania’s the general provisions of subpart 1. That final rulemaking on this maintenance 1997 annual and 2006 24-hour PM2.5 decision does not affect EPA’s proposed plan and redesignation request or by maintenance plans for the Harrisburg, approval of the MVEBs for the Areas. informing Pennsylvania of the York, and Harrisburg-York Areas as The MVEBs in tpy are presented in determination in writing, publishing a meeting the requirements of section Tables 14, 15, and 16. notice in the Federal Register and 175A of the CAA. posting a notice on EPA’s adequacy Web page (http://www.epa.gov/otaq/ C. Transportation Conformity TABLE 14—MVEBS FOR CUMBERLAND AND DAUPHIN COUNTIES FOR THE stateresources/transconf/ Section 176(c) of the CAA requires 16 1997 PM AND 2006 24-HOUR adequacy.htm). However, EPA would Federal actions in nonattainment and 2.5 NAAQS not complete the adequacy process for maintenance areas to ‘‘conform to’’ the these budgets in advance of the final goals of SIPs. This means that such rule approving the maintenance plan Year PM2.5 NOX actions will not cause or contribute to and redesignation request unless the violations of a NAAQS, worsen the 2017 ...... 365 10287 D.C. Circuit Court lifts the stay on the severity of an existing violation, or 2025 ...... 275 7024 implementation of CSAPR. delay timely attainment of any NAAQS EPA has reviewed the MVEBs and or any interim milestone. Actions found them consistent with the involving Federal Highway TABLE 15—MVEBS FOR LEBANON maintenance plan and that the budgets Administration (FHWA) or Federal COUNTY FOR THE 1997 PM2.5 AND meet the criteria for adequacy and Transit Administration (FTA) funding 2006 PM2.5 24-HOUR NAAQS approval. Therefore, EPA is proposing or approval are subject to the to approve the 2017 and 2025 PM2.5 and Year PM NO transportation conformity rule (40 CFR 2.5 X NOX MVEBs for Cumberland, Dauphin, Part 93, subpart A). Under this rule, Lebanon, and York Counties for metropolitan planning organizations 2017 ...... 76 2252 2025 ...... 52 1446 transportation conformity purposes (MPOs) in nonattainment and provided that the D.C. Circuit Court maintenance areas coordinate with state grants EPA’s motion to lift the stay of air quality and transportation agencies, TABLE 16—MVEBS FOR YORK COUN- CSAPR, as discussed in detail in Section EPA, and the FHWA and FTA to TY FOR THE 1997 PM2.5 AND 2006 IV.B. of today’s proposed rulemaking demonstrate that their long range PM2.5 24-HOUR NAAQS action. Additional information transportation plans and transportation pertaining to the review of the MVEBs

improvement programs (TIP) conform to Year PM2.5 NOX can be found in the TSDs dated applicable SIPs. This is typically September 3, 2014, available on line at determined by showing that estimated 2017 ...... 192 5390 www.regulations.gov, Docket ID No. emissions from existing and planned 2025 ...... 144 3398 EPA–R03–OAR–2014–0525. highway and transit systems are less than or equal to the MVEBs contained EPA’s substantive criteria for VI. Proposed Actions in the SIP. On April 22, 2014, determining adequacy of MVEBs are set EPA is proposing to approve the Pennsylvania submitted SIP revisions out in 40 CFR 93.118(e)(4). redesignations of the Harrisburg- that contain the 2017 and 2025 PM2.5 Additionally, to approve the MVEBs, Lebanon-Carlisle-York Areas from and NOX onroad mobile source budgets EPA must complete a thorough review nonattainment to attainment for the for Cumberland, Dauphin, Lebanon, and of the SIP, in this case the PM2.5 1997 annual and 2006 24-hour PM2.5 York Counties, Pennsylvania. maintenance plans, and conclude that NAAQS. EPA has evaluated Pennsylvania did not provide emission with the projected level of motor vehicle Pennsylvania’s redesignation requests budgets for SO2, VOC, and NH3 because and all other emissions, the SIPs will and determined that the Areas meet the it concluded, consistent with the achieve its overall purpose, in this case redesignation criteria set forth in section presumptions regarding these providing for maintenance of the 1997 107(d)(3)(E) of the CAA provided that precursors in the Transportation annual and the 2006 24-hour PM2.5 the D.C. Circuit Court grants EPA’s Conformity Rule at 40 CFR NAAQS. EPA’s process for determining motion to lift the stay of CSAPR. The 93.102(b)(2)(v), which predated and adequacy of a MVEB consists of three monitoring data demonstrates that the were not disturbed by the litigation on basic steps: (1) Providing public Areas have attained the 1997 annual the 1997 PM2.5 Implementation Rule, notification of a SIP submission; (2) and the 2006 24-hour PM2.5 NAAQS, that emissions of these precursors from providing the public the opportunity to and, for the reasons discussed motor vehicles are not significant comment on the MVEB during a public previously, that they will continue to contributors to the Area’s PM2.5 air comment period; and (3) EPA taking attain the NAAQS. Final approval of quality problem. EPA issued conformity action on the MVEB. these redesignation requests would regulations to implement the 1997 In this proposed rulemaking action, 16 annual PM2.5 NAAQS in July 2004 and EPA is initiating the process for For additional information on the adequacy May 2005 (69 FR 40004, July 1, 2004 determining whether or not the MVEBs process, please refer to 40 CFR 93.118(f) and the discussion of the adequacy process in the preamble and 70 FR 24280, May 6, 2005). Those are adequate for transportation to the 2004 final transportation conformity rule. See actions were not part of the final rule conformity purposes. The publication of 69 FR 40039–40043.

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change the designation of Harrisburg in the Unfunded Mandates Reform Act DEPARTMENT OF THE INTERIOR and York Areas from nonattainment to of 1995 (Pub. L. 104–4); Fish and Wildlife Service attainment for the 1997 annual PM2.5 • does not have Federalism NAAQS, and the Harrisburg-York Area implications as specified in Executive 50 CFR Part 17 from nonattainment to attainment for Order 13132 (64 FR 43255, August 10, the 2006 24-hour PM NAAQS. EPA is 2.5 1999); [Docket No. FWS–R8–ES–2014–0007; also proposing to approve the associated FXES11130900000–156–FF09E42000] maintenance plans for the Areas as • is not an economically significant revisions to the Pennsylvania SIP regulatory action based on health or RIN 1018–AY82 safety risks subject to Executive Order because they meet the requirements of Endangered and Threatened Wildlife 13045 (62 FR 19885, April 23, 1997); section 175A of the CAA as described and Plants; 12-Month Finding on a previously in this proposed rulemaking • is not a significant regulatory action Petition To Downlist the Arroyo Toad, notice. In addition, EPA is proposing to subject to Executive Order 13211 (66 FR and a Proposed Rule To Reclassify the approve the 2007 base year emissions 28355, May 22, 2001); Arroyo Toad as Threatened inventory as meeting the requirement of • is not subject to requirements of section 172(a)(3) of the CAA. AGENCY: Fish and Wildlife Service, Furthermore, EPA is proposing to Section 12(d) of the National Interior. Technology Transfer and Advancement approve the 2017 and 2025 PM2.5 and ACTION: Proposed rule; reopening of the Act of 1995 (15 U.S.C. 272 note) because NOX MVEBs submitted by Pennsylvania comment period. for Cumberland, Dauphin, Lebanon, and application of those requirements would York Counties for transportation be inconsistent with the CAA; and SUMMARY: We, the U.S. Fish and conformity purposes. EPA is also • does not provide EPA with the Wildlife Service (Service), announce the initiating the process for determining discretionary authority to address, as reopening of the public comment period whether the MVEBs are adequate for appropriate, disproportionate human on our March 27, 2014, proposed rule to transportation conformity purposes. health or environmental effects, using reclassify the arroyo toad (Anaxyrus EPA’s proposed approval of practicable and legally permissible californicus) as threatened under the Pennsylvania’s redesignation requests, methods, under Executive Order 12898 Endangered Species Act of 1973, as amended (Act). We are taking this maintenance plans, and MVEBs in (59 FR 7629, February 16, 1994). today’s rulemaking action are action to solicit feedback on new contingent upon the lifting of the In addition, this rule proposing to information we received. Comments CSAPR stay. EPA is soliciting public approve Pennsylvania’s redesignation previously submitted need not be comments on the issues discussed in requests, maintenance plans, 2007 base resubmitted, as they will be fully this document. These comments will be year emissions inventory, and MVEBs considered in preparation of the final considered before taking final action. for transportation conformity purposes listing determination. We anticipate for the Harrisburg and York Areas for publishing a final determination on or VII. Statutory and Executive Order the 1997 annual PM NAAQS and the before March 27, 2015. Reviews 2.5 Harrisburg-York Area for the 2006 24- DATES: We will consider comments Under the CAA, the Administrator is hour PM2.5 NAAQS, does not have tribal received or postmarked on or before required to approve a SIP submission implications as specified by Executive November 17, 2014. Comments that complies with the provisions of the Order 13175 (65 FR 67249, November 9, submitted electronically using the CAA and applicable Federal regulations. 2000), because the SIP is not approved Federal eRulemaking Portal (see 42 U.S.C. 7410(k); 40 CFR 52.02(a). to apply in Indian country located in the ADDRESSES section, below) must be Thus, in reviewing SIP submissions, state, and EPA notes that it will not received by 11:59 p.m. Eastern Time on EPA’s role is to approve state choices, impose substantial direct costs on tribal the closing date. Any comments that we provided that they meet the criteria of governments or preempt tribal law. receive after the closing date may not be the CAA. Accordingly, this action considered in the final decision on this merely proposes to approve state law as List of Subjects action. meeting Federal requirements and does 40 CFR Part 52 ADDRESSES: Document availability: You not impose additional requirements may obtain copies of the proposed rule beyond those imposed by state law. For Environmental protection, Air and associated documents, including that reason, this proposed action: pollution control, Incorporation by the new information discussed in this • Is not a ‘‘significant regulatory reference, Nitrogen oxides, Particulate document, on the Internet at http:// action’’ subject to review by the Office matter, Reporting and recordkeeping www.regulations.gov at Docket No. of Management and Budget under requirements, Sulfur oxides, Volatile FWS–R8–ES–2014–0007, or by Executive Order 12866 (58 FR 51735, organic compounds. contacting the U.S. Fish and Wildlife October 4, 1993); Service, Ventura Fish and Wildlife • does not impose an information 40 CFR Part 81 Office (see FOR FURTHER INFORMATION collection burden under the provisions Air pollution control, National parks, CONTACT). of the Paperwork Reduction Act (44 Written comments: You may submit Wilderness areas. U.S.C. 3501 et seq.); written comments by one of the • is certified as not having a Authority: 42 U.S.C. 7401 et seq. following methods: significant economic impact on a Dated: September 30, 2014. (1) Electronically: Go to the Federal substantial number of small entities eRulemaking Portal: http:// Shawn M. Garvin, under the Regulatory Flexibility Act (5 www.regulations.gov. In the Search box, U.S.C. 601 et seq.); Regional Administrator, Region III. enter FWS–R8–ES–2014–0007, which is • does not contain any unfunded [FR Doc. 2014–24596 Filed 10–16–14; 8:45 am] the docket number for the rulemaking. mandate or significantly or uniquely BILLING CODE 6560–50–P Then, in the Search panel on the left affect small governments, as described side of the screen, under the Document

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Type heading, click on the Proposed independent peer review is to ensure 2014, please do not resubmit them. We Rules link to locate the document. You use of the best scientific and have incorporated them into the public may submit a comment by clicking on commercial information available and to record, and we will consider them in ‘‘Comment Now!’’ ensure and maximize the quality, the preparation of our final (2) By hard copy: Submit by U.S. mail objectivity, utility, and integrity of the determination. Our final determination to: Public Comments Processing, Attn: information upon which the proposal is concerning the proposed downlisting FWS–R8–ES–2014–0007; Division of based, as well as to ensure that reviews will take into consideration all written Policy and Directives Management; U.S. by qualified experts are incorporated comments and any additional Fish and Wildlife Service; MS: BPHC; into the rulemaking process. One peer information we receive. 5275 Leesburg Pike; Falls Church, VA review was inadvertently not posted in 22041–3803. the docket on http:// You may submit your comments and We request that you send comments www.regulations.gov prior to May 27, materials concerning the proposed rule only by one of the methods described 2014 (the closing date of the March 27, by one of the methods listed in above. We will post all comments on 2014, proposed rule’s comment period). ADDRESSES. We request that you send http://www.regulations.gov. This We are making that peer review comments only by the methods generally means that we will post any available now on http:// described in ADDRESSES. personal information you provide us www.regulations.gov at Docket No. If you submit a comment via http:// (see the Information Requested section, FWS–R8–ES–2014–0007. Additionally, www.regulations.gov, your entire below, for more information). reopening the comment period for the comment—including any personal FOR FURTHER INFORMATION CONTACT: proposed rule will allow for submittal of identifying information—will be posted Stephen P. Henry, Field Supervisor, additional peer reviews requested by the on the Web site. We will post all U.S. Fish and Wildlife Service, Ventura Service but not received during the hardcopy comments on http:// Fish and Wildlife Office, 2493 Portola previous comment period, as well as www.regulations.gov as well. If you Road, Suite B, Ventura, CA 93003; other public comments. Any additional submit a hardcopy comment that peer reviews, as well as any other telephone 805–644–1766; facsimile includes personal identifying comments we receive, will be made 805–644–3958. Persons who use a information, you may request at the top telecommunications device for the deaf available on http://www.regulations.gov at Docket No. FWS–R8–ES–2014–0007. of your document that we withhold this (TDD) may call the Federal Information information from public review. Relay Service (FIRS) at 800–877–8339. Information Requested However, we cannot guarantee that we SUPPLEMENTARY INFORMATION: We will accept written comments and will be able to do so. Background information during this reopened Comments and materials we receive, comment period on our proposed In December 2011, we received a as well as supporting documentation we downlisting for the arroyo toad that petition to reclassify the arroyo toad used in preparing the proposed published in the Federal Register on from endangered to threatened, based downlisting rule will be available for March 27, 2014 (79 FR 17106). We will on analysis and recommendations public inspection on http:// consider information and contained in our August 2009 5-year www.regulations.gov at Docket No. recommendations from all interested status review of the species. On June 4, FWS–R8–ES–2014–0007, or by parties. We intend that any final action 2012, we published a 90-day finding appointment, during normal business resulting from the proposal be as that the petition presented substantial hours, at the U.S. Fish and Wildlife accurate as possible and based on the information indicating that reclassifying best available scientific and commercial Service, Ventura Fish and Wildlife the arroyo toad may be warranted (77 FOR FURTHER INFORMATION data. Office (see FR 32922) and initiated a status review. We are particularly interested in new CONTACT). You may obtain copies of the After review of all available scientific information and comments regarding: proposed rule on the Internet at http:// and commercial information, we found (1) Reasons why we should or should www.regulations.gov at Docket No. that the petitioned action was not reclassify the arroyo toad under the FWS–R8–ES–2014–0007, or at the U.S. warranted, and we proposed to Act (16 U.S.C. 1531 et seq.). Fish and Wildlife Service, Ventura Fish reclassify the arroyo toad from an (2) New biological or other relevant and Wildlife Office (see FOR FURTHER endangered species to a threatened data concerning any threat (or lack INFORMATION CONTACT). species on the Federal List of thereof) to this species. Endangered and Threatened Wildlife on (3) New information concerning the Authority March 27, 2014 (79 FR 17106). distribution and population size or The authority for this action is the New Information trends of this species. (4) New information on the current or Endangered Species Act of 1973, as Since publication of the March 27, planned activities within the range of amended (16 U.S.C. 1531 et seq.). 2014, proposed rule, we have received the arroyo toad that may adversely affect Dated: October 6, 2014. new information that we are making or benefit the species. Stephen Guertin, available to the public prior to making (5) New information and data on the a final determination on the proposed Acting Director, U.S. Fish and Wildlife projected and reasonably likely impacts Service. action. In accordance with the Service’s to the arroyo toad or its habitat July 1, 1994, peer review policy (59 FR associated with climate change. [FR Doc. 2014–24548 Filed 10–16–14; 8:45 am] 34270) and the Office of Management (6) New information on threats or BILLING CODE 4310–55–P and Budget’s December 16, 2004, Final impacts to the arroyo toad in the Mexico Information Quality Bulletin for Peer portion of its range. Review, the Service requested If you submitted comments or independent expert peer review of the information on the proposed rule (79 FR proposed rule and supporting scientific 17106) during the initial comment analyses. The purpose of seeking period from March 27, 2014, to May 27,

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DEPARTMENT OF COMMERCE viewing on www.regulations.gov east coast zone and quotas for Gulf without change. All personal identifying migratory group cobia. National Oceanic and Atmospheric information (e.g., name, address, etc.), Gulf Migratory Group King Mackerel Administration confidential business information, or Commercial Hook-and-Line Trip Limits otherwise sensitive information 50 CFR Part 622 submitted voluntarily by the sender will The Gulf eastern zone’s Florida west coast subzone is comprised of two RIN 0648–BD86 be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ subzones, northern and southern. Fisheries of the Caribbean, Gulf of A’’ in the required fields if you wish to Currently, from July 1, each fishing year, Mexico, and South Atlantic; Coastal remain anonymous). Attachments to until 75 percent of the respective Migratory Pelagic Resources in the electronic comments will be accepted in northern or southern subzone’s hook- Gulf of Mexico and Atlantic Region; Microsoft Word, Excel, or Adobe PDF and-line gear quota has been harvested, Amendment 20B file formats only. the commercial trip limit is 1,250 lb Electronic copies of Amendment 20B, (567 kg) per day. From the date that 75 AGENCY: National Marine Fisheries which includes an environmental percent of the respective northern or Service (NMFS), National Oceanic and assessment, a Regulatory Flexibility Act southern subzone’s hook-and-line gear Atmospheric Administration (NOAA), analysis, and a regulatory impact quota has been harvested, the trip limit Commerce. review, may be obtained from the is reduced to 500 lb (227 kg) per day, ACTION: Notice of availability; request Southeast Regional Office Web site at until a closure of the respective for comments. http://sero.nmfs.noaa.gov/sustainable_ northern or southern subzone is fisheries/gulf_sa/cmp/index.html. implemented. Amendment 20B would SUMMARY: The Gulf of Mexico (Gulf) and FOR FURTHER INFORMATION CONTACT: remove the trip limit reduction to 500 South Atlantic Fishery Management Susan Gerhart, Southeast Regional lb (227 kg), which would allow the Councils (Councils) have submitted harvest of 1,250 lb (567 kg) per day until Amendment 20B to the Fishery Office, NMFS, telephone: 727–824– 5305; email: [email protected]. the quota for the subzone has been met Management Plan for the Coastal or projected to be met and the respective Migratory Pelagic Resources (CMP) in SUPPLEMENTARY INFORMATION: The subzone is closed to king mackerel the exclusive economic zone (EEZ) of Magnuson-Stevens Fishery harvest. the Gulf of Mexico and Atlantic Region Conservation and Management Act (FMP) (Amendment 20B) for review, (Magnuson-Stevens Act) requires each Gulf Migratory Group Eastern Zone approval, and implementation by regional fishery management council to Northern and Southern Subzone King NMFS. Amendment 20B includes submit any FMP or amendment to Mackerel Fishing Years actions to modify Gulf migratory group NMFS for review and approval, partial Currently the Florida west coast king mackerel trip limits and fishing approval, or disapproval. The northern subzone fishing year begins years, allow transit through areas closed Magnuson-Stevens Act also requires July 1 and ends on June 30, or when the to king mackerel fishing, create zones that NMFS, upon receiving a plan or quota is reached or projected to be and quotas for Atlantic migratory group amendment, publish an announcement reached. Amendment 20B would change king and Spanish mackerel, modify the in the Federal Register notifying the the Florida west coast northern subzone framework procedures for the FMP, public that the plan or amendment is fishing year to October 1 through increase annual catch limits (ACLs) for available for review and comment. September 30. Because the Councils did cobia, and create an east coast zone and The FMP being revised by not select a preferred alternative for the quotas for Gulf migratory group cobia. Amendment 20B was prepared by the southern subzone, the fishing year in Councils and implemented through DATES: Written comments must be that zone will remain July through June. received on or before December 16, regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act. Transit Through Areas Closed to King 2014. Mackerel Background ADDRESSES: You may submit comments Currently, persons who fish with a on Amendment 20B, identified by The current management regime for commercial vessel permit for king ‘‘NOAA–NMFS–2014–0176’’ by any of CMP species (king mackerel, Spanish mackerel may not fish for or possess the following methods: mackerel, and cobia) includes two king mackerel in a closed zone. • Electronic Submission: Submit all migratory groups for each species, the Amendment 20B would allow vessels electronic public comments via the Gulf migratory group and the Atlantic with king mackerel to transit through Federal e-Rulemaking Portal. Go to migratory group. Each migratory group areas that are closed to king mackerel www.regulations.gov/ is managed separately. Amendment 20B fishing as the result of a quota closure. #!docketDetail;D=NOAA-NMFS-2014- includes changes and additions to 0176, click the ‘‘Comment Now!’’ icon, fishing regulations for each migratory Atlantic Migratory Group King and complete the required fields, and enter group to allow for more targeted Spanish Mackerel Zones or attach your comments. management of CMP species. Currently, there is one commercial • Mail: Submit written comments to quota for Atlantic migratory group king Susan Gerhart, Southeast Regional Actions Contained in Amendment 20B mackerel and one commercial quota for Office, NMFS, 263 13th Avenue South, Amendment 20B contains actions to Atlantic migratory group Spanish St. Petersburg, FL 33701. modify Gulf migratory group king mackerel. Amendment 20B would Instructions: Comments sent by any mackerel trip limits and fishing years, create northern and southern zones for other method, to any other address or allow transit through areas closed to Atlantic migratory group king and individual, or received after the end of king mackerel fishing, create zones and Spanish mackerel, each with separate the comment period, may not be quotas for Atlantic migratory group king commercial quotas. The boundary considered by NMFS. All comments and Spanish mackerel, modify the between the zones would be a line received are a part of the public record framework procedures for the FMP, extending from the South Carolina/ and will generally be posted for public increase ACLs for cobia, and create an North Carolina state line, with

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commercial quota allocation between South Atlantic) with jurisdiction for would also increase the ACLs for both the zones based on landings from the proposed management measures to migratory groups, the recreational ACT 2002/2003–2011/2012 fishing years. The approve framework amendments for the Atlantic migratory group, and the northern zone allocation would be establishing those management stock ACT for the Gulf zone. calculated using combined commercial measures without approval from the A proposed rule that would landings from North Carolina, Virginia, other council. implement measures outlined in Maryland, Delaware, Pennsylvania, New Amendment 20B has been drafted. In Cobia Zones, ACLs, and Annual Catch Jersey, and New York. The southern accordance with the Magnuson-Stevens Targets (ACTs) zone allocation would be calculated Act, NMFS is evaluating the proposed using combined commercial landings Amendment 20B addresses the results rule to determine whether it is from South Carolina, Georgia, and the of the most recent stock assessment for consistent with the FMP, the Magnuson- Florida east coast and Florida Keys on Gulf and South Atlantic cobia. In Stevens Act, and other applicable law. the Atlantic side. NMFS would monitor Amendment 18 to the FMP, the If that determination is affirmative, the commercial quotas, and close Councils established separate migratory NMFS will publish the proposed rule in Federal waters in each zone when the groups of cobia using the Councils’ the Federal Register for public review respective quota is reached or projected boundary in Monroe County. However, and comment. to be reached. Transfer of quota between the most recent stock assessment Consideration of Public Comments zones would be allowed through a determined that the biological boundary request to NMFS initiated by North should be at the Florida/Georgia line. The Council submitted Amendment Carolina (northern Zone) or Florida The stock assessment results define 20B for Secretarial review, approval, (southern Zone). The recreational ACLs Georgia north through the Mid-Atlantic and implementation on May 22, 2014. for Atlantic migratory group king and area for the Atlantic migratory group, Comments received by December 16, Spanish mackerel will remain and the entire east coast of Florida 2014, whether specifically directed to unchanged. through Texas for the Gulf migratory the amendment or the proposed rule, group. To adjust for this difference will be considered by NMFS in its Modifications to the FMP Framework between the Councils’ jurisdictional decision to approve, disapprove, or Procedures areas for cobia and the areas used by the partially approve the amendment. Currently, any changes to acceptable stock assessment, Gulf migratory group Comments received after that date will biological catches (ABCs) and ABC cobia would be divided into a Gulf zone not be considered by NMFS in this control rules, ACLs and ACL control (Texas through the Gulf side of the decision. All comments received by rules, and accountability measures must Florida Keys) and an east coast zone NMFS on the amendment or the be established through a plan (east coast of Florida and Atlantic side proposed rule during their respective amendment. Amendment 20B would of the Florida Keys, i.e., the area within comment periods will be addressed in modify the framework procedures for the South Atlantic Council’s the final rule. the FMP. The changes would allow jurisdiction). The Gulf ACL would be Authority: 16 U.S.C. 1801 et seq. modification to the management allocated between the zones based on measures described above under the landings from the 1998–2012 fishing Dated: October 14, 2014. standard documentation process of the years. The South Atlantic Council Alan D. Risenhoover, open framework procedure. would be responsible for regulations for Director, Office of Sustainable Fisheries, Amendment 20B would also modify the the east coast zone, similar to National Marine Fisheries Service. framework procedures to the FMP to management of the east coast subzone [FR Doc. 2014–24689 Filed 10–16–14; 8:45 am] allow the appropriate council (Gulf or for king mackerel. Amendment 20B BILLING CODE 3510–22–P

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Notices Federal Register Vol. 79, No. 201

Friday, October 17, 2014

This section of the FEDERAL REGISTER number and the agency informs Total Burden Hours: 63,000. contains documents other than rules or potential persons who are to respond to Charlene Parker, proposed rules that are applicable to the the collection of information that such Departmental Information Collection public. Notices of hearings and investigations, persons are not required to respond to committee meetings, agency decisions and Clearance Officer. the collection of information unless it rulings, delegations of authority, filing of [FR Doc. 2014–24656 Filed 10–16–14; 8:45 am] displays a currently valid OMB control petitions and applications and agency BILLING CODE 3411–15–P statements of organization and functions are number. examples of documents appearing in this Forest Service section. DEPARTMENT OF AGRICULTURE Title: National Forest System Land Management Planning—Generic Forest Service DEPARTMENT OF AGRICULTURE Collection. Saguache Ranger District, Rio Grande Submission for OMB Review; OMB Control Number: 0596–0234 National Forest; Colorado; La Garita Comment Request Summary of Collection: Section 6 of Hills Restoration Project October 10, 2014. the National Forest Management Act of AGENCY: Forest Service, USDA. 1976 (16 U.S.C. 1600 et seq.) and The Department of Agriculture has ACTION: Notice of intent to prepare an implementing regulations 36 CFR 219 submitted the following information environmental impact statement. collection requirement(s) to OMB for (2012 Planning Rule) direct the U.S. review and clearance under the Forest Service to revise land SUMMARY: The Saguache Ranger District, Paperwork Reduction Act of 1995, management plans for each National Rio Grande National Forest (USFS), and Public Law 104–13. Comments Forest System unit every 15 years, and San Luis Valley Field Office, Bureau of regarding (a) whether the collection of to continuously monitor conditions to Land Management (BLM), propose to information is necessary for the proper inform interim or subsequent planning conduct restoration activities on up to performance of the functions of the actions. The planning process requires 90,000 acres within the 187,778 acre La agency, including whether the public participation and involvement. Gartia Hills (LGH) analysis area; information will have practical utility; As such, the agency will invite public approximately 145,709 acres are (b) the accuracy of the agency’s estimate participation broadly to facilitate public managed by the USFS and 33,294 acres of burden including the validity of the comments and submission of are managed by the BLM. All activities methodology and assumptions used; (c) information that members of the public would occur only on federal lands. The ways to enhance the quality, utility and find to be relevant. analysis area is located west and clarity of the information to be northwest of the town of La Garita in Need and Use of the Information: To collected; (d) ways to minimize the Saguache County, in south central burden of the collection of information ensure that the Agency can be inclusive Colorado. Treatment activities could on those who are to respond, including of, and responsive to, customer/ include mechanical thinning, hand through the use of appropriate stakeholder concerns during the thinning, mastication, hazard tree automated, electronic, mechanical, or development, assessment, and removal, salvage, prescribed fire, tree other technological collection monitoring of National Forest System planting, and relocation of selected road techniques and other forms of Land Management Plans, the agency segments. The treatments will be used information technology. will use a variety of methods, such as singularly or in combination to Comments regarding this information but not limited to, customer/stakeholder transition the landscape towards long- collection received by November 17, comment cards, focus groups, small term desired future conditions that are 2014 will be considered. Written discussion groups and surveys. more characteristic of a resilient forest, comments should be addressed to: Desk Feedback and input will provide as described in the Rio Grande National Officer for Agriculture, Office of insights into customer or stakeholder Forest and San Luis Resource Area Information and Regulatory Affairs, perceptions, experiences and Management Plans. Resilient landscapes Office of Management and Budget expectations, provide an early warning are more resistant to droughts, insect (OMB), New Executive Office Building, of issues with service, or focus attention outbreaks, diseases, potential large 725—17th Street NW., Washington, DC, on areas where communications, wildfires, and will also offer additional 20503. Commentors are encouraged to training, or changes in operations might protection to identified values at risk submit their comments to OMB via improve delivery of products or services including: adjacent private land and email to: OIRA_Submission@ such as improved Land Management property, water quality, watershed omb.eop.gov or fax (202) 395–5806 and Planning or the implementation thereof. health, transportation systems, to Departmental Clearance Office, Description of Respondents: recreation sites, wildlife habitats, USDA, OCIO, Mail Stop 7602, Individuals or households; Business or heritage sites, and timber resources. The Washington, DC 20250–7602. Copies of other for-profit; Not-for-profit USFS is the lead agency for the the submission(s) may be obtained by institutions; and State, Local, Tribal Environmental Impact Statement and the BLM is participating as a calling (202) 720–8681. Government An agency may not conduct or cooperating agency. sponsor a collection of information Number of Respondents: 37,250. DATES: Comments concerning the scope unless the collection of information Frequency of Responses: Reporting: of the analysis must be received by displays a currently valid OMB control On occasion. November 17, 2014. The draft

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environmental impact statement is planting or aspen regeneration would be Decisions (RODs), prepared by each expected in May 2015 and the final used to meet stocking or species Responsible Official, will explain their environmental impact statement is composition/diversity goals in selected decisions regarding the types of expected in August 2015. areas. The overall emphasis will be on treatments, if any, that will be ADDRESSES: Send written comments to reducing conifer density in treated implemented, locations of treatments, Diana McGinn, Team Leader, San Luis stands to increase landscape diversity monitoring methods to be used, and any Valley Public Land Center, 1803 W. and patchiness to protect values at risk. adaptive management strategies that Hwy 160, Monte Vista, CO 81144. Values at risk include: adjacent private will be used to provide future Electronic comments may be submitted land and property, water quality, adjustments to the decisions. online using the ‘‘Comment on Project’’ watershed health, transportation Scoping Process option on the project Web page (address systems, recreation sites, wildlife below) or emailed to: comments-rocky- habitats, heritage sites, and timber This notice of intent initiates the scoping process, which guides the mountain-rio-grande-saguache@ resources. Several treatment activities development of the environmental fs.fed.us, or via facsimile to 719–852– may occur on the same acres and impact statement. The purpose of the 6250, with a subject of LGH Project. treatments will occur across a variety of vegetation zones ranging from spruce-fir public scoping process is to determine FOR FURTHER INFORMATION CONTACT: the relevant issues related to the Diana McGinn at 719–852–6241 or visit to pin˜ on-juniper. Several sections of open National Forest System Roads proposed actities in the LGH project the Forest Web site: http:// area that will influence the scope of the www.fs.usda.gov/projects/riogrande/ (NFSRs) would be relocated to improve water quality and protect riparian anlaysis and alternatives. The Forest landmanagement/projects; look for the invites public comment and La Garita Hills Restoration Project. vegetation. No new system roads would be constructed, though additional participation for this project by Individuals who use telecommunication publication of this notice. Comments are devices for the deaf (TDD) may call the temporary roads would be needed in some areas for commercial timber also invited by: publication in the USFS Federal Information Relay Service quarterly Schedule of Proposed Actions (FIRS) at 1–800–877–8339 between 8 harvest operations. All land management plan standards, guidelines, (SOPA); public notice regarding this a.m. and 8 p.m., Eastern Time, Monday project in the newspaper of record, the through Friday. and best management practices will be adhered to and incorporated into project Valley Courier; letters or other SUPPLEMENTARY INFORMATION: communications to potentially designs. interested individuals, tribal Purpose and Need for Action Possible Alternatives governments, elected officials, and State The recent extended drought and In this EIS we may use the Iterative and other Federal Agencies. Information large wildfires on the Forest and nearby Alternative Process to make incremental and updates may also be posted on the areas have focused attention on the changes to our initial proposed action to Rio Grande National Forest project Web continual declining vigor and health of ensure that it is viable and responsive site as this project progresses. All forests and rangelands in the LGH to our ongoing analysis and public comments received during this scoping project area. The purpose and need for comments. The no-action alternative period and a previous scoping effort in this project is move toward achieving will represent no change from current 2013 will be considered. long-term desired conditions as activities and serves as the baseline for Comments received in response to described in the land management plans the comparison among the action this solicitation, including names and for this area regarding maintaining, alternatives. Based on comments addresses of those who comment will be improving, or restoring: forest and received following the initial 2013 part of the public record for this rangeland health, wildlife habitats, scoping, part of one alternative will proposed action. Comments submitted stream, riparian, and watershed health, include no salvage harvest, except anonymously will be accepted and while providing personal use wood hazard trees, in the spruce or spruce considered; however anonymous products, safe recreation use, addressing mix zones; these vegetation zones are comments will not provide the Agency fuel buildup, especially near private currently being effected by an ongoing with the ability to provide the lands, and the access to forest products spruce beetle epidemic. respondent with subsequent in support of the local rural economy. environmental documents. Strategic investments in vegetation Lead and Cooperating Agencies Notice of Importance of Public treatments would be used to address The USFS is the lead agency for this Participation in Subsequent these needs. EIS, the BLM will be a cooperating Environmental Review agency. Proposed Action Since the analysis area includes In response to the conditions Responsible Officials federal lands managed by both the described above, the proposed action is The Responsible Officials for these Forest Service and BLM, there will be a to effectively treat up to 90,000 acres decisions will be the USFS Saguache combined analysis with separate within the 187,778 acre analysis area District Ranger and BLM San Luis decisions. For the Forest Service, this over a 10 to 15 year period. Resource Area Field Manager located at project will proceed under the objection Combinations of mechanical harvest 46525 State Hwy 114, Saguache, CO process (36 CFR part 218 (Subparts A with product removal, mastication, 81149. and B)) which provides for an objection hand thinning, and prescribed burning period prior to a final decision being will be used to move toward desired Nature of Decision To Be Made made. In order to be eligible to file an conditions related to vegetation An environmental impact statement objection, specific written comments structure, species composition, patterns, (EIS) that discloses the environmental relating to this project must be fuel loading, and health; recovering consequences of implementing the submitted; comments must be within merchantable forest products from proposed action or alternatives to the the scope of this project and be directly insect or disease mortality areas will proposed action, including No Action, related to this project and be submitted also be an objective, as appropriate. Tree will be prepared. Separate Record of during scoping or other public

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involvement opportunities and should the instructions to view Department of within 30 days of publication of this clearly articulate the reviewer’s Commerce collections currently under notice to OIRA_Submission@ concerns and contentions. For this review by OMB. omb.eop.gov or fax to (202) 395–5806. project, opportunities for public Written comments and Dated: October 10, 2014. recommendations for the proposed participation will include this comment Glenna Mickelson, period following publication of this information collection should be sent within 30 days of publication of this Management Analyst, Office of the Chief Notice of Intent and the 45-day Information Officer. comment period on the draft EIS notice to OIRA_Submission@ following publication by the omb.eop.gov or fax to (202) 395–5806. [FR Doc. 2014–24686 Filed 10–16–14; 8:45 am] BILLING CODE 3510–JE–P Enviornmental Protection Agency of the Dated: October 10, 2014. Notice of Availability in the Federal Glenna Mickelson, Register. It is the responsibility of Management Analyst, Office of the Chief DEPARTMENT OF COMMERCE persons providing comments to submit Information Officer. them by the close of the comment [FR Doc. 2014–24678 Filed 10–16–14; 8:45 am] Submission for OMB Review; periods. Only those who submit timely Comment Request and specific written comments will BILLING CODE 3510–22–P have eligibility (36 CFR 218.5) to file an The Department of Commerce will objection under 36 CFR 218.8. submit to the Office of Management and DEPARTMENT OF COMMERCE Budget (OMB) for clearance the Dated: October 9, 2014. following proposal for collection of James Pitts, Submission for OMB Review; Comment Request information under the provisions of the District Ranger. Paperwork Reduction Act (44 U.S.C. [FR Doc. 2014–24769 Filed 10–16–14; 8:45 am] The Department of Commerce will Chapter 35). BILLING CODE 3410–11–P submit to the Office of Management and Agency: National Oceanic and Budget (OMB) for clearance the Atmospheric Administration (NOAA). following proposal for collection of Title: Greater Atlantic Region Dealer DEPARTMENT OF COMMERCE information under the provisions of the Purchase Reports. Paperwork Reduction Act (44 U.S.C. OMB Control Number: 0648–0229. Submission for OMB Review; Chapter 35). Form Number(s): None. Comment Request Agency: National Oceanic and Type of Request: Regular (extension of a current information collection). The Department of Commerce will Atmospheric Administration (NOAA). Title: Cooperative Charting Programs. Number of Respondents: 657. submit to the Office of Management and OMB Control Number: 0648–0022. Average Hours per Response: 4 Budget (OMB) for clearance the Form Number(s): None. minutes. following proposal for collection of Type of Request: Regular (revision Burden Hours: 2,278. information under the provisions of the and extension of a current information Needs and Uses: This request is for Paperwork Reduction Act (44 U.S.C. collection). extension of a current information Chapter 35). Number of Respondents: 600. collection. Agency: National Oceanic and Average Hours per Response: 2–3. Federally permitted dealers, and any Atmospheric Administration (NOAA). Burden Hours: 2,540. individual acting in the capacity of a Title: NOAA Fisheries Greater Needs and Uses: This request is for dealer, must submit to the Regional Atlantic Region Vessel Identification revision and extension of a current Administrator or to the official designee Requirements. information collection. a detailed report of all fish purchased or OMB Control Number: 0648–0350. The U.S. Power Squadrons and the Form Number(s): None. received for a commercial purpose, Type of Request: Regular (extension of U.S. Coast Guard Auxiliary members other than solely for transport on land a current information collection). report observations of changes that by one of the available electronic Number of Respondents: 3,675. require additions, corrections or reporting mechanisms approved by Average Hours per Response: 45 revisions to Nautical Charts using a Web National Marine Fisheries Service minutes. site to report the information. The (NMFS). The information obtained is Burden Hours: 2,756. information provided is used by NOAA used by economists, biologists, and Needs and Uses: This request is for National Ocean Service to maintain and managers in the management of the extension of a currently approved prepare new additions that are used fisheries. The data collection parameters information collection. nationwide by commercial and are consistent with the current Regulations at 50 CFR 648.8 and 697.8 recreational navigators. Revision: requirements for Federal dealers under require that owners of vessels over 25 ft formerly a paper form was used for U.S the authority of the Magnuson-Stevens and, if possible, on its stern. The official Coast Guard auxiliary reporting, and Fishery Conservation and Management number must be displayed on the port now a Web site is used. Act. and starboard sides of the deckhouse or Affected Public: Individuals or Affected Public: Business or other for- hull, and on an appropriate weather households. profit organizations. deck so as to be clearly visible from Frequency: On occasion. Frequency: Weekly. enforcement vessels and aircraft. The Respondent’s Obligation: Voluntary. Respondent’s Obligation: Mandatory. display of the identifying characters This information collection request This information collection request aids in fishery law enforcement. may be viewed at reginfo.gov. Follow may be viewed at reginfo.gov. Follow Affected Public: Business or other for- the instructions to view Department of the instructions to view Department of profit organizations. Commerce collections currently under Commerce collections currently under Frequency: Annually. review by OMB. review by OMB. Respondent’s Obligation: Mandatory. Written comments and Written comments and This information collection request recommendations for the proposed recommendations for the proposed may be viewed at reginfo.gov. Follow information collection should be sent information collection should be sent

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within 30 days of publication of this Public comment is invited from and Richmond, Virginia, within and notice to OIRA_Submission@ interested parties. Submissions shall be adjacent to the Richmond Customs and omb.eop.gov or fax to (202) 395–5806. addressed to the FTZ Board’s Executive Border Protection port of entry, and FTZ Dated: October 10, 2014. Secretary at the address below. The 207’s existing Sites 1, 2, and 3 would be Glenna Mickelson, closing period for their receipt is categorized as magnet sites; Management Analyst, Office of the Chief December 16, 2014. Rebuttal comments Whereas, notice inviting public Information Officer. in response to material submitted comment was given in the Federal during the foregoing period may be Register (79 FR 29414, 05–22–2014) and [FR Doc. 2014–24679 Filed 10–16–14; 8:45 am] submitted during the subsequent 15-day the application has been processed BILLING CODE 3510–22–P period to December 31, 2014. pursuant to the FTZ Act and the Board’s A copy of the application will be regulations; and, DEPARTMENT OF COMMERCE available for public inspection at the Whereas, the Board adopts the Office of the Executive Secretary, findings and recommendations of the Foreign-Trade Zones Board Foreign-Trade Zones Board, Room examiner’s report, and finds that the 21013, U.S. Department of Commerce, requirements of the FTZ Act and the [B–72–2014] 1401 Constitution Avenue NW., Board’s regulations are satisfied; Foreign-Trade Zone 288—Northwest Washington, DC 20230–0002, and in the Now, therefore, the Board hereby Iowa; Application for Reorganization ‘‘Reading Room’’ section of the FTZ orders: (Expansion of Service Area) Under Board’s Web site, which is accessible The application to reorganize FTZ 207 Alternative Site Framework via www.trade.gov/ftz. For further under the ASF is approved, subject to information, contact Elizabeth the FTZ Act and the Board’s regulations, An application has been submitted to Whiteman at Elizabeth.Whiteman@ including Section 400.13, to the Board’s the Foreign-Trade Zones (FTZ) Board by trade.gov or (202) 482–0473. standard 2,000-acre activation limit for the Northwest Iowa Development the zone and to a five-year ASF sunset Corporation, grantee of Foreign-Trade Dated: October 14, 2014. Andrew McGilvray, provision for magnet sites that would Zone 288, requesting authority to terminate authority for Sites 2 and 3 if Executive Secretary. reorganize the zone to expand its service not activated by October 31, 2019. area under the alternative site [FR Doc. 2014–24722 Filed 10–16–14; 8:45 am] Signed at Washington, DC, this 2nd day of framework (ASF) adopted by the FTZ BILLING CODE 3510–DS–P October 2014. Board (15 CFR 400.2(c)). The ASF is an option for grantees for the establishment Paul Piquado, or reorganization of zones and can DEPARTMENT OF COMMERCE Assistant Secretary of Commerce for Import permit significantly greater flexibility in Administration, Alternate Chairman, Foreign- the designation of new subzones or Foreign-Trade Zones Board Trade Zones Board. ‘‘usage-driven’’ FTZ sites for operators/ [Order No. 1950] Attest: users located within a grantee’s ‘‘service Andrew McGilvray, area’’ in the context of the FTZ Board’s Reorganization of Foreign-Trade Zone Executive Secretary. standard 2,000-acre activation limit for 207 Under Alternative Site Framework, [FR Doc. 2014–24721 Filed 10–16–14; 8:45 am] a zone. The application was submitted Richmond, Virginia BILLING CODE 3510–DS–P pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), Pursuant to its authority under the Foreign- Trade Zones Act of June 18, 1934, as and the regulations of the FTZ Board (15 amended (19 U.S.C. 81a–81u), the Foreign- DEPARTMENT OF COMMERCE CFR part 400). It was formally docketed Trade Zones Board (the Board) adopts the on October 14, 2014. following Order: National Oceanic and Atmospheric FTZ 288 was approved under the ASF Administration by the FTZ Board on November 26, 2013 Whereas, the Board adopted the (Board Order 1921, 78 FR 75330–75331; alternative site framework (ASF) (15 RIN 0648–XD554 12/11/2013). The zone currently has a CFR 400.2(c)) as an option for the service area that includes Cherokee, establishment or reorganization of New England Fishery Management Lyon, O’Brien, Osceola, Plymouth and zones; Council; Public Meeting Sioux Counties, Iowa. Whereas, the Capital Region Airport AGENCY: National Marine Fisheries The applicant is now requesting Commission, grantee of Foreign-Trade Service (NMFS), National Oceanic and authority to expand the service area of Zone 207, submitted an application to Atmospheric Administration (NOAA), the zone to include Woodbury County, the Board (FTZ Docket B–39–2014, Commerce. Iowa, as described in the application. If docketed 05–16–2014) for authority to approved, the grantee would be able to reorganize under the ASF with a service ACTION: Notice; public meeting. serve sites throughout the expanded area consisting of the Counties of SUMMARY: The New England Fishery service area based on companies’ needs Amelia, Appomattox, Brunswick, Management Council (Council) is for FTZ designation. The proposed Buckingham, Caroline, Charles City, scheduling a public meeting of its expanded service area is adjacent to the Charlotte, Chesterfield, Cumberland, Herring Advisory Panel to consider Sioux Falls Customs and Border Dinwiddie, Essex, Greensville, actions affecting New England fisheries Protection Port of Entry. Goochland, Hanover, Henrico, King and In accordance with the FTZ Board’s Queen, King George, King William, in the exclusive economic zone (EEZ). regulations, Elizabeth Whiteman of the Lancaster, Lunenburg, Mecklenburg, Recommendations from this group will FTZ Staff is designated examiner to Middlesex, New Kent, Northumberland, be brought to the full Council for formal evaluate and analyze the facts and Nottoway, Powhatan, Prince Edward, consideration and action, if appropriate. information presented in the application Prince George, Richmond and DATES: This meeting will be held on and case record and to report findings Westmoreland and the Cities of Colonial Monday, November 3, 2014 at 10 a.m. and recommendations to the FTZ Board. Heights, Emporia, Hopewell, Petersburg ADDRESSES:

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Meeting address: The meeting will be DEPARTMENT OF COMMERCE before this group for discussion, those held at the Holiday Inn, 300 Woodbury issues may not be the subject of formal Avenue, Portsmouth, NH 03801; National Oceanic and Atmospheric action during the meeting. Action will telephone: (603) 431–8000; fax: (603) Administration be restricted to those issues specifically 501–3733. RIN 0648–XD555 listed in this notice and any issues Council address: New England arising after publication of this notice Fishery Management Council, 50 Water New England Fishery Management that require emergency action under Street, Mill 2, Newburyport, MA 01950. Council; Public Meeting section 305(c) of the Magnuson-Stevens FOR FURTHER INFORMATION CONTACT: Act, provided the public has been AGENCY: National Marine Fisheries Thomas A. Nies, Executive Director, notified of the Council’s intent to take Service (NMFS), National Oceanic and final action to address the emergency. New England Fishery Management Atmospheric Administration (NOAA), Council; telephone: (978) 465–0492. Commerce. Special Accommodations SUPPLEMENTARY INFORMATION: The items ACTION: Notice; public meeting. of discussion on the agenda are: This meeting is physically accessible The review of updated information SUMMARY: The New England Fishery to people with disabilities. Requests for about the industry-based river herring Management Council (Council) is sign language interpretation or other bycatch avoidance program (MA DMF/ scheduling a public meeting of its auxiliary aids should be directed to SMAST/SFC) and develop Herring Committee to consider actions Thomas A. Nies, Executive Director, at recommendations. They will also affecting New England fisheries in the (978) 465–0492, at least 5 days prior to review/discuss information related to exclusive economic zone (EEZ). the meeting date. consideration of adding river herring Recommendations from this group will Authority: 16 U.S.C. 1801 et seq. and shad as stocks in the Atlantic be brought to the full Council for formal Dated: October 14, 2014. consideration and action, if appropriate. herring fishery and develop Tracey L. Thompson, recommendations. Additionally, they DATES: This meeting will be held on Acting Deputy Director, Office of Sustainable will discuss possible upcoming herring- Tuesday, November 4, 2014 at 9:30 a.m. Fisheries, National Marine Fisheries Service. related management actions and ADDRESSES: [FR Doc. 2014–24708 Filed 10–16–14; 8:45 am] develop recommendations for the Meeting address: The meeting will be Herring Committee to consider held at the Holiday Inn, 300 Woodbury BILLING CODE 3510–22–P regarding Atlantic herring management Avenue, Portsmouth, NH 03801; priorities for 2015. The panel will also telephone: (603) 431–8000; fax: (603) DEPARTMENT OF COMMERCE review/discuss options under 501–3733. consideration in the NMFS-led omnibus Council address: New England National Oceanic and Atmospheric Industry-Funded Monitoring Fishery Management Council, 50 Water Administration Amendment to address observer Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: coverage on Atlantic herring vessels; RIN 0648–XD552 develop recommendations. The Thomas A. Nies, Executive Director, committee will discuss other business New England Fishery Management New England Fishery Management as necessary. Council; telephone: (978) 465–0492. Council; Public Meeting Although non-emergency issues not SUPPLEMENTARY INFORMATION: The contained in this agenda may come committee will receive a report from the AGENCY: National Marine Fisheries before the group for discussion, those November 3, 2014 Herring Advisory Service (NMFS), National Oceanic and issues may not be the subject of formal Panel (AP) meeting and consider the Atmospheric Administration (NOAA), action during the meeting. Action will Herring AP recommendations. They will Commerce. be restricted to those issues specifically also review updated information about ACTION: Notice; public meeting. listed in this notice and any issues the industry-based river herring bycatch arising after publication of this notice avoidance program (MA DMF/SMAST/ SUMMARY: The New England Fishery that require emergency action under SFC) and develop recommendations. Management Council’s (Council) Risk section 305(c) of the Magnuson-Stevens Additionally, the committee will review Policy Working Group will meet to Act, provided the public has been and discuss information related to review scientific information affecting notified of the Council’s intent to take consideration of adding river herring New England fisheries in the exclusive final action to address the emergency. and shad as stocks in the Atlantic economic zone (EEZ). herring fishery and develop Special Accommodations recommendations. They will also DATES: The meeting will be held on This meeting is physically accessible discuss possible upcoming herring- Wednesday, November 5, 2014 to people with disabilities. Requests for related management actions and beginning at 10 a.m. sign language interpretation or other develop recommendations for the ADDRESSES: The meeting will be held at auxiliary aids should be directed to Council to consider regarding Atlantic the Holiday Inn, 300 Woodbury Ave., Thomas A. Nies, Executive Director, at herring management priorities for 2015. Portsmouth, NH 03801; telephone: (603) (978) 465–0492, at least 5 days prior to The committee plans to review and 431–8000. the meeting date. discuss options under consideration in Council address: New England Authority: 16 U.S.C. 1801 et seq. the NMFS-led omnibus Industry- Fishery Management Council, 50 Water Funded Monitoring Amendment to Street, Mill 2, Newburyport, MA 01950. Dated: October 14, 2014. address observer coverage on Atlantic FOR FURTHER INFORMATION CONTACT: Tracey L. Thompson, herring vessels and develop Acting Deputy Director, Office of Sustainable recommendations. The committee will Thomas A. Nies, Executive Director, Fisheries, National Marine Fisheries Service. discuss other business as necessary. New England Fishery Management [FR Doc. 2014–24707 Filed 10–16–14; 8:45 am] Although non-emergency issues not Council; telephone: (978) 465–0492. BILLING CODE 3510–22–P contained in this agenda may come SUPPLEMENTARY INFORMATION:

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Agenda Items 603–0655, or email CMTEFedReg@ Federal Government under 41 USC The Risk Policy Working Group will AbilityOne.gov. 8501–8506 and 41 CFR 51–2.4. continue work on the Council’s Risk SUPPLEMENTARY INFORMATION: This Regulatory Flexibility Act Certification Policy—discuss implementation and notice is published pursuant to 41 USC I certify that the following action will application of policy across all Council- 8503 (a)(2) and 41 CFR 51–2.3. Its not have a significant impact on a managed species; discuss baseline purpose is to provide interested persons substantial number of small entities. conditions for Council-managed species, an opportunity to submit comments on The major factors considered for this i.e., how risk is currently addressed; the proposed actions. certification were: review available information and plan Deletions 1. The action will not result in any 2015 work and address other business additional reporting, recordkeeping or as necessary. The following products are proposed other compliance requirements for small Although non-emergency issues not for deletion from the Procurement List: entities other than the small contained in this agenda may come organization that will provide the before this group for discussion, those Products service to the Government. issues may not be the subject of formal Clamp, Loop/Cushion Type AMS3839 2. The action will result in action during the meeting. Action will NSN: 5340–00–410–6441 authorizing a small entity to provide the be restricted to those issues specifically NSN: 5340–00–411–2953 service to the Government. listed in this notice and any issues NPA: Provail, Seattle, WA 3. There are no known regulatory arising after publication of this notice Contracting Activity: Defense Logistics alternatives which would accomplish that require emergency action under Agency Troop Support, Philadelphia, PA the objectives of the Javits-Wagner- section 305(c) of the Magnuson-Stevens Barry S. Lineback, O’Day Act (41 USC 8501–8506) in Act, provided the public has been Director, Business Operations. connection with the service proposed notified of the Council’s intent to take [FR Doc. 2014–24710 Filed 10–16–14; 8:45 am] for addition to the Procurement List. final action to address the emergency. BILLING CODE 6353–01–P End of Certification Special Accommodations Accordingly, the following service is This meeting is physically accessible COMMITTEE FOR PURCHASE FROM added to the Procurement List: to people with disabilities. Requests for PEOPLE WHO ARE BLIND OR sign language interpretation or other SEVERELY DISABLED SERVICE auxiliary aids should be directed to Service Type/Location: 3d Party Logistics Thomas A. Nies (see ADDRESSES) at least Procurement List Addition Service Product Manager Force 5 days prior to the meeting date. Sustainment Systems, 15 Kansas Street, AGENCY: Committee for Purchase From Natick, MA Authority: 16 U.S.C. 1801 et seq. People Who Are Blind or Severely NPA: ReadyOne Industries, Inc., El Paso, TX Dated: October 14, 2014. Disabled. Contracting Activity: Dept of the Army, Tracey L. Thompson, ACTION: Addition to the Procurement W6QK ACC–APG Natick, Natick, MA Acting Deputy Director, Office of Sustainable List. Comments were received from two Fisheries, National Marine Fisheries Service. commercial contractors. The contractors SUMMARY: [FR Doc. 2014–24706 Filed 10–16–14; 8:45 am] This action adds a service to assert that the Committee’s notice of the Procurement List that will be BILLING CODE 3510–22–P proposed addition was vague and provided by a nonprofit agency lacked specificity; therefore, the employing persons who are blind or Committee could not have properly have other severe disabilities. COMMITTEE FOR PURCHASE FROM assessed the impact on the contractors’ DATES: Effective Date: 11/17/2014 PEOPLE WHO ARE BLIND OR firms. One contractor questioned SEVERELY DISABLED ADDRESSES: Committee for Purchase whether the project would create From People Who Are Blind or Severely employment for people with significant Procurement List; Proposed Deletions Disabled, 1401 S. Clark Street, Suite disabilities. 10800, Arlington, Virginia, 22202–4149. The notice of proposed addition listed AGENCY : Committee for Purchase From FOR FURTHER INFORMATION CONTACT: the service type as ‘‘3d Party Logistics People Who Are Blind or Severely Barry S. Lineback, Telephone: (703) Service’’ and was further described as: Disabled. 603–7740, Fax: (703) 603–0655, or email ‘‘Provide contract management services ACTION: Proposed deletions from the [email protected]. and Warehousing and Supply Chain Procurement List. SUPPLEMENTARY INFORMATION: Management (Integration, Warehousing, and Refurbishment).’’ The Department SUMMARY: The Committee is proposing Addition of the Army, Army Contracting to delete products previously furnished On 3/28/2014 (79 FR 17509–17510), Command-Aberdeen Proving Ground by the nonprofit agency employing the Committee for Purchase From (Natick Contracting Division), often persons who are blind or have other People Who Are Blind or Severely referred to as Natick or NCD, is the severe disabilities. Disabled published notice of proposed contracting activity in support of the Comments Must Be Received On Or addition to the Procurement List. requirements of Product Manager Force Before: 11/17/2014. After consideration of the material Sustainment System (PMFSS). ADDRESSES: Committee for Purchase presented to it concerning capability of ‘‘3d Party Logistics’’ (3PL) is a From People Who Are Blind or Severely qualified nonprofit agency to provide common, well-defined commercial Disabled, 1401 S. Clark Street, Suite the service and impact of the addition service provided by multiple 10800, Arlington, Virginia 22202–4149. on the current or most recent commercial companies to many FOR FURTHER INFORMATION OR TO SUBMIT contractors, the Committee has Government agencies, including the COMMENTS CONTACT: Barry S. Lineback, determined that the service listed below Department of Defense (DOD). While Telephone: (703) 603–7740, Fax: (703) is suitable for procurement by the 3PL is a recognized service, the

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Committee’s notice of proposed in this proposed PL addition are not the COMMODITY FUTURES TRADING addition included substantial additional same. For these reasons, the contracting COMMISSION explanation and description of the activity confirmed in writing and the specific service requirements. Commission concluded that there is no Fees for Reviews of the Rule Consequently, the Committee disagrees current contractor providing the specific Enforcement Programs of Designated that the notice is vague and lacks services included in the proposed PL Contract Markets and Registered specificity, and finds that the notice addition. Futures Associations effectively describes the requirements The commercial contractors are AGENCY: Commodity Futures Trading experienced DOD vendors. One the AbilityOne nonprofit agency will Commission. perform. contractor’s annual revenues exceed the In accordance with Committee range of revenues that the Committee ACTION: Notice of 2014 Schedule of Fees. regulations, Federal contracting determines could result in severe SUMMARY: The Commodity Futures activities assist the Committee to adverse financial impact on that Trading Commission (CFTC or identify necessary products and services contractor if the service is added to the Commission) charges fees to designated that are suitable for procurement by the PL. Although the Committee requested contract markets and registered futures Government and may be furnished by information from the contractors, they associations to recover the costs AbilityOne nonprofit agencies. In doing were unable to provide any contract incurred by the Commission in the so, contracting activities define their data demonstrating they were the operation of its program of oversight of specific contract requirements and current contractor to the Army self-regulatory organization (SRO) rule inform the Committee if there is a contracting activity (or another enforcement programs, specifically contractor providing the product or contracting activity) for the 3PL services National Futures Association (NFA), a service. When deliberating on a required in this addition. The registered futures association, and the proposed PL addition, the Committee Committee reviews the level of impact designated contract markets. The then considers whether a proposed on the ‘‘current contractor for the calculation of the fee amounts charged addition would likely have a severe specific commodity or services’’ [41 for 2014 by this notice is based upon an adverse financial impact on the current CFR 51–2.4(a)(4)(i)]. The contractors in average of actual program costs incurred contractor for the project. question are not current contractors for during fiscal year (FY) 2011, FY 2012, Both contractors that submitted the specific service requirement; and FY 2013. comments are awardees of the Defense therefore, under Committee regulations, DATES: Effective date: Each SRO is Logistics Agency (DLA) Special the Committee finds there is no severe required to remit electronically the Operational Equipment Tailored adverse impact on the contractors. applicable fee on or before December 16, Logistics Support (SOE TLS) contract to Further, the contractors continue to 2014. provide a range of commercial products have the opportunity to sell products FOR FURTHER INFORMATION CONTACT: and equipment to military customers. and equipment under the DLA SOE TLS Mary Jean Buhler, Chief Financial They claim the addition of the proposed prime vendor program. 3PL service to the Procurement List One contractor also questioned Officer, Commodity Futures Trading could result in severe adverse financial whether the project would create Commission; (202) 418–5089; Three impact to their sales under the DLA SOE employment for people with severe Lafayette Centre, 1155 21st Street NW., TLS contract. disabilities by referring to a prior project Washington, DC 20581. For information In response to the comments, the that was deleted from the PL. The on electronic payment, contact Jennifer Fleming; (202) 418–5034; Three Committee sought additional Committee conducts a deliberative Lafayette Centre, 1155 21st Street NW., information from the contracting review of specific proposed addition Washington, DC 20581. activity and the contactors, to ensure projects. To qualify for addition to the that appropriate information was fully PL, the Committee must determine that SUPPLEMENTARY INFORMATION: considered. In its response, the Army the record for this project demonstrates I. Background Information contracting activity clearly stated it does that it has the potential to generate not currently contract for the 3PL employment for people who are blind or A. General services as described in the statement of significantly disabled [41 CFR 51– This notice relates to fees for the work (SOW). The contracting activity 2.4(a)(1)]. In their review, the Commission’s review of the rule stated that through the SOW, it is Committee determined that the record enforcement programs at the registered seeking a complete one-stop supports that the 3PL services will futures associations 1 and designated standardized and centralized solution to create employment for people with contract markets (DCM), each of which address reduced budget and personnel significant disabilities. The record is an SRO regulated by the Commission. capacity within PM FSS. DLA’s specifies the amount of direct labor The Commission recalculates the fees solicitation for the SOE TLS states it is hours to be provided by people with charged each year to cover the costs of an indefinite delivery-indefinite significant disabilities and discusses operating this Commission program.2 quantity (IDIQ) contract for equipment referral sources for these individuals, The fees are set each year based on and ancillary services. This including current or previous nonprofit direct program costs, plus an overhead Procurement List addition of the 3PL agency employees with the skills to factor. The Commission calculates requirement is a firm-fixed price perform the proposed new positions. actual costs, then calculates an alternate contract for services explicitly identified Accordingly, after full consideration, fee taking volume into account, and in the SOW, including direct labor the Committee concluded that the 3PL then charges the lower of the two.3 services, as is appropriate for a 3PL Service is suitable for addition to the requirement; it is not an IDIQ contract Procurement List. 1 NFA is the only registered futures association. for products and equipment. Based on 2 See section 237 of the Futures Trading Act of these facts, the Army and the Barry S. Lineback, 1982, 7 U.S.C. 16a, and 31 U.S.C. 9701. For a Director, Business Operations. broader discussion of the history of Commission Commission concluded that the DLA fees, see 52 FR 46070 (Dec. 4, 1987). prime vendor contract and the Natick [FR Doc. 2014–24720 Filed 10–16–14; 8:45 am] 3 58 FR 42643 (Aug. 11, 1993) and 17 CFR part contract requirements for 3PL services BILLING CODE 6353–01–P 1, app. B.

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B. Overhead Rate calculates the fee to recover the costs of oversight program costs, they are in line its rule enforcement reviews and with the pro rata percentage for that The fees charged by the Commission examinations, based on the three-year SRO of United States industry-wide to the SROs are designed to recover average of the actual cost of performing contract volume. program costs, including direct labor such reviews and examinations at each costs and overhead. The overhead rate The calculation is made as follows: SRO. The cost of operation of the The fee required to be paid to the is calculated by dividing total Commission’s SRO oversight program Commission by each DCM is equal to Commission-wide overhead direct varies from SRO to SRO, according to the lesser of actual costs based on the program labor costs into the total the size and complexity of each SRO’s three-year historical average of costs for amount of the Commission-wide program. The three-year averaging overhead pool. For this purpose, direct computation method is intended to that DCM or one-half of average costs program labor costs are the salary costs smooth out year-to-year variations in incurred by the Commission for each of personnel working in all Commission cost. Timing of the Commission’s DCM for the most recent three years, programs. Overhead costs generally reviews and examinations may affect plus a pro rata share (based on average consist of the following Commission- costs—a review or examination may trading volume for the most recent three wide costs: Indirect personnel costs span two fiscal years and reviews and years) of the aggregate of average annual (leave and benefits), rent, examinations are not conducted at each costs of all DCMs for the most recent communications, contract services, SRO each year. three years. The formula for calculating utilities, equipment, and supplies. This As noted above, adjustments to actual the second factor is: 0.5a + 0.5 vt = formula has resulted in the following costs may be made to relieve the burden current fee. In this formula, ‘‘a’’ equals overhead rates for the most recent three on an SRO with a disproportionately the average annual costs, ‘‘v’’ equals the years (rounded to the nearest whole large share of program costs. The percentage of total volume across DCMs percent): 145 Percent for FY 2011, 161 Commission’s formula provides for a over the last three years, and ‘‘t’’ equals percent for FY 2012, and 181 percent for reduction in the assessed fee if an SRO the average annual costs for all DCMs. FY 2013. has a smaller percentage of United NFA has no contracts traded; hence, its fee is based simply on costs for the most C. Conduct of SRO Rule Enforcement States industry contract volume than its recent three fiscal years. This table Reviews percentage of overall Commission oversight program costs. This summarizes the data used in the Under the formula adopted by the adjustment reduces the costs so that, as calculations of the resulting fee for each Commission in 1993, the Commission a percentage of total Commission SRO entity:

Actual total costs 3-year average 3-year % of Volume FY 2014 FY 2011 FY 2012 FY 2013 actual costs volume adjusted costs assessed fee

CBOE Futures ...... $98,556 $29,278 $235,567 $121,134 0.66 $65,672 $65,672 Chicago Board of Trade 5,260 238,392 164,974 136,209 29.85 298,837 136,209 Chicago Mercantile Ex- change ...... 422,837 757,347 391,917 524,034 46.88 624,386 524,034 ELX Futures ...... 34,593 134,267 56,287 0.212 29,782 29,782 ICE Futures U.S...... 17,624 221,813 360,223 199,886 6.08 146,957 146,957 Kansas City Board of Trade ...... 30,976 34,335 559 21,957 0.17 12,331 12,331 Minneapolis Grain Ex- change ...... 88,790 60,897 220,975 123,554 0.04 62,122 62,122 NADEX North American ...... 11,293 101,252 37,515 0.000 18,758 18,758 New York Mercantile Exchange ...... 136,565 7,411 135,316 93,098 15.41 165,638 93,098 NYSE LIFFE US ...... 416,069 71,317 24,802 170,729 0.50 89,232 89,232 One Chicago ...... 55,755 128,599 61,452 0.176 32,085 32,085

Subtotal ...... 1,216,678 1,522,431 1,898,452 1,545,854 100 1,545,799 1,210,279

National Futures Asso- ciation ...... 416,615 487,328 186,499 363,480 ...... 363,480

Total ...... 1,633,293 2,009,759 2,084,950 1,909,334 ...... 1,573,760

An example of how the fee is c. The fee is the lesser of a or b; in (one-third of $1,090,441). The fee to be calculated for one exchange, the this case $136,209. paid by the NFA for the current fiscal Chicago Board of Trade, is set forth As noted above, the alternative year is $363,480. calculation based on contracts traded is here: II. Schedule of Fees not applicable to NFA because it is not a. Actual three-year average costs a DCM and has no contracts traded. The Fees for the Commission’s review of equal $136,209. Commission’s average annual cost for the rule enforcement programs at the b. The alternative computation is: (.5) conducting oversight review of the NFA registered futures associations and ($136,209) + (.5) (.298) ($1,545,854) = rule enforcement program during fiscal DCMs regulated by the Commission are $298,837. years 2011 through 2013 was $363,480 as follows:

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3-year 2014 fee lesser average of actual or actual cost calculated fee

CBOE Futures ...... $ 121,134 $ 65,672 Chicago Board of Trade ...... 136,209 136,209 Chicago Mercantile Exchange ...... 524,034 524,034 ELX Futures ...... 56,287 29,782 ICE Futures U.S...... 199,886 146,957 Kansas City Board of Trade ...... 21,957 12,331 Minneapolis Grain Exchange ...... 123,554 62,122 NADEX North American ...... 37,515 18,758 New York Mercantile Exchange ...... 93,098 93,098 NYSE LIFFE US ...... 170,729 89,232 One Chicago ...... 61,452 32,085

Subtotal ...... 1,545,854 1,210,279

National Futures Association ...... 363,480 363,480

Total ...... 1,909,334 1,573,760

III. Payment Method below), and docket number (see above), Abstract: The Bureau, beginning in by any of the following methods: the winter of 2015, will launch a multi- The Debt Collection Improvement Act • (DCIA) requires deposits of fees owed to Electronic: http:// site financial education demonstration the government by electronic transfer of www.regulations.gov. Follow the project to provide one-on-one and group instructions for submitting comments. financial counseling/coaching services funds. See 31 U.S.C. 3720. For • information about electronic payments, Mail: Consumer Financial to individuals with disabilities please contact Jennifer Fleming at (202) Protection Bureau (Attention: PRA transitioning into the workplace or 418–5034 or [email protected], or see Office), 1700 G Street NW., Washington, already employed. The goal is twofold: the CFTC Web site at www.cftc.gov, DC 20552. (1) To improve the financial skills of • Hand Delivery/Courier: Consumer specifically, www.cftc.gov/cftc/ approximately 15,000 individuals across Financial Protection Bureau (Attention: cftcelectronicpayments.htm. the spectrum of disability to effectively PRA Office), 1275 First Street NE., navigate the financial marketplace, Authority: 7 U.S.C. 16a. Washington, DC 20002. resulting in improved credit, reduced Issued in Washington, DC, on October 10, Please note that comments submitted debt, and increased savings; and (2) to 2014, by the Commission. after the comment period will not be build the capacity of diverse multi- Christopher J. Kirkpatrick, accepted. In general, all comments sector systems (non-disability and Secretary of the Commission. received will become public records, disability) in up to 14 cities to unite [FR Doc. 2014–24624 Filed 10–16–14; 8:45 am] including any personal information around the common purpose of building BILLING CODE 6351–01–P provided. Sensitive personal financial security for individuals with information, such as account numbers disabilities. Monthly qualitative reports or social security numbers, should not and quantitative aggregated individual be included. data will be collected from participating BUREAU OF CONSUMER FINANCIAL FOR FURTHER INFORMATION CONTACT: sites to document the design, growth PROTECTION Documentation prepared in support of and impact of up to 14 integrated [Docket No: CFPB–2014–0027] this information collection request is diverse delivery models serving available at www.regulations.gov. primarily low-income populations with Agency Information Collection Requests for additional information disabilities. Activities: Comment Request should be directed to the Consumer Request for Comments: Comments are Financial Protection Bureau, (Attention: invited on: (a) Whether the collection of AGENCY: Bureau of Consumer Financial PRA Office), 1700 G Street NW., information is necessary for the proper Protection. Washington, DC 20552, (202) 435–9575, performance of the functions of the ACTION: Notice and request for comment. or email: [email protected]. Please do not Bureau, including whether the submit comments to this mailbox. information will have practical utility; SUMMARY: In accordance with the SUPPLEMENTARY INFORMATION: (b) The accuracy of the Bureau’s Paperwork Reduction Act of 1995 Title of Collection: Bridges to estimate of the burden of the collection (PRA), the Consumer Financial Financial Security: A Multi-site of information, including the validity of Protection Bureau (Bureau) is proposing Demonstration Project. the methods and the assumptions used; a new information collection titled, OMB Control Number: 3170–XXXX. (c) Ways to enhance the quality, utility, ‘‘Bridges to Financial Security: A Multi- Type of Review: New collection and clarity of the information to be site Demonstration Project.’’ (Request for a new OMB control collected; and (d) Ways to minimize the DATES: Written comments are number). burden of the collection of information encouraged and must be received on or Affected Public: Individuals or on respondents, including through the before December 16, 2014 to be assured households. use of automated collection techniques of consideration. Estimated Number of Respondents: or other forms of information ADDRESSES: You may submit comments, 15,000. technology. Comments submitted in identified by the title of the information Estimated Total Annual Burden response to this notice will be collection, OMB Control Number (see Hours: 42,386. summarized and/or included in the

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request for Office of Management and information, such as account numbers collection of information, including the Budget (OMB) approval. All comments or Social Security numbers, should not validity of the methods and the will become a matter of public record. be included. assumptions used; (c) Ways to enhance Dated: October 9, 2014. FOR FURTHER INFORMATION CONTACT: the quality, utility, and clarity of the Ashwin Vasan, Documentation prepared in support of information to be collected; and (d) Ways to minimize the burden of the Chief Information Officer, Bureau of this information collection request is Consumer Financial Protection. available at www.regulations.gov. collection of information on respondents, including through the use [FR Doc. 2014–24738 Filed 10–16–14; 8:45 am] Requests for additional information should be directed to the Consumer of automated collection techniques or BILLING CODE 4810–AM–P Financial Protection Bureau, (Attention: other forms of information technology. PRA Office), 1700 G Street NW., Comments submitted in response to this BUREAU OF CONSUMER FINANCIAL Washington, DC 20552, (202) 435–9575, notice will be summarized and/or PROTECTION or email: [email protected]. Please do not included in the request for Office of submit comments to this mailbox. Management and Budget (OMB) [Docket No: CFPB–2014–0026] SUPPLEMENTARY INFORMATION: approval. All comments will become a Title of Collection: Consumer and matter of public record. Agency Information Collection College Credit Card Agreements. Activities: Comment Request Dated: October 9, 2014. OMB Control Number: 3170–XXXX. Ashwin Vasan, Type of Review: Request for a new AGENCY: Bureau of Consumer Financial Chief Information Officer, Bureau of Protection. OMB control number for an existing Consumer Financial Protection. collection without OMB approval. ACTION: Notice and request for comment. Affected Public: Private sector. [FR Doc. 2014–24735 Filed 10–16–14; 8:45 am] BILLING CODE 4810–AM–P SUMMARY: In accordance with the Estimated Number of Respondents: Paperwork Reduction Act of 1995 430. (PRA), the Consumer Financial Estimated Total Annual Burden Protection Bureau (Bureau) is proposing Hours: 430. DEPARTMENT OF DEFENSE Abstract: Sections 204 and 305 of the a new information collection request Credit Card Accountability titled, ‘‘Consumer and College Credit Office of the Secretary Responsibility and Disclosure Act of Card Agreements.’’ 2009 (CARD Act) and 12 CFR 226.57(d) [Transmittal Nos. 14–54] DATES: Written comments are and 226.58 require card issuers to encouraged and must be received on or submit to the Consumer Financial 36(b)(1) Arms Sales Notification before December 16, 2014 to be assured Protection Bureau (CFPB): AGENCY: of consideration. • Defense Security Cooperation Agreements between the issuer and Agency, Department of Defense. ADDRESSES: You may submit comments, a consumer under a credit card account ACTION: Notice. identified by the title of the information for an open-end consumer credit plan; collection, OMB Control Number (see and SUMMARY: • The Department of Defense is below), and docket number (see above), any college credit card agreements publishing the unclassified text of a by any of the following methods: to which the issuer is a party and • section 36(b)(1) arms sales notification. Electronic: http:// certain additional information regarding This is published to fulfill the www.regulations.gov. Follow the those agreements. requirements of section 155 of Public instructions for submitting comments. The data collections enable the CFPB Law 104–164 dated July 21, 1996. • Mail: Consumer Financial to provide consumers with a centralized FOR FURTHER INFORMATION CONTACT: Protection Bureau (Attention: PRA depository for consumer and college Ms. Office), 1700 G Street NW., Washington, credit card agreements. It also presents B. English, DSCA/DBO/CFM, (703) 601– DC 20552. information to the public regarding the 3740. • Hand Delivery/Courier: Consumer arrangements between financial The following is a copy of a letter to Financial Protection Bureau (Attention: institutions and institutions of higher the Speaker of the House of PRA Office), 1275 First Street NE., education. Request For Comments: Representatives, Transmittals 14–54 Washington, DC 20002. Comments are invited on: (a) Whether with attached transmittal, policy Please note that comments submitted the collection of information is justification and sensitivity of after the comment period will not be necessary for the proper performance of technology. accepted. In general, all comments the functions of the Bureau, including Dated: October 14, 2014. received will become public records, whether the information will have Aaron Siegel, including any personal information practical utility; (b) The accuracy of the Alternate OSD Federal Register Liaison provided. Sensitive personal Bureau’s estimate of the burden of the Officer, Department of Defense.

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Transmittal No. 14–54 (iii) Description and Quantity or and dischargers, support equipment, Notice of Proposed Issuance of Letter of Quantities of Articles or Services under publications and technical data, Offer Pursuant to Section 36(b)(1) of the Consideration for Purchase: 350 Javelin personnel training and training Arms Export Control Act, as amended Guided Missiles, 120 Command Launch equipment, U.S. Government and Units (CLU) with Integrated Day/ contractor representative engineering, (i) Prospective Purchaser: Estonia Thermal Sight, 102 Battery Coolant technical and logistics support services, (ii) Total Estimated Value: and other related logistics support. Major Defense Equipment * $42 million Units, 16 Enhanced Performance Basic Other ...... $13 million Skills Trainers (EPBST), 102 Missile (iv) Military Department: Army (UCG) Simulation Rounds (MSR), spare and (v) Prior Related Cases, if any: None Total ...... $55 million repair parts, rechargeable and non- * As defined in Section 47(6) of the Arms (vi) Sales Commission, Fee, etc., Paid, Export Control Act. rechargeable batteries, battery chargers Offered, or Agreed to be Paid: None

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(vii) Sensitivity of Technology Transmittal No. 14–54 in that the modulation frequency and Contained in the Defense Article or Notice of Proposed Issuance of Letter of infrared wavelengths could be used in Defense Services Proposed to be Sold: Offer Pursuant to Section 36(b)(1) of the countermeasure development. See Annex attached. Arms Export Control Act, as amended 5. If a technologically advanced (viii) Date Report Delivered to adversary were to obtain knowledge of Annex the specific hardware and software Congress: 06 October 2014 Item No. vii elements, the information could be used POLICY JUSTIFICATION to develop countermeasures that might (vii) Sensitivity of Technology: reduce weapon system effectiveness or Estonia—Javelin Missiles 1. The Javelin Weapon System is a be used in the development of a system medium-range, man-portable, shoulder- with similar or advanced capabilities. The Government of Estonia has launched, fire-and-forget, anti-armor 6. A determination has been made requested a possible sale of 350 Javelin system. Javelin uses fire-and-forget that the recipient country can provide Guided Missiles, 120 Command Launch technology which allows the gunner to the same degree of protection for the Units (CLU) with Integrated Day/ fire and immediately relocate or take sensitive technology being released as Thermal Sight, 102 Battery Coolant cover. Other features include top attack the U.S. Government. This sale is Units, 16 Enhanced Performance Basic and direct fire modes, an advanced necessary in furtherance of the U.S. Skills Trainers (EPBST), 102 Missile tandem warhead and imaging infrared foreign policy and national security Simulation Rounds (MSR), spare and seeker, target lock-on before launch, and objectives outlined in the Policy soft launch from enclosures. The Javelin repair parts, rechargeable and non- Justification. Moreover, the benefits to missile also has a minimum smoke rechargeable batteries, battery chargers be derived from this sale, as outlined in motor thus decreasing its detection on and dischargers, support equipment, the Policy Justification, outweigh the the battlefield. The Javelin Training publications and technical data, potential damage that could result if the System consists of the following personnel training and training sensitive technology were revealed to training devices: the missile simulation equipment, U.S. Government and unauthorized persons. round, the basic skills trainer and the contractor representative engineering, 7. All defense articles and services field tactical trainer, Javelin Weapon technical and logistics support services, listed in this transmittal have been Effects Simulator (JAVWES), and tripod. and other related logistics support. The authorized for release and export to the 3. The Javelin Weapon System is estimated cost is $55 million. Government of Estonia. comprised of two major tactical This proposed sale will contribute to components, which include a reusable [FR Doc. 2014–24737 Filed 10–16–14; 8:45 am] the foreign policy and national security Command Launch Unit (CLU) and a BILLING CODE 5001–06–P of the United States by helping to round contained in a disposable launch improve the security of a NATO ally. tube assembly. The CLU incorporates an DEPARTMENT OF DEFENSE The proposed sale will improve integrated day-night sight that provides Estonia’s capability to meet current and a target engagement capability in Office of the Secretary future threats and provide greater adverse weather and countermeasure security for its critical infrastructure. environments. The CLU may also be [Transmittal Nos. 14–47] Estonia will use the enhanced capability used in a stand-alone mode for 36(b)(1) Arms Sales Notification to strengthen its homeland defense. battlefield surveillance and target detection. The CLU’s thermal sight is a Estonia will have no difficulty absorbing AGENCY: Defense Security Cooperation second generation Forward-Looking these missiles into its armed forces. Agency, Department of Defense. Infrared (FLIR) sensor operating in the The proposed sale of this equipment 8–10 micron wavelength and has a 240 ACTION: Notice. and support will not alter the basic X 2 scanning array with a Dewar-coolant SUMMARY: The Department of Defense is military balance in the region. unit. To facilitate initial loading and publishing the unclassified text of a The principal contractors will be subsequent updating of software, all on- section 36(b)(1) arms sales notification. Raytheon/Lockheed Martin Javelin Joint board missile software is uploaded via This is published to fulfill the Venture in Orlando, Florida and the CLU after mating and prior to requirements of section 155 of Public Tucson, Arizona. There are no known launch. Law 104–164 dated July 21, 1996. 4. The Javelin Missile System offset agreements proposed in FOR FURTHER INFORMATION CONTACT: Ms. connection with this potential sale. hardware and the documentation are Unclassified. The missile software B. English, DSCA/DBO/CFM, (703) 601– Implementation of this proposed sale which resides in the CLU is considered 3740. will not require the assignment of any sensitive. The sensitivity is primarily in The following is a copy of a letter to U.S. Government or contractor the software programs which instruct the Speaker of the House of representatives to Estonia. the system how to operate in the Representatives, Transmittals 14–47 presence of countermeasures. Programs with attached transmittal and policy There will be no adverse impact on justification. U.S. defense readiness as a result of this are contained in the system in the form proposed sale. of microprocessors with Read Only Dated: October 14, 2014. Memory (ROM) maps, which do not Aaron Siegel, provide the software program itself. The Alternate OSD Federal Register Liaison overall hardware is considered sensitive Officer, Department of Defense.

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DEFENSE SECURITY COOPERATION AGENCY l!ilt11!TH S'I'RS!'T sount m m ARUNGlON. VA~

Dear Mr.

Pursuant to the t1f Section of the Amls Act, as ameru:led, we are herewith Transmittal No. 14-47, cortce,mittg of the Leuer(s) of Offer and to Greece for defense articles and services estimated to cost $500 million. After this letter is delivered to your office, we issue a press statement to the of this sale.

You v.ill also find auached a t."ertificalion as Section Assistant-e Act of 1961, as amended, that this action is consistent with the set forth in subsection Act as codified in section 2373 of title 22, United States Code.

Enclosures: Transmltral 2, 3. Section 620C,(d}

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BILLING CODE 5001–06–C (iii) Description and Quantity or training and training equipment, U.S. Transmittal No. 14–47 Quantities of Articles or Services under Government and contractor logistics, Consideration for Purchase: engineering, and technical support Notice of Proposed Issuance of Letter of modification and reactivation of two (2) services, and other related elements of Offer Pursuant to Section 36(b)(1) of the P–3B aircraft, and the upgrade of up to logistics and program support. Arms Export Control Act, as amended five (5) P–3B aircraft that will include (iv) Military Department: Navy (GLI). (i) Prospective Purchaser: Greece structural Mid Life Upgrades (MLU), (v) Prior Related Cases, if any: (ii) Total Estimated Value: Phased Depot Maintenance (PDM), FMS case GAR-$570K–26Jun91 Mission Integration and Management Major Defense Equipment * $ 0 million FMS case LAF-$64M–3Mar94 Other ...... $500 million Systems (MIMS), and new flight avionics. The MLU kits will provide FMS case MCJ-$142K–21Apr97 TOTAL ...... $500 million service life extensions for 15,000 flight FMS case MCU-$1M–21Sep00 * As defined in Section 47(6) of the Arms hours, spare and repair parts, repair and FMS case GKY-$2M–26Aug05 Export Control Act. return, support equipment, publications (vi) Sales Commission, Fee, etc., Paid, and technical documentation, personnel Offered, or Agreed to be Paid: None

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(vii) Sensitivity of Technology This proposed sale will contribute to DEPARTMENT OF DEFENSE Contained in the Defense Article or the foreign policy and national security Defense Services Proposed to be Sold: of the United States by helping to Office of the Secretary None improve the security of a NATO ally. The proposed sale for overhaul and (viii) Date Report Delivered to [Transmittal Nos. 14–48] upgrade would allow the Hellenic Navy Congress: 06 Oct 14 (HN) to resume operations of its P–3B 36(b)(1) Arms Sales Notification POLICY JUSTIFICATION aircraft for land-based maritime patrol and reconnaissance, surveillance and AGENCY: Defense Security Cooperation Greece—P–3B Aircraft Overhaul and protection of areas of national interest. Agency Department of Defense. Upgrade The HN will have no difficulty ACTION: Notice. The Government of Greece has absorbing this equipment into its armed forces. SUMMARY: The Department of Defense is requested a possible sale for The proposed sale of this equipment publishing the unclassified text of a modification and reactivation of two (2) and support will not alter the basic section 36(b)(1) arms sales notification. P–3B aircraft, and the upgrade of up to military balance in the region. This is published to fulfill the five (5) P–3B aircraft that will include The principal contractor will be requirements of section 155 of Public structural Mid Life Upgrades (MLU), Lockheed Martin Aeronautics Company Law 104–164 dated July 21, 1996. Phased Depot Maintenance (PDM), in Marietta, Georgia. There are no FOR FURTHER INFORMATION CONTACT: Ms. Mission Integration and Management known offset agreements proposed in B. English, DSCA/DBO/CFM, (703) 601– Systems (MIMS), and new flight connection with this potential sale. avionics. The MLU kits will provide Implementation of this proposed sale 3740. service life extensions for 15,000 flight will require multiple trips to Greece by The following is a copy of a letter to hours, spare and repair parts, repair and U.S. Government and contractor the Speaker of the House of return, support equipment, publications representatives for a period of seven Representatives, Transmittal 14–48 with and technical documentation, personnel years for delivery, system checkout, attached transmittal, and policy training and training equipment, U.S. training, and program reviews. justification. Government and contractor logistics, There will be no adverse impact on Dated: October 14, 2014. engineering, and technical support U.S. defense readiness as a result of this Aaron Siegel, services, and other related elements of proposed sale. Alternate OSD Federal Register Liaison logistics and program support. The [FR Doc. 2014–24719 Filed 10–16–14; 8:45 am] Officer, Department of Defense. estimated cost is $500 million. BILLING CODE 5001–06–P BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C TOTAL ...... $150.0 million technical documentation, U.S. Transmittal No. 14–48 * as defined in Section 47(6) of the Arms Government and contractor technical, Export Control Act. engineering, and logistics support Notice of Proposed Issuance of Letter of (iii) Description and Quantity or services, and other related elements of Offer Pursuant to Section 36(b)(1) of the Quantities of Articles or Services under logistics and program support. Arms Export Control Act, as amended Consideration for Purchase: three years (iv) Military Department: Navy (SDE, Amd #5) (i) Prospective Purchaser: Brazil of follow-on support for S–70B helicopters, which includes 1 Tactical (v) Prior Related Cases, if any: FMS (ii) Total Estimated Value: Operational Flight Trainer, 5 AN/AVS– case SDE–$362M–10Jun08 Major Defense Equip- 9 Night Vision Goggles, spare and repair (vi) Sales Commission, Fee, etc., Paid, ment * ...... $ 0.1 million Offered, or Agreed to be Paid: None. Other ...... $149.9 million parts, support equipment, tools and test equipment, personnel training and (vii) Sensitivity of Technology training equipment, publications and Contained in the Defense Article or

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Defense Services Proposed to be Sold: important force for regional stability and DEPARTMENT OF DEFENSE None economic progress in South America. Office of the Secretary (viii) Date Report Delivered to The Government of Brazil will use the follow-on support to improve the level Congress: 7 Oct 14 [Transmittal Nos. 14–37] of training for its pilots and enhance the POLICY JUSTIFICATION performance of its S–70 fleet. This 36(b)(1) Arms Sales Notification Brazil—S–70B Helicopter Follow-On support will increase Brazil’s AGENCY: Department of Defense, Defense Support operational readiness. The proposed sale of this equipment Security Cooperation Agency. The Government of Brazil has and support will not alter the basic ACTION: Notice. requested a possible sale for three years military balance in the region. of follow-on support for S–70B There are no principal contractors SUMMARY: The Department of Defense is helicopters, which includes 1 Tactical associated with this proposed sale. publishing the unclassified text of a Operational Flight Trainer, 5 AN/AVS– There are no known offset agreements section 36(b)(1) arms sales notification. 9 Night Vision Goggles, spare and repair proposed in connection with this This is published to fulfill the parts, support equipment, tools and test potential sale. requirements of section 155 of Public equipment, personnel training and Implementation of this proposed sale Law 104–164 dated July 21, 1996. training equipment, publications and will not require any additional U.S. FOR FURTHER INFORMATION CONTACT: Ms. technical documentation, U.S. Government or contractor B. English, DSCA/DBO/CFM, (703) 601– Government and contractor technical, representatives in Brazil. However, 3740. engineering, and logistics support travel will be required on a temporary The following is a copy of a letter to services, and other related elements of basis for program, technical, and the Speaker of the House of logistics and program support. The management oversight and support Representatives, Transmittals 14–37 estimated cost is $150 million. requirements. with attached transmittal and policy The proposed sale will contribute to There will be no adverse impact on justification. the foreign policy and national security U.S. defense readiness as a result of this Dated: October 14, 2014. of the United States by helping to proposed sale. Aaron Siegel, improve the security of Brazil, which [FR Doc. 2014–24711 Filed 10–16–14; 8:45 am] Alternate OSD Federal Register Liaison has been, and continues to be, an BILLING CODE 5001–06–P Officer, Department of Defense.

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Transmittal No. 14–37 (iii) Description and Quantity or and logistics support services, and other Quantities of Articles or Services under related elements of logistical and Notice of Proposed Issuance of Letter of program support. Offer Pursuant to Section 36(b)(1) of the Consideration for Purchase: 1 C–130J Arms Export Control Act, as amended aircraft, 6 AE2100D3 turboprop engines (iv) Military Department: Air Force (4 installed and 2 spares), Government (SBB) (i) Prospective Purchaser: Brunei Furnished Equipment, communication (v) Prior Related Cases, if any: None (ii) Total Estimated Value: equipment, spare and repair parts, (vi) Sales Commission, Fee, etc., Paid, Major Defense Equipment * $147 million. support and test equipment, Offered, or Agreed to be Paid: None Other ...... $196 million. publications and technical (vii) Sensitivity of Technology documentation, personnel training and Total ...... $343 million. Contained in the Defense Article or training equipment, U.S. Government * As defined in Section 47(6) of the Arms Defense Services Proposed to be Sold: Export Control Act. and contractor engineering, technical None

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(viii) Date Report Delivered to DEPARTMENT OF DEFENSE U.S. strategies and allied viewpoints. Congress: 06 October 2014. The TRAC was also tasked by the Office of the Secretary sponsor to examine the Cooperative POLICY JUSTIFICATION Threat Reduction program as it Threat Reduction Advisory Committee; Brunei—C–130J Aircraft currently operates and the implications Notice of Federal Advisory Committee to U.S. obligations of possible The Government of Brunei has Meeting modifications or direction changes. The requested a sale of 1 C–130J aircraft, 6 AGENCY: Office of the Under Secretary of TRAC will then deliberate on the AE2100D3 turboprop engines (4 Defense (Acquisition, Technology and information and produce a installed and 2 spares), Government Logistics), Department of Defense (DoD). recommendation. During a working Furnished Equipment, communication ACTION: Federal Advisory Committee lunch, the TRAC members will continue equipment, spare and repair parts, meeting notice. to discuss the information and develop support and test equipment, recommendations for the sponsor. At publications and technical SUMMARY: The Department of Defense the afternoon session, the members will documentation, personnel training and announces the following Federal receive two classified briefings on the training equipment, U.S. Government advisory committee meeting of the Defense Threat Reduction Agency’s and contractor engineering, technical Threat Reduction Advisory Committee Constellation Information Fusion and logistics support services, and other (TRAC). This meeting will be closed to Project and the development of framing questions to be used in the Terms of related elements of logistical and the public. Reference for an upcoming classified program support. The estimated cost is DATES: Tuesday, November 4, from 8:30 review of North Korean weapons $343 million. a.m. to 12:30 p.m. and 1:30 p.m. to 4:00 p.m. and Wednesday, November 5, programs. The meeting will wrap up This proposed sale will contribute to 2014, from 8:30 a.m. to 3:30 p.m. with a final discussion on the briefings the foreign policy and national security ADDRESSES: CENTRA Technology Inc., of the day. of the United States by helping to Ballston, Virginia on November 4 and The TRAC will continue to meet on strengthen the U.S.-Brunei relationship, CENTRA Technology Inc., Ballston, November 5, 2014. The TRAC will hold classified discussions to receive which has been a force for regional Virginia and the Pentagon, Arlington, information gathered for the TRAC’s stability and economic progress in Virginia on November 5. Southeast Asia. tasking to evaluate and provide program FOR FURTHER INFORMATION CONTACT: Mr. recommendations for DoD’s Global This proposed sale of a C–130J to William Hostyn, DoD, Defense Threat Health Security program, followed by an Brunei will provide a critical capability Reduction Agency J2/5/8R–AC, 8725 information presentation to the entire to assist in Humanitarian Assistance John J. Kingman Road, MS 6201, Fort TRAC on potential effects of changes and Disaster Relief missions. The Belvoir, VA 22060–6201. Email: being considered to DoD’s Chemical and aircraft will enable Brunei to provide [email protected]. Phone: (703) Biological Defense Program. aid and assistance in greater capacities 767–4453. Fax: (703) 767–4206. The TRAC will provide an assessment to regional allies and partners in need. SUPPLEMENTARY INFORMATION: on the program’s ability to meet The aircraft will also provide the ability Purpose of Meeting: This meeting is Congressional intent if the program is to execute maritime patrol missions and being held under the provisions of the restructured. After deliberating and contribute to search and rescue missions Federal Advisory Committee Act of voting on the information provided to in the region. Brunei should have no 1972 (FACA) (5 U.S.C., Appendix, as the entire committee by the information difficulty absorbing this aircraft into its amended), the Government in the gathering groups, and approving the Sunshine Act of 1976 (5 U.S.C. 552b, as inventory. recommendations to be provided to the amended), and 41 CFR 102–3.150. The TRAC sponsor, the TRAC will then The proposed sale of this aircraft and Committee will obtain, review and move to the Pentagon to continue the support will not alter the basic military evaluate classified information related meeting and provide an executive balance in the region. to the Committee’s mission to advise on outbrief to senior DoD leaders. The The principal contractor will be technology security, Combating TRAC will then provide Lockheed Martin-Aerospace in Marietta, Weapons of Mass Destruction (C– recommendations to DoD senior leaders Georgia. There are no known offset WMD), counterterrorism, and on the Nuclear Strategic Stability and agreements in connection with this counterproliferation. Chemical Biological Defense Program potential sale. Agenda: On Tuesday, November 4, taskings, and an interim report of the TRAC will receive a CIA/DIA findings for the Global Health Security Implementation of this proposed sale current classified intelligence update. information gathering group. The will not require the assignment of any Following the opening remarks and session will conclude with a classified additional U.S. Government or intelligence update, the members will discussion on the way ahead and contractor representatives to Brunei. receive two classified reports from the provide a classified senior leader There will be no adverse impact on TRAC information gathering groups on briefing. U.S. defense readiness as a result of this the Nuclear Strategic Stability and Meeting Accessibility: Pursuant to 5 proposed sale. Cooperative Threat Reduction, taskings U.S.C. 552b and 41 CFR 102–3.155, the received from the Under Secretary of Department of Defense has determined [FR Doc. 2014–24715 Filed 10–16–14; 8:45 am] Defense for Acquisition, Technology that the meeting of the TRAC on BILLING CODE 5001–06–P and Logistics and the Assistant November 4–5, 2014, shall be closed to Secretary of the Army for Nuclear, the public. The Under Secretary of Chemical and Biological Defense. The Defense for Acquisition, Technology TRAC was asked to examine and and Logistics, in consultation with the present recommendations to the sponsor DoD FACA Attorney, has determined in on strategic implications to possible writing that the public interest requires changes to the U.S. Nuclear arsenal on all sessions of this meeting be closed to

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the public because the discussions and SUMMARY: The Defense Finance and Committee on Governmental Affairs, sharing of information will be Accounting Service proposes to add a and the Office of Management and concerned with classified information new system of records, T5210, entitled Budget (OMB) pursuant to paragraph 4c and matters covered by 5 U.S.C. ‘‘Account Management Provisioning of Appendix I to OMB Circular No. A– 552b(c)(1). Such classified matters are System (AMPS)’’ to its inventory of 130, ‘‘Federal Agency Responsibilities inextricably intertwined with the record systems subject to the Privacy for Maintaining Records About unclassified material and cannot Act of 1974, as amended. This system Individuals,’’ dated February 8, 1996 reasonably be segregated into separate will maintain information operations to (February 20, 1996, 61 FR 6427). discussions without disclosing secret control and track access to controlled Dated: October 14, 2014. material. networks, computer systems, and Aaron Siegel, Committee’s Designated Federal databases. The records may also be used Officer or Point of Contact: Mr. William Alternate OSD Federal Register Liaison by law enforcements officials to identify Officer, Department of Defense. Hostyn, DoD, Defense Threat Reduction the occurrence of and assist in the Agency/J2/5/8R–ACP, 8725 John J. prevention of computer misuse and/or T5210 Kingman Road, MS 6201, Fort Belvoir, crime. Statistical data, with all personal VA 22060–6201. Email: william.hostyn@ identifiers removed, may be used by SYSTEM NAME: ACCOUNT MANAGEMENT PROVISIONING SYSTEM (AMPS) dtra.mil. Phone: (703) 767–4453. Fax: management for system efficiency, (703) 767–4206. workload calculation, or reporting SYSTEM LOCATION: Written Statements: Pursuant to 41 purposes. Defense Logistics Agency (DLA), 8000 CFR 102–3.105(j) and 102–3.140 and DATES: Comments will be accepted on or Jefferson Davis Highway, Richmond, VA section 10(a)(3) of FACA, the public or 23237–0000. interested organizations may submit before November 17, 2014. This written statements to the membership of proposed action will be effective on the CATEGORIES OF INDIVIDUALS COVERED BY THE the TRAC at any time regarding its date following the end of the comment SYSTEM: mission or in response to the stated period unless comments are received Defense Finance and Accounting agenda of a planned meeting. Written which result in a contrary Service (DFAS) civilian and military statements should be submitted to the determination. personnel requiring access to DFAS TRAC’s Designated Federal Officer. The ADDRESSES: You may submit comments, controlled networks, computer systems, Designated Federal Officer’s contact identified by docket number and title, and databases. information is listed in the section by any of the following methods: CATEGORIES OF RECORDS IN THE SYSTEM: immediately above or it can be obtained * Federal Rulemaking Portal: http:// from the General Services www.regulations.gov. Follow the Individual’s name; SSN (for Administration’s FACA Database: instructions for submitting comments. individuals’ not in possession of a http://www.facadatabase.gov/ * Mail: Federal Docket Management Common Access Card (CAC) such as committee/ System Office, 4800 Mark Center Drive, newly hired Federal employees); U.S. committee.aspx?cid=1663&aid=41. East Tower, 2nd Floor, Suite 02G09, citizenship status (i.e., U.S. Citizen, Written statements that do not pertain to Alexandria, VA 22350–3100. Foreign National, other); physical and a scheduled meeting of the Committee Instructions: All submissions received electronic address; work telephone may be submitted at any time. However, must include the agency name and numbers; office symbol; employee if individual comments pertain to a docket number for this Federal Register status; computer logon addresses, specific topic being discussed at a document. The general policy for passwords, and user identification planned meeting, then these statements comments and other submissions from codes; type of access/permissions must be submitted no later than five members of the public is to make these required; verification of need to know; business days prior to the meeting in submissions available for public dates of mandatory information question. The Designated Federal viewing on the Internet at http:// assurance awareness training; and Officer will review all submitted written www.regulations.gov as they are security clearance data. The system also statements and provide copies to all received without change, including any captures details about programs, committee members. personal identifiers or contact databases, functions, and sites accessed information. and/or used; dates and times of use; and Dated: October 14, 2014. information products created, received, Aaron Siegel, FOR FURTHER INFORMATION CONTACT: Mr. or altered during use. The records may Alternate OSD Federal Register Liaison Gregory Outlaw, (317) 212–4591. also contain details about access or Officer, Department of Defense. SUPPLEMENTARY INFORMATION: The functionality problems telephoned in [FR Doc. 2014–24717 Filed 10–16–14; 8:45 am] Defense Finance and Accounting for technical support along with BILLING CODE 5001–06–P Service notices for systems of records resolution. For individuals who subject to the Privacy Act of 1974 (5 telecommute from home or a telework U.S.C. 552a), as amended, have been center, the records may contain the DEPARTMENT OF DEFENSE published in the Federal Register and electronic address and telephone are available from the address in FOR Office of the Secretary number at that location. FURTHER INFORMATION CONTACT or from [Docket ID: DoD–2014–OS–0143] the Defense Privacy and Civil Liberties AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Office Web site at http:// 5 U.S.C. 301, Departmental Privacy Act of 1974; System of dpclo.defense.gov. Regulations; 10 U.S.C. 133, Under Records The proposed system report, as Secretary of Defense for Acquisition, AGENCY: Defense Finance and required by 5 U.S.C. 552a(r) of the Technology, and Logistics, 18 U.S.C. Accounting Service, DoD. Privacy Act of 1974, as amended, was 1029, Access Device Fraud; E.O. 10450, submitted on November 28, 2012, to the Security Requirements for Government ACTION: Notice to add a new System of House Committee on Oversight and Employees as amended; and E.O. 9397 Records. Government Reform, the Senate (SSN), as amended.

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PURPOSE(S): Broad Street, Columbus, OH 43218– DATES: Effective Date: November 21, To maintain information operations to 2317. 2014. control and track access to controlled NOTIFICATION PROCEDURE: FOR FURTHER INFORMATION CONTACT: networks, computer systems, and Barbara Smith, Civilian Senior Leader databases. The records may also be used Individuals seeking to determine whether information about themselves Management Office, 111 Army by law enforcements officials to identify Pentagon, Washington, DC 20310–0111. the occurrence of and assist in the is contained in this record system prevention of computer misuse and/or should address written inquiries to the SUPPLEMENTARY INFORMATION: Section crime. Statistical data, with all personal Defense Finance and Accounting 4314(c)(1) through (5) of Title 5, U.S.C., identifiers removed, may be used by Service, Freedom of Information/ requires each agency to establish, in management for system efficiency, Privacy Act Program Manager, accordance with regulations, one or workload calculation, or reporting Corporate Communications, DFAS– more Senior Executive Service purposes. ZCF/IN, 8899 E. 56th Street, performance review boards. The boards Indianapolis, IN 46249–0150. shall review and evaluate the initial ROUTINE USES OF RECORDS MAINTAINED IN THE Requests should contain individual’s appraisal of senior executives’ SYSTEM, INCLUDING CATEGORIES OF USERS AND full name, SSN for verification, current performance by supervisors and make THE PURPOSES OF SUCH USES: address, and provide a reasonable recommendations to the appointing In addition to those disclosures description of what they are seeking. authority or rating official relative to the generally permitted under 5 United performance of these executives. RECORD ACCESS PROCEDURES: States Code 552a(b) of the Privacy Act The Department of the Army of 1974, as amended, these records Individuals seeking access to Performance Review Board will be contained therein may specifically be information about themselves contained composed of a subset of the following disclosed outside the Department of in this record system should address individuals: written inquiries to Defense Finance Defense as a routine use pursuant to 5 1. LTG Thomas P. Bostick, Commanding U.S.C. 552a(b)(3) as follows: and Accounting Service, Freedom of Information/Privacy Act Program General, United States Army Corps The DoD Blanket Routine Uses of Engineers. published at the beginning of the DFAS Manager, Corporate Communications, DFAS–ZCF/IN, 8899 E. 56th Street, 2. Mr. Robert S. Carter, Executive compilation of systems of records Technical Director/Deputy to the notices may apply to this system. Indianapolis, IN 46249–0150. Request should contain individual’s Commander, United States Army POLICIES AND PRACTICES FOR STORING, full name, SSN for verification, current Test and Evaluation Command. RETRIEVING, ACCESSING, RETAINING, AND address, and telephone number. 3. Ms. Gwendolyn R. DeFilippi, DISPOSING OF RECORDS IN THE SYSTEM: Director, Civilian Senior Leader CONTESTING RECORD PROCEDURES: STORAGE: Management Office, Office of the Individuals seeking access to Records are maintained on electronic Assistant Secretary of the Army information about themselves contained storage media. (Manpower and Reserve Affairs). in this record system should address 4. Ms. Sue A. Engelhardt, Director of RETRIEVABILITY: written inquiries to Defense Finance Human Resources, United States Records are retrieved by name or user and Accounting Service, Freedom of Army Corps of Engineers. identification code. Information/Privacy Act Program 5. Mr. Kevin M. Fahey, Executive Manager, Corporate Communications, Director for Agile Acquisition, SAFEGUARDS: DFAS–ZCF/IN, 8899 E. 56th Street, Office of the Assistant Secretary of Electronic records are maintained in a Indianapolis, IN 46249–0150. the Army (Acquisition, Logistics secure, limited access, or monitored Request should contain individual’s and Technology). work area accessible only to authorized full name, SSN for verification, current 6. Mr. Patrick K. Hallinan, Executive personnel. Records are stored on address, and telephone number. Director of the Army National computer systems employing software RECORD SOURCE CATEGORIES: Cemeteries Program, Dept of the programs that monitor network traffic to From the individual concerned, and Army. identify unauthorized attempts to 7. Ms. Ellen M. Helmerson, Deputy upload or change information. Access to Department of Defense (DoD) Components. Chief of Staff, G–1/4 (Personnel and computer systems is password and/or Logistics), United States Army Public Key Infrastructure controlled, EXEMPTIONS CLAIMED FOR THE SYSTEM: Training and Doctrine Command. encrypted and Common Access Card None. 8. LTG Mary A. Legere, Deputy Chief of (CAC) enabled. [FR Doc. 2014–24765 Filed 10–16–14; 8:45 am] Staff, G–2, Office of the Deputy RETENTION AND DISPOSAL: BILLING CODE 5001–06–P Chief of Staff, G–2. Records are deleted when no longer 9. Mr. Mark R. Lewis, Deputy Chief needed for administrative, legal, audit, Management Officer, Office of the or other operational purposes. Records DEPARTMENT OF DEFENSE Under Secretary of the Army. relating to contractor access are 10. LTG Kevin W. Mangum, Deputy Department of the Army destroyed 3 years after contract Commanding General/Chief of Staff, completion or termination. U.S. Army Training and Doctrine Performance Review Board Command. SYSTEM MANAGER(S) AND ADDRESS: Membership 11. Mr. David Markowitz, Assistant Mr. Walter Gooch, System Manager, AGENCY: Department of the Army, DoD. Deputy Chief of Staff for Defense Logistics Agency (DLA), 8000 ACTION: Notice. Operations, G–3/5/7, Office of the Jefferson Davis Highway, Richmond, VA Deputy Chief of Staff, G–3/5/7. 23237–5339. Ms. Kenna Robinett, SUMMARY: Notice is given of the names 12. LTG Patricia E. McQuistion, Deputy Program Manager, Defense Finance and of members of a Performance Review Commanding General, United Accounting Service (DFAS), 3990 E. Board for the Department of the Army. States Army Material Command.

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13. Ms. Kathleen S. Miller, Assistant 28. MG Peter D. Utley, Commanding piers; construction of a boat ramp; Deputy Chief of Staff, G–4, Office of General, United States Army Test installation of a non-backfilled the Deputy Chief of Staff, G–4. and Evaluation Command. bulkhead; as well as maintenance and 14. Mr. John B. Nerger, Executive 29. GEN Dennis L. Via, Commanding new dredging at property located at Deputy to the Commanding General, United States Army 3701 South Sandpiper Road in the General, United States Army Materiel Command. Sandbridge community of Virginia Materiel Command. 30. Honorable Debra S. Wada, Assistant Beach, VA. In 2008, the Corps issued an 15. Mr. Levator Norsworthy Jr., Deputy Secretary of the Army (Manpower Individual Permit for this facility under General Counsel (Acquisition)/ and Reserve Affairs), Office of the Section 404 of the Clean Water Act (33 Senior Deputy General Counsel, Assistant Secretary of the Army U.S.C. 1344) and Section 10 of the Office of the General Counsel. (Manpower and Reserve Affairs). Rivers and Harbors Act of 1899 (33 16. Mr. Gerald B. O’Keefe, 31. LTG Michael E. Williamson, Deputy U.S.C. 403). Before the applicant began Administrative Assistant to the Assistant Secretary of the Army Secretary of the Army, Office of the (Acquisition, Logistics and constructing the facility the permit was Administrative Assistant to the Technology), Office of the Assistant challenged in the U.S. District Court for Secretary of the Army. Secretary of the Army (Acquisition, the Eastern District of Virginia, which 17. Mr. Wimpy D. Pybus, Deputy Logistics and Technology). awarded summary judgment to the Assistant Secretary of the Army for Corps and upheld the permit decision. Acquisition, Policy and Logistics, Brenda S. Bowen, However, the decision was appealed. In Office of the Assistant Secretary of Army Federal Register Liaison Officer. Friends of Back Bay v. U.S. Army Corps the Army (Acquisition, Logistics, [FR Doc. 2014–24626 Filed 10–16–14; 8:45 am] of Engineers, 681 F.3d 581 (4th Cir. and Technology). BILLING CODE 3710–08–P 2012), the Fourth Circuit remanded this 18. Ms. Diane M. Randon, Deputy action to the Corps for the preparation Assistant Chief of Staff for of an EIS pursuant to the National Installation Management, Office of DEPARTMENT OF DEFENSE Environmental Policy Act (NEPA). The the Assistant Chief of Staff for applicant will be seeking a permit from Installation Management. Department of the Army, Corps of Engineers the Corps for the originally proposed 19. Mr. Jeffrey N. Rapp, Assistant facility. Deputy Chief of Staff, G–2 Office of Intent To Prepare a Draft the Deputy Chief of Staff, G–2. 2. Alternatives: Alternatives which 20. Mr. J. Randall Robinson, Principal Environmental Impact Statement for a will be investigated include, but will Deputy to the Assistant Secretary of Proposed: 76-Slip Mooring and not be limited to alternate onsite the Army (Installations, Energy and Launching Facility With Associated layouts, a combination of alternatives, Environment), Office of the Piers, Low-Profile Timber Bulkhead, and the no project alternative. Boat Ramp and Maintenance Dredging Assistant Secretary of the Army 3. Scoping Process: An interagency (Installations and Environment). Within North Bay at 3701 South Sandpiper Road at Sandbridge in scoping meeting will be held with State 21. Mr. Craig R. Schmauder, Deputy and federal agencies on October 22, General Counsel (Installation, Virginia Beach, VA 2014, and formal scoping comments Environment and Civil Works), AGENCY: Department of the Army, U.S. will be requested by November 21, Office of the General Counsel. Army Corps of Engineers, DOD. 22. Mr. Karl F. Schneider, Acting 2014. The significant issues identified ACTION: Notice of Intent. Assistant Secretary of the Army thus far include potential impacts Back Bay National Wildlife Refuge, (Manpower and Reserve Affairs), SUMMARY: The U.S. Army Corps of submerged aquatic vegetation and water Office of the Assistant Secretary of Engineers (Corps) will prepare an the Army (Manpower and Reserve Environmental Impact Statement (EIS) quality. Affairs). to evaluate project alternatives and the 4. Public Scoping Meeting: A Public 23. Mr. Matthew L. Scully, Deputy Chief public interest review factors, as well as Notice was issued on October 8, 2014 to of Staff G–8, United Stated Army the effects on Back Bay National inform the public about the Public Training and Doctrine Command. Wildlife Refuge for the proposed Scoping meeting to be held on 24. Honorable Heidi Shyu, Assistant mooring and launching facility. November 6, 2014. The Corps will use Secretary of the Army (Acquisition, FOR FURTHER INFORMATION CONTACT: the comments received to assist in Logistics and Technology), Office of Questions about the proposed action identifying the significant issues, which the Assistant Secretary of the Army and the Draft Environmental Impact should be addressed in the DEIS. (Acquisition, Logistics and Statement (DEIS) can be answered by: Technology). 5. DEIS Availability: The Corps Melissa Nash, U.S. Army Corps of 25. MG Richard L. Stevens, Deputy estimates that the DEIS will be available Engineers, Norfolk District, 803 Front Chief of Engineers/Deputy to the public for review and comment Street, Norfolk, VA 23510, (757) 201– Commanding General, United around the end of 2015. 7489 or email: melissa.a.nash@ States Army Corps of Engineers. Dated: October 7, 2014. 26. Mr. Lawrence Stubblefield, Deputy usace.army.mil. Paul B. Olsen, Assistant Secretary of the Army SUPPLEMENTARY INFORMATION: 1. (Diversity and Leadership), Office Proposed Action: Mr. Kenneth Douglas Colonel, U.S. Army, Commanding. of the Assistant Secretary of the Wilkins is proposing the removal and [FR Doc. 2014–24623 Filed 10–16–14; 8:45 am] Army (Manpower and Reserve reconstruction of an existing pier and BILLING CODE 3720–58–P Affairs). twelve commercial (12) mooring slips to 27. Mr. Donald C. Tison, Assistant be used by the existing eco-tourism and Deputy Chief of Staff for Programs, rental operation; the proposed G–8, Office of the Deputy Chief of construction of sixty-four (64) new Staff, G–8. members-only slips with associated

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DEPARTMENT OF EDUCATION information collection request (ICR) that schools, postsecondary institutions, and is described below. The Department of libraries. [Docket No. ED–2014–ICCD–0144] Education is especially interested in Dated: October 14, 2014. Agency Information Collection public comment addressing the Kate Mullan, following issues: (1) Is this collection Activities; Comment Request; Quick Acting Director, Information Collection Response Information System (QRIS) necessary to the proper functions of the Clearance Division, Privacy, Information and 2015–2018 System Clearance Department; (2) will this information be Records Management Services, Office of processed and used in a timely manner; Management. AGENCY : Institute of Education Sciences/ (3) is the estimate of burden accurate; [FR Doc. 2014–24704 Filed 10–16–14; 8:45 am] National Center for Education Statistics (4) how might the Department enhance BILLING CODE 4000–01–P (IES), Department of Education (ED). the quality, utility, and clarity of the ACTION: Notice. information to be collected; and (5) how might the Department minimize the SUMMARY: In accordance with the ENVIRONMENTAL PROTECTION burden of this collection on the AGENCY Paperwork Reduction Act of 1995 (44 respondents, including through the use U.S.C. chapter 3501 et seq.), ED is of information technology. Please note [FRL–9918–06–Region 3] proposing an extension of an existing that written comments received in Adequacy Status of the Submitted information collection. response to this notice will be Maintenance Plans for the Delaware DATES: Interested persons are invited to considered public records. Portion of the Philadelphia- submit comments on or before Title of Collection: Quick Response Wilmington-New Jersey 1997 and 2006 December 16, 2014. Information System (QRIS) 2015–2018 Fine Particulate Matter National ADDRESSES: Comments submitted in System Clearance. Ambient Air Quality Standard response to this notice should be OMB Control Number: 1850–0733. submitted electronically through the Nonattainment Areas for Type of Review: An extension of an Transportation Conformity Purposes Federal eRulemaking Portal at http:// existing information collection. www.regulations.gov by selecting Respondents/Affected Public: State, AGENCY: Environmental Protection Docket ID number ED–2014–ICCD–0144 Local, or Tribal Government. Agency (EPA). or via postal mail, commercial delivery, Total Estimated Number of Annual ACTION: Notice of adequacy. or hand delivery. If the regulations.gov Responses: 104,004. site is not available to the public for any Total Estimated Number of Annual SUMMARY: In this notice, EPA is reason, ED will temporarily accept Burden Hours: 31,704. notifying the public that EPA has found comments at [email protected]. Abstract: The National Center for that the Motor Vehicle Emissions Please note that comments submitted by Education Statistics (NCES) Quick Budgets (MVEBs) in the Delaware fax or email and those submitted after Response Information System (QRIS) portion of the Philadelphia-Wilmington- the comment period will not be consists of the Fast Response Survey New Jersey 1997 and 2006 fine accepted; ED will ONLY accept System (FRSS) and the Postsecondary particulate matter (PM2.5) National comments during the comment period Education Quick Information System Ambient Air Quality Standard (NAAQS) in this mailbox when the regulations.gov (PEQIS). The QRIS currently conducts Maintenance Plans, submitted as a State site is not available. Written requests for surveys under OMB generic clearance Implementation Plan (SIP) revision by information or comments submitted by 1850–0733, which expires in May 2015. the Delaware Department of Natural postal mail or delivery should be This submission requests approval to Resources and Environmental Control addressed to the Director of the continue the current clearance (DNREC), are adequate for Information Collection Clearance conditions through 2018. FRSS transportation conformity purposes. Division, U.S. Department of Education, primarily conducts surveys of the DATE: This is effective on November 3, 400 Maryland Avenue SW., LBJ, elementary/secondary sector (districts, 2014. Mailstop L–OM–2–2E319, Room 2E103, schools) and public libraries. PEQIS FOR FURTHER INFORMATION CONTACT: Washington, DC 20202. conducts surveys of the postsecondary Asrah Khadr, Environmental Engineer, FOR FURTHER INFORMATION CONTACT: For education sector. FRSS and PEQIS Office of Air Program Planning (3AP30), specific questions related to collection surveys are cleared under the QRIS United States Environmental Protection activities, please contact Kashka generic clearance. The QRIS clearance is Agency, Region III, 1650 Arch Street, Kubzdela 202–502–7411. subject to the regular clearance process Philadelphia, PA 19103, (215) 814– SUPPLEMENTARY INFORMATION: The at OMB with a 60-day notice and a 30- 2071; [email protected]. Department of Education (ED), in day notice as part of the 120-day review SUPPLEMENTARY INFORMATION: Today’s accordance with the Paperwork period. Each individual FRSS or PEQIS notice is simply an announcement of a Reduction Act of 1995 (PRA) (44 U.S.C. survey is then subject to clearance finding that EPA has already made. EPA 3506(c)(2)(A)), provides the general process with an abbreviated clearance Region III sent a letter to the DNREC on public and Federal agencies with an package, justifying the particular September 12, 2014 stating that EPA has opportunity to comment on proposed, content of the survey, describing the found that the MVEBs in the revised, and continuing collections of sample design, the timeline for the Maintenance Plans for budget years information. This helps the Department survey activities, and the questionnaire. 2017 and 2025, submitted on December assess the impact of its information The review period for each individual 12, 2012, are adequate for transportation collection requirements and minimize survey is 45 days, including a 30-day conformity purposes. As a result of the public’s reporting burden. It also Federal Register notice period. OMB EPA’s finding, the State of Delaware helps the public understand the will provide comments as soon after the must use the 2017 and 2025 MVEBs Department’s information collection end of the 30-day notice period as from the December 12, 2012 requirements and provide the requested possible. This generic clearance request Maintenance Plans for future conformity data in the desired format. ED is is for surveys of surveys of state determinations in the Delaware portion soliciting comments on the proposed education agencies, school districts, of the Philadelphia-Wilmington-New

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Jersey 1997 PM2.5 NAAQS comments were received. The findings The adequate direct PM and nitrogen nonattainment area. Receipt of the letter is available at EPA’s conformity oxides (NOX) MVEBs are provided in submittal was announced on EPA’s Web site: http://www.epa.gov/otaq/ Table 1. transportation conformity Web site. No stateresources/transconf/adequacy.htm.

TABLE 1—DELAWARE PORTION OF THE PHILADELPHIA-WILMINGTON-NEW JERSEY 1997 AND 2006 PM2.5 NAAQS MAINTENANCE PLANS MVEBS FOR DIRECT PM AND NOX

Budget years Motor vehicle emissions budget for Mobile vehicle emissions budget for direct PM-tons per year NOX-tons per year

2017 ...... 199 6,273 2025 ...... 199 6,273

Transportation conformity is required preliminarily concluded that the State’s The petition was submitted by the by section 176(c) of the Clean Air Act decision to not include budgets for SO2, Environmental Integrity Project (EIP), as (CAA). EPA’s conformity rule requires VOCs, and ammonia is consistent with well as Benjamin Feldman, and Brenda that transportation plans, transportation the requirements of the transportation and Shayne Lambert (Petitioners). This improvement programs, and projects conformity rule. That decision does not Order constitutes final action on that conform to SIPs and establishes the affect EPA’s adequacy finding for the petition requesting that the criteria and procedures for determining submitted direct PM and NOX MVEBs Administrator object to the issuance of whether or not they do. Conformity to for the Delaware portion of the the proposed CAA title V permit. a SIP means that transportation Philadelphia-Wilmington-New Jersey ADDRESSES: Copies of the final Order, activities will not produce new air nonattainment area. the petition, and all pertinent quality violations, worsen existing Please note that an adequacy review information relating thereto are on file violations, or delay timely attainment of is separate from EPA’s SIP review at the following location: EPA, Region the national ambient air quality process. The Maintenance Plans III, Air Protection Division (APD), 1650 standards. containing the 2017 and 2025 MVEBs Arch St., Philadelphia, Pennsylvania The criteria by which we determine were approved by EPA on August 5, 19103. EPA requests that if at all whether a SIP’s MVEBs are adequate for 2014 (79 FR 45350). The MVEBs have possible, you contact the individual conformity purposes are outlined in 40 been approved as part of the Delaware listed in the FOR FURTHER INFORMATION CFR 93.118(e)(4). EPA described the SIP, finding the MVEBs adequate makes CONTACT section to view copies of the process for determining the adequacy of them available for use for transportation final Order, petition, and other submitted SIP budgets in a July 1, 2004 conformity purposes. supporting information. You may view preamble starting at 69 FR 40038 and Authority: 42 U.S.C. 7401–7671q. the hard copies Monday through Friday, used the information in these resources Dated: October 1, 2014. from 9 a.m. to 3 p.m., excluding Federal in making this adequacy determination. William C. Early, holidays. If you wish to examine these Delaware did not provide emission Acting Regional Administrator, Region III. documents, you should make an budgets for sulfur dioxide (SO ), volatile 2 appointment at least 24 hours before the organic compounds (VOCs), or ammonia [FR Doc. 2014–24726 Filed 10–16–14; 8:45 am] visiting day. The final Order is also for the Delaware portion of the BILLING CODE 6560–50–P available electronically at the following Philadelphia-Wilmington-New Jersey Web site: http://www.epa.gov/region07/ nonattainment area because it ENVIROMENTAL PROTECTION air/title5/petitiondb/petitiondb.htm. concluded that emissions of these AGENCY precursors from motor vehicles are not FOR FURTHER INFORMATION CONTACT: significant contributors to the area’s [FRL–9918–07–Region 3] David Talley, Air Protection Division, PM2.5 air quality problem. The EPA Region III, telephone (215) 814– transportation conformity rule provision Clean Air Act Operating Permit 2117, or by email at talley.david@ at 40 CFR 93.102(b)(2)(v) indicates that Program; Petition To Object to Title V epa.gov. conformity does not apply for these Permits for Mettiki Coal, LLC; Maryland SUPPLEMENTARY INFORMATION: The CAA precursors, due to the lack of MVEBs for AGENCY: Environmental Protection affords EPA a 45-day period to review these precursors and the State’s Agency (EPA). and object to, as appropriate, operating conclusion that motor vehicle emissions ACTION: Notice of final action. permits proposed by state permitting of SO2, VOCs, and ammonia do not contribute significantly to the area’s SUMMARY: Pursuant to the Clean Air Act authorities. Section 505(b)(2) of the CAA authorizes any person to petition PM2.5 nonattainment problem. This (CAA), the EPA Administrator signed an provision of the transportation Order, dated September 26, 2014, the EPA Administrator within 60 days conformity rule predates and was not granting a petition to object to a state after the expiration of this review period disturbed by the January 4, 2013 operating permit issued by the to object to a state operating permit if EPA has not done so. Petitions must be decision in the litigation on the PM2.5 Maryland Department of the implementation rule.1 EPA has Environment (MDE). The Order based only on objections raised with responds to a February 5, 2013 petition. reasonable specificity during the public 1 EPA issued conformity regulations to implement comment period, unless the petitioner the 1997 PM2.5 NAAQS in July 2004 and May 2005 the Court remanded to EPA the implementation demonstrates that it was impracticable (69 FR 40004, July 1, 2004 and 70 FR 24280, May rule for the PM2.5 NAAQS because it concluded that to raise these issues during the comment 6, 2005, respectively). Those actions were not part EPA must implement that NAAQS pursuant to the period or that the grounds for objection of the final rule recently remanded to EPA by the PM-specific implementation provisions of subpart 4 Court of Appeals for the District of Columbia in of Part D of Title I of the CAA, rather than solely or other issue arose after the comment NRDC v. EPA, No. 08–1250 (Jan. 4, 2013), in which under the general provisions of subpart 1. period.

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The February 5, 2013 petition Amended Notices SUPPLEMENTARY INFORMATION: requested that the Administrator object EIS No. 20140240, Draft Supplement, Background: Pursuant to the Federal to the proposed title V operating permit USACE, WA, Mount St. Helens Long- Advisory Committee Act (FACA), as issued by MDE (Permit No. 24–023– Term Sediment Management Plan, amended, 5 U.S.C., App., notice is 0042), on the grounds that it did not Comment Period Ends: 10/21/2014, hereby given that the SAB CAAC TMB contain testing and monitoring Contact: Tina Teed 503–808–4960. Panel will hold public teleconferences requirements sufficient to assure Revision to FR Notice Published 09/26/ to discuss its draft report regarding the compliance with limits for sulfur 2014; draft IRIS Toxicological Review of dioxide (SO2) and particulate matter Extending Comment Period from 10/06/ Trimethylbenzenes (August 2013 (PM) emissions from the facility’s 2014 to 10/21/2014. Revised External Review Draft) and thermal dryer. enhancements the agency is Dated: October 14, 2014. implementing to the IRIS program. The The Order explains the reasons Dawn Roberts, behind EPA’s decision to grant the EPA SAB Staff Office augmented the Management Analyst, NEPA Compliance petition for objection. SAB CAAC with subject matter experts Division, Office of Federal Activities. to provide advice through the chartered Dated: October 3, 2014. [FR Doc. 2014–24734 Filed 10–16–14; 8:45 am] SAB regarding this IRIS assessment. William C. Early, BILLING CODE 6560–50–P The SAB was established pursuant to Acting, Regional Administrator, Region III. 42 U.S.C. 4365 to provide independent [FR Doc. 2014–24728 Filed 10–16–14; 8:45 am] scientific and technical advice to the BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION Administrator on the technical basis for AGENCY Agency positions and regulations. The [FRL–9917–99–OA] SAB is a Federal Advisory Committee ENVIRONMENTAL PROTECTION chartered under FACA. The SAB will AGENCY Notification of Two Public comply with the provisions of FACA Teleconferences of the Science and all appropriate SAB Staff Office [ER–FRL–9017–5] Advisory Board; Chemical Assessment procedural policies. Advisory Committee Augmented for The SAB CAAC TMB Panel held a Environmental Impact Statements; the Review of EPA’s Draft public meeting on June 17–June 19, Notice of Availability Trimethylbenzenes Assessment 2014. The purpose of that meeting was to receive a briefing on the EPA’s Responsible Agency: Office of Federal AGENCY: Environmental Protection enhancements to the IRIS Program and Activities, General Information (202) Agency (EPA). develop responses to the peer review 564–7146 or http://www.epa.gov/ ACTION: Notice. charge on the agency’s draft IRIS compliance/nepa/. Toxicological Review of SUMMARY: The Environmental Protection Trimethylbenzenes (August 2013 Weekly Receipt of Environmental Agency (EPA) Science Advisory Board Revised External Review Draft). The Impact Statements (SAB) Staff Office announces two public purpose of these public teleconferences Filed 10/06/2014 Through 10/10/2014 teleconferences of the SAB Chemical is for the Panel to discuss its draft report Assessment Advisory Committee Pursuant to 40 CFR 1506.9. peer reviewing the agency’s draft Augmented for the Review of the Draft toxicological review. The two public Notice Trimethylbenzenes Assessment (CAAC– teleconferences will be conducted as TMB Panel) to discuss its draft report Section 309(a) of the Clean Air Act one complete meeting, beginning on concerning EPA’s draft Integrated Risk requires that EPA make public its November 5, 2014 and continuing on Information System (IRIS) Toxicological comments on EISs issued by other November 7, 2014. Review of Trimethylbenzenes (August Federal agencies. EPA’s comment letters Availability of Meeting Materials: 2013 Revised External Review Draft). on EISs are available at: http:// Additional background on this SAB www.epa.gov/compliance/nepa/ DATES: The public teleconferences will activity, the teleconference agenda, draft eisdata.html. be held on Wednesday November 5, report, and other materials for the 2014 and Friday November 7, 2014. The teleconferences will be posted on the EIS No. 20140301, Draft EIS, FHWA, FL, teleconferences will be held from 1:00 SAB Web site at http://yosemite.epa. SR 87 Connector, Comment Period p.m. to 5:00 p.m. (Eastern Standard gov/sab/sabproduct.nsf/fedrgstr_ Ends: 12/01/2014, Contact: Joseph Time) on both days. activites/IRIS%20Trimethylbenzenes Sullivan 850–553–2248. Location: The teleconferences will be ?OpenDocument. EIS No. 20140302, Final EIS, FERC, TX, conducted by telephone only. Procedures for Providing Public Input: Corpus Christi LNG Project, Review FOR FURTHER INFORMATION CONTACT: Any Public comment for consideration by Period Ends: 11/17/2014, Contact: member of the public who wants further EPA’s federal advisory committees and Kandilarya Barakat 202–502–6365. information concerning the panels has a different purpose from EIS No. 20140303, Final EIS, EPA, FL, teleconferences may contact Mr. public comment provided to EPA Designation of an Ocean Dredged Thomas Carpenter, Designated Federal program offices. Therefore, the process Material Disposal Site Offshore of Officer (DFO), EPA Science Advisory for submitting comments to a federal Jacksonville, Review Period Ends: 11/ Board (1400R), U.S. Environmental advisory committee is different from the 17/2014, Contact: Christopher J. Protection Agency, 1300 Pennsylvania process used to submit comments to an McArthur 404–562–9391. Avenue NW., Washington, DC 20460; EPA program office. Federal advisory EIS No. 20140304, Final EIS, USACE, via telephone/voice mail (202) 564– committees and panels, including CA, Berths 212–224 (YTI) Container 4885; fax (202) 565–2098; or email at scientific advisory committees, provide Terminal Improvements Project, [email protected]. General independent advice to EPA. Members of Review Period Ends: 11/17/2014, information concerning the SAB can be the public can submit relevant Contact: Theresa Stevens 805–585– found on the SAB Web site at http:// comments pertaining to the group 2146. www.epa.gov/sab. conducting this SAB activity or meeting

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materials. Input from the public to the ENVIRONMENTAL PROTECTION Business Information or other SAB will have the most impact if it AGENCY information the disclosure of which is consists of comments that provide restricted by statute. Do not submit [EPA–HQ–ORD–2014–0750; FRL–9918–04– information that you consider to be CBI specific scientific or technical ORD] information or analysis for the SAB to or otherwise protected through http:// consider. Members of the public Human Studies Review Board; www.regulations.gov or email. The wishing to provide comment should Notification of a Public Meeting http://www.regulations.gov Web site is contact the Designated Federal Officer an ‘‘anonymous access’’ system, which AGENCY: U.S. Environmental Protection for the relevant advisory committee means EPA will not know your identity Agency. or contact information unless you directly. ACTION: Notice. provide it in the body of your comment. Oral Statements: In general, If you send an email comment directly individuals or groups requesting an oral SUMMARY: The EPA Office of the Science to the EPA without going through presentation at a public teleconference Advisor announces a public meeting of http://www.regulations.gov, your email will be limited to three minutes per the Human Studies Review Board to address will be automatically captured speaker. To be placed on the public advise the Agency on the ethical and and included as part of the comment speaker list for the November 5, 2014 scientific reviews of EPA research with that is placed in the public docket and teleconferences, interested parties human subjects. made available on the Internet. If you should notify Mr. Thomas Carpenter, DATES: This public meeting will be held submit an electronic comment, the EPA DFO, by email no later than October 28, on November 5, 2014, from recommends that you include your 2012. approximately 10:00 a.m. to name and other contact information in the body of your comment and with any Written Statements: Written approximately 3:00 p.m. Eastern Time. Comments may be submitted on or electronic storage media you submit. If statements for these teleconferences the EPA cannot read your comment due should be received in the SAB Staff before noon (Eastern Time) on Wednesday, October 29, 2014. to technical difficulties and cannot Office by the same deadlines given contact you for clarification, the EPA above for requesting oral comments. ADDRESSES: The meeting will be conducted entirely on the Internet using may not be able to consider your Written statements should be supplied comment. Electronic files should avoid to the DFO via email (acceptable file Adobe Connect and a conference call line. The conference call line is 866– the use of special characters, any form format: Adobe Acrobat PDF, MS Word, 299–3188 and access code 2025647189. of encryption, and be free of any defects WordPerfect, MS PowerPoint, or Rich The Adobe Connect link is: http:// or viruses. Text files in IBM–PC/Windows 98/ epa.connectsolutions.com/hsrb. Enter FOR FURTHER INFORMATION CONTACT: Any 2000/XP format). It is the SAB Staff the room as a guest providing your full member of the public who wishes to Office general policy to post written name. receive further information should comments on the Web page for the Comments: Submit your written contact Jim Downing at telephone advisory meeting or teleconference. comments, identified by Docket ID No. number (202) 564–2468; fax: (202) 564– Submitters are requested to provide an EPA–HQ–ORD–2014–0750, by one of 2070; email address: downing.jim@ unsigned version of each document the following methods: epa.gov; mailing address Environmental because the SAB Staff Office does not Internet: http://www.regulations.gov: Protection Agency, Office of the Science publish documents with signatures on Follow the online instructions for Advisor, Mail code 8105R, 1200 its Web sites. Members of the public submitting comments. Pennsylvania Avenue NW., Washington, should be aware that their personal Email: [email protected]. DC 20460. General information contact information, if included in any Mail: The EPA Docket Center EPA/ concerning the EPA HSRB can be found written comments, may be posted to the DC, ORD Docket, Mail code: 28221T, on the EPA Web site at http:// SAB Web site. Copyrighted material will 1200 Pennsylvania Avenue NW., www.epa.gov/hsrb. not be posted without explicit Washington, DC 20460. SUPPLEMENTARY INFORMATION: permission of the copyright holder. Hand Delivery: The EPA/DC Public Meeting access: Access to this Internet Reading Room is located in the EPA meeting is open to all at the information Accessibility: For information on Headquarters Library, Room Number provided above. access or services for individuals with 3334 in the EPA WJC West, at 1301 Procedures for providing public input: disabilities, please contact Mr. Constitution Avenue NW., Washington, Interested members of the public may Carpenter at the phone number or email DC 20460. The hours of operation are submit relevant written or oral address noted above, preferably at least 8:30 a.m. to 4:30 p.m. Eastern Time, comments for the HSRB to consider ten days prior to the teleconferences, to Monday through Friday, excluding during the advisory process. Additional give the EPA as much time as possible federal holidays. Please call (202) 566– information concerning submission of to process your request. 1744 or email the ORD Docket at relevant written or oral comments is Dated: October 7, 2014. [email protected] for instructions. provided in Section I, ‘‘Public Meeting’’ under subsection D. ‘‘How May I Thomas H. Brennan, Updates to Public Reading Room access are available on the Web site http:// Participate in this Meeting?’’ of this Deputy Director, EPA Science Advisory Board notice. Staff Office. www.epa.gov/epahome/dockets.htm. Instructions: The Agency’s policy is I. Public Meeting [FR Doc. 2014–24744 Filed 10–16–14; 8:45 am] that all comments received will be BILLING CODE 6560–50–P included in the public docket without A. Does this action apply to me? change and may be made available This action is directed to the public online at http://www.regulations.gov, in general. This Notice may, however, including any personal information be of particular interest to persons who provided, unless the comment includes conduct or assess human studies, information claimed to be Confidential especially studies on substances

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regulated by the EPA, or to persons who consult Jim Downing listed under FOR intent to permit organizations to expand are, or may be required to conduct FURTHER INFORMATION. the time limitations by having testing of chemical substances under the numerous individuals sign up C. What should I consider as I prepare Federal Food, Drug, and Cosmetic Act separately to speak on their behalf. If my comments for the EPA? or the Federal Insecticide, Fungicide, additional time is available, further and Rodenticide Act. This notice might You may find the following public comments may be possible. also be of special interest to participants suggestions helpful for preparing your 2. Written comments. Submit your of studies involving human subjects, or comments: written comments prior to the meeting. representatives of study participants or 1. Explain your views as clearly as For the Board to have the best experts on community engagement. The possible. opportunity to review and consider your Agency has not attempted to describe all 2. Describe any assumptions that you comments as it deliberates on its report, the specific entities that may have used. you should submit your comments on or 3. Provide copies of any technical interest in human subjects research. If before noon (Eastern Time) on information and/or data that you used to you have any questions regarding this Wednesday, October 29, 2014. If you notice, consult Jim Downing listed support your views. 4. Provide specific examples to submit comments after this date, those under FOR FURTHER INFORMATION comments will be provided to the Board CONTACT. illustrate your concerns and suggest alternatives. members, but you should recognize that B. How can I access electronic copies of 5. To ensure proper receipt by the the HSRB members may not have this document and other related EPA, be sure to identify the Docket ID adequate time to consider those information? number assigned to this action in the comments prior to their discussion during the meeting. You should submit In addition to using regulations.gov, subject line on the first page of your your comments using the instructions in you may access this Federal Register response. You may also provide the Section I., under subsection C., ‘‘What document electronically through the name, date, and Federal Register Should I Consider as I Prepare My EPA Internet under the ‘‘Federal citation. Comments for the EPA?’’ In addition, Register’’ listings at http://www.epa. D. How may I participate in this the agency also requests that persons gov/fedrgstr/. meeting? Docket: All documents in the docket submitting comments directly to the are listed in the http:// You may participate in this meeting docket also provide a copy of their www.regulations.gov index. Although by following the instructions in this comments to Jim Downing listed under listed in the index, some information is section. To ensure proper receipt by the FOR FURTHER INFORMATION CONTACT. not publicly available, e.g., CBI or other EPA, it is imperative that you identify There is no limit on the length of information whose disclosure is Docket ID number EPA–HQ–ORD– written comments for consideration by restricted by statute. Certain other 2014–0750 in the subject line on the the HSRB. material, such as copyrighted material, first page of your request. E. Background will be publicly available only in hard 1. Oral comments. Requests to present copy. Publicly available docket oral comments during the conference The HSRB is a Federal advisory materials are available either call will be accepted up to Noon Eastern committee operating in accordance with electronically in http:// Time on Friday, October 31, 2014. To the Federal Advisory Committee Act 5 www.regulations.gov or in hard copy at the extent that time permits, interested U.S.C. App.2 § 9. The HSRB provides the ORD Docket, EPA/DC, in the Public persons who have not pre-registered advice, information, and Reading Room. The EPA/DC Public may be permitted by the Chair of the recommendations to the EPA on issues Reading Room is located in the EPA HSRB to present oral comments during related to scientific and ethical aspects Headquarters Library, Room Number the call. Each individual or group of human subjects research. The major 3334 in the EPA WJC West, at 1301 wishing to make brief oral comments to objectives of the HSRB are to provide Constitution Avenue NW., Washington, the HSRB is strongly advised to submit advice and recommendations on: (1) DC 20460. The hours of operation are their request (preferably via email) to Research proposals and protocols; (2) 8:30 a.m. to 4:30 p.m. Eastern Time, Jim Downing, listed under FOR FURTHER reports of completed research with Monday through Friday, excluding INFORMATION CONTACT no later than human subjects; and (3) how to federal holidays. Please call (202) 566– noon, Eastern Time, Friday, October 31, strengthen EPA’s programs for 1744 or email the ORD Docket at 2014, in order to be included on the protection of human subjects of [email protected] for instructions. meeting agenda and to provide research. The HSRB reports to the EPA Updates to Public Reading Room access sufficient time for the HSRB Chair and Administrator through the Agency’s are available on the Web site (http:// HSRB Designated Federal Official to Science Advisor. www.epa.gov/epahome/dockets.htm). review the meeting agenda to provide an 1. Topics for discussion. At its The Agency’s position paper(s), charge/ appropriate public comment period. meeting on November 5, 2014, EPA’s questions to the HSRB, and the meeting The request should identify the name of Human Studies Review Board will agenda will be available by the middle the individual making the presentation consider scientific and ethical issues of October 2014. In addition, the Agency and the organization (if any) the surrounding these topics: may provide additional background individual will represent. Oral a. A new scenario design and documents as the materials become comments before the HSRB are associated protocol from the available. You may obtain electronic generally limited to five minutes per Agricultural Handler Exposure Task copies of these documents, and other individual or organization. Please note Force, LLC describing proposed related documents that are available that this includes all individuals research to monitor dermal and electronically, from the regulations.gov appearing either as part of, or on behalf inhalation exposure of pesticide Web site and the EPA HSRB Web site of, an organization. While it is our handlers who manually open containers at http://www.epa.gov/hsrb/. For intent to hear a full range of oral of granular pesticide products and questions on document availability, or if comments on the science and ethics perform open pour loading of the you do not have access to the Internet, issues under discussion, it is not our granules into application equipment.

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b. A published report by Frampton et must publish a notice of receipt of any Programs, Environmental Protection al. (2002) of an intentional exposure request in the Federal Register. Agency, 1200 Pennsylvania Ave. NW., human study measuring the effects of DATES: The deletions in Table 1 are Washington, DC 20460–0001; main nitrogen dioxide exposure on airway effective November 17, 2014, because telephone number: (703) 347–0367; and blood cells. the registrants requested a waiver of the email address: green.christopher@ 2. Meeting minutes and reports. 180-day comment period, unless the epa.gov. Minutes of the meeting, summarizing Agency receives a written withdrawal SUPPLEMENTARY INFORMATION: the matters discussed and request on or before November 17, 2014. recommendations, if any, made by the The Agency will consider a withdrawal I. General Information advisory committee regarding such request postmarked no later than A. Does this action apply to me? matters, will be released within 90 November 17, 2014. The deletions in calendar days of the meeting. Such Table 2 are effective April 15, 2015, This action is directed to the public minutes will be available at http:// unless the Agency receives a written in general. Although this action may be www.epa.gov/osa/hsrb/ and http:// withdrawal request on or before April of particular interest to persons who www.regulations.gov. In addition, 15, 2015. The Agency will consider a produce or use pesticides, the Agency information regarding the Board’s final withdrawal request postmarked no later has not attempted to describe all the meeting report, will be found at than April 15, 2015. specific entities that may be affected by http://www.epa.gov/osa/hsrb/ or from Users of these products who desire this action. FOR FURTHER the person listed under continued use on crops or sites being INFORMATION CONTACT. deleted should contact the applicable B. How can I get copies of this document Dated: October 9, 2014. registrant in Table 1 before November and other related information? Robert Kavlock, 17, 2014, for the registrants that The docket for this action, identified Interim Agency Science Advisor. requested a waiver of the 180-day by docket ID number EPA–HQ–OPP– [FR Doc. 2014–24757 Filed 10–16–14; 8:45 am] comment period. Users of these 2014–0639, is available either BILLING CODE 6560–50–P products who desire continued use on electronically through http:// crops or sites being deleted should www.regulations.gov or in hard copy at contact the applicable registrant in the OPP Docket in the EPA/DC, West ENVIRONMENTAL PROTECTION Table 2 before April 15, 2015. William Jefferson Clinton Bldg., Rm. AGENCY ADDRESSES: Submit your withdrawal 3334, 1301 Constitution Ave. NW., [EPA–HQ–OPP–2014–0639; FRL–9916–78] request, identified by docket Washington, DC 20460–0001. The identification (ID) number EPA–HQ– Public Reading Room is open from 8:30 Notice of Receipt of Requests for OPP–2014–0639, by one of the a.m. to 4:30 p.m., Monday through Amendments To Delete Uses in Certain following methods: Friday, excluding legal holidays. The Pesticide Registrations • Mail: OPP Docket, Environmental telephone number for the Public Protection Agency Docket Center (EPA/ Reading Room is (202) 566–1744, and AGENCY: Environmental Protection DC), (28221T), 1200 Pennsylvania Ave. the telephone number for the OPP Agency (EPA). NW., Washington, DC 20460–0001. Docket is (703) 305–5805. Please review ACTION: Notice. • Hand Delivery: To make special the visitor instructions and additional SUMMARY: In accordance with the arrangements for hand delivery or information about the docket available Federal Insecticide, Fungicide, and delivery of boxed information, please at http://www.epa.gov/dockets. follow the instructions at http:// Rodenticide Act (FIFRA), EPA is issuing II. What action is the agency taking? a notice of receipt of request for www.epa.gov/dockets/contacts.html. amendments by registrants to delete Additional instructions on visiting the This notice announces receipt by the uses in certain pesticide registrations. docket, along with more information Agency of applications from registrants FIFRA provides that a registrant of a about dockets generally, is available at to delete uses in certain pesticide pesticide product may at any time http://www.epa.gov/dockets. registrations. These registrations are request that any of its pesticide FOR FURTHER INFORMATION CONTACT: listed in Table 1 & Table 2 of this unit registrations be amended to delete one Christopher Green, Information by registration number, product name, or more uses. FIFRA further provides Technology and Resources Management active ingredient, and specific uses that, before acting on the request, EPA Division (7502P), Office of Pesticide deleted.

TABLE 1—REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

EPA registration No. Product name Active ingredient Delete from label

264–343 ...... Larvin Brand Technical Thiodicarb In- Thiodicarb ...... Terrestrial food uses: Sweet corn, secticide. Leafy vegetables, Broccoli, Cabbage and Cauliflower; Terrestrial non-food uses: Ornamentals & Non-crop areas. 264–718 ...... Spiromesifen Technical ...... Spiromesifen ...... Greenhouse tomatoes. 264–719 ...... Oberon 2SC Insecticide/Miticide ...... Spiromesifen ...... Greenhouse tomatoes. 19713–600 ...... Drexel Pendimethalin Technical ...... Pendimethalin ...... Grass grown for seed. 42750–230 ...... Captan Technical ...... Captan ...... Adhesives, paints & plastics. 45728–12 ...... Ziram Granuflo ...... Ziram ...... Blackberry. 46923–4 ...... Copper Sulfate Fine Crystals ...... Copper sulfate pentahydrate ...... Wood treatment uses.

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TABLE 1—REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS—Continued

EPA registration No. Product name Active ingredient Delete from label

65217–1 ...... Biobor JF ...... 1,3,2-Dioxaborinane, 2,2′-((1-methyl- All wood preservative uses. 1,3-propanediyl)bis(oxy))bis(4- methyl- & 1,3,2-Dioxaborinane, 2,2′oxybis(4,4,6-trimethyl-. 84229–16 ...... Tide Technical Imidacloprid ...... Imidacloprid ...... Companion animal. 85678–8 ...... Captan Technical ...... Captan ...... Indoor/Industrial uses in paints, plastics & adhesives. 85678–28 ...... Captan Technical II ...... Captan ...... Indoor/Industrial uses in paints, plastics & adhesives. 87290–44 ...... Willowood Azoxystrobin 2.08SC ...... Azoxystrobin ...... Post-harvest applications.

Users of these products in Table 1, 17, 2014, because the registrants This 30-day period will also permit who desire continued use on crops or requested a waiver of the 180-day interested members of the public to sites being deleted should contact the comment period, to discuss withdrawal intercede with registrants prior to the applicable registrant before November of the application for amendment. Agency’s approval of the deletion.

TABLE 2—REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

EPA registration No. Product name Active ingredient Delete from label

400–565 ...... Omite 30W ...... Propargite ...... Non-bearing avocado use. 11678–1 ...... Merpan Captan Technical ...... Captan ...... Paints, plastics, adhesives, turf (golf course) and sod farm. 19713–258 ...... Drexel Captan Technical ...... Captan ...... Paints, plastics & adhesives. 19713–631 ...... Drexel Captan Technical 97% ...... Captan ...... Coatings, paints, plastics & adhesives. 66330–24 ...... Captan 4 Flowable ...... Captan ...... Turf. 66330–26 ...... Captan 50 WP ...... Captan ...... Turf. 66330–29 ...... Captan 80 WDG ...... Captan ...... Turf. 66330–31 ...... Captan Technical ...... Captan ...... Turf, paints, plastics & adhesives. 66330–54 ...... Captan Technical ...... Captan ...... Turf, paints, plastics & adhesives. 70506–297 ...... UPI Captan Technical ...... Captan ...... Paints, plastics, adhesives & turf. 70506–299 ...... Captan 80 WDG ...... Captan ...... Turf.

Users of these products in Table 2, application for amendment. This 180- Table 3 of this unit includes the who desire continued use on crops or day period will also permit interested names and addresses of record for all sites being deleted should contact the members of the public to intercede with registrants of the products listed in applicable registrant before April 15, registrants prior to the Agency’s Table 1 and Table 2 of this unit, in 2015 to discuss withdrawal of the approval of the deletion. sequence by EPA company number.

TABLE 3—REGISTRANTS REQUESTING AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

EPA company No. Company name and address

264 ...... Bayer CropScience, LP, 2 T.W. Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709. 400 ...... MacDermid Agricultural Solutions, Inc., c/o Chemtura Corporation, Agent Name: Keller & Heckman, LLP, 1001 G Street NW., Suite 500, Washington, DC 20001. 11678 ...... Makhteshim Chemical Works, Ltd., Agent Name: Makhteshim Agan of North America, Inc., 3120 Highwoods Blvd., Suite 100, Raleigh, NC 27604. 19713 ...... Drexel Chemical Company, 1700 Channel Drive, P.O. Box 13327, Memphis, TN 38113–0327. 42750 ...... Albaugh, LLC, P.O. Box 2127, Valdosta, GA 31604–2127. 45728 ...... Taminco US, Inc., Agent Name: VJP Consulting, Inc., 21320 Sweet Clover Place, Ashburn, VA 20147. 46923 ...... Old Bridge Chemicals, Inc., Agent Name: Landis International, Inc., 3185 Madison Highway, P.O. Box 5126, Valdosta, GA 31603–5126. 65217 ...... Hammonds Fuel Additives, Inc., Agent Name: Delta Analytical Corp., 12510 Prosperity Drive, Suite 160, Silver Spring, MD 20904. 66330 ...... Arysta LifeScience North America, LLC, 15401 Weston Parkway, Suite 150, Cary, NC 27513. 70506 ...... United Phosphorus, Inc., 630 Freedom Business Center, Suite 402, King of Prussia, PA 19406. 84229 ...... Tide International USA, Inc., Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th St. NW., Gig Harbor, WA 98332. 85678 ...... RedEagle International, LLC, Agent Name: Wagner Regulatory Associates, Inc., P.O. Box 640, Hockessin, DE 19707. 87290 ...... Willowood, LLC, Agent Name: Wagner Regulatory Associates, Inc., P.O. Box 640, Hockessin, DE 19707–0640.

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III. What is the Agency’s authority for Receiver will be making a final dividend AMC Freight Forwarder Corp. (NVO & taking this action? payment to proven creditors. OFF), 2511 Pan Am Blvd., Elk Grove Section 6(f)(1) of FIFRA provides that Based upon the foregoing, the Village, IL 60007; Officers: Buyanbat a registrant of a pesticide product may Receiver has determined that the Altangerel, President (QI), Rodger at any time request that any of its continued existence of the receivership Wesolowski, Secretary, Application pesticide registrations be amended to will serve no useful purpose. Type: New NVO & OFF License. AMPAC Freight System, Inc (NVO), delete one or more uses. The FIFRA Consequently, notice is given that the 19105 Santa Maria Avenue, Castro further provides that, before acting on receivership shall be terminated, to be Valley, CA 94546; Officer: Pei-Ling the request, EPA must publish a notice effective no sooner than thirty days after (aka Peggy) Wen, President (QI), of receipt of any such request in the the date of this Notice. If any person Application Type: New NVO License. Federal Register. Thereafter, the EPA wishes to comment concerning the termination of the receivership, such Anselm K. Nwankwo dba Anze Global Administrator may approve such a Logistics (NVO & OFF), 45 Harrison request. comment must be made in writing and sent within thirty days of the date of Street, Suite A, Roslindale, MA IV. Procedures for Withdrawal of this Notice to: Federal Deposit 02131; Officer: Anselm K. Nwankwo, Request Insurance Corporation, Division of President (QI), Application Type: Business Structure Change to Anze Registrants who choose to withdraw a Resolutions and Receiverships, Global Logistics & Shipping Inc. request for use deletion must submit the Attention: Receivership Oversight Ark Shipping Line Limited Liability withdrawal in writing to Christopher Department 32.1, 1601 Bryan Street, Company (NVO & OFF), 239 Albert Green using the methods in ADDRESSES. Dallas, TX 75201. Street, North Plainfield, NJ 07063; The Agency will consider written No comments concerning the Officer: Fawwad Mohammad, Chief withdrawal requests postmarked no termination of this receivership will be Executive Manager (QI), Application later than November 17, 2014, for the considered which are not sent within this time frame. Type: Add OFF Service. requests that the registrants requested to Bosgen Inc. (NVO & OFF), 16 Prescott waive the 180-day comment period and Dated: October 14, 2014. Street, Suite 300, Wellesley, MA no later than April 15, 2015, for the Federal Deposit Insurance Corporation. 02481; Officers: Jianfan Wang, requests with a 180-day comment Robert E. Feldman, President (QI), Jie Bai, Treasurer, period. Executive Secretary. Application Type: New NVO & OFF V. Provisions for Disposition of Existing [FR Doc. 2014–24718 Filed 10–16–14; 8:45 am] License. Stocks BILLING CODE 6714–01–P Direct Global Shipping LLC (NVO & OFF), 10891 NW 34th Place, Coral The Agency has authorized the Springs, FL 33065; Officer: Sean J. registrants to sell or distribute product Alford, Member (QI), Application under the previously approved labeling FEDERAL MARITIME COMMISSION Type: New NVO & OFF License. for a period of 18 months after approval Global Voyage, LLC (OFF), 2567 North of the revision, unless other restrictions Ocean Transportation Intermediary Forsyth Road, Orlando, FL 32807; have been imposed, as in special review License Applicants Officers: Jocelyn C. Kassem, Manager/ actions. Member (QI), Bassel Kassem, The Commission gives notice that the Authority: 7 U.S.C. 136 et seq. Manager/Member, Application Type: following applicants have filed an New OFF License. Dated: September 18, 2014. application for an Ocean Transportation Intorvolca Logistic, LLC. (OFF), 11890 Michael Hardy, Intermediary (OTI) license as a Non- SW 8th Street, Penthouse 3 A–B, Acting Director, Information Technology and Vessel-Operating Common Carrier Miami, FL 33184; Officer: Javier A. Resources Management Division, Office of (NVO) and/or Ocean Freight Forwarder Volcanes, Manager/Member (QI), Pesticide Programs. (OFF) pursuant to section 19 of the Application Type: New OFF License. [FR Doc. 2014–24646 Filed 10–16–14; 8:45 am] Shipping Act of 1984 (46 U.S.C. 40101). Intransia World Wise Logistics Inc. BILLING CODE 6560–50–P Notice is also given of the filing of (NVO), 2240 Palm Beach Lakes Blvd., applications to amend an existing OTI Suite 300, West Palm Beach, FL license or the Qualifying Individual (QI) 33409; Officer: Mehmet O. Elbir, for a licensee. President (QI), Application Type: FEDERAL DEPOSIT INSURANCE Interested persons may contact the CORPORATION New NVO License. Office of Ocean Transportation ISS Palumbo Houston LLC (OFF), 3340– Intermediaries, Federal Maritime B Greens Road, Suite B900, Houston, Notice to All Interested Parties of the Commission, Washington, DC 20573, by Termination of the Receivership of TX 77032; Officers: Ian Sanders-Park, telephone at (202) 523–5843 or by email Vice President of Operations, Filippo 10470, Covenant Bank, Chicago, at [email protected]. Illinois Palumbo, Manager/President, A.G. Cargo Import, Inc. (NVO & OFF), Application Type: New OFF License. Notice is hereby given that the Federal 350 North Sam Houston Pkwy. East, LavinStar America, Inc. (NVO & OFF), Deposit Insurance Corporation (‘‘FDIC’’) Suite 203, Houston, TX 77060; 485–C Route 1 South, Building C, as Receiver for Covenant Bank, Chicago, Officers: Justiniano J. Nunez, CEO Suite 130, Iselin, NJ 08830; Officers: Illinois (‘‘the Receiver’’) intends to (QI), Artemisia Vargo, Secretary, Tervin M. Aranha, Executive Vice terminate its receivership for said Application Type: New NVO & OFF President (QI), Martin J. Aranha, institution. The FDIC was appointed License. President, Application Type: QI receiver of Covenant Bank on February Aduamerica USA Corp. (NVO & OFF), Change. 15, 2013. The liquidation of the 14944 SW 132 Avenue, Miami, FL Maceachern Energy, LLC (OFF), 400 receivership assets has been completed. 33186; Officer: David M. Gonzalez, Clematis Street, Suite 207, West Palm To the extent permitted by available CEO (QI), Application Type: New Beach, FL 33401; Officers: Christina funds and in accordance with law, the NVO & OFF License. MacEachern, Managing Member (QI),

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Christopher C. MacEachern, Managing are placed into OMB’s public docket Federal Reserve Board Acting Member, Application Type: New OFF files. The Federal Reserve may not Clearance Officer—John Schmidt— License. conduct or sponsor, and the respondent Office of the Chief Data Officer, Board Marine Transport International USA is not required to respond to, an of Governors of the Federal Reserve LLC (NVO & OFF), 50 Harrison Street, information collection that has been System, Washington, DC 20551 (202) Suite PH 441, Hoboken, NJ 07030; extended, revised, or implemented on or 452–3829. Telecommunications Device Officers: Carmella M. DePrimo, after October 1, 1995, unless it displays for the Deaf (TDD) users may contact Manager (QI), Jody L. Cleworth, a currently valid OMB control number. (202) 263–4869, Board of Governors of Member, Application Type: New NVO DATES: Comments must be submitted on the Federal Reserve System, & OFF License. or before December 16, 2014. Washington, DC 20551. Nigel Williams dba Caribbean Imports & ADDRESSES: You may submit comments, SUPPLEMENTARY INFORMATION: Exports Services Ltd. (NVO & OFF), identified by FR GTU, or FR 2030, FR 1424 W. 24th Street, Houston, TX Request for Comment on Information 2030a, FR 2056, FR 2086, FR 2086a, FR Collection Proposals 77008; Officers: Nigel Williams, Sole 2087, or FR 2083 by any of the following Proprietor (QI), Application Type: methods: The following information New NVO & OFF License. • Agency Web site: http:// collections, which are being handled Janette Marlowe and Kathleen Smith www.federalreserve.gov. Follow the under this delegated authority, have dba Planet Shippers dba Project, instructions for submitting comments at received initial Board approval and are Cargo USA Ltd (NVO & OFF), 11110 http://www.federalreserve.gov/apps/ hereby published for comment. At the Bellaire Blvd., Second Floor, Suite foia/proposedregs.aspx. end of the comment period, the 213, Houston, TX 77072; Officers: • Federal eRulemaking Portal: http:// proposed information collections, along Kathleen P. Smith, Partner (QI), www.regulations.gov. Follow the with an analysis of comments and Janette M. Marlowe, Partner, instructions for submitting comments. recommendations received, will be Application Type: New NVO & OFF • Email: regs.comments@ submitted to the Board for final License. federalreserve.gov. Include OMB approval under OMB delegated By the Commission. number in the subject line of the authority. Comments are invited on the Dated: October 9, 2014. message. following: Karen V. Gregory, • Fax: (202) 452–3819 or (202) 452– a. Whether the proposed collection of 3102. information is necessary for the proper Secretary. • Pursuant to the Commission’s direct Mail: Robert deV. Frierson, performance of the Federal Reserve’s rule (79 FR 56522), beginning October Secretary, Board of Governors of the functions; including whether the 20, 2014, these notices will no longer be Federal Reserve System, 20th Street and information has practical utility; posted in the Federal Register. After Constitution Avenue NW., Washington, b. The accuracy of the Federal October 20, 2014, this information will DC 20551. Reserve’s estimate of the burden of the be available on the Commission’s Web All public comments are available proposed information collection, site at http:/www.fmc.gov, see OTI from the Board’s Web site at http:// including the validity of the Licensing Updates. www.federalreserve.gov/apps/foia/ methodology and assumptions used; proposedregs.aspx as submitted, unless c. Ways to enhance the quality, [FR Doc. 2014–24692 Filed 10–16–14; 8:45 am] modified for technical reasons. utility, and clarity of the information to BILLING CODE 6730–01–P Accordingly, your comments will not be be collected; edited to remove any identifying or d. Ways to minimize the burden of contact information. Public comments information collection on respondents, FEDERAL RESERVE SYSTEM may also be viewed electronically or in including through the use of automated paper form in Room MP–500 of the Proposed Agency Information collection techniques or other forms of Board’s Martin Building (20th and C information technology; and Collection Activities; Comment Streets NW.) between 9 a.m. and 5 p.m. Request e. Estimates of capital or start up costs on weekdays. and costs of operation, maintenance, AGENCY: Board of Governors of the Additionally, commenters may send a and purchase of services to provide Federal Reserve System. copy of their comments to the OMB information. SUMMARY: On June 15, 1984, the Office Desk Officer—Shagufta Ahmed—Office of Management and Budget (OMB) of Information and Regulatory Affairs, Proposal To Approve Under OMB delegated to the Board of Governors of Office of Management and Budget, New Delegated Authority the Extension for the Federal Reserve System (Board) its Executive Office Building, Room 10235, Three Years, Without Revision, of the approval authority under the Paperwork 725 17th Street NW., Washington, DC Following Reports Reduction Act (PRA), pursuant to 5 CFR 20503 or by fax to (202) 395–6974. 1. Report titles: Registration Statement 1320.16, to approve of and assign OMB FOR FURTHER INFORMATION CONTACT: A for Persons Who Extend Credit Secured control numbers to collection of copy of the PRA OMB submission, by Margin Stock (Other Than Banks, information requests and requirements including the proposed reporting form Brokers, or Dealers); Deregistration conducted or sponsored by the Board and instructions, supporting statement, Statement for Persons Registered under conditions set forth in 5 CFR and other documentation will be placed Pursuant to Regulation U; Statement of 1320 Appendix A.1. Board-approved into OMB’s public docket files, once Purpose for an Extension of Credit collections of information are approved. These documents will also be Secured by Margin Stock by a Person incorporated into the official OMB made available on the Federal Reserve Subject to Registration Under inventory of currently approved Board’s public Web site at: http:// Regulation U; Annual Report; Statement collections of information. Copies of the www.federalreserve.gov/apps/ of Purpose for an Extension of Credit by Paperwork Reduction Act Submission, reportforms/review.aspx or may be a Creditor; and Statement of Purpose for supporting statements and approved requested from the agency clearance an Extension of Credit Secured by collection of information instruments officer, whose name appears below. Margin Stock.

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Agency form numbers: FR G–1, FR G– security designated for trading in the exemption 4 of the Freedom of 2, FR G–3, FR G–4, FR T–4, FR U–1. National Market System, (2) debt Information Act (FOIA), 5 U.S.C. OMB control numbers: 7100–0011: FR securities (bonds) that are convertible 552(b)(4), should demonstrate that G–1, FR G–2, FR G–4; 7100–0018: FR G– into margin stock, and (3) shares of most substantial harm would result from 3; 7100–0019: FR T–4; 7100–0115: FR mutual funds. Lenders other than public release of the information. U–1. brokers and dealers and banks must Submissions of these forms may also be Frequency: FR G–1, FR G–2, FR G–3, register and deregister with the Federal exempt under exemption 6 of FOIA, 5. FR T–4, and FR U–1: on occasion; FR Reserve using the FR G–1 and FR G–2, U.S.C. 552(b)(6), if a submitter identifies G–4: annual. respectively, and they must file an information of a personal nature the Reporters: Individuals and businesses. annual report (FR G–4) while registered. disclosure of which would result in a Estimated annual reporting hours: The Federal Reserve uses the data to clearly unwarranted invasion of 245 hours. identify lenders subject to Regulation U, personal privacy. Additionally, Estimated average hours per response: to verify their compliance with the exemption 8 of FOIA, 5 U.S.C. 552(b)(8) FR G–1: 2.5 hours; FR G–2: 15 minutes; regulation, and to monitor margin may apply to the extent the reported FR G–3: 10 minutes; FR G–4: 2.0 hours; credit. information is contained in or related to FR T–4: 10 minutes; FR U–1: 10 2. Report title: Applications for examination reports. Each request for minutes. Subscription to, Adjustment in the confidentiality that is received by a Number of respondents: FR G–1: 52; Holding of, and Cancellation of Federal submitter of these forms will need to be FR G–2: 25; FR G–3: 6; FR G–4: 12; FR Reserve Bank Stock. reviewed on a case-by-case basis. T–4: 4; FR U–1: 4. Agency form number: FR 2030, FR Abstract: These application forms are General description of reports: This 2030a, FR 2056, FR 2086, FR 2086a, FR required by the Federal Reserve Act and information collection is mandatory (15 2087. Regulation I. These forms must be used U.S.C. 78g). In addition, the FR T–4 is OMB control number: 7100–0042. by a new or existing member bank required by Section 220.6 of Regulation Frequency: On occasion. (including a national bank) to request T (12 CFR 220.6), the FR U–1 is required Reporters: National, State Member, the issuance, and adjustment in, or by Sections 221.3(c)(1)(i) and (2)(i) of and Nonmember banks. cancellation of Federal Reserve Bank Regulation U (12 CFR 221.3(c)(1)(i) and Estimated annual reporting hours: FR stock. The forms must contain certain (2)(i)), and the FR G–1, G–2, G–3, and 2030: 2 hours; FR 2030a: 1 hour; FR certifications by the applicants, as well G–4 are required by Sections 2056: 667 hours; FR 2086: 23 hours; FR as certain other financial and 221.3(b)(1), (2), and (3), and (c)(1)(ii) 2086a: 40 hours; FR 2087: 1 hour. shareholder data that is needed by the and (2)(ii) of Regulation U (12 CFR Estimated average hours per response: Federal Reserve to process the request. 221.3(b)(1), (2), and (3), and (c)(1)(ii) .5 hours. 3. Report title: Application for and (2)(ii)). Number of respondents: FR 2030: 4; Membership in the Federal Reserve The FR G–1 and FR G–4 collect FR 2030a: 2; FR 2056: 1,333; FR 2086: System. financial information, including a 45; FR 2086a: 79; FR 2087: 1. Agency form number: FR 2083, balance sheet, from nonbank lenders General description of report: These 2083A, 2083B, and 2083C. subject to Regulation U. Some of these information collections are mandatory. OMB control number: 7100–0046. lenders may be individuals or nonbank • FR 2030 and FR 2030a: Section 2 of Frequency: On occasion. entities that do not make this the Federal Reserve Act [12 U.S.C. 222 Reporters: Newly organized banks information publicly available; release and 282] and Sections 9 and 11(a) of the that seek to become state member banks, could therefore cause substantial harm Federal Reserve Act [12 U.S.C. 248(a) or existing banks or savings institutions to the competitive position of the and 321]; that seek to convert to state member respondent or result in an unwarranted • FR 2056: Section 5 of the Federal bank status. invasion of personal privacy. In those Reserve Act [12 U.S.C. 287] and Estimated annual reporting hours: cases, the information could be Sections 11(a) and (i) of the Federal 184 hours. withheld under Exemption 4 or Reserve Act [12 U.S.C. 248(a) and (i)]; Estimated average hours per response: Exemption 6 of FOIA, 5 U.S.C. 552(b)(4) • FR 2086: Section 5 of the Federal 4 hours. and (6), respectively. Confidentiality Reserve Act [12 U.S.C. 287] and Number of respondents: 46. determinations must be made on a case Sections 11(a) and (i) of the Federal General description of report: This by case basis. Because the FR T–4, FR Reserve Act [12 U.S.C. 248(a) and (i)]; information collection is mandatory U–1, and FR G–3 are not submitted to • FR 2086a: Section 9 of the Federal (Section 9 of the Federal Reserve Act [12 the Federal Reserve System, and the FR Reserve Act [12 U.S.C. 321], Section 5 U.S.C. 321, 322, and 333]). The G–2 does not contain any information of the Federal Reserve Act [12 U.S.C. information solicited in this application considered to be confidential, no 287], and Section 11(a) of the Federal form is not considered confidential, but confidentiality determination is Reserve Act [12 U.S.C. 248(a)]; and applicants may request that parts of the necessary for these reports. • FR 2087: Section 6 of the Federal form be kept confidential. Any request Abstract: The Securities Exchange Act Reserve Act [12 U.S.C. 288] and for confidential treatment of information of 1934 authorizes the Federal Reserve Sections 11(a) and (i) of the Federal must be accompanied by a detailed to regulate securities credit extended by Reserve Act [12 U.S.C. 248 (a) and (i)]. justification for confidentiality. For brokers and dealers, banks, and other The information solicited in these example, a justification for confidential lenders. The purpose statements, FR application forms is not considered treatment of business information under T–4, FR U–1, and FR G–3, are confidential, but applicants may request exemption 4 of the Freedom of recordkeeping requirements for brokers that parts of the forms be kept Information Act (FOIA), 5 U.S.C. and dealers, banks, and other lenders, confidential. Any request for 552(b)(4), should demonstrate that respectively, to document the purpose confidential treatment of information substantial harm would result from of their loans secured by margin stock. must be accompanied by a detailed public release of the information. Margin stock is defined as (1) stocks that justification for confidentiality. For Submissions of this form may also be are registered on a national securities example, a justification for confidential exempt under exemption 6 of FOIA, 5. exchange or any over-the-counter treatment of business information under U.S.C. 552(b)(6), if a submitter identifies

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information of a personal nature the indicated or the offices of the Board of PLACE: Marriner S. Eccles Federal disclosure of which would result in a Governors not later than November 13, Reserve Board Building, 20th Street clearly unwarranted invasion of 2014. entrance between Constitution Avenue personal privacy. Additionally, A. Federal Reserve Bank of Chicago and C Streets NW., Washington, DC exemption 8 of FOIA, 5 U.S.C. 552(b)(8) (Colette A. Fried, Assistant Vice 20551. may apply to the extent the reported President) 230 South LaSalle Street, STATUS: Open. information is contained in or related to Chicago, Illinois 60690–1414: On the day of the meeting, you will examination reports. Each request for 1. Country Bancorporation, be able to view the meeting via Web cast confidentiality that is received by a Crawfordsville, Iowa; to acquire 100 from a link available on the Board’s submitter of this form will need to be percent of the voting shares of Lone public Web site. You do not need to reviewed on a case-by-case basis. Tree Service Company, Lone Tree, Iowa, register to view the Web cast of the Abstract: The application for and thereby indirectly acquire Farmers meeting. A link to the meeting membership is a required one-time and Merchants Savings Bank, Iowa City, documentation will also be available submission that collects the information Iowa. approximately 20 minutes before the necessary for the Federal Reserve to start of the meeting. Both links may be evaluate the statutory criteria for Board of Governors of the Federal Reserve System, October 14, 2014. accessed from the Board’s public Web admission of a new or existing state Michael J. Lewandowski, site at www.federalreserve.gov. bank into membership in the Federal If you plan to attend the open meeting Reserve System. The application Associate Secretary of the Board. [FR Doc. 2014–24712 Filed 10–16–14; 8:45 am] in person, we ask that you notify us in collects managerial, financial, and advance and provide your name, date of BILLING CODE 6210–01–P structural data. birth, and social security number (SSN) Board of Governors of the Federal Reserve or passport number. You may provide System, October 14, 2014. FEDERAL RESERVE SYSTEM this information by calling 202–452– Robert deV. Frierson, 2474 or you may register online. You Secretary of the Board. Formations of, Acquisitions by, and may pre-register until close of business [FR Doc. 2014–24690 Filed 10–16–14; 8:45 am] Mergers of Savings and Loan Holding on October 21, 2014. You also will be BILLING CODE 6210–01–P Companies; Correction asked to provide identifying information, including a photo ID, This notice corrects a notice (FR Doc. before being admitted to the Board FEDERAL RESERVE SYSTEM 2014–24235) published on page 61308 meeting. The Public Affairs Office must of the issue for Friday, October 10, 2014. approve the use of cameras; please call Formations of, Acquisitions by, and Under the Federal Reserve Bank of 202–452–2955 for further information. If Mergers of Bank Holding Companies New York heading, the entry for you need an accommodation for a Sumitomo Mitsui Financial Group, Inc. The companies listed in this notice disability, please contact Penelope and Sumitomo Mitsui Banking have applied to the Board for approval, Beattie on 202–452–3982. For the Corporation, both in Tokyo, Japan, is pursuant to the Bank Holding Company hearing impaired only, please use the revised to read as follows: Act of 1956 (12 U.S.C. 1841 et seq.) Telecommunication Device for the Deaf (BHC Act), Regulation Y (12 CFR Part 1. Sumitomo Mitsui Financial Group, (TDD) on 202–263–4869. 225), and all other applicable statutes Inc., and Sumitomo Mitsui Banking Privacy Act Notice: The information and regulations to become a bank Corporation, both of Tokyo, Japan; to you provide will be used to assist us in holding company and/or to acquire the acquire at least an additional 10 percent, prescreening you to ensure the security assets or the ownership of, control of, or for a total of 19.9 percent of the voting of the Board’s premises and personnel. the power to vote shares of a bank or shares of The Bank of East Asia, In order to do this, we may disclose bank holding company and all of the Limited, Hong Kong S.A.R., Peoples your information consistent with the banks and nonbanking companies Republic of China, and thereby routine uses listed in the Privacy Act owned by the bank holding company, indirectly acquire additional voting Notice for BGFRS–32, including to including the companies listed below. shares of The Industrial and appropriate federal, state, local, or The applications listed below, as well Commercial Bank Of China (USA), N.A., foreign agencies where disclosure is as other related filings required by the New York, New York. reasonably necessary to determine Board, are available for immediate Comments on this application must whether you pose a security risk or inspection at the Federal Reserve Bank be received by November 6, 2014. where the security or confidentiality of indicated. The applications will also be Board of Governors of the Federal Reserve your information has been available for inspection at the offices of System, October 14, 2014. compromised. We are authorized to the Board of Governors. Interested Michael J. Lewandowski, collect your information by 12 U.S.C. persons may express their views in Associate Secretary of the Board. 243 and 248, and Executive Order 9397. writing on the standards enumerated in [FR Doc. 2014–24713 Filed 10–16–14; 8:45 am] In accordance with Executive Order the BHC Act (12 U.S.C. 1842(c)). If the BILLING CODE 6210–01–P 9397, we collect your SSN so that we proposal also involves the acquisition of can keep accurate records, because other a nonbanking company, the review also people may have the same name and includes whether the acquisition of the FEDERAL RESERVE SYSTEM birth date. In addition, we use your SSN nonbanking company complies with the when we make requests for information standards in section 4 of the BHC Act Sunshine Act Meeting about you from law enforcement and (12 U.S.C. 1843). Unless otherwise other regulatory agency databases. noted, nonbanking activities will be AGENCY HOLDING THE MEETING: Board of Furnishing the information requested is conducted throughout the United States. Governors of the Federal Reserve voluntary; however, your failure to Unless otherwise noted, comments System. provide any of the information regarding each of these applications TIME AND DATE: 3:30 p.m. on requested may result in disapproval of must be received at the Reserve Bank Wednesday, October 22, 2014. your request for access to the Board’s

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premises. You may be subject to a fine DEPARTMENT OF HEALTH AND the due date will be considered late and or imprisonment under 18 U.S.C. 1001 HUMAN SERVICES will not be included on the agenda. (See for any false statements you make in below for submission instructions for your request to enter the Board’s Centers for Medicare & Medicaid electronic submissions.) premises. Services Meeting Registration Timeframe: [CMS–1630–N] Monday, January 19, 2015 through Matters To Be Considered Friday, February 20, 2015 at 5 p.m. ET. Participants planning to attend this Discussion Agenda: Medicare Program; The Advisory Panel on Hospital Outpatient Payment (HOP meeting in person must register online, 1. Final Credit Risk Retention Rule Panel) Spring Meeting, March 9–10, during the above specified timeframe at: under Section 941 of the Dodd-Frank 2015 https://www.cms.gov/apps/events/ Wall Street Reform and Consumer default.asp. On this Web page, double Protection Act. AGENCY: Centers for Medicare & click the ‘‘Upcoming Events’’ hyperlink, Medicaid Services (CMS), Department Notes: 1. The staff memo to the Board and then double click the ‘‘HOP Panel’’ of Health and Human Services (HHS). will be made available to the public on event title link and enter the required ACTION: the day of the meeting in paper and the Notice. information. Include any requests for special accommodations. background material will be made SUMMARY: This notice announces the available on a compact disc (CD). If you spring meeting of the Advisory Panel on Note: Participants who do not plan to require a paper copy of the entire Hospital Outpatient Payment (the Panel) attend this meeting in person should not document, please call Penelope Beattie register. No registration is required for for 2015. The purpose of the Panel is to participants who plan to view the meeting on 202–452–3982. The documentation advise the Secretary of the Department via webcast. will not be available until about 20 of Health and Human Services (DHHS) minutes before the start of the meeting. (the Secretary) and the Administrator of In commenting, please refer to file the Centers for Medicare & Medicaid code CMS–1630–N. Because of staff and 2. This meeting will be recorded for resource limitations, we cannot accept the benefit of those unable to attend. Services (CMS) (the Administrator) on the clinical integrity of the Ambulatory comments and presentations by The Web cast recording and a transcript facsimile (FAX) transmission or hard of the meeting will be available after the Payment Classification (APC) groups and their associated weights, and copy. meeting on the Board’s public Web site hospital outpatient therapeutic services http://www.federalreserve.gov/about Meeting Location, Webcast, and supervision issues. thefed/boardmeetings/ or if you prefer, Teleconference a CD recording of the meeting will be DATES: Meeting Dates: The first semi- The meeting will be held in the available for listening in the Board’s annual meeting in 2015 is scheduled for Auditorium, CMS Central Office, 7500 the following dates and times. The times Freedom of Information Office, and Security Boulevard, Woodlawn, listed in this notice are Eastern Time copies can be ordered for $4 per disc by Maryland 21244–1850. Alternately, the (ET) and are approximate times; calling 202–452–3684 or by writing to: public may either view this meeting via consequently, the meetings may be a webcast or listen by teleconference. Freedom of Information Office, shorter than or last longer than the times During the scheduled meeting, Board of Governors of the Federal listed in this notice, but will not begin webcasting is accessible online at: before the posted times: Reserve System, http://cms.gov/live. Teleconference dial- • Monday, March 9, 2015, 9 a.m. to 5 Washington, DC 20551. in information will appear on the final p.m. ET meeting agenda, which will be posted For more information please contact: • Tuesday, March 10, 2014, 9 a.m. to 5 on the CMS Web site when available at: Michelle Smith, Director, Office of p.m. ET http://cms.gov/Regulations-and- Board Members at 202–452–2955. Meeting Information Updates Guidance/Guidance/FACA/Advisory SUPPLEMENTARY INFORMATION: You may PanelonAmbulatoryPayment The actual meeting hours and days ClassificationGroups.html access the Board’s public Web site at will be posted in the agenda. As FOR FURTHER INFORMATION CONTACT: www.federalreserve.gov for an electronic information and updates regarding the Designated Federal Official (DFO): announcement. (The Web site also onsite, webcast, and teleconference Carol Schwartz, DFO, 7500 Security includes procedural and other meeting, and agenda become available, Boulevard, Mail Stop: C4–04–25, information about the open meeting.) they will be posted to the CMS Web site Woodlawn, MD 21244–1850. at: http://cms.gov/Regulations-and- Dated: October 15, 2014. Phone: (410) 786–3985. Guidance/Guidance/FACA/Advisory Margaret M. Shanks, Email: [email protected]. PanelonAmbulatoryPayment Send email copies to the following Deputy Secretary of the Board. ClassificationGroups.html [FR Doc. 2014–24874 Filed 10–15–14; 4:15 pm] address: BILLING CODE 6210–01–P Deadlines Email: [email protected]. News Media: Representatives must Deadline for Presentations and contact our Public Affairs Office at (202) Comments 690–6145. Presentations and Comments can be Advisory Committees’ Information submitted by email only. Presentations Lines: The phone number for the CMS or comments and form CMS–20017 Federal Advisory Committee Hotline is must be in the Designated Federal (410) 786–3985. Official’s (DFO’s) email inbox ([email protected]) by 5 p.m. ET, Web Sites Friday, February 6, 2015. Presentations For additional information on the and comments that are not received by Panel and updates to the Panel’s

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activities, we refer readers to view our III. Presentations minutes total per presentation, there Web site at: http://www.cms.gov/ The presentation subject matter must will be an opportunity during the Regulations-and-Guidance/Guidance/ be within the scope of the Panel meeting for public oral comments, FACA/AdvisoryPanelonAmbulatory designated in the Charter. Any which will be limited to 1 minute for PaymentClassificationGroups.html. presentations outside of the scope of each individual and a total of 3 minutes Information about the Panel and its this Panel will be returned or requested per organization. membership in the Federal Advisory for amendment. Unrelated topics V. Meeting Attendance Committee Act (FACA) database are also include, but are not limited to, the The meeting is open to the public; located at: http://facadatabase.gov/. conversion factor, charge compression, however, attendance is limited to space revisions to the cost report, pass- SUPPLEMENTARY INFORMATION: available. Priority will be given to those through payments, correct coding, new who pre-register, and attendance may be I. Background technology applications (including limited based on the number of supporting information/documentation), The Secretary of the Department of registrants and the space available. Health and Human Services (DHHS) provider payment adjustments, Persons wishing to attend this (the Secretary) is required by section supervision of hospital outpatient meeting, which is located on Federal 1833(t)(9)(A) of the Social Security Act diagnostic services and the types of property, must register by following the (the Act) and section 222 of the Public practitioners that are permitted to instructions in the ‘‘Meeting Health Service Act (PHS Act) to consult supervise hospital outpatient services. Registration Timeframe’’ section of this with an expert outside the Advisory The Panel may not recommend that notice. A confirmation email will be Panel on Hospital Outpatient Payment services be designated as nonsurgical sent to the registrants shortly after (the Panel) regarding the clinical extended duration therapeutic services. completing the registration process. integrity of the Ambulatory Payment The Panel may use data collected or Classification (APC) groups and relative developed by entities and organizations, VI. Security, Building, and Parking payment weights. The Panel is governed other than DHHS and CMS in Guidelines by the provisions of the Federal conducting its review. We recommend The following are the security, Advisory Committee Act (Pub. L. 92– organizations submit data for CMS staff building, and parking guidelines: 463), as amended (5 U.S.C. Appendix 2), and the Panel’s review. • Persons attending the meeting, to set forth standards for the formation All presentations are limited to 5 including presenters, must be pre- and use of advisory panels. minutes, regardless of the number of registered and on the attendance list by The Charter provides that the Panel individuals or organizations represented the prescribed date. • shall meet up to 3 times annually. We by a single presentation. Presenters may Individuals who are not pre- consider the technical advice provided use their 5 minutes to represent either registered in advance may not be by the Panel as we prepare the proposed one or more agenda items. permitted to enter the building and may and final rules to update the outpatient All presentations will be shared with be unable to attend the meeting. • prospective payment system (OPPS). the public. Presentations may not Attendees must present a contain any pictures, illustrations, or government issued photo identification II. Agenda personally identifiable information. to the Federal Protective Service or In order to consider presentations The agenda for the March 9, 2015 Guard Service personnel before entering and/or comments, we will need to through March 10, 2015 meeting will the building. Without a current, valid receive the following information by provide for discussion and comment on photo identification, persons may not be email only. We cannot accept hardcopy the following topics as designated in the permitted entry to the building. submittals. • Panel’s Charter: Security measures include 1. An email copy of the presentation • inspection of vehicles, inside and out, at Addressing whether procedures sent to the DFO mailbox, APCPanel@ the entrance to the grounds. within an APC group are similar both cms.hhs.gov • All persons entering the building clinically and in terms of resource use. 2. Form CMS–20017 with complete must pass through a metal detector. • Evaluating APC group weights. contact information that includes name, • All items brought into CMS • Reviewing the packaging of OPPS address, phone number, and email including personal items, for example, services and costs, including the addresses for all presenters and a laptops and cell phones are subject to methodology and the impact on APC contact person that can answer any physical inspection. groups and payment. questions and or provide revisions that • The public may enter the building • Removing procedures from the are requested for the presentation. 30 to 45 minutes before the meeting inpatient-only list for payment under • Presenters must clearly explain the convenes each day. • the OPPS. actions that they are requesting CMS to All visitors must be escorted in • Using single and multiple take in the appropriate section of the areas other than the lower and first-floor procedure claims data for CMS’ form. A presenter’s relationship with levels in the Central Building. • The main-entrance guards will determination of APC group weights. the organization that they represent • must also be clearly listed. issue parking permits and instructions Addressing other technical issues • The form is now available through upon arrival at the building. concerning APC group structure. the CMS Forms Web site. The Uniform • Foreign nationals visiting any CMS • Recommending the appropriate Resource Locator (URL) for linking to facility require prior approval. If you are supervision level (general, direct, or this form is as follows: http://www.cms. a foreign national and wish to attend the personal) for individual hospital hhs.gov/cmsforms/downloads/ meeting onsite, in addition to registering outpatient therapeutic services. cms20017.pdf. for the meeting, you must also send a The Agenda will be posted on the separate email to APCPanel@ Centers for Medicare & Medicaid IV. Oral Comments cms.hhs.gov prior to the close of Services (CMS) Web site approximately In addition to formal oral registration to request authorization to one week before the meeting. presentations, which are limited to 5 attend as a foreign national.

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VII. Special Accommodations assist manufacturers who elect to FDA to recognize consensus standards Individuals requiring special declare conformity with consensus developed by international and national accommodations must include the standards to meet certain requirements organizations for use in satisfying request for these services during for medical devices. portions of device premarket review registration. DATES: Submit either electronic or submissions or other requirements. written comments concerning this In a notice published in the Federal VIII. Panel Recommendations and document at any time. See section VII Register of February 25, 1998 (63 FR Discussions for the effective date of the recognition 9561), FDA announced the availability The Panel’s recommendations at any of standards announced in this of a guidance entitled ‘‘Recognition and Panel meeting generally are not final document. Use of Consensus Standards.’’ The until they have been reviewed and ADDRESSES: An electronic copy of notice described how we would approved by the Panel on the last day Recognition List Number: 037 is implement our standard recognition of the meeting, before the final available on the Internet at http:// program and provided the initial list of adjournment. These recommendations www.fda.gov/MedicalDevices/ recognized standards. will be posted to our Web site after the DeviceRegulationandGuidance/ meeting. Modifications to the initial list of Standards/ucm123792.htm. See section recognized standards, as published in IX. Collection of Information VI for electronic access to the searchable the Federal Register, can be accessed at Requirements database for the current list of FDA http://www.fda.gov/MedicalDevices/ recognized consensus standards, This document does not impose DeviceRegulationandGuidance/ including Recognition List Number: 037 information collection requirements, Standards/ucm123792.htm. modifications and other standards that is, reporting, recordkeeping or related information. These notices describe the addition, third-party disclosure requirements. Submit written requests for single withdrawal, and revision of certain Consequently, there is no need for copies of the document entitled standards recognized by FDA. The review by the Office of Management and ‘‘Modifications to the List of Recognized Agency maintains HTML and PDF Budget under the authority of the Standards, Recognition List Number: versions of the list of FDA Recognized Paperwork Reduction Act of 1995. 037’’ to the Division of Industry and Consensus Standards. Both versions are Dated: October 7, 2014. Consumer Education, Center for Devices publicly accessible at the Agency’s Marilyn Tavenner, and Radiological Health, Food and Drug Internet site. See section VI of this Administrator, Centers for Medicare & Administration, 10903 New Hampshire document for electronic access Medicaid Services. Ave., Bldg. 66, Rm. 4613, Silver Spring, information. Interested persons should [FR Doc. 2014–24755 Filed 10–16–14; 8:45 am] MD 20993–0002. Send two self- review the supplementary information sheet for the standard to understand BILLING CODE 4120–01–P addressed adhesive labels to assist that office in processing your request, or fax fully the extent to which FDA your request to 301–847–8149. recognizes the standard. DEPARTMENT OF HEALTH AND Submit electronic comments on this II. Modifications to the List of HUMAN SERVICES document to http:// Recognized Standards, Recognition List www.regulations.gov. Submit written Number: 037 Food and Drug Administration comments to the Division of Dockets [Docket No. FDA–2004–N–0451] Management (HFA–305), Food and Drug FDA is announcing the addition, Administration, 5630 Fishers Lane, Rm. withdrawal, correction, and revision of Food and Drug Administration 1061, Rockville, MD 20852. Identify certain consensus standards the Agency Modernization Act of 1997: comments with the docket number will recognize for use in premarket Modifications to the List of Recognized found in brackets in the heading of this submissions and other requirements for Standards, Recognition List Number: document. devices. We will incorporate these 037 FOR FURTHER INFORMATION CONTACT: modifications in the list of FDA Recognized Consensus Standards in the AGENCY: Scott A. Colburn, Center for Devices and Food and Drug Administration, Agency’s searchable database. We will HHS. Radiological Health, Food and Drug Administration, 10903 New Hampshire use the term ‘‘Recognition List Number: ACTION: Notice. Ave., Bldg. 66, Rm. 3632, Silver Spring, 037’’ to identify these current SUMMARY: The Food and Drug MD 20993, 301–796–6287, standards@ modifications. Administration (FDA) is announcing a cdrh.fda.gov. In Table 1, we describe the following publication containing modifications SUPPLEMENTARY INFORMATION: modifications: (1) The withdrawal of the Agency is making to the list of standards and their replacement by standards FDA recognizes for use in I. Background others, if applicable, (2) the correction premarket reviews (‘‘FDA Recognized Section 204 of the Food and Drug of errors made by FDA in listing Consensus Standards’’). This Administration Modernization Act of previously recognized standards, and (3) publication, entitled ‘‘Modifications to 1997 (Pub. L. 105–115) amended section the changes to the supplementary the List of Recognized Standards, 514 of the Federal Food, Drug, and information sheets of recognized Recognition List Number: 037’’ Cosmetic Act (the FD&C Act) (21 U.S.C. standards that describe revisions to the (‘‘Recognition List Number: 037’’), will 360d). Amended section 514 allows applicability of the standards.

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TABLE 1—MODIFICATIONS TO THE LIST OF RECOGNIZED STANDARDS

Replacement 1 Old recognition No. recognition No. Title of standard Change

A. General I (ES/EMC)

5–90 ...... ISO 15223–1 Second edition 2012–07–01 Medical de- Extent of recognition. vices—Symbols to be used with medical device labels, labeling, and information to be supplied—Part 1: Gen- eral requirements. 5–91 ...... AAMI/ANSI/ISO 15223–1:2012 Medical devices—Sym- Extent of recognition. bols to be used with medical devices labels, labeling, and information to be supplied—Part 1: General requirements.

B. General II (ES/EMC)

19–1 ...... IEC 60601–1–2 Edition 3: 2007–03 Medical Electrical Extent of recognition and transi- Equipment—Part 1–2: General Requirements for Basic tion period. Safety and Essential Performance—Collateral Stand- ard: Electromagnetic Compatibility—Requirements and Tests. 19–2 ...... ANSI/AAMI/IEC 60601–1–2:2007/(R)2012 Medical Elec- Extent of recognition and transi- trical Equipment—Part 1–2: General requirements for tion period. basic safety and essential performance—Collateral Standard: Electromagnetic compatibility—requirements and tests. 19–8 ...... IEC 60601–1–2 Edition 4.0 2014–02 Medical electrical Transition period extended. equipment—Part 1–2: General requirements for basic safety and essential performance—Collateral Stand- ard: Electromagnetic disturbances—Requirements and tests.

C. In Vitro Diagnostics

7–246 ...... CLSI POCT12–A3 Point-of-Care Blood Glucose Testing Withdrawn. in Acute and Chronic Care Facilities; Approved Guide- line—Third Edition. 1 All standard titles in this table conform to the style requirements of the respective organizations.

III. Listing of New Entries consensus standards added as standards under Recognition List In Table 2 of this document, FDA modifications to the list of recognized Number: 037. provides the listing of new entries and

TABLE 2—NEW ENTRIES TO THE LIST OF RECOGNIZED STANDARDS

Recognition No. Title of standard 1 Reference No. and date

A. General II (ES/EMC)

19–12 ...... Medical electrical equipment—Part 1–2: General requirements for ANSI/AAMI/IEC 60601–1–2:2014. basic safety and essential performance—Collateral Standard: Elec- tromagnetic disturbances—Requirements and tests. 19–13 ...... Secondary cells and batteries containing alkaline or other non-acid IEC 62133 Edition 2.0 2012–12. electrolytes—Safety requirements for portable sealed secondary cells, and for batteries made from them, for use in portable applications [Including: Corrigendum 1 (2013)].

B. OB–GYN/Gastroenterology

9–95 ...... Enteral Feeding Catheters and Enteral Giving Sets for Single Use EN 1615:2000. and their Connectors—Design and Testing. 9–96 ...... Catheters Other Than Intravascular Catheters—Test Methods for EN 1618:1997. Common Properties. 1 All standard titles in this table conform to the style requirements of the respective organizations.

IV. List of Recognized Standards may be accessed directly at FDA’s will incorporate the modifications and Internet site at http:// revisions described in this notice into FDA maintains the Agency’s current www.accessdata.fda.gov/scripts/cdrh/ the database and, upon publication in list of FDA recognized consensus cfdocs/cfStandards/search.cfm. FDA the Federal Register, this recognition of standards in a searchable database that

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consensus standards will be effective. DeviceRegulationandGuidance/ Place: NIAAA, 5635 Fishers Lane; Room FDA will announce additional Standards. 2085, Rockville, MD 20852 (Telephone modifications and revisions to the list of Conference Call). VII. Submission of Comments and recognized consensus standards, as Contact Person: Ranga Srinivas, Ph.D., Effective Date needed, in the Federal Register once a Chief, Extramural Project Review Branch, National Institute on Alcohol Abuse and year, or more often if necessary. Interested persons may submit either Alcoholism, NIH, 5365 Fishers Lane; Room Beginning with Recognition List 033, electronic comments regarding this 2085, Rockville, MD 20852, (301) 451–2067, FDA no longer announces minor document to http://www.regulations.gov [email protected]. revisions to the list of recognized or written comments to the Division of consensus standards such as technical This notice is being published less than 15 Dockets Management (see ADDRESSES). It days prior to the meeting due to the timing contact person, devices affected, is only necessary to send one set of processes affected, Code of Federal limitations imposed by the review and comments. Identify comments with the funding cycle. Regulations citations, and product docket number found in brackets in the Name of Committee: National Institute on codes. heading of this document. Received Alcohol Abuse and Alcoholism Special V. Recommendation of Standards for comments may be seen in the Division Emphasis NIAAA Member Conflict Recognition by FDA of Dockets Management between 9 a.m. Applications—Epidemiology & Behavioral Any person may recommend and 4 p.m., Monday through Friday, and Sciences. consensus standards as candidates for will be posted to the docket at http:// Date: October 30, 2014. recognition under section 514 of the www.regulations.gov. FDA will consider Time: 11:00 a.m. to 1:00 p.m. FD&C Act by submitting such any comments received in determining Agenda: To review and evaluate grant recommendations, with reasons for the whether to amend the current listing of proposals. recommendation, to standards@ modifications to the list of recognized Place: NIAAA, 5635 Fishers Lane; Room cdrh.fda.gov. To be properly considered, standards, Recognition List Number: 2085, Rockville, MD 20852 (Telephone such recommendations should contain, 037. These modifications to the list of Conference Call). at a minimum, the following recognized standards are effective upon Contact Person: Ranga Srinivas, Ph.D., information: (1) Title of the standard, (2) publication of this notice in the Federal Chief, Extramural Project Review Branch, any reference number and date, (3) Register. National Institute on Alcohol Abuse and name and address of the national or Dated: October 10, 2014. Alcoholism, NIH, 5365 Fishers Lane; Room 2085, Rockville, MD 20852, (301) 451–2067, international standards development Leslie Kux, [email protected] organization, (4) a proposed list of Assistant Commissioner for Policy. This notice is being published less than 15 devices for which a declaration of [FR Doc. 2014–24714 Filed 10–16–14; 8:45 am] conformity to this standard should days prior to the meeting due to the timing BILLING CODE 4164–01–P routinely apply, and (5) a brief limitations imposed by the review and identification of the testing or funding cycle. Name of Committee: National Institute on performance or other characteristics of DEPARTMENT OF HEALTH AND Alcohol Abuse and Alcoholism Special the device(s) that would be addressed HUMAN SERVICES by a declaration of conformity. Emphasis NIAAA Member Conflict National Institutes of Health Applications—Treatment and Health VI. Electronic Access Services. You may obtain a copy of ‘‘Guidance National Institute on Alcohol Abuse Date: November 5, 2014. on the Recognition and Use of and Alcoholism; Notice of Closed Time: 11:00 a.m. to 1:00 p.m. Consensus Standards’’ by using the Meetings Agenda: To review and evaluate grant Internet. The Center for Devices and proposals. Radiological Health (CDRH) maintains a Pursuant to section 10(d) of the Place: NIAAA, 5635 Fishers Lane; Room site on the Internet for easy access to Federal Advisory Committee Act, as 2085, Rockville, MD 20852 (Telephone Conference Call). information including text, graphics, amended (5 U.S.C. App.), notice is Contact Person: Ranga Srinivas, Ph.D., and files that you may download to a hereby given of the following meetings. Chief, Extramural Project Review Branch, personal computer with access to the The meetings will be closed to the National Institute on Alcohol Abuse and Internet. Updated on a regular basis, the public in accordance with the Alcoholism, NIH, 5365 Fishers Lane; Room CDRH home page, http://www.fda.gov/ provisions set forth in sections 2085, Rockville, MD 20852, (301) 451–2067, MedicalDevices, includes a link to 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [email protected]. standards-related documents including as amended. The grant applications and (Catalogue of Federal Domestic Assistance the guidance and the current list of the discussions could disclose Program Nos. 93.271, Alcohol Research recognized standards. After publication confidential trade secrets or commercial Career Development Awards for Scientists in the Federal Register, this notice property such as patentable material, and Clinicians; 93.272, Alcohol National announcing ‘‘Modification to the List of and personal information concerning Research Service Awards for Research Recognized Standards, Recognition List individuals associated with the grant Training; 92.273, Alcohol Research Programs; Number: 037’’ will be available at applications, the disclosure of which 93.891, Alcohol Research Center Grants; http: would constitute a clearly unwarranted 93.701, ARRA Related Biomedical Research //www.fda.gov/MedicalDevices/ invasion of personal privacy. and Research Supports Awards, National DeviceRegulationandGuidance/ Institutes of Health, HHS) Standards/ucm123792.htm. Name of Committee: National Institute on Dated: October 14, 2014. You may access ‘‘Guidance on the Alcohol Abuse and Alcoholism Special Emphasis NIAAA Member Conflict Melanie J. Gray, Recognition and Use of Consensus Applications—Biomedical Sciences. Program Analyst, Office of Federal Advisory Standards,’’ and the searchable database Date: October 28, 2014. Committee Policy. for ‘‘FDA Recognized Consensus Time: 11:00 a.m. to 1:00 p.m. Standards’’ at http://www.fda.gov/ Agenda: To review and evaluate grant [FR Doc. 2014–24790 Filed 10–16–14; 8:45 am] MedicalDevices/ proposals. BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Contact Person: Rebecca Steiner Garcia, individuals and employers have HUMAN SERVICES Ph.D., Scientific Review Officer, Division of problems in dealing with USCIS; and (3) Extramural Activities, National Institute of to the extent possible, propose changes National Institutes of Health Mental Health, NIH, Neuroscience Center, in the administrative practices of USCIS 6001 Executive Blvd., Room 6149, MSC 9608, to mitigate problems. This form is used National Institute of Mental Health; Bethesda, MD 20892–9608, 301–443–4525, [email protected]. by an applicant who is experiencing Notice of Closed Meetings problems with USCIS during the (Catalogue of Federal Domestic Assistance Pursuant to section 10(d) of the Program No. 93.242, Mental Health Research processing of an immigration benefit. Federal Advisory Committee Act, as Grants, National Institutes of Health, HHS) The information collected on this amended (5 U.S.C. App.), notice is form will allow the CIS Ombudsman to Dated: October 14, 2014. identify the problem such as: (1) A case hereby given of the following meetings. Carolyn A. Baum, The meetings will be closed to the problem which is a request for Program Analyst, Office of Federal Advisory information about a case that was filed public in accordance with the Committee Policy. provisions set forth in sections with USCIS (‘‘case problem’’); or (2) the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 2014–24791 Filed 10–16–14; 8:45 am] identification of a systemic issue that as amended. The grant applications and BILLING CODE 4140–01–P may or may not pertain to an individual the discussions could disclose case which the individual, attorney or confidential trade secrets or commercial employer is seeking to bring to the attention of the CIS Ombudsman property such as patentable material, DEPARTMENT OF HOMELAND (‘‘trend’’). and personal information concerning SECURITY For case problems, the CIS individuals associated with the grant [Docket No. DHS–2014–0060 ] Ombudsman will refer case specific applications, the disclosure of which issues to the Customer Assistance Office Agency Information Collection would constitute a clearly unwarranted for USCIS for further research, and Activities: Case Assistance Form invasion of personal privacy. review. (Ombudsman Form DHS–7001 and Name of Committee: National Institute of For trends received, the CIS Mental Health Special Emphasis Panel; Instructions) Ombudsman notes the systemic issue Effectiveness of Treatment, Prevention, and AGENCY: Office of the Citizenship and identified in the correspondence which Services Interventions (R01/R01 Immigration Services Ombudsman, may or may not be incorporated into Collaboratives). future recommendations submitted to Date: November 7, 2014. DHS. the Director of USCIS pursuant to Time: 9:00 a.m. to 5:00 p.m. ACTION: 60-Day Notice and request for Agenda: To review and evaluate grant comments; Extension without change of section 452(d)(4) of Public Law 107– applications. a currently approved collection, 1601– 296. The use of this form provides the Place: Hyatt Regency Bethesda, One 0004. Bethesda Metro Center, 7400 Wisconsin most efficient means for collecting and Avenue, Bethesda, MD 20814. SUMMARY: The Department of Homeland processing the required data. The CIS Contact Person: Karen Gavin-Evans, Ph.D., Security, Office of Inspector General, Ombudsman is now employing the use Scientific Review Officer, Division of Office of Audits, will submit the of information technology in collecting Extramural Activities, National Institute of and processing information by offering Mental Health, NIH, Neuroscience Center, following Information Collection Request (ICR) to the Office of the option for electronic submission of 6001 Executive Boulevard, Room 6153, MSC the DHS Form 7001 through the 9606, Bethesda, MD 20892, 301–451–2356, Management and Budget (OMB) for [email protected]. review and clearance in accordance Ombudsman Case Assistance Online System. Per PRA requirements, a fillable Name of Committee: National Institute of with the Paperwork Reduction Act of Mental Health Special Emphasis Panel; 1995 (Pub. L. 104–13, 44 U.S.C. Chapter PDF version of the form is provided on Fellowships and Dissertation Grants. 35). the Ombudsman’s Web site. The PDF form can be completed online, printed Date: November 10, 2014. DATES: Comments are encouraged and out and sent to the Ombudsman’s office Time: 11:30 a.m. to 5:00 p.m. will be accepted until December 16, Agenda: To review and evaluate grant at the address indicated on the form. It 2014. This process is conducted in applications. is noted on the form that using the accordance with 5 CFR 1320.1 Place: National Institutes of Health, paper method can result in significant Neuroscience Center, 6001 Executive ADDRESSES: You may submit comments, processing delays for the Ombudsman’s Boulevard, Rockville, MD 20852, (Telephone identified by docket number DHS– office to provide the requested case Conference Call). 2014–0060, by one of the following Contact Person: Marcy Ellen Burstein, assistance. After approval of the changes methods: to form detailed in this supporting Ph.D., Scientific Review Officer, Division of • Federal eRulemaking Portal: http:// Extramural Activities, National Institute of statement, the online form will be Mental Health, NIH, Neuroscience Center, www.regulations.gov. Please follow the updated and posted on the 6001 Executive Blvd., Room 6143, MSC 9606, instructions for submitting comments. Ombudsman’s Web site at http:// • Bethesda, MD 20892–9606, 301–443–9699, Email: [email protected]. Please www.dhs.gov/case-assistance for [email protected]. include docket number DHS–2014–0060 electronic online submission of the Name of Committee: National Institute of in the subject line of the message . form. Mental Health Special Emphasis Panel; NIH SUPPLEMENTARY INFORMATION: The The assurance of confidentiality Pathway to Independence Awards (K99). Citizenship and Immigration Services provided to the respondents for this Date: November 10, 2014. (CIS) Ombudsman was created under information collection is provided by: Time: 12:00 p.m. to 4:00 p.m. section 452 of the Homeland Security (a) The CIS Ombudsman statute and Agenda: To review and evaluate grant applications. Act of 2002 (Public Law 107–296) to: (1) mandate as established by Homeland Place: National Institutes of Health, Assist individuals and employers in Security Act Section 452; (b) the Privacy Neuroscience Center, 6001 Executive resolving problems with the U.S. Impact Assessment for the Office of the Boulevard, Rockville, MD 20852, (Telephone Citizenship and Immigration Services Citizenship & Immigration Services Conference Call). (USCIS); (2) to identify areas in which Ombudsman (CISOMB) Virtual

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Ombudsman System (March 19, 2010) previously reported for this information representative of an organization, an and the (c) Systems of Records Notice: collection. The increase in burden hours accredited representative, or anyone 9110–9B Department of Homeland is a reflection of agency estimates. There else preparing this form on behalf of the Security, Office of the Secretary [Docket is no change in the information being individual or employer encountering No. DHS–2009–0146] Privacy Act of collected, however there have been difficulties with USCIS. 1974; Department of Homeland Security cosmetic changes to the form including The AMENDED 7001 has the sections Citizenship and Immigration Services punctuation, formatting, sequencing of arranged in the following order: Ombudsman—001 Online Ombudsman information, and text changes to make 1. Name: Please identify the name of Form DHS–7001 System of Records. The the form more understandable and the individual or employer (applicant/ DHS Privacy Office will receive the streamlined for use by respondents. The beneficiary/petitioner) encountering or entire package of documents for this number of response fields has been difficulties with USCIS. Do not enter the information collection to assure reduced from 13 to 12 and arranged in attorney/law firm’s name here. authorization for renewal of the a way that streamlines completion, 2. Date of Birth: Country of Birth: collection. submission and processing of the form. Country of Citizenship: The CISOMB Form DHS–7001 and the The title of the form has changed from 3. Alien Registration Number (A- Online Ombudsman Form DHS–7001 ‘‘Case Problem Submission Worksheet Number); The A-number appears in the system is constructed in compliance (CIS Ombudsman Form DHS–7001)’’ to following format: A123–456–789. with all applicable DHS Privacy Office, ‘‘Case Assistance Form (Ombudsman 4. Contact Information: Please provide DHS CIO, DHS Records Management, Form DHS–7001)’’. The name of the the contact information of the and OMB regulations regarding data system has changed from ‘‘Virtual individual or employer (applicant/ collection, use, storage, and retrieval. Ombudsman System’’ to ‘‘Ombudsman beneficiary/petitioner) encountering The proposed public use data collection Case Assistance Online’’. The following difficulties with USCIS. Please include system is therefore intended to be narrative explains the changes made on the primary E-Mail address for the distributed for public use primarily by the form and the corresponding Ombudsman to provide updates. electronic means with limited paper instructions: 5. Applications/Petitions Filed: List distribution and processing of paper The ORIGINAL 7001 form had the all applications and/or petitions forms. sections arranged in the following order: pending with USCIS related to your case The CISOMB Form DHS–7001 (PDF) 1—Name: Please identify the inquiry. and the Online Ombudsman Form individual or employer encountering 6. Type of Immigration Benefit DHS–7001 (Ombudsman Case difficulties with USCIS (applicant/ Sought: Please provide the type of Assistance Online System) has been beneficiary/petitioner). immigration benefit sought from USCIS. constructed in compliance with 2—Contact Information: Please 7. Reason for Inquiry/Case Assistance regulations and authorities under the provide information on the individual Request: Check all that apply. Provide a purview of the DHS Privacy Office, DHS or employer encountering difficulties description in section 8 and add CIO, DHS Records Management, and with USCIS (applicant/beneficiary/ documentation related to your inquiry. OMB regulations regarding data petitioner). 8. Description of your Case Problem: collection, use, sharing, storage, 3—Date of Birth. Describe the difficulties experienced information security and retrieval of 4—Country of Birth and Citizenship. with USCIS including all responses information. 5—Alien Registration Number (A- USCIS provided. Attach relevant In accordance with the Privacy Act of Number); The A-number appears in the correspondence concerning actions 1974, the Department of Homeland following format: A123–456–789. taken to resolve the issue before Security is giving notice that it proposes 6—Person Preparing This Form: submitting with the Ombudsman’s to renew the Department of Homeland Please indicate who is completing this Office including: Receipt notices; Security system of records notice titled, form. requests for evidence; decisions; notices ‘‘Department of Homeland Security 7—Applications/Petitions Filed: List and any other correspondence from Citizenship and Immigration Services all applications and/or petitions USCIS about your case. Attach Ombudsman—001 Online Ombudsman pending with USCIS related to your case additional pages if needed. Form DHS–7001 and Ombudsman Case inquiry. 9. Prior Actions Taken to Remedy the Assistance Online System of Records.’’ 8—Type of Immigration Benefit: Problem: Check all that apply and This system of records will continue to Please provide the type of immigration provide the additional information ensure the efficient and secure benefit sought from USCIS. requested for each selection in the space processing of information to aid the 9—Reason for Inquiry: Please indicate provided. Note that if selecting Option Citizenship and Immigration Services if any of the options apply. Provide a a ‘‘Visited USCIS My Case Status at Ombudsman in providing assistance to description in section 10; www.uscis.gov’’, you must indicate what individuals, employers, and their 10—Description: Describe the additional actions (b through g) were representatives in resolving problems difficulties experienced with USCIS. taken to remedy the problem before with U.S. Citizenship and Immigration Attach additional pages if needed. submitting the form to the Ombudsman. Services; identify areas in which 11—Prior Actions Taken: Check all a. Visited USCIS My Case Status at individuals, employers, and their that apply: Please describe the response www.uscis.gov and representatives have problems working USCIS provided and attach any relevant b. Contacted the National Customer with U.S. Citizenship and Immigration correspondence. Service Center (NCSC) for information Services; and to the extent possible, 12—Consent: If you are the and/or assistance regarding this case at propose changes to mitigate problems beneficiary of an immigration petition, their toll-free number 1–800–375–5283. pursuant to 6 U.S.C. 272. This system consent of the individual who Provide SRMT Number: will continue to be included in the submitted the petition on your behalf is c. Attended an InfoPass Appointment Department of Homeland Security’s required. The petitioner must sign. with USCIS. Provide InfoPass Number: inventory of record systems. 13—Attorney or Accredited d. Sent an Email to USCIS. Provide There has been an increase of 6,200 in Representative: Please complete this date Email sent: Provide USCIS Email the estimated annual burden hours section if you are an attorney, a address:

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e. Contacted a U.S. Government 3. Enhance the quality, utility, and this Notice to identify Federal buildings Department or Agency for assistance. clarity of the information to be and other real property that HUD has Provide name and contact information: collected; and reviewed for suitability for use to assist f. Contacted a U.S. Congressional 4. Minimize the burden of the the homeless. The properties were Representative for assistance. Provide collection of information on those who reviewed using information provided to name and contact information: are to respond, including through the HUD by Federal landholding agencies g. Other. Please describe. use of appropriate automated, regarding unutilized and underutilized 10. Person Preparing This Form: electronic, mechanical, or other buildings and real property controlled Please indicate who is completing this technological collection techniques or by such agencies or by GSA regarding form. other forms of information technology, its inventory of excess or surplus 11. Attorney or Accredited e.g., permitting electronic submissions Federal property. This Notice is also Representative: Please complete this of responses. published in order to comply with the section if you are an attorney, a December 12, 1988 Court Order in representative of an organization, an Analysis National Coalition for the Homeless v. accredited representative, or anyone Agency: Office of the Citizenship and Veterans Administration, No. 88–2503– else preparing this form on behalf of the Immigration Services Ombudsman, OG (D.D.C.). individual or employer encountering DHS. Properties reviewed are listed in this difficulties with USCIS. Please attach Title: Case Assistance Form Notice according to the following copy of your Form G–28. (Ombudsman Form DHS–7001 and categories: Suitable/available, suitable/ 12. Consent: Please note that if you Instructions). unavailable, and suitable/to be excess, are the beneficiary of an immigration OMB Number: 1601–0004. and unsuitable. The properties listed in petition, consent of the individual or Frequency: Annually. the three suitable categories have been employer that submitted the petition on Affected Public: Individuals or reviewed by the landholding agencies, your behalf is required. The petitioner household. and each agency has transmitted to must sign. Number of Respondents: 8,800. HUD: (1) Its intention to make the The instructions have been updated to Estimated Time Per Respondent: 1 property available for use to assist the reflect the electronic submission options hour. homeless, (2) its intention to declare the as detailed in the previous paragraphs. Total Burden Hours: 8,800. property excess to the agency’s needs, or Instructions for electronic submission Dated: October 6, 2014. (3) a statement of the reasons that the will be posted on the CIS Ombudsman Carlene C. Ileto, property cannot be declared excess or Web site at www.dhs.gov/ made available for use as facilities to cisombudsman. The electronic version Executive Director, Enterprise Business Management Office. assist the homeless. of the form will be developed by DHS Properties listed as suitable/available OCIO (Office of the Chief Information [FR Doc. 2014–24770 Filed 10–16–14; 8:45 am] will be available exclusively for Officer) based upon the approved BILLING CODE 9110–9B–P homeless use for a period of 60 days version of the amended 7001 as from the date of this Notice. Where described herein. property is described as for ‘‘off-site use There is no change in the terms of DEPARTMENT OF HOUSING AND only’’ recipients of the property will be clearance from the previously approved URBAN DEVELOPMENT required to relocate the building to their collection have been addressed by [Docket No. FR–5750–N–42] own site at their own expense. updates to the: (a) Privacy Impact Homeless assistance providers Assessment for the Office of the Federal Property Suitable as Facilities interested in any such property should Citizenship & Immigration Services to Assist the Homeless send a written expression of interest to Ombudsman (CISOMB) Virtual HHS, addressed to Theresa Ritta, Ms. Ombudsman System (March 19, 2010); AGENCY: Office of the Assistant Theresa M. Ritta, Chief Real Property and the (b) Systems of Records Notice: Secretary for Community Planning and Branch, the Department of Health and 9110–9B Department of Homeland Development, HUD. Human Services, Room 5B–17, Security, Office of the Secretary [Docket ACTION: Notice. Parklawn Building, 5600 Fishers Lane, No. DHS–2009–0146] Privacy Act of Rockville, MD 20857, (301) 443–6672 SUMMARY: This Notice identifies 1974; Department of Homeland Security (This is not a toll-free number.) HHS unutilized, underutilized, excess, and Citizenship and Immigration Services will mail to the interested provider an surplus Federal property reviewed by Ombudsman—001 Virtual Ombudsman application packet, which will include HUD for suitability for use to assist the System (March 2010) to reflect the name instructions for completing the homeless. change to Online Ombudsman Form application. In order to maximize the DHS–7001 System of Records. FOR FURTHER INFORMATION CONTACT: opportunity to utilize a suitable The Office of Management and Budget Juanita Perry, Department of Housing property, providers should submit their is particularly interested in comments and Urban Development, 451 Seventh written expressions of interest as soon which: Street SW., Room 7266, Washington, DC as possible. For complete details 1. Evaluate whether the proposed 20410; telephone (202) 402–3970; TTY concerning the processing of collection of information is necessary number for the hearing- and speech- applications, the reader is encouraged to for the proper performance of the impaired (202) 708–2565 (these refer to the interim rule governing this functions of the agency, including telephone numbers are not toll-free), or program, 24 CFR part 581. whether the information will have call the toll-free Title V information line For properties listed as suitable/to be practical utility; at 800–927–7588. excess, that property may, if 2. Evaluate the accuracy of the SUPPLEMENTARY INFORMATION: In subsequently accepted as excess by agency’s estimate of the burden of the accordance with 24 CFR part 581 and GSA, be made available for use by the proposed collection of information, section 501 of the Stewart B. McKinney homeless in accordance with applicable including the validity of the Homeless Assistance Act (42 U.S.C. law, subject to screening for other methodology and assumptions used; 11411), as amended, HUD is publishing Federal use. At the appropriate time,

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HUD will publish the property in a Status: Excess If you wish to comment, you may Notice showing it as either suitable/ Comments: property located in Military submit comments by any one of the available or suitable/unavailable. runway clear zone; public access denied & no following methods. You may mail For properties listed as suitable/ alternative method to gain access w/out compromising national security. comments to the Fish and Wildlife unavailable, the landholding agency has Reasons: Within airport runway clear zone; Service’s Regional Office (see decided that the property cannot be Secured Area ADDRESSES section) or send them via declared excess or made available for [FR Doc. 2014–24687 Filed 10–16–14; 8:45 am] electronic mail (email) to: use to assist the homeless, and the BILLING CODE 4210–67–P [email protected]. Please include property will not be available. your name and return address in your Properties listed as unsuitable will email message. If you do not receive a not be made available for any other DEPARTMENT OF THE INTERIOR confirmation from the Fish and Wildlife purpose for 20 days from the date of this Service that we have received your Notice. Homeless assistance providers Fish and Wildlife Service email message, contact us directly at the interested in a review by HUD of the telephone number listed above (see FOR determination of unsuitability should [FWS–R4–ES–2014–N214; 40120–1112– call the toll free information line at 1– 0000–F2] FURTHER INFORMATION CONTACT). Finally, 800–927–7588 for detailed instructions you may hand-deliver comments to the Receipt of Applications for Fish and Wildlife Service office listed or write a letter to Ann Marie Oliva at Endangered Species Permits the address listed at the beginning of above (see ADDRESSES). this Notice. Included in the request for AGENCY: Fish and Wildlife Service, Before including your address, review should be the property address Interior. telephone number, email address, or (including zip code), the date of ACTION: Notice. other personal identifying information publication in the Federal Register, the in your comments, you should be aware landholding agency, and the property SUMMARY: We, the U.S. Fish and that your entire comment—including number. Wildlife Service, invite the public to your personal identifying information— For more information regarding comment on the following applications may be made publicly available at any particular properties identified in this to conduct certain activities with time. While you can ask us in your Notice (i.e., acreage, floor plan, existing endangered species. With some comments to withhold your personal sanitary facilities, exact street address), exceptions, the Endangered Species Act identifying information from public providers should contact the (ESA) prohibits activities with listed review, we cannot guarantee that we appropriate landholding agencies at the species unless a Federal permit is issued will be able to do so. following addresses: Navy: Mr. Steve that allows such activities. The ESA Matteo, Department of the Navy, Asset requires that we invite public comment Permit Applications Management Division, Naval Facilities before issuing these permits. Permit Application Number: TE Engineering Command, Washington DATES: We must receive written data or 083085–2 Navy Yard, 1330 Patterson Ave. SW., comments on the applications at the Suite 1000, Washington, DC 20374; address given below by November 17, Applicant: Eric Menges, Venus, Florida (202) 685–9426 (This is not a toll free 2014. number). The applicant requests authorization ADDRESSES: Documents and other Dated: October 2, 2014. to take (remove or reduce to possession information submitted with the parts) of the pygmy fringe tree Brian P. Fitzmaurice, applications are available for review, (Chionanthus pygmaeus), scrub Director, Division of Community Assistance, subject to the requirements of the buckwheat (Eriogonum longifolium var. Office of Special Needs Assistance Programs. Privacy Act and Freedom of Information gnaphalifolium), Britton’s beargrass Act, by any party who submits a written TITLE V, FEDERAL SURPLUS PROPERTY (Nolina brittoniana), Lewton’s milkwort PROGRAM FEDERAL REGISTER REPORT request for a copy of such documents to FOR 10/17/2014 the following office within 30 days of (Polygala lewtonii), scrub plum (Prunus geniculata), and Florida ziziphus Unsuitable Properties the date of publication of this notice: U.S. Fish and Wildlife Service, 1875 (Ziziphus celata), for the purpose of Building Century Boulevard, Suite 200, Atlanta, conducting research and recovery California GA 30345 (Attn: David Dell, Permit activities on federally managed lands in Building 21134, Coordinator). Highlands County, Florida. Storage Warehouse FOR FURTHER INFORMATION CONTACT: Permit Application Number: TE Marine Corps Air Station Miramar Angela Romito, 10(a)(1)(A) Permit 102418–2 San Diego CA Coordinator, telephone 404–679–7101; Landholding Agency: Navy Applicant: Paul Catlett, Starke, Florida Property Number: 77201440006 facsimile 404–678–7081. Status: Excess SUPPLEMENTARY INFORMATION: The The applicant requests authorization Comments: property located in Military public is invited to comment on the to renew his permit to take (monitor runway clear zone; public access denied & following applications for permits to nests, capture, band, release, collect no alternative method to gain access w/out conduct certain activities with nonviable eggs, and install artificial compromising national security. endangered and threatened species Reasons: Within airport runway clear zone; cavities) red-cockaded woodpeckers Secured Area under section 10(a)(1)(A) of the (Picoides borealis) while conducting Endangered Species Act of 1973, as Building 21131, presence/absence surveys and amended (16 U.S.C. 1531 et seq.), and Storage Warehouse population management activities at our regulations in the Code of Federal Marine Corps Air Station Miramar Camp Blanding Joint Training Center in Regulations (CFR) at 50 CFR 17. This San Diego CA Starke, Florida. Landholding Agency: Navy notice is provided under section 10(c) of Property Number: 77201440007 the Act.

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Permit Application Number: TE and collection throughout the species’ conducting presence/absence surveys in 142294–3 range in Arkansas and Oklahoma. Kentucky and Tennessee. Applicant: William Holimon, Little Permit Application Number: TE Permit Application Number: TE Rock, Arkansas 178643–2 43704A–1 The applicant requests authorization Applicant: Jeffery West, Columbia, Applicant: David Saugey, Jessieville, to renew his permit to take (harass) South Carolina Arkansas red-cockaded woodpeckers (Picoides The applicant requests authorization borealis) for the purposes of The applicant requests authorization to renew his permit to take (acoustical constructing and monitoring artificial to renew his permit to take (capture and monitoring, enter hibernacula or nest cavities and restrictors; for temporarily hold for identification) the maternity roost caves, salvage dead bats, capturing, banding, and translocating Carolina heelsplitter (Lasmigona capture with mist nets or harp traps, birds; and for monitoring populations decorata) while conducting presence/ handle, identify, collect hair samples, and nest cavities in Ashley, Monroe, absence surveys in North Carolina and band, transmitter, light-tag, wing-punch) Bradley, and Drew Counties, Arkansas. South Carolina. Indiana bats (Myotis sodalis), gray bats Permit Application Number: TE–1 Permit Application Number: TE (Myotis grisescens), Virginia big-eared 25612A–1 bats (Corynorhinus townsendii Applicant: Carl Dick, Bowling Green, virginianus), and Ozark big-eared bats Kentucky Applicant: Stephen Samoray, Nashville, Tennessee (Corynorhinus townsendii ingens), The applicant requests authorization while conducting presence/absence to renew his permit to take (acoustical The applicant requests authorization surveys, studies to document habitat monitoring, enter hibernacula or to renew his permit to take (acoustical use, and population monitoring maternity roost caves, salvage dead bats, monitoring, enter hibernacula or throughout the respective species’ capture with mist nets or harp traps, maternity roost caves, salvage dead bats, ranges. handle, identify, collect hair samples, capture with mist nets or harp traps, Permit Application Number: TE band, transmitter, light-tag, and wing- handle, identify, collect hair samples, 065756–3 punch) Indiana bats (Myotis sodalis), band, transmitter, light-tag, wing-punch) gray bats (Myotis grisescens), Virginia Indiana bats (Myotis sodalis), gray bats Applicant: John Alderman, Pittsboro, big-eared bats (Corynorhinus townsendii (Myotis grisescens), Virginia big-eared North Carolina virginianus), Ozark big-eared bats bats (Corynorhinus townsendii The applicant requests authorization (Corynorhinus townsendii ingens), virginianus), and Ozark big-eared bats to renew his permit to take (capture, Hawaiian hoary bats (Lasiurus cinereus (Corynorhinus townsendii ingens), identify, and release) the following semotus), lesser long-nosed bats while conducting presence/absence plant species: Southern acornshell (Leptonycteriscurasoae yerbabuenae), surveys, studies to document habitat (Epioblasma othcaloogensis), purple and Mexican long-nosed bats use, and population monitoring bankclimber (Elliptoideus sloatianus), (Leptonycteris nivalis) while conducting throughout the species’ respective Cumberland bean (Villosa trabalis), presence/absence surveys, studies to ranges. purple bean (Villosa perpurpurea), document habitat use, and population green blossom (Epioblasma torulosa monitoring throughout the species’ Permit Application Number: TE gubernaculum), tubercled blossom respective ranges. 28597A–1 (Epioblasma torulosa torulosa), turgid Permit Application Number: TE Applicant: Joseph Alderman, blossom (Epioblasma turgidula), yellow 38397A–1 Hillsborough, North Carolina blossom (Epioblasma florentina florentina), white catspaw (Epioblasma Applicant: Dr. Kathryn Craven, The applicant requests authorization obliquata perobliqua), clubshell Savannah, Georgia to renew his permit to take (harass, (Pleurobema clava), black clubshell capture, handle, and release) the The applicant requests authorization (Pleurobema curtum), ovate clubshell following species: Carolina heelsplitter to renew her permit to take (harass, (Pleurobema perovatum), Southern (Lasmigona decorata), Appalachian excavate hatched nests, collect hatched clubshell (Pleurobema decisum), elktoe (Alasmidonta raveneliana), tar eggs, dead embryos and hatchlings) Cumberlandian combshell (Epioblasma river spinymussel (Elliptio loggerhead sea turtles (Caretta caretta), brevidens), Southern combshell steinstansana), dwarf wedgemussel green sea turtles (Chelonia mydas), (Epioblasma penita), upland combshell (Alasmidonta heterodon), James Kemp’s Ridley sea turtles (Lepidochelys (Epioblasma metastriata), Appalachian spinymussel (Pleurobema collina), little kempii), leatherback sea turtles elktoe (Alasmidonta raveneliana), wing pearlymussel (Pegias fabula), and (Dermochelys coriacea), and hawksbill Cumberland elktoe (Alasmidonta Cape Fear shiner (Notropis sea turtles (Eretmochelys imbricata) atropurpurea), fanshell (Cyprogenia mekistocholas), for the purpose of while monitoring nest success and stegaria), Arkansas fatmucket (Lampsilis conducting presence/absence surveys in conducting scientific research in powellii), Alabama Heelsplitter North Carolina, South Carolina, and Georgia. (Potamilus inflatus), Carolina Virginia. Permit Application Number: TE Heelsplitter (Lasmigona decorate), 206784–2 Permit Application Number: TE Higgins eye (Lampsilis higginsii), 087176–3 triangular kidneyshell (Ptychobranchus Applicant: William Bailey, Searcy, greenii), Alabama lampmussel Applicant: David Eisenhour, Morehead, Arkansas (Lampsilis virescens), pale lilliput Kentucky The applicant requests authorization (Toxolasma cylindrellus), winged to renew his permit to take (capture, tag, The applicant requests authorization mapleleaf (Quadrula fragosa), Alabama translocate, release, and hold) American to renew his permit to take (harass, moccasinshell (Medionidus burying beetles (Nicrophorus capture, identify, release) blackside dace acutissimus), Coosa moccasinshell americanus) for the purpose of survey (Phoxinus cumberlandensis) while (Medionidus parvulus), gulf

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moccasinshell (Medionidus collect hair samples, band, transmitter, Permit Application Number: TE penicillatus), Ochlocknee moccasinshell light-tag, wing-punch) Indiana bats 084047–4 (Medionidus simpsonianus), (Myotis sodalis), gray bats (Myotis Applicant: Maria Zondervan, Maitland, Appalachian monkeyface (Quadrula grisescens), Northern long eared bats Florida sparsa), Cumberland monkeyface (Myotis septentrionalis), and Virginia (Quadrula intermedia), orangenacre big eared bats (Corynorhinus townsendii The applicant requests authorization to take (harass) the red-cockaded mucket (Lampsilis perovalis), pink virginianus), while conducting woodpecker (Picoides borealis) and mucket (Lampsilis abrupta), oyster presence/absence surveys, studies to mussel (Epioblasma capsaeformis), Florida scrub jay (Aphelocoma document habitat use, and population coerulescens) for the purposes of scaleshell mussel (Leptodea leptodon), monitoring throughout the species’ Louisiana pearlshell (Margaritifera constructing and monitoring artificial ranges. hembeli), birdwing pearlymussel nest cavities and restrictors; for (Conradilla caelata), cracking Permit Application Number: TE capturing, banding, and the pearlymussel (Hemistena lata), Curtis 139474–7 translocation of birds; and for pearlymussel (Epioblasma florentina monitoring populations and nest curtisii), dromedary pearlymussel Applicant: Dennis Ford, Little Rock, cavities on lands managed by the St. (Dromus dromas), littlewing Arkansas John’s River Management District in Florida. pearlymussel (Pegias fabula), The applicant requests authorization Cumberland pigtoe (Pleurobema to take (harass) the American burying Permit Application Number: TE gibberum), dark pigtoe (Pleurobema beetle (Nicrophorus americanus) while 092854–2 furvum), finerayed pigtoe (Fusconaia cuneolus), flat pigtoe (Pleurobema conducting research activities in Applicant: Samuel Van Hook, Babson marshalli), Georgia pigtoe (Pleurobema Arkansas, Oklahoma, Kansas, and Park, Florida hanleyianum), heavy pigtoe Texas. The applicant requests authorization (Pleurobema taitianum), oval pigtoe Permit Application Number: TE to take (harass and insert artificial nest (Pleurobema pyriforme), rough pigtoe 63633A–3 cavities) red-cockaded woodpeckers (Pleurobema plenum), shiny pigtoe (Picoides borealis) while conducting (Fusconaia cor), Southern pigtoe Applicant: David Evers, Gorham, Maine status surveys and habitat enhancement (Pleurobema georgianum), orangefoot activities in Florida. pimpleback (Plethobasus cooperianus), The applicant requests authorization Permit Application Number: TE fat pocketbook (Potamilus capax), to take (acoustical monitoring, enter 091705–3 finelined pocketbook (Lampsilis altilis), hibernacula or maternity roost caves, Ouachita rock pocketbook (Arkansia salvage dead bats, capture with mist Applicant: Peter White, Chapel Hill, wheeleri), shinyrayed pocketbook nets or harp traps, handle, identify, North Carolina collect hair samples, band, transmitter, (Lampsilis subangulata), speckled The applicant requests authorization light-tag, wing-punch) northern long- pocketbook (Lampsilis streckeri), purple to possess (collect seeds, spores, cat’s paw (Epioblasma obliquata eared bats (Myotis septentrionalis) while sporocarps, cuttings, vegetative obliquata), rough rabbitsfoot (Quadrula conducting presence/absence surveys in material) Amaranthus pumilus (sea cylindrica strigillata), northern Illinois, Indiana, Massachusetts, beach amaranth), Amphianthus pusillus riffleshell (Epioblasma torulosa Virginia, Minnesota, North Carolina, (little amphianthus), Arabis serotina rangiana), tan riffleshell (Epioblasma South Carolina, Pennsylvania, West (shale-barren rockcress), Carex lutea florentina walkeri (=E. walkeri), Ring Virginia, and Missouri. (golden sedge), Clematis socialis pink (Obovaria retusa), Chipola (Alabama leather-flower), Echinacea slabshell (Elliptio chipolaensis), James Permit Application Number: TE 13910A–2 laevigata (smooth-purple coneflower), spinymussel (Pleurobema collina), Tar Geum adiatum (Appalachian avens), River spinymussel (Elliptio Applicant: Terry Derting, Murray, Gymnoderma lineare (rock gnome steinstansana), stirrupshell (Quadrula Kentucky lichen), Helianthus schweinitzii stapes), fat three-ridge (Amblema (Schweinitz’s sunflower), Hexastylis neislerii), white wartyback, (Plethobasus The applicant requests authorization naniflora (dwarf-flowered hartleaf), cicatricosus), dwarf wedgemussel to renew his permit to take (acoustical Hudsonia montana (mountain golden- (Alasmidonta heterodon), and Altamaha monitoring, enter hibernacula or heartleaf), Isoetes melanospora (black- spinymussel (Elliptio spinosa). The take maternity roost caves, salvage dead bats, spore quillwort), Isoetes tegetiformans would occur while the applicant capture with mist nets or harp traps, (Merlin’s-grass), Liatris helleri (Heller’s engaged in conducting presence/ handle, identify, collect hair samples, gayfeather), Lysimachia asperulaefolia absence surveys and translocations in band, transmitter, light-tag, wing-punch, (rough- leaved loosestrife), Oxypolis North Carolina, South Carolina, Georgia, and selectively euthanize for white nose canbyi (Canby’s dropwort), Pityopsis Kentucky, Tennessee, Florida, and syndrome testing) Indiana bats (Myotis ruthii (Ruth’s golden aster), Ptilimnium Arkansas. sodalis), gray bats (Myotis grisescens), nodosum (harparella), Rhus michauxii Permit Application Number: TE Virginia big eared bats (Corynorhinus (Michaux’s sumac), Sagittaria 97394A–2 townsendii virginianus), Ozark big-eared fasciculata (bunched arrowhead), bats (Corynorhinus townsendii ingens), Sagittaria secundifolia (little river Applicant: Zackary Couch, arrowhead), Sarracenia jonesii Pleasureville, Kentucky and northern long eared bats (Myotis septentrionalis), while conducting (mountain sweet pitcher-plant), The applicant requests authorization presence/absence surveys and studies to Sarracenia oreophila (green pitcher- to take (acoustical monitoring, enter document habitat use in Georgia, plant), Scutellaria montana (largeflower hibernacula or maternity roost caves, Tennessee, Kentucky, Ohio, Indiana, skullcap), Solidago spithamaea (blue salvage dead bats, capture with mist and West Virginia. ridge goldenrod), Spiraea virginiana nets or harp traps, handle, identify, (Virginia spirea), Thalictrum cooleyi

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(Cooley’s meadowrue), Trifolium Permit Application Number: TE Permit Application Number: TE stoloniferum (running buffalo clover), 38519A–1 108584–6 sensitive joint-vetch (Aeschynomene Applicant: Joshua Hofkes, Tallahassee, Applicant: Tim Nehus, Lebanon, virginica), Virginia round-leaf birch Florida Tennessee (Betula uber), Roan Mountain bluet (Hedyotis purpurea var. montana), The applicant requests authorization The applicant requests authorization to take (capture, hold temporarily, swamp pink (Helonias bullata), to take (harass, capture, and translocate) American chaffseed (Schwalbea release, and translocate) Nashville gopher tortoise (Gopherus polyphemus) crayfish (Orconectes shoupi), birdwing americana), and white irisette for the purpose of conducting pearlymussel (Conradilla caelata), (Sisyrinchium dichotomum), throughout population surveys and removing oyster mussel (Epioblasma the species’ ranges on federally tortoises from development sites to capsaeformis), tan riffleshell managed lands in North Carolina, South suitable alternative habitat in Louisiana, (Epioblasma walkeri), Cumberland Carolina, Tennessee, Georgia, Alabama, Mississippi, and Alabama. monkeyface (Quadrula intermedia), Florida, West Virginia, Virginia, and orangefoot pimpleback (Plethobasus Permit Application Number: TE Maryland. cooperianus), Cumberland elktoe 810274–11 Permit Application Number: TE (Alasmidonta atropurpurea), 119937–3 Applicant: Peter Droppelman, Appalachian elktoe (Alasmidonta Louisville, Kentucky raveneliana), fanshell (Cyprogenia Applicant: Susan Loeb, Clemson, South stegaria (irrorata)), dromedary Carolina The applicant requests authorization pearlymussel (Dromus dromus), to take (acoustical monitoring, enter Cumberlandian combshell (Epioblasma The applicant requests authorization hibernacula or maternity roost caves, brevidens), yellow-blossom to take (acoustical monitoring, enter salvage dead bats, capture with mist pearlymussel (Epioblasma florentina), hibernacula or maternity roost caves, nets or harp traps, handle, identify, upland combshell (Epioblasma salvage dead bats, capture with mist collect hair samples, band, transmitter, metastriata), Southern acornshell nets or harp traps, handle, identify, light-tag, and wing-punch, Indiana bats (Epioblasma othcaloogensis), green- collect hair samples, band, transmitter, (Myotis sodalis), gray bats (Myotis blossom pearlymussel (Epioblasma light-tag, wing-punch) Indiana bats grisescens), Virginia big eared bats torulosa gubernaculum), tuberculed- (Myotis sodalis), gray bats (Myotis (Corynorhinus townsendii virginianus), blossom pearlymussel (Epioblasma torulosa torulosa), turgid-blossom grisescens), and northern long-eared northern long eared bats (Myotis pearlymussel (Epioblasma turgidula), bats (Myotis septentrionalis), while septentrionalis), and Ozark big-eared conducting presence/absence surveys, purple catspaw (Epioblasma obliquata), bats (Corynorhinus townsendii ingens) fine-lined pocketbook (Lampsilis altilis), studies to document habitat use, and while conducting presence/absence population monitoring in North and pink mucket pearlymussel (Lampsilis surveys and studies to document habitat South Carolina, Tennessee, and abrupta), Alabama lampmussel use in the following States: Alabama, Kentucky. (Lampsilis virescens), Alabama Arkansas, Georgia, Kentucky, moccasinshell (Medionidus Permit Application Number: TE Mississippi, North Carolina, South acutissimus), Coosa moccasinshell 129703–5 Carolina, Tennessee, Maryland, New (Medionidus parvulus), ring-pink Hampshire, New Jersey, New York, mussel (Obovaria retusa), little-wing Applicant: Mitch Green, Frankfort, Pennsylvania, Vermont, Virginia, West pearlymussel (Pegias fabula), white Kentucky Virginia, Illinois, Indiana, Iowa, warty-back (Plethobasus cicatricosus), The applicant requests authorization Michigan, Missouri, and Ohio. clubshell (Pleurobema clava), Southern to renew his existing permit to take clubshell (Pleurobema decisum), Permit Application Number: TE Southern pigtoe (Pleurobema (acoustical monitoring, enter 71613A–1 hibernacula or maternity roost caves, georgianum), Cumberland pigtoe salvage dead bats, capture with mist Applicant: Gary McCracken, Knoxville, (Pleurobema gibberum), ovate clubshell (Pleurobema perovatum), rough pigtoe nets or harp traps, handle, identify, Tennessee (Pleurobema plenum), triangular collect hair samples, band, transmitter, kidneyshell (Ptychobranchus greeni), light-tag, wing-punch, and selectively The applicant requests authorization rough rabbitsfoot (Quadrula cylindrica euthanize for white nose syndrome to permittee is authorized to take (acoustical monitoring, enter strigillata), winged mapleleaf (Quadrula testing) Indiana bats (Myotis sodalis), fragosa), Appalachian monkeyface gray bats (Myotis grisescens), northern hibernacula or maternity roost caves, salvage dead bats, capture with mist (Quadrula sparsa), pale lilliput long-eared bats (Myotis septentrionalis), (Toxolasma cylindrellus), Cumberland and Virginia big-eared bats nets or harp traps, handle, identify, collect hair and fecal samples, conduct bean pearlymussel (Villosa trabalis), (Corynorhinus townsendii virginianus) purple bean (Villosa perpurpurea), blue radio-telemetry, and PIT-tag) Indiana while conducting presence/absence shiner (Cyprinella caerulea), slender bats (Myotis sodalis), northern long- surveys, studies to document habitat chub (Erimystax cahni), slackwater use, and population monitoring in eared bats (Myotis septentrionalis), and darter (Etheostoma boschungi), Tennessee, Kentucky, and Alabama. The gray bats (Myotis grisescens) while duskytail darter (Etheostoma applicant also requests authorization to conducting presence/absence surveys percnurum), jewel darter (Etheostoma take (harass) the clubshell (Pleurobema and studies to document habitat use in sp.), boulder darter (Etheostoma wapiti), clava), scaleshell (Leptodea leptodon), Tennessee, Missouri, and the Fern and spotfin chub (Cyprinella monacha), and northern riffleshell (Epioblasma Sauta caves in Jackson County, palezone shiner (Notropis albizonatus), torulosa rangiana) while conducting Alabama. smoky madtom (Noturus baileyi), presence/absence surveys in North yellowfin madtom (Noturus flavipinnis), Carolina, Alabama, and West Virginia. pygmy madtom (Noturus stanauli),

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amber darter (Percina antesella), species’ ranges in Arkansas, Alabama, Permit Application Number: TE Conasauga logperch (Percina jenkinsi), Tennessee, Georgia, and Kentucky. 37652B–0 snail darter (Percina tanasi), and Permit Application Number: TE blackside dace (Phoxinus Applicant: Bambi Teague, Asheville, 37900B–0 cumberlandensis), while conducting North Carolina presence and absence studies and Applicant: Sarah Lauerman, Gainesville, The applicant requests authorization translocation activities throughout the Florida take (harass) the following species: species’ ranges in the State of Carolina Northern flying squirrel Tennessee. The applicant requests authorization to take (harass, nest monitor, capture, (Glaucomys sabrinus coloratus), Permit Application Number: TE band, and translocate) red-cockaded Virginia big-eared bat (Corynorhinus 41910B–0 woodpeckers (Picoides borealis) for the townsendii virginianus), Indiana bats Applicant: Scott Rush, Starkville, purposes of constructing and (Myotis sodalis), gray bats (Myotis Mississippi monitoring artificial nest cavities and grisescens), bog turtle (Clemmys restrictors; for capturing, banding, and muhlenbergii), Roanoke logperch The applicant requests authorization translocation of birds; and for (Percina rex), spruce-fir moss spider to take (acoustical monitoring, enter monitoring populations and nest (Microhexura montivaga), and hibernacula or maternity roost caves, cavities in Osceola National Forest. Mitchell’s satyr (Neonympha mitchellii) salvage dead bats, capture with mist for the purposes of conducting nets or harp traps, handle, identify, Permit Application Number: TE 37524B–0 population studies throughout the collect hair samples, band, transmitter, species’ ranges in Virginia and North light-tag, and wing-punch) Indiana bats Applicant: Kathy Heym, Tampa Florida Carolina. (Myotis sodalis), gray bats (Myotis grisescens), and northern long eared The applicant requests authorization Permit Application Number: TE bats (Myotis septentrionalis) while to take (hold for veterinary) loggerhead 37530B–0 sea turtles (Caretta caretta), green sea conducting presence/absence surveys Applicant: Kelly Morrison, Nashville, and studies to document habitat use in turtles (Chelonia mydas), Kemp’s Ridley Tennessee Mississippi. sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys The applicant requests authorization Permit Application Number: TE coriacea), hawksbill sea turtles 37951B–0 to take (capture, identify, hold (Eretmochelys imbricata), and Olive temporarily, release, and translocate) ridley sea turtles (Lepidochelys Applicant: Michael LaVoie, Cherokee, Nashville crayfish (Orconectes shoupi) olivacea) at the Florida Aquarium North Carolina for the purpose of minimizing effects of located in Tampa, Florida. The applicant requests authorization development projects on individual to take (acoustical monitoring, enter Permit Application Number: TE specimens in Davidson and Williamson hibernacula or maternity roost caves, 37666B–0 Counties, Tennessee. salvage dead bats, capture with mist Applicant: Jessica Allen, Bronx, New Permit Application Number: TE nets or harp traps, handle, identify, York 37661B–0 collect hair samples, band, attach transmitters, light-tag, wing-punch, and The applicant requests authorization Applicant: William McCartney, Morton, selectively euthanize for white nose to take (collect squamules) rock gnome Mississippi syndrome testing) Indiana bats (Myotis lichens (Gymnoderma lineare) for the sodalis) in Jackson, Swain, Graham, and purpose of conducting population The applicant requests authorization Cherokee Counties in North Carolina, genetics research in the Great Smoky to take (acoustical monitoring, enter while conducting presence/absence Mountains National Park, the Blue hibernacula or maternity roost caves, surveys, studies to document habitat Ridge Parkway, Pisgah National Forest, salvage dead bats, capture with mist use, and population monitoring. and Nantahala National Forest, North nets or harp traps, handle, identify, Carolina. collect hair samples, band, attach Permit Application Number: TE transmitters, light-tag, and wing-punch) 37967B–0 Permit Application Number: TE Indiana bats (Myotis sodalis) and 37663B–0 Applicant: Matthew Grilliot, Opelika, northern long-eared bats (Myotis Alabama Applicant: Rebecca Ijames, Central City, septentrionalis) while conducting Kentucky presence/absence surveys and studies to The applicant requests authorization document habitat use in Louisiana. to take (acoustical monitoring, enter The applicant requests authorization hibernacula or maternity roost caves, to take (acoustical monitoring, enter Permit Application Number: TE salvage dead bats, capture with mist hibernacula or maternity roost caves, 105674–2 nets or harp traps, handle, identify, salvage dead bats, capture with mist collect blood, fecal, and hair samples, nets or harp traps, handle, identify, Applicant: Stephen Shurter, White Oak band, attach transmitters, light-tag, and collect hair samples, band, attach Conservation Holdings LLC, Yulee, wing-punch) Indiana bats (Myotis transmitters, light-tag, and wing-punch) Florida sodalis), gray bats (Myotis grisescens), Indiana bats (Myotis sodalis), gray bats The applicant requests authorization Virginia big-eared bats (Corynorhinus (Myotis grisescens), and northern long to take (harass, maintain in captivity, townsendii virginianus), and Ozark big- eared bats (Myotis septentrionalis) while and release) Mississippi sandhill cranes eared bats (Corynorhinus conducting presence/absence surveys townsendiiingens) while conducting and studies to document habitat use in (Grus canadensis pulla) throughout the presence/absence surveys and other Kentucky, Indiana, Tennessee, Ohio, species’ range in Mississippi. research activities throughout the and Missouri.

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Permit Application Number: TE Permit Application Number: TE for the purposes of implementing 39433B–0 41705B–0 recovery activities in in the lower Mississippi River from the mouth of the Applicant: John Mulvena, Naples Zoo Applicant: Linda Edwards, Smyrna, Missouri River to the mouth of the Inc. Naples, Florida Georgia Mississippi River. The applicant requests authorization The applicant requests authorization to take (possess) the Florida panther Permit Application Number: TE to take (capture, hold temporarily, and (Puma concolor coryi) for the purposes 41966B–0 release) the bog turtle (Glyptemys of rehabilitation and public education at Applicant: Nicole McCaskill, Sandhills muhlenbergii), eastern indigo snake the Naples Zoo in Caribbean Gardens, State Forest, Patrick, South Carolina (Drymarchon couperi), gopher tortoise Naples, Florida. (Gopherus polyphemus), and spotted The applicant requests authorization turtle (Clemmys guttata) for the purpose Permit Application Number: TE to take (harass, nest monitor, capture, of conducting presence/absence surveys 056510–5 band, and translocate) the red-cockaded woodpecker (Picoides borealis) for the in Georgia. Applicant: Joseph Pechmann, Western purposes of constructing and Carolina University, Cullowhee, North Permit Application Number: TE monitoring artificial nest cavities and Carolina 171518–1 restrictors; for capturing, banding, and The applicant requests authorization translocating birds; and for monitoring Applicant: Norman L. Wagoner, to renew his existing permit to take populations and nest cavities in South Ouachita National Forest, Hot Springs, (capture, examine, measure, mark, tag, Carolina’s Sand Hills State Forest. Arkansas and temporarily hold) dusky gopher frogs (Rana sevosa) for the purpose of Permit Application Number: TE The applicant requests authorization conducting studies to evaluate habitat 102324–2 to take (survey, capture, band, radio-tag, requirements. Applicant: Thomas Dickinson, Catena translocate, and install artificial Group, Hillsborough, North Carolina structures) the red-cockaded Permit Application Number: TE woodpecker (Picoides borealis) for the 061005–3 The applicant requests authorization to renew his permit to take (collect relict purposes of constructing and Applicant: Rickard Myers, International monitoring artificial nest cavities and shells, capture, identify, photograph, Carnivorous Plant Society Inc. Walnut and release) James spinymussel restrictors; for capturing, banding, and Creek, California translocating birds; and for monitoring (Pleurobema collina), tar spinymussel The applicant requests authorization (Elliptio steinstansana), dwarf-wedge populations and nest cavities in to sell in interstate commerce seeds of mussel (Alasmidonta heterodon), Oklahoma and Arkansas. cultivated green pitcher-plant Carolina heelsplitter (Lasmigona Permit Application Number: TE (Sarracenia oreophil), Alabama cane decorata), Appalachian elktoe 070846–3 break pitcher-plant (Sarracenia rubra (Alasmidonta raveneliana), littlewing spp. alabamensis), mountain sweet pearlymussel (Pegias fabula), oyster Applicant: Jeffrey Walters, Virginia pitcher-plant (Sarracenia rubra spp. mussel (Epioblasma capsaeformis), and Tech, Blacksburg, Virginia jonesii), and Godrey’s butterwort Cumberland bean (Villosa trabalis), (Pinquicula ionantha) for propagation while conducting presence/absence The applicant requests authorization throughout the United States. surveys throughout the species’ ranges to take (monitor nests, capture, band, in Georgia, North Carolina, and South radio-tag, collect blood, construct Permit Application Number: TE Carolina. cavities, and translocate) red-cockaded 40178B–0 woodpeckers (Picoides borealis) for the Applicant: Eric Washington, Lexington, Permit Application Number: TE purposes of banding juveniles and Kenkucky 040423–4 adults, monitoring populations and nest The applicant requests authorization Applicant: Kevin Roe, Iowa State cavities, and for conducting basic to take (acoustical monitoring, enter University, Ames, Iowa research and recovery activities in hibernacula or maternity roost caves, The applicant request authorization to Florida, North Carolina, and South salvage dead bats, capture with mist take (capture, photograph, examine, Carolina. nets or harp traps, handle, identify, remove small appendages Permit Application Number: TE collect hair samples, band, transmitter, (swimmerettes), and release) Kentucky 084054–3 light-tag, and wing-punch) Indiana bats cave shrimp (Palaemonias ganteri) for (Myotis sodalis), gray bats (Myotis the purposes of conducting Applicant: James Orr, URS Corporation, grisescens), and northern long-eared bat phylogenetic studies in Mammoth Cave Franklin, Tennessee (Myotis septentrionalis) while National Park, Kentucky. conducting presence/absence surveys Permit Application Number: TE The applicant requests authorization and studies to document habitat use 033469–5 to take (capture, identify, release, and throughout the species’ ranges. translocate) Nashville crayfish Applicant: Larry Wood, McClellanville, Permit Application Number: TE (Orconectes shoupi) and Anthony’s South Carolina river snail (Athernia anthonyi) while 045109–4 conducting presence/absence surveys, The applicant requests authorization Applicant: Jack Killgore, US Army to renew his permit to take (harass) population estimates, age class ERDC WES, Vicksburg, Mississippi red-cockaded woodpeckers (Picoides determination, and relocation activities The applicant requests authorization borealis) for the purposes of in Alabama and Tennessee. to renew his permit to take (capture, constructing and monitoring artificial hold temporarily, relocate, and release) nest cavities and restrictors; for pallid sturgeon (Scaphirhynchus albus) capturing, banding, and translocating

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birds; and for monitoring populations Permit Application Number: TE Permit Application Number: TE and nest cavities in South Carolina, 100012–2 386424A–1 North Carolina, Virginia, Georgia, Applicant: Michael Reynolds, Share the Applicant: Kenneth Meyer, Avian Florida, Alabama, Arkansas, Texas, Beach, Gulf Shores, Alabama Research and Conservation Institute, Louisiana, and Mississippi. The applicant requests authorization Gainesville, Florida Permit Application Number: TE to renew his permit to take (monitor, The applicant requests authorization 066980–4 photograph, excavate and relocate nests, to take (capture, weigh, measure, temporarily hold nestlings, and release examine, collect blood and tissues, sex, Applicant: Brandon Rutledge, JW Jones nestlings) green (Chelonia mydas), band, attach scientific devices, release, Ecological Research Center, Newton, Kemp’s ridley (Lepidochelys kempi), and salvage) everglades snail kites Georgia and loggerhead (Caretta caretta) sea (Rostrhamus sociabilis plumbeus) for The applicant requests authorization turtles while monitoring and protecting the purpose of scientific study and to nests, throughout the species’ ranges on determine potential contaminant levels to take (harass) red-cockaded the Alabama Gulf Coast in Baldwin and in the following Florida counties: woodpeckers (Picoides borealis) for the Mobile Counties, Alabama. Osceola, Polk, Glades, Palm Beach, purposes conducting restoration and Hendry, Broward, Miami-Dade, Monroe, Permit Application Number: TE genetic research activities at the JW and Collier. Jones Ecological Research Center in 016270–9 Permit Application Number: TE Newton, Georgia. Applicant: Michael Barron, US Army, 069754–5 Permit Application Number: TE Fort Benning, Georgia 43261B–0 The applicant requests authorization Applicant: Gerald Dinkins, Dinkins to renew his permit to take (harass) Biological Consulting, Powell, Applicant: Ann Altman, South Carolina endangered red-cockaded woodpeckers Tennessee Department of Transportation, (Picoides borealis) for the purposes of The applicant requests authorization Columbia, South Carolina constructing and monitoring artificial to take (harass, capture, handle, nest cavities and restrictors; for identify, release, translocate live The applicant requests authorization capturing, banding, and translocation of specimens, and collect relict shells): 211 to take (harass) James spinymussel birds; and for monitoring populations species of mussels, while conducting (Pleurobema collina), tar spinymussel and nest cavities at the Fort Benning presence/absence surveys in Georgia, (Elliptio steinstansana), dwarf-wedge Army Base and throughout species’ Alabama, Tennessee, North Carolina, mussel (Alasmidonta heterodon), range as coordinated with the U.S. Fish Kentucky, Virginia, West Virginia, Carolina heelsplitter (Lasmigona and Wildlife Service. Indiana, Illinois, Missouri, Ohio, Iowa, decorata), Atlantic pigtoe (Fusconaia Minnesota, Wisconsin, Michigan, masoni), Brook floater (Alsmidonta Permit Application Number: TE Arkansas, Pennsylvania, South Carolina, varicose), Carolina creekshell (Villosa 132772–1 and Maryland. vaugnhiana), green floater (Lasmigona Applicant: John Moran, US Forest Permit Application Number: TE subviridis), Savanna Lilliput Service, Montgomery, Alabama 069754–5 (Taxolasma pullus), and yellow The applicant requests authorization Applicant: James Godwin, Auburn lampmussel (Lampsilis cariosa) for the to take (capture examine, and release) University, Auburn, Alabama purpose of conducting presence/absence the following species: Cahaba shiner surveys in North Carolina and South (Notropis cahabae), Cumberlandian The applicant requests authorization Carolina. Combshell (Epioblasma brevidens), to renew his permit to take (capture, upland Combshell (Epioblasma harass, handle, mark, collect tissue and Permit Application Number: TE bodily fluid samples, attach/insert 43264B–0 metastriata), southern acornshell (Epioblasma othcaloogensis), Coosa scientific devices, relocate, and release) Applicant: Nicole Riddle, South moccasinshell (Medionidus parvulus), the Alabama red-bellied turtle Carolina Department of Transportation, southern clubshell (Pleurobema (Pseudemys alabamensis), eastern Columbia, South Carolina decisum), dark pigtoe (Pleurobema indigo snake (Drymarchon couperi), furvum), southern pigtoe (Pleurobema flattened musk turtle (Sternotherus The applicant requests authorization geogianum), ovate clubshell depressus), gopher tortoise (Gopherus to (take) James spinymussel (Pleurobema perovatum), triangular Polyphemus), and red hills salamander (Pleurobema collina), tar spinymussel kidneyshell (Ptychobranchus greenii), (Phaeognathus hubrichti) in Alabama (Elliptio steinstansana), dwarf-wedge flat pebblesnail (Lepyrium showalteri), and Mississippi. mussel (Alasmidonta heterodon), lacy elimia (Elimia crenatella), Permit Application Number: TE Carolina heelsplitter (Lasmigona cylindrical lioplax (Lioplax 47720B–0 decorata), Atlantic pigtoe (Fusconaia cyclostomaformis), Tulotoma snail masoni), Brook floater (Alsmidonta (Tulotoma magnifica), rush darter Applicant: Hector Perez, University of varicose), Carolina creekshell (Villosa (Etheostoma phytophilum), southern Florida, Gainesville, Florida vaugnhiana) green floater (Lasmigona sandshell (Hamiota oustralis), Alabama The applicant requests authorization subviridis), Savannah lilliput pearlshell (Margaritifera marrianae), to take (harvest immature fruits) (Taxolasma pullus), and yellow fuzzy pigtoe (Pieurobema strodeanum), Harper’s beauty (Harperocallis flava) lampmussel (Lampsilis cariosa) for the and Southern kidneyshell from Apalachicola National Forest, purpose of conducting presence/absence (Ptychobranchus jonesi), for the Liberty County, Florida, for the purpose surveys in North Carolina and South purposes of conducting land of cultivating seedlings at the University Carolina. management and basic research of Florida Plant Science Greenhouse activities throughout the species’ ranges Facility in Liberty County, Florida. on National Forests in Alabama. Cultivated seedlings will be

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reintroduced to Apalachicola National Permit Application Number: TE Kiteboarding Update Forest to aid in recovery and provide 48579B–0 Shorebird Management Planning National Park Service Centennial information on the germination ecology Applicant: J. Erik Alford, Ecological Healthy Parks, Healthy People and seedling establishment of Harper’s Solutions, Roswell, Georgia Fairy. Improved Properties/Town Bylaws The applicant requests authorization Herring River Wetland Restoration Permit Application Number: TE to take (acoustical monitoring, enter Highlands Center Update 816862–7 hibernacula or maternity roost caves, Ocean Stewardship Topics— salvage dead bats, capture with mist Applicant: Joseph Settles, Young and Shoreline Change nets or harp traps, handle, identify, Settles, Winchester, Kentucky Climate Friendly Parks collect hair and tissue samples, swab for 6. Old Business The applicant requests authorization white nose syndrome, band, transmitter, Continue Discussion of NSTAR to take (capture, identify, tag, and light-tag, and wing-punch) Indiana bats Spraying Plans, Clearing release) northern long-eared bats (Myotis (Myotis sodalis), gray bats (Myotis Alternatives and Utility Right-of- septentrionalis), Virginia big-eared bats grisescens), and northern long-eared Ways (Plecotus townsendii virginianus), bats (Myotis Septentrionalis) while Live Lightly Campaign Progress Indiana bats (Myotis sodalis), gray bats conducting presence/absence surveys Report (Myotis grisescens), and 29 species of and studies to document habitat use in 7. New Business Georgia. freshwater mussels, for the purpose of Presentation of Draft Section 208 Water Quality Plan Update for Cape conducting presence/absence surveys Dated: October 9, 2014. Cod and CCNS Comments (Possible studies to document habitat use Michael Oetker, Vote) throughout each species’ respective Acting Regional Director, Region 4. Outer Cape Bike Trail Master Plan range in reference to bats, and in the [FR Doc. 2014–24702 Filed 10–16–14; 8:45 am] Update State of Kentucky in reference to BILLING CODE 4310–55–P 8. Date and Agenda for Next Meeting mussels. 9. Public Comment 10. Adjournment Permit Application Number: TE DEPARTMENT OF THE INTERIOR 94704A–1 FOR FURTHER INFORMATION CONTACT: National Park Service Further information concerning the Applicant: Dorothy Brown, Alpharetta, meeting may be obtained from George E. Georgia [NPS–NERO–CACO–16911; PPNECACOS0, Price, Jr., Superintendent, Cape Cod PPMPSD1Z.YM0000] The applicant requests authorization National Seashore, 99 Marconi Site to take (acoustical monitoring, enter Notice of Meeting for Cape Cod Road, Wellfleet, MA 02667, or via telephone at (508) 771–2144. hibernacula or maternity roost caves, National Seashore Advisory salvage dead bats, capture with mist Commission SUPPLEMENTARY INFORMATION: The Commission was reestablished pursuant nets or harp traps, handle, identify, AGENCY: National Park Service, Interior. collect hair samples, band, transmitter, to Public Law 87–126, as amended by ACTION: Meeting Notice. light-tag, and wing-punch) Indiana bats Public Law 105–280. The purpose of the Commission is to consult with the (Myotis sodalis), gray bats (Myotis SUMMARY: This notice sets forth the date Secretary of the Interior, or her grisescens), and northern long-eared of the 296th meeting of the Cape Cod designee, with respect to matters bats (Myotis Septentrionalis) while National Seashore Advisory relating to the development of Cape Cod conducting presence/absence surveys Commission. National Seashore, and with respect to and studies to document habitat use in DATES: The public meeting of the Cape carrying out the provisions of sections 4 North Carolina, South Carolina, Georgia, Cod National Seashore Advisory and 5 of the Act establishing the Alabama, Florida, Mississippi, Commission will be held on Monday, Seashore. Kentucky, Virginia, Maryland, West November 17, 2014, at 1:00 p.m. The meeting is open to the public. It Virginia, Indiana, Ohio, Arkansas, (EASTERN). is expected that 15 persons will be able Missouri, Illinois. The applicant also ADDRESSES: The Commission members to attend the meeting in addition to requests authorization to take (capture, will meet in the conference room at park Commission members. Interested handle, tag, and release) Carolina headquarters, 99 Marconi Site Road, persons may make oral/written northern flying squirrel (Glaucomys Wellfleet, Massachusetts 02667. presentations to the Commission during sabrinus coloratus) and bog turtle The 296th meeting of the Cape Cod the business meeting or file written (Clemmys muhlenbergii) for the same National Seashore Advisory statements. Such requests should be purposes and states listed above. Commission will take place on Monday, made to the park superintendent prior Permit Application Number: TE November 17, 2014, at 1:00 p.m., in the to the meeting. Before including your address, telephone number, email 070800–4 meeting room at Headquarters, 99 Marconi Station Road, in Wellfleet, address, or other personal identifying Applicant: Ecological Services Inc., Massachusetts to discuss the following: information in your comment, you Roswell, Georgia 1. Adoption of Agenda should be aware that your entire 2. Approval of Minutes of Previous comment—including your personal The applicant requests authorization Meeting (September 29, 2014) identifying information—may be made to take (capture and release) 45 species 3. Reports of Officers publicly available at any time. While of freshwater mussels, 11 species of 4. Reports of Subcommittees you may ask us in your comment to snails, 20 species of freshwater fish, and Update of Pilgrim Nuclear Plant withhold your personal identifying 22 species of plants for the purpose of Emergency Planning Subcommittee information from public review, we conducting presence/absence surveys in 5. Superintendent’s Report cannot guarantee that we will be able to Georgia. Nauset Spit Update do so.

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Dated: October 14, 2014. Marshall Rose, 381 Elden Street, MS– tract is within 50 percent of the tract’s Alma Ripps, 3310, Herndon, Virginia 20170–4817. highest Qualified Bid, and (2) the tract’s highest Qualified Bid per acre is within Chief, Office of Policy. Public Availability of Comments [FR Doc. 2014–24808 Filed 10–16–14; 8:45 am] the top 75 percent of all high Qualified Before including your name, address, BILLING CODE 4310–EE–P Bids per acre for all tracts receiving phone number, email address, or other three-or-more Qualified Bids within the personal identifying information in your tract’s designated water depth category. DEPARTMENT OF THE INTERIOR comment, you should be aware that (See ‘‘Modifications to the Bid your entire comment—including your Adequacy Procedures,’’ Federal Bureau of Ocean Energy Management personal identifying information—may Register, Volume 64, No. 132, July 12, be made publicly available at any time. 1999, Pps. 37560–37562, at http:// [Docket No. BOEM–2014–0069; While you can ask us in your comment www.boem.gov/Oil-and-Gas-Energy- MMAA104000] to withhold your personal identifying Program/Leasing/Regional-Leasing/ information from public review, we Modifications to the Bid Adequacy Gulf-of-Mexico-Region/Bid-Adequacy- cannot guarantee that we will be able to Procedures Procedures.aspx.) do so. Mean Range of Values (MROV) is AGENCY: Bureau of Ocean Energy FOR FURTHER INFORMATION CONTACT: Dr. BOEM’s estimate of the dollar measure Management (BOEM), Interior. Marshall Rose, Chief, Economics of a tract’s expected net present value, ACTION: Notification of procedural Division, at (703) 787–1536. The revised assuming that tract is leased in the change and clarification of definitions. Bid Adequacy Procedures are described current sale. It reflects the maximum below. amount a bidder could afford to pay as SUMMARY: The Bureau of Ocean Energy SUPPLEMENTARY INFORMATION: In the first a cash bonus for the tract while Management (BOEM) is giving notice of phase of its tract evaluation procedures expecting to earn a specified after-tax its intent to change a criterion and to for OCS oil and gas lease sales, BOEM rate of return. The calculation of the clarify selected definitions in its considers the number and MROV considers exploration and existing Bid Adequacy Procedures for characteristics of bids received on a economic risk, sales value, exploration, ensuring receipt of Fair Market Value tract to help determine whether the development and production costs, (FMV) on Outer Continental Shelf (OCS) tract’s high bid can be accepted without royalties, and corporate income taxes oil and gas leases. In particular, BOEM further evaluation. BOEM is proposing allowing for depreciation of certain proposes to remove the ‘‘Number of to eliminate these factors of capital investments and depletion of the Bids Rule’’ that is currently applicable consideration from the initial part of the cash bonus as estimated by the MROV. in Phase 1 of the Bid Adequacy tract evaluation and bid acceptance Delay-adjusted Mean Range of Values Procedures. A copy of current process. (DMROV) is BOEM’s estimate of the procedures, ‘‘Modifications to the Bid amount of a tract’s high bonus bid What is the regulatory authority for Adequacy Procedures,’’ published at 64 needed in the current sale which, when BOEM’s procedures to accept or reject added to the present value of FR 37560 on July 12, 1999, can be high bids on tracts? obtained from the BOEM Web site at anticipated royalties from accepting the http://www.boem.gov/Oil-and-Gas- The FMV procedures used to tract’s high bid and leasing the tract, Energy-Program/Leasing/Regional- determine the adequacy of the high bids equals the discounted sum of the tract’s Leasing/Gulf-of-Mexico-Region/Bid- received for OCS oil and gas leases expected high bonus bid and present Adequacy-Procedures.aspx. BOEM clarify the steps involved in the value of anticipated royalties in the next invites comments during a 45-day authorized officer’s decisions on bid sale if the high bid is rejected and the comment period following publication awards set forth in BOEM regulations at tract re-offered and sold in that next of this notice. 30 CFR 556.47. sale. The MROV estimated by BOEM for the tract in the next sale is used as the DATES: Comments can be submitted What definitions apply to these proxy for the next sale’s high bid on the electronically through the Federal procedures? tract, under projected economic, eRulemaking Portal at http:// BOEM is proposing to revise several engineering and geologic conditions, www.regulations.gov (Docket ID: bid adequacy definitions in its Bid including potential drainage. If the high BOEM–2014–0069) or postmarked no Adequacy Procedures guidelines for bonus bid in the current sale exceeds later than December 1, 2014. All clarity. These changes do not alter the the DMROV, then the present value of comments received or postmarked fundamental meaning or application of leasing receipts from selling the tract in during the comment period will be these terms to the Bid Adequacy the current sale are expected to be made publically available in the docket. Procedures. greater than those from rejecting the BOEM will consider all comments and Bid Adequacy Procedures are the tract’s high bid in the current sale and intends to publish the revised Bid guidelines followed by BOEM in selling the tract in the next sale. Adequacy Procedures prior to or in determining which high bids to accept Revised Arithmetic Measure (RAM) is conjunction with the Central Gulf of and reject following receipt and opening BOEM’s representation of the average Mexico Planning Area Lease Sale 235 of bids in an OCS oil and gas lease sale. ‘‘bid’’ on certain tracts, and includes in Final Notice of Sale. Number of Bids Rule is one of the its calculation all Qualified Bids on the ADDRESSES: You may submit comments, criteria employed in Phase 1 of the Bid tract that are equal to at least 25 percent identified by the docket number, by any Adequacy Procedures to determine of the tract’s high bid, as well as the of the following methods: whether to accept a tract’s high bid MROV for the tract as estimated by • Federal rulemaking portal: http:// without a further BOEM evaluation in BOEM. www.regulations.gov. Follow the Phase 2. Under this rule, the high bid on Unusual Bidding Patterns typically instruction for submitting comments. Confirmed and Wildcat tracts receiving refers to a situation in which two or • Mail: Department of the Interior, three-or-more Qualified Bids may be more companies bid on some tracts or Bureau of Ocean Energy Management, accepted as representative of FMV if: (1) subset of tracts far more often or less Economics Division, Attention: The third highest Qualified Bid on a often than would normally be expected.

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Legal Bids are those bids that comply the risk-weighted, most-probable What procedural change is being with the applicable regulations (30 CFR resource size equals or exceeds that of proposed? part 256) and the Notice of Sale, e.g., nearby proxies that were deemed BOEM is proposing that the Number bids that, among other things, are at economic in the relevant cost regime of Bids Rule in Phase 1 would no longer least equal to the specified minimum and at similar anticipated future prices. apply under the revised Bid Adequacy bid level. Any bids that fail to comply The probability of success used in Procedures. Instead, the high bid on a with the applicable regulations and determining the risk-weighted, most- Confirmed or Wildcat Tract could be Notice of Sale are returned to the probable resource size is at or below the accepted in Phase 1 only if BOEM bidder. highest level anticipated for any judges the tract to be non-viable. Tracts Qualified Bids are ‘‘Legal Bids’’ that economically positive tract or prospect not accepted in Phase 1, and hence are not disqualified by BOEM for that received a bid in the current sale, subject to further evaluation in Phase 2, violating anti-competitive bidding was evaluated by BOEM, and is located would include Confirmed and Wildcat practices. in the same cost regime. Confirmed Tract is a previously Tracts that BOEM judges to be Viable, leased tract having a well(s) that Non-viable Tract is a tract considered along with all Drainage and encountered hydrocarbons and may by BOEM not to have the potential Development Tracts. Consistent with have produced. It contains some oil capability of being explored, developed current practice, all tracts included in and/or gas resources, the volume of and produced profitably. Non-viable Phase 2 evaluations will be subject to a which may or may not be known. Tracts are: (1) Tracts that received bids full-scale review for the purpose of Development Tract is a tract that has but that are not associated with any determining bid adequacy. For a nearby productive (past or currently discernible prospect or geophysical description of the current guidelines, capable) wells with indicated anomaly that might indicate see ‘‘Modifications to the Bid Adequacy hydrocarbons and that is not interpreted hydrocarbon presence; or (2) tracts Procedures,’’ Federal Register, Volume to have a productive reservoir extending located over known prospects that are 64, No. 132, July 12, 1999, Pps. 37560– under the tract. There should be judged to offer sub-economic quantities 37562, at http://www.boem.gov/Oil-and- evidence supporting the interpretation of risked resources. The latter include Gas-Energy-Program/Leasing/Regional- that at least part of the tract is on the tracts that are located on a prospect for Leasing/Gulf-of-Mexico-Region/Bid- same general structure as the proven which the most probable risked resource Adequacy-Procedures.aspx. productive well. size is less than or equal to that of What problem is being addressed by the Drainage Tract is a tract that (1) is nearby proxies that were deemed proposed procedural change? currently being drained by a producing uneconomic for the relevant cost regime well on a nearby leased tract, or (2) and at similar anticipated future prices. Periodically, BOEM reviews its Bid could be drained by a currently-non- Determination by BOEM of whether a Adequacy Procedures in light of its producing well that is capable of tract is non-viable involves a rigorous mandate to ensure receipt of FMV for producing oil or gas on a nearby leased assessment of whether or not the tract the lease rights it sells. In a recent tract if the well were placed on is likely to be profitable, but not a review of the performance of its Bid production. The reservoir from which calculation of the tract’s precise Adequacy Procedures, BOEM identified the nearby well is currently producing monetary value. some potential weaknesses in one part or capable of producing is interpreted to of its procedures for determining Phase 1 is the first phase of the two- whether to accept the high bid on extend with producible hydrocarbon phased Bid Adequacy Procedures resources to the tract that is subject to certain tracts as being representative of applied in each sale to ensure that the FMV. Under its existing procedures, drainage. government receives the FMV for the Wildcat Tract is a tract that has BOEM accepts the high bids on some offshore oil and gas lease rights that it neither nearby productive (past or Confirmed and Wildcat Tracts following sells. In Phase 1, a tract’s high bid may currently capable) wells, nor is application of the Number of Bids Rule. be accepted as representative of FMV if interpreted to have a productive Consequently, the accepted tracts are the tract passes the Number of Bids Rule reservoir extending under the tract. It not subject to further consideration of or if the tract is classified as Confirmed has high geologic risk in addition to bid adequacy based on evaluation of or Wildcat and judged to be non-viable sparse well control. their underlying tract values in Water Depth Category is a by BOEM. If application of either of comparison to the high bids. In such classification of sea level depth, these criteria does not result in the cases, BOEM does not have the currently specified in the Gulf of tract’s acceptance in Phase 1, the tract opportunity to evaluate in Phase 1 Mexico for bid adequacy purposes as is passed to Phase 2 for further whether the accepted tracts have the being either: (1) Less than 400 meters; evaluation. potential to be economically profitable, or (2) 400 meters or more. If different Phase 2 is the second phase of the Bid or to determine based on its own classifications subsequently are used for Adequacy Procedures. In Phase 2, individual tract evaluation in Phase 2 a Gulf of Mexico sale, they will be Viable Tracts and associated prospects whether the high bids adequately reflect described in the Final Notice of Sale. are subjected to a complete geological the economic value of these tracts. As a Tracts offered in a sale held outside the review and economic evaluation for the result, the early bid acceptance of Gulf of Mexico will be considered to purpose of establishing the FMV of certain tracts in Phase 1, based solely on reside in the same, single water depth received bids. BOEM conducts an bidding information, precludes BOEM category encompassing the entire sale individual economic evaluation of each from conducting specific, in-depth area, unless specified otherwise in the tract that is passed to Phase 2, resulting evaluations of tracts that might have Final Notice of Sale. in the generation of certain measures of substantial economic value, potentially Viable Tract is a tract considered by tract value represented by the MROV, in excess of the accepted high bid. BOEM to have the potential capability DMROV and RAM. The high bid This situation is exacerbated when of being explored, developed and typically is considered for acceptance if BOEM has in its possession substantial produced profitably. Viable Tracts are it exceeds any one of these three geologic, engineering and economic those located on a prospect for which measures. information that could facilitate

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estimation of the underlying economic of Bids Rule, BOEM will continue to DEPARTMENT OF THE INTERIOR value of these tracts. In such cases, the capture the effects of competitive resulting economic value determined by market forces in its Bid Adequacy Bureau of Ocean Energy Management BOEM could be sufficient to lead to a Procedures because the RAM is retained decision to reject the high bid. In a as part of those revised procedures. The [MMAA 104000] subset of these cases, the resulting RAM is an effective means for rejection and subsequent reoffering of incorporating market forces in BOEM’s Notice of Availability of the Proposed the tract in the next sale might produce Bid Adequacy Procedures and is Notice of Sale (NOS) for Central Gulf of a considerable increase in lease unaffected by the proposed change in Mexico Planning Area (CPA) Outer revenues. those procedures. Continental Shelf (OCS) Oil and Gas Once a tract is accepted under the Lease Sale 235 (CPA Sale 235) Number of Bids Rule, BOEM does not How would this proposed procedural commonly conduct an economic change affect the content of phase 1 & AGENCY: Bureau of Ocean Energy evaluation of that tract, so it cannot phase 2 of the Bid Adequacy Management (BOEM), Interior. know with certainty whether such an Procedures? evaluation would have led to the ACTION: Notice of availability of the rejection of the high bid. Additionally, Under current procedures, certain proposed notice of CPA Sale 235. since the tract is not rejected, BOEM tracts may have their high bids accepted does not have empirical data revealing in Phase 1 if they are (1) subjected to SUMMARY: BOEM announces the what a subsequent high bid would have and pass the Number of Bids Rule, or (2) availability of the Proposed NOS for been if the tract’s original high bid had determined to be non-viable by BOEM. proposed CPA Sale 235. This Notice is been rejected and the tract reoffered in All other tracts are sent to Phase 2 for published pursuant to 30 CFR 556.29(c) the next sale. further evaluation. Removing the as a matter of information to the public. Nevertheless, BOEM identified Number of Bids Rule will eliminate With regard to oil and gas leasing on the several recent instances where the category (1) above. Henceforth, only the OCS, the Secretary of the Interior, Number of Bids Rule fell slightly short high bids on Confirmed and Wildcat of accepting the high bid, and the pursuant to section 19 of the OCS Lands affected tracts were subsequently Tracts determined by BOEM to be non- Act, provides affected States the rejected after BOEM conducted its viable may be accepted in Phase 1. opportunity to review the Proposed economic evaluations and applied its Moreover, elimination of the Number of NOS. The Proposed NOS sets forth the Bid Adequacy Procedures in Phase 2. In Bids Rule will not affect any existing proposed terms and conditions of the a few of these cases, BOEM found that evaluation procedures and criteria sale, including minimum bids, royalty upon reoffering, the high bids on the employed in Phase 2. rates, and rental rates. actual previously rejected tracts rose BOEM does not intend to make any DATES: Affected States may comment on substantially. But, had the nature of the other substantive changes to the Bid the size, timing, and location of actual bidding varied only slightly Adequacy Procedures at this time. If the proposed CPA Sale 235 within 60 days among competing bidders, BOEM might proposed change in procedures or some have accepted the original high bids following their receipt of the Proposed variation thereof is adopted, BOEM NOS. The Final NOS will be published under the Number of Bids Rule, and by intends to publish the complete and doing so would have thereby in the Federal Register at least 30 days revised Bid Adequacy Procedures prior inadvertently forgone the additional prior to the date of bid opening. Bid to, or in conjunction with, the Central cash bonus bid amounts it received opening currently is scheduled for upon the actual reoffering of those tracts Gulf of Mexico Planning Area Lease March 18, 2015. with rejected high bids. Ensuring that Sale 235 Final Notice of Sale in early 2015. SUPPLEMENTARY INFORMATION: The the American taxpayer receives fair and Proposed NOS for CPA Sale 235 and a appropriate value is an important goal Questions for Respondents Proposed NOS Package containing of the proposed procedural change. information essential to potential 1. Will removing the Number of Bids What concerns may exist about possibly bidders may be obtained from the Public Rule alter your typical bidding removing the Number of Bids Rule? Information Unit, Gulf of Mexico behavior? The removal of the Number of Bids Region, Bureau of Ocean Energy Rule eliminates reliance by BOEM on 2. What adverse effects do you Management, 1201 Elmwood Park certain competitive market forces in the envision from removing the Number of Boulevard, New Orleans, Louisiana determination of FMV in Phase 1. Bids Rule? 70123–2394. Telephone: (504) 736– However, BOEM will continue to 3. Can you offer any alternatives or 2519. The Proposed NOS and Proposed consider competitive market forces in refinements for ensuring receipt of FMV NOS Package also are available on making bid adequacy determinations that you deem superior to removing the BOEM’s Web site at http:// through application of the RAM in Number of Bids Rule? www.boem.gov/Sale-235/. Phase 2. Beginning in 2000, BOEM has Dated: October 14, 2014. Agency Contact: Robert Samuels, accepted through application of the Chief, Leasing Division, RAM criterion, approximately two- Walter D. Cruickshank, [email protected]. thirds of both the number and high bid Acting Director, Bureau of Ocean Energy amounts of Confirmed and Wildcat Management. Dated: October 14, 2014. Tracts with the following [FR Doc. 2014–24727 Filed 10–16–14; 8:45 am] Walter D. Cruickshank, characteristics: Received three or more BILLING CODE 4310–MR–P Acting Director, Bureau of Ocean Energy Qualified Bids, were passed to Phase 2, Management. and, had high bids less than the [FR Doc. 2014–24729 Filed 10–16–14; 8:45 am] applicable tract’s MROV. This finding BILLING CODE 4310–MR–P confirms that even without the Number

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INTERNATIONAL TRADE after importation of certain personal calendar days after the date of COMMISSION transporters, components thereof, and publication of this notice in the Federal manuals therefor. The amended Register. There will be further Notice of Receipt of Complaint; complaint names as respondents opportunities for comment on the Solicitation of Comments Relating to PowerUnion (Beijing) Tech Co. Ltd. of public interest after the issuance of any the Public Interest China; UPTECH Robotics Technology final initial determination in this Co., Ltd. of China; Beijing Universal AGENCY: U.S. International Trade investigation. Commission. Pioneering Robotics Co., Ltd. of China; Beijing Universal Pioneering Persons filing written submissions ACTION: Notice. Technology Co., Ltd. of China; Ninebot must file the original document electronically on or before the deadlines SUMMARY: Notice is hereby given that Inc. (China) of China; Ninebot Inc. the U.S. International Trade (USA) of Newark, DE; Shenzhen stated above and submit 8 true paper Commission has received an amended INMOTION Technologies Co., Ltd. of copies to the Office of the Secretary by complaint entitled Certain Personal China; Robstep Robot Co., Ltd. of China; noon the next day pursuant to section Transporters, Components Thereof, and FreeGo High-Tech Corporation Limited 210.4(f) of the Commission’s Rules of Manuals Therefor, DN 3032; the of China; Freego USA, LLC of Sibley, IA; Practice and Procedure (19 CFR Commission is soliciting comments on Tech in the City of Honolulu, HI; 210.4(f)). Submissions should refer to any public interest issues raised by the Roboscooters.com of Laurel Hill, NC; the docket number (‘‘Docket No. 3032’’) amended complaint or complainant’s and EcoBoomer Co. Ltd. of Malibu, CA. in a prominent place on the cover page filing under section 210.8(b) of the The complainant requests that the and/or the first page. (See Handbook for Commission’s Rules of Practice and Commission issue a general exclusion Electronic Filing Procedures, Electronic Procedure (19 CFR 210.8(b)). order, a limited exclusion order and Filing Procedures 4). Persons with FOR FURTHER INFORMATION CONTACT: Lisa cease and desist orders. questions regarding filing should R. Barton, Secretary to the Commission, Proposed respondents, other contact the Secretary (202–205–2000). U.S. International Trade Commission, interested parties, and members of the public are invited to file comments, not Any person desiring to submit a 500 E Street SW., Washington, DC document to the Commission in 20436, telephone (202) 205–2000. The to exceed five (5) pages in length, confidence must request confidential public version of the amended inclusive of attachments, on any public treatment. All such requests should be complaint can be accessed on the interest issues raised by the complaint Commission’s Electronic Document or section 210.8(b) filing. Comments directed to the Secretary to the Information System (EDIS) at EDIS,1 and should address whether issuance of the Commission and must include a full will be available for inspection during relief specifically requested by the statement of the reasons why the official business hours (8:45 a.m. to 5:15 complainant in this investigation would Commission should grant such p.m.) in the Office of the Secretary, U.S. affect the public health and welfare in treatment. See 19 CFR 201.6. Documents International Trade Commission, 500 E the United States, competitive for which confidential treatment by the Street SW., Washington, DC 20436, conditions in the United States Commission is properly sought will be telephone (202) 205–2000. economy, the production of like or treated accordingly. All nonconfidential General information concerning the directly competitive articles in the written submissions will be available for Commission may also be obtained by United States, or United States public inspection at the Office of the accessing its Internet server at United consumers. Secretary and on EDIS.5 In particular, the Commission is States International Trade Commission This action is taken under the (USITC) at USITC.2 The public record interested in comments that: authority of section 337 of the Tariff Act for this investigation may be viewed on (i) Explain how the articles of 1930, as amended (19 U.S.C. 1337), the Commission’s Electronic Document potentially subject to the requested Information System (EDIS) at EDIS.3 remedial orders are used in the United and of sections 201.10 and 210.8(c) of Hearing-impaired persons are advised States; the Commission’s Rules of Practice and that information on this matter can be (ii) identify any public health, safety, Procedure (19 CFR 201.10, 210.8(c)). or welfare concerns in the United States obtained by contacting the By order of the Commission. relating to the requested remedial Commission’s TDD terminal on (202) Issued: October 14, 2014. 205–1810. orders; (iii) identify like or directly Lisa R. Barton, SUPPLEMENTARY INFORMATION: The competitive articles that complainant, Secretary to the Commission. Commission has received an amended its licensees, or third parties make in the complaint and a submission pursuant to [FR Doc. 2014–24705 Filed 10–16–14; 8:45 am] United States which could replace the BILLING CODE 7020–02–P section 210.8(b) of the Commission’s subject articles if they were to be Rules of Practice and Procedure filed on excluded; behalf of Segway, Inc. and DEKA (iv) indicate whether complainant, Products Limited Partnership. The complainant’s licensees, and/or third amended complaint alleges violations of party suppliers have the capacity to section 337 of the Tariff Act of 1930 (19 replace the volume of articles U.S.C. 1337) in the importation into the potentially subject to the requested United States, the sale for importation, exclusion order and/or a cease and and the sale within the United States desist order within a commercially reasonable time; and 1 Electronic Document Information System (v) explain how the requested (EDIS): http://edis.usitc.gov. 4 Handbook for Electronic Filing Procedures: remedial orders would impact United _ _ 2 United States International Trade Commission http://www.usitc.gov/secretary/fed reg notices/ (USITC): http://edis.usitc.gov. States consumers. rules/handbook_on_electronic_filing.pdf. 3 Electronic Document Information System Written submissions must be filed no 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. later than by close of business, eight (EDIS): http://edis.usitc.gov.

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INTERNATIONAL TRADE Background FOR FURTHER INFORMATION CONTACT: COMMISSION On August 26, 2014, petitions were Megan M. Valentine, Office of the filed with the Commission and General Counsel, U.S. International [Investigation Nos. 701–TA–523 and 731– Trade Commission, 500 E Street SW., TA–1259 (Preliminary)] Commerce by Edsal Manufacturing Co., Inc., Chicago, Illinois, alleging that an Washington, DC 20436, telephone (202) industry in the United States is 708–2301. Copies of non-confidential Boltless Steel Shelving Units documents filed in connection with this Prepackaged for Sale From China materially injured or threatened with material injury by reason of LTFV and investigation are or will be available for Determinations subsidized imports of boltless steel inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the 1 shelving from China. Accordingly, On the basis of the record developed Office of the Secretary, U.S. in the subject investigations, the United effective August 26, 2014, the Commission instituted countervailing International Trade Commission, 500 E States International Trade Commission Street SW., Washington, DC 20436, (‘‘Commission’’) determines, pursuant duty investigation No. 701–TA–523 and antidumping duty investigation No. telephone (202) 205–2000. General to sections 703(a) and 733(a) of the information concerning the Commission Tariff Act of 1930 (19 U.S.C. 1671b(a) 731–TA–1259 (Preliminary). Notice of the institution of the may also be obtained by accessing its and 1673b(a)) (‘‘the Act’’), that there is Internet server at http://www.usitc.gov. a reasonable indication that an industry Commission’s investigations and of a public conference to be held in The public record for this investigation in the United States is materially may be viewed on the Commission’s injured by reason of imports from China connection therewith was given by posting copies of the notice in the Office electronic docket (EDIS) at http:// of boltless steel shelving units edis.usitc.gov. Hearing-impaired prepackaged for sale (‘‘boltless steel of the Secretary, U.S. International Trade Commission, Washington, DC, persons are advised that information on shelving’’), provided for in subheadings this matter can be obtained by 9403.10.00 and 9403.20.00 of the and by publishing the notice in the Federal Register of September 2, 2014 contacting the Commission’s TDD Harmonized Tariff Schedule of the terminal on (202) 205–1810. United States, that are alleged to be sold (79 FR 52040). The conference was held SUPPLEMENTARY INFORMATION: The in the United States at less than fair in Washington, DC, on September 16, Commission instituted this investigation value (‘‘LTFV’’) and that are allegedly 2014, and all persons who requested the on August 21, 2014, based on a subsidized by the Government of China. opportunity were permitted to appear in person or by counsel. Complaint filed by Enterprise Systems Commencement of Final Phase Technologies S.a.r.l. of Luxembourg Investigations The Commission transmitted its (‘‘Enterprise’’). 79 FR 49537–38 (Aug. determinations in these investigations to the 21, 2014). The Complaint alleges Pursuant to section 207.18 of the Secretary of Commerce on October 10, 2014. Commission’s rules, the Commission The views of the Commission are contained violations of section 337 of the Tariff also gives notice of the commencement in USITC Publication 4495 (October 2014), Act of 1930, as amended, 19 U.S.C. of the final phase of its investigations. entitled Boltless Steel Shelving Units 1337, in the importation into the United The Commission will issue a final phase Prepackaged for Sale from China. States, the sale for importation, and the notice of scheduling, which will be By order of the Commission. sale within the United States after importation of communications or published in the Federal Register as Issued: October 10, 2014. computing devices and components provided in section 207.21 of the Lisa R. Barton, thereof by reason of infringement of Commission’s rules, upon notice from Secretary to the Commission. the Department of Commerce certain claims of U.S. Patent Nos. [FR Doc. 2014–24650 Filed 10–16–14; 8:45 am] 5,870,610 (‘‘the ’610 patent’’); 6,594,366; (‘‘Commerce’’) of affirmative BILLING CODE 7020–02–P preliminary determinations in the 6,691,302 (‘‘the ’302 patent’’); and investigations under sections 703(b) or 7,454,201 (‘‘the ’201 patent’’). The 733(b) of the Act, or, if the preliminary Complaint further alleges the existence INTERNATIONAL TRADE of a domestic industry. The determinations are negative, upon COMMISSION notice of affirmative final Commission’s Notice of Investigation named several respondents, including determinations in those investigations [Investigation No. 337–TA–884] under sections 705(a) or 735(a) of the HTC Corporation of Taoyuan, Taiwan Act. Parties that filed entries of and HTC America, Inc. of Bellevue, Certain Consumer Electronics With Washington (collectively ‘‘HTC’’); LG appearance in the preliminary phase of Display and Processing Capabilities; the investigations need not enter a Electronics, Inc. of Seoul, Republic of Commission Determination Not to Korea, LG Electronics U.S.A., Inc. of separate appearance for the final phase Review an Initial Determination of the investigations. Industrial users, Englewood Cliffs, New Jersey, and LG Granting Intervenor Status to Google, Electronics MobileComm U.S.A., Inc. of and, if the merchandise under Inc. investigation is sold at the retail level, San Diego, California (collectively representative consumer organizations AGENCY: U.S. International Trade ‘‘LG’’); and Samsung Electronics Co., have the right to appear as parties in Commission. Ltd of Seoul, Republic of Korea, Commission antidumping and ACTION: Notice. Samsung Electronics America, Inc. of countervailing duty investigations. The Ridgefield Park, New Jersey, and Secretary will prepare a public service SUMMARY: Notice is hereby given that Samsung Telecommunications America, list containing the names and addresses the U.S. International Trade L.L.C. of Richardson, Texas (collectively of all persons, or their representatives, Commission has determined not to ‘‘Samsung’’). The Office of Unfair who are parties to the investigations. review the presiding administrative law Import Investigations was also named as judge’s (‘‘ALJ’’) initial determination a party to the investigation. 1 The record is defined in sec. 207.2(f) of the (‘‘ID’’) (Order No. 6) granting Google On August 28, 2014, Google moved to Commission’s Rules of Practice and Procedure (19 Inc.’s (‘‘Google’’) motion to intervene in intervene in the investigation with CFR § 207.2(f)). the above-captioned investigation. respect to the ’302, ’610, and ’201

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patents. The motion noted that none of INTERNATIONAL TRADE SUPPLEMENTARY INFORMATION: Section the named respondents opposed COMMISSION 337 of the Tariff Act of 1930 provides Google’s proposed intervention. On that if the Commission finds a violation [Investigation No. 337–TA–895] September 3, 2014, Enterprise filed a it shall exclude the articles concerned response to Google’s motion, indicating Certain Multiple Mode Outdoor Grills from the United States: that it does not oppose the motion given and Parts Thereof; Notice of Request unless, after considering the effect of such Google’s assurance that it will not object for Statements on the Public Interest exclusion upon the public health and to or oppose any discovery sought by welfare, competitive conditions in the United Enterprise on the basis of intervenor AGENCY: U.S. International Trade States economy, the production of like or status and on the condition that Google Commission. directly competitive articles in the United States, and United States consumers, it finds ACTION: Notice. participate fully in discovery as if it that such articles should not be excluded were a named respondent. On from entry. SUMMARY: Notice is hereby given that September 8, 2014, the Commission the presiding administrative law judge 19 U.S.C. 1337(d)(1). A similar investigative attorney filed a response has issued a Final Initial Determination provision applies to cease and desist indicating no opposition to Google’s and Recommended Determination on orders. 19 U.S.C. 1337(f)(1). motion. Remedy and Bonding in the above- The Commission is interested in On September 9, 2014, the ALJ issued captioned investigation. The further development of the record on the subject ID, granting intervenor status Commission is soliciting comments on the public interest in these to Google pursuant to section 210.19 of public interest issues raised by the investigations. Accordingly, members of the Commission’s Rules of Practice and recommended relief, specifically a the public are invited to file Procedure (19 CFR 210.19). The ALJ limited exclusion order and/or cease submissions of no more than five (5) found that Google’s motion is timely and desist orders against certain pages, inclusive of attachments, and that Google has an interest in the infringing multiple mode outdoor grills concerning the public interest in light of investigation because Google products and parts thereof imported by The the administrative law judge’s and services are identified in the Brinkmann Corporation of Dallas; Recommended Determination on Remedy and Bonding issued in this Complaint in connection with the Texas; Outdoor Leisure Products, investigation on October 9, 2014. accused devices of HTC, LG, and Incorporated of Neosho, Missouri; Comments should address whether Samsung. The ALJ also noted that the Academy Ltd., d/b/a/Academy Sports + issuance of a limited exclusion order interests of those respondents will be Outdoors of Katy, Texas; Dongguan Kingsun Enterprises Co., Ltd. of Hengli and/or a cease and desist order in this centered on their own respective Town, Dongguan City, China; and investigation would affect the public accused devices rather than on the Ningbo Huige Outdoor Products Co. of health and welfare in the United States, particularities of the Android platform Fenghua City, Zhejiang Province, China; competitive conditions in the United or Google’s proprietary products and Char-Broil, LLC of Columbus, Georgia; States economy, the production of like services. The ALJ found, therefore, that and Keesung Manufacturing Co., Ltd. of or directly competitive articles in the denying Google the opportunity to Guangzhou 511475, China. This notice United States, or United States intervene could impair or impede is soliciting public interest comments consumers. Google’s ability to protect its interest from the public only. Parties are to file In particular, the Commission is which would not be adequately public interest submissions pursuant to interested in comments that: represented by the existing parties. The 19 CFR 210.50(a)(4). (i) Explain how the articles potentially subject to the recommended ALJ further found no evidence that FOR FURTHER INFORMATION CONTACT: Google’s intervention will unduly delay orders are used in the United States; Cathy Chen, Office of the General (ii) identify any public health, safety, or prejudice the adjudication of the Counsel, U.S. International Trade original parties’ rights. or welfare concerns in the United States Commission, 500 E Street SW., relating to the recommended orders; No petitions for review of the subject Washington, DC 20436, telephone (202) (iii) identify like or directly ID were filed. 205–2392. The public version of the competitive articles that complainant, complaint can be accessed on the The Commission has determined not its licensees, or third parties make in the Commission’s electronic docket (EDIS) to review the ID. United States which could replace the at http://edis.usitc.gov. and will be subject articles if they were to be The authority for the Commission’s available for inspection during official excluded; determination is contained in section business hours (8:45 a.m. to 5:15 p.m.) (iv) indicate whether complainant, 337 of the Tariff Act of 1930, as in the Office of the Secretary, U.S. complainant’s licensees, and/or third amended (19 U.S.C. 1337), and in Part International Trade Commission, 500 E party suppliers have the capacity to 210 of the Commission’s Rules of Street SW., Washington, DC 20436, replace the volume of articles Practice and Procedure (19 CFR part telephone (202) 205–2000. potentially subject to the recommended 210). General information concerning the exclusion order and/or a cease and By order of the Commission. Commission may also be obtained by desist order within a commercially accessing its Internet server (http:// Issued: October 10, 2014. reasonable time; and www.usitc.gov). The public record for (v) explain how the limited exclusion Lisa R. Barton, this investigation may be viewed on the order and/or cease and desist order Secretary to the Commission. Commission’s electronic docket (EDIS) would impact consumers in the United [FR Doc. 2014–24638 Filed 10–16–14; 8:45 am] at http://edis.usitc.gov. Hearing- States. BILLING CODE 7020–02–P impaired persons are advised that Written submissions must be filed no information on this matter can be later than by close of business on obtained by contacting the Wednesday, November 5, 2014. Commission’s TDD terminal on (202) Persons filing written submissions 205–1810. must file the original document

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electronically on or before the deadlines 3. Ratification List. Issued: October 15, 2014. stated above and submit 8 true paper 4. Vote in Inv. Nos. 731–TA–1229 and William R. Bishop, copies to the Office of the Secretary by 1230 (Final) (Monosodium Glutamate Supervisory Hearings and Information noon the next day pursuant to section from China and Indonesia). The Officer. 210.4(f) of the Commission’s Rules of Commission is currently scheduled to [FR Doc. 2014–24892 Filed 10–15–14; 4:15 pm] Practice and Procedure (19 CFR complete and file its determinations and BILLING CODE 7020–02–P 210.4(f)). Submissions should refer to views of the Commission on November the investigation number (‘‘Inv. No. 4, 2014. 895’’) in a prominent place on the cover 5. Vote in Inv. Nos. 701–TA–505 and page and/or the first page. (See 731–TA–1231, 1232, 1235, and 1237 DEPARTMENT OF LABOR Handbook for Electronic Filing (Final) (Grain-Oriented Electrical Steel Comment Request for Information Procedures, http://www.usitc.gov/ from China, Czech Republic, Korea, and _ _ Collection for the Evaluation of the secretary/fed reg notices/rules/ Russia). The Commission is currently _ _ _ Youth CareerConnect Grant Program, handbook on electronic filing.pdf). scheduled to complete and file its New Collection Persons with questions regarding filing determinations and views of the should contact the Secretary, (202) 205– Commission on November 4, 2014. 2000. AGENCY: Office of the Assistant Any person desiring to submit a 6. Outstanding action jackets: none. Secretary for Policy, Department of document to the Commission in In accordance with Commission Labor. confidence must request confidential policy, subject matter listed above, not ACTION: Notice. treatment. All such requests should be disposed of at the scheduled meeting, directed to the Secretary to the may be carried over to the agenda of the SUMMARY: The Department of Labor, as Commission and must include a full following meeting. part of its continuing effort to reduce statement of the reasons why the By order of the Commission. paperwork and respondent burden, Commission should grant such Issued: October 15, 2014. conducts a preclearance consultation treatment. See 19 CFR 201.6. Documents William R. Bishop, program to provide the general public for which confidential treatment by the Supervisory Hearings and Information and federal agencies with an Commission is properly sought will be Officer. opportunity to comment on proposed treated accordingly. A redacted non- [FR Doc. 2014–24894 Filed 10–15–14; 4:15 pm] and/or continuing collections of confidential version of the document BILLING CODE 7020–02–P information in accordance with the must also be filed simultaneously with Paperwork Reduction Act of 1995 the any confidential filing. All non- (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This confidential written submissions will be INTERNATIONAL TRADE program helps to ensure that requested available for public inspection at the COMMISSION data can be provided in the desired Office of the Secretary and on EDIS. format, reporting burden (time and This action is taken under the [USITC SE–14–035] financial resources) is minimized, authority of section 337 of the Tariff Act collection instruments are clearly of 1930, as amended (19 U.S.C. 1337), Government in the Sunshine Act understood, and the impact of collection and of sections 201.10 and 210.50 of the Meeting Notice requirements on respondents is properly Commission’s Rules of Practice and assessed. Currently, the Department of Procedure (19 CFR 201.10, 210.50). AGENCY HOLDING THE MEETING: United Labor is soliciting comments concerning By order of the Commission. States International Trade Commission. the collection of data about the Evaluation of the Youth CareerConnect Issued: October 10, 2014. TIME AND DATE: October 22, 2014 at 9:00 Lisa R. Barton, (YCC) Grant Program [SGA/DFA PY– a.m. 13–01]. A copy of the proposed Secretary to the Commission. PLACE: Room 101, 500 E Street SW., Information Collection Request (ICR) [FR Doc. 2014–24642 Filed 10–16–14; 8:45 am] Washington, DC 20436, Telephone: can be obtained by contacting the office BILLING CODE 7020–02–P (202) 205–2000. listed in the addressee section of this STATUS: Open to the public. notice. INTERNATIONAL TRADE MATTERS TO BE CONSIDERED: DATES: Written comments must be COMMISSION 1. Agendas for future meetings: none. submitted to the office listed in the [USITC SE–14–036] 2. Minutes. addressee’s section below on or before December 7, 2014. 3. Ratification List. Government in the Sunshine Act ADDRESSES: You may submit comments Meeting Notice 4. Vote in Inv. No. 731–TA–1012 (Second Review) (Certain Frozen Fish by either one of the following methods: Email: [email protected]; AGENCY HOLDING THE MEETING: United Fillets from Vietnam). The Commission States International Trade Commission. is currently scheduled to complete and Mail or Courier: Chief Evaluation Office, OASP, U.S. Department of Labor, Room TIME AND DATE: October 23, 2014 at file its determinations and views of the Commission on October 30, 2014. S–2312, 200 Constitution Avenue NW., 11:00 a.m. Washington, DC 20210. PLACE: Room 101, 500 E Street SW., 5. Outstanding action jackets: none. Washington, DC 20436, Telephone: In accordance with Commission FOR FURTHER INFORMATION CONTACT: (202) 205–2000. policy, subject matter listed above, not Molly Irwin by telephone at 202–693– 5091 (this is not a toll-free number) or STATUS: Open to the public. disposed of at the scheduled meeting, may be carried over to the agenda of the by email at ChiefEvaluationOffice@ MATTERS TO BE CONSIDERED: dol.gov. 1. Agendas for future meetings: none. following meeting. 2. Minutes. By order of the Commission. SUPPLEMENTARY INFORMATION:

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I. Background active consent will be obtained from a II. Review Focus parent, guardian, or other adult who has The proposed information collection Currently, DOL is soliciting comments responsibility for students in sites activities described in this notice will concerning the above data collection for recruited for the impact study. provide data for an impact and the evaluation of YCC. DOL is Additionally, students for whom written implementation evaluation of the Youth particularly interested in comments that parental consent has been obtained will CareerConnect program. In spring 2014, do the following: be asked to assent to data collection. the Employment and Training • Evaluate whether the proposed Administration (ETA) in the U.S. (2) Baseline Information Forms (BIFs) collection of information is necessary Department of Labor (DOL) awarded a will be completed by students and for the proper performance functions of total of $107 million to 24 grantees to parents. The student BIF will collect the agency, including whether the implement the YCC program. The information on experiences at school, information will have practical utility; program is a high school based initiative behavior in school, activities, • Evaluate the accuracy of the aimed at improving students’ college employment experience, and plans for agency’s burden estimate of the and career readiness in particular future education. The parent BIF will proposed information collection, employment sectors. The programs are collect information on household including the validity of the redesigning the high school experience characteristics and education methodology and assumptions used; through partnerships with colleges and expectations for their children. BIFs will • Enhance the quality, utility, and employers to provide skill-developing also provide detailed contact clarity of the information to be and work-based learning opportunities information to be used to locate collected; and to help students prepare for jobs in participants for the follow-up survey. • Minimize the burden of the high-demand occupations. Whenever possible, BIFs will be collection of information on those who The evaluation will address three integrated into the application process are to respond, including through the main research questions: (1) What was to limit respondent burden. the impact of the YCC programs on use of appropriate automated, (3) Grantee survey. A grantee survey electronic, mechanical, or other students’ short-term outcomes? (2) How will provide information about all were the YCC programs implemented? technological collection techniques or grantees funded for YCC programs. It other forms of information technology and (3) Did the effectiveness of YCC will collect details on service delivery programs vary by student and grantee (for example, permitting electronic models, staffing, staff development, submissions of responses). characteristics? The impact study will partnerships, and the implementation of employ a randomized controlled trial the main program elements. III. Current Actions (RCT) to estimate program effectiveness and will be carried out in a subset of (4) Site visit protocols. Site visits will At this time, DOL is requesting YCC grantees. The implementation occur at three points in time and will clearance for the parental consent and study will draw on data gathered from collect information on program design, student assent forms, student and parent all YCC grantees. implementation, and challenges, as well BIFs, grantee surveys, and site visit This Federal Register Notice provides as how program models change over protocols. the opportunity to comment on four time. Type of Review: New collection. proposed data collection instruments A future information collection Title: Youth Career Connect (YCC) that will be used in the YCC evaluation: request will include a 36-month follow grant program. (1) Parental consent and student up survey of members of the treatment OMB Number: OMB Control Number assent forms. For the impact study, and control groups. 1205–0NEW.

ESTIMATED TOTAL BURDEN HOURS

Average Number of Number of burden time Total burden Respondents respondents responses per per response hours respondent (minutes)

Consent, Assent, and Baseline Enrollment Forms Students (including assent) ...... a 4,000 1 18 1,200 Parents (including consent) ...... a 4,000 1 10 667 YCC Staff ...... b 50 80 5 333 Grantee Survey and Site Visits Grantee survey ...... 24 2 30 24 Site visits: Round 1: Staff ...... c 170 1 60 170 Students ...... c 60 1 60 60 Round 2: Staff ...... c 170 1 30 85 Students ...... c 60 1 60 60 Round 3: Staff ...... c 170 1 30 85 Students ...... c 60 1 60 60 Total ...... 8,764 90 ...... 2,744 a The figures correspond to 200 treatment and 200 control group students in each of 10 study sites. b The figures assume 5 staff members at each of 10 sites. c Assumes 17 staff and 6 students are interviewed at each of 10 sites.

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Affected Public: Students and parents (MCC) is publishing a summary of the Compact will help set the foundation for applying for YCC program, YCC Millennium Challenge Compact lasting economic growth and poverty program staff, and students in YCC between the United States of America, reduction. program. acting through the Millennium 2. Background Form(s): Total annual respondents: Challenge Corporation, and the 4,000 students; 4,000 parents; and 244 Republic of El Salvador. Representatives This Compact will build on GoES staff. of the United States Government and El reforms and initiatives and is informed Annual Frequency: One time for the Salvador executed the Compact by consultations with over 200 consent, assent, and BIFs, one time for documents on September 30, 2014. The businesses. First, the Compact will each round of site visits, and two times complete text of the Compact has been invest in the institutional capital of El for the grantee survey. posted at http://www.mcc.gov/ Salvador in order to enhance the Comments submitted in response to documents/agreements/compact- investment climate by streamlining the this comment request will be 112906-elsalvador.pdf. regulatory environment and supporting summarized and/or included in the Dated: October 14, 2014. the implementation of public-private request for Office of Management and Thomas G. Hohenthaner, partnerships. Second, the Compact will Budget approval of the information support policy reforms and invest in collection request; they will also Acting Vice President and General Counsel, Millennium Challenge Corporation. human capital to improve education become a matter of public record. quality and better match workforce Dated: October 8, 2014. Summary of Millennium Challenge skills with the demands of the labor James H. Moore, Jr., Compact With the Republic of El market. Third, the Compact will invest Deputy Assistant Secretary for Policy, U.S. Salvador in physical capital to reduce logistics Department of Labor. 1. Overview and transportation costs by improving [FR Doc. 2014–24676 Filed 10–16–14; 8:45 am] key road segments and border infrastructure in major transport BILLING CODE 4510–23–P The Millennium Challenge Corporation (‘‘MCC’’) has signed a five- corridors. year, $277 million compact with the The Compact’s three projects MILLENNIUM CHALLENGE Republic of El Salvador aimed at represent a total investment of $365.2 CORPORATION reducing poverty and accelerating million, of which MCC will contribute economic growth (the ‘‘Compact’’). The $277 million, and the GoES will commit [MCC FR 14–08] Compact is intended to assist the $88.2 million—a 32 percent matching Government of El Salvador (‘‘GoES’’) to contribution that is well above the 15 Notice of Entering Into a Compact With strengthen the investment climate, percent country contribution required the Republic of El Salvador enhance the role of public-private for second compacts with lower-middle AGENCY: Millennium Challenge partnerships in delivering key services, income countries. and improve the country’s productivity Corporation. 3. Program Overview and Budget ACTION: Notice. and competitiveness in international markets. Through intensive policy Below is a summary describing the SUMMARY: In accordance with Section reforms and an integrated set of components of the Compact. The budget 610(b)(2) of the Millennium Challenge investments in the institutional capital, and expected impacts are preliminary Act of 2003 (22 U.S.C. 7701–7718), the human capital, and physical capital of based on due diligence and project Millennium Challenge Corporation El Salvador, MCC expects that the appraisal.

COMPACT BUDGET OVERVIEW

Portion of Project MCC GoES Total budget Funding Funding investment (percent)

Millions of US$

Investment Climate Project ...... 42.4 50.0 92.4 25.3 Human Capital Project ...... 100.7 15.0 115.7 31.7 Logistical Infrastructure Project ...... 109.6 15.7 125.3 34.3 Monitoring and Evaluation ...... 4.3 ...... 4.3 1.2 Program Administration ...... 20.0 7.5 27.5 7.5

Total ...... $277.0 $88.2 $365.2 100

4. Summary of Projects and Activities infrastructure to increase productivity, private sector through the following two but tight fiscal constraints and weak activities: Investment Climate Project institutional capacity limit the ability of • The Regulatory Improvement The constraints to economic growth the GoES to provide such infrastructure. Activity will prioritize and promote analysis and consultations with The Investment Climate Project seeks to investment climate reforms with the investors identified excessive ‘‘red tape’’ address these deficiencies in El goal of creating a more efficient and and discretionary application of rules as Salvador’s investment climate by profitable business environment. MCC negatively affecting the investment improving the regulatory environment will support the development of an climate in El Salvador. Firms also and the GoES’s capacity to provide key institutional framework and system, identified the need for key public public services in partnership with the including an independent institution

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focused on continuous regulatory investment and will contribute up to of teachers and students. The activity improvement and the prioritization and $50 million to the ESIC during the term will also strengthen the capacity of the implementation of a select set of of the Compact. TVET system for identifying labor reforms. The reforms will focus on areas The estimated economic rate of return market trends that will inform the critical to El Salvador’s competitiveness (‘‘ERR’’) for the Investment Climate strategic direction of the TVET system, in international markets and may Project is 18.56 percent, using a including the establishment of a include trade facilitation, border weighted estimate of the calculated monitoring and evaluation (‘‘M&E’’) crossing and customs procedures, ERRs for each activity. framework and a labor market environmental permitting, and Human Capital Project observatory. harmonization of municipal and The estimated ERR for the Human national regulations. The regulatory The quality of education in El improvement institution will also Salvador is below what the country Capital Project is 11.35 percent. requires to be competitive in world consider the extent to which regulations Logistical Infrastructure Project can be improved to reduce the potential markets. The Human Capital Project is for corruption. In designing and designed to improve the quality of The constraints analysis identified implementing reforms, the institution education and to better match the transportation and logistics as main will ensure that the proposed reforms supply of skills of students coming out factors contributing to the productivity are consistent with the GoES’s of secondary school with the demand of and competitiveness of Salvadoran obligations under international trade a labor market oriented towards exports. Consultations with businesses international trade. The project consists and investment agreements, including during Compact development also the Dominican Republic-Central of the following two activities: • The Education Quality Activity highlighted certain transportation and America Free Trade Agreement. As part supports complementary interventions logistics deficiencies, including the of the activity, the GoES will commit to to provide Salvadoran students the need to expand and rehabilitate key review, simplify and potentially benefits of competency-based education, road segments in the coastal zone of El eliminate regulations early in the increased classroom time, teachers Salvador. The Logistical Infrastructure Compact implementation process. Such trained in requisite subject-matters and Project is comprised of two activities concrete demonstrations of high level pedagogical skills, and an institutional designed to reduce logistical and commitment to the reform process will and physical environment conducive to transportation costs and relieve be necessary to achieve a dramatic learning. MCC’s investment will bottlenecks at critical sections along the change in the perceptions of the strengthen the national education logistical corridor that connects the business climate in El Salvador. system by reforming the laws, policies, main border crossing with Honduras at • The Partnership Development and operations that govern continuous El Amatillo, the Ports of La Union and Activity seeks to enable the GoES to professional development for teachers, Acajutla, and the international airport: partner with private enterprise in student assessment, and information • The Coastal Highway Expansion innovative ways to provide critical systems. The activity will strengthen Activity seeks to relieve congestion at public services in the face of tight fiscal and expand the implementation of the the most transited segment (27 constraints. The GoES has recently full-time inclusive school model, which kilometers) of El Salvador’s coastal passed several laws to facilitate private increases classroom time from 25 to 40 investment and trade. Most notably, the hours per week, in an estimated 400 highway by expanding this road from GoES legislature unanimously passed a schools grouped in 45–55 clusters, two to four lanes. The coastal highway law in May 2013 and subsequent focusing resources on grades 7–12. The is one of the two most important reforms in May 2014 to facilitate public- curriculum improvement component logistical corridors in the country and private partnerships (‘‘PPPs’’) in the will focus on English, mathematics, connects the country’s major logistical provision of key public services. MCC science and information technology, nodes along the Southern coastal zone will invest in capacity building to and other 21st century skills. of the country, including its two sea properly develop, implement, and • The Technical, Vocational ports (La Union and Acajutla) and the monitor such partnerships under this Education and Training (‘‘TVET’’) international airport. law. MCC will make available funding System Reform Activity seeks to • The Border Crossing Infrastructure for transaction advisory services to harmonize the skills supplied by private Activity seeks to relieve the freight and develop and tender PPPs for two key and public TVET providers with the passenger traffic congestion at the infrastructure projects. Projects skills demanded by the labor market. border crossing into Honduras at El currently under review are the The activity will strengthen the national Amatillo by improving a 5.7 kilometer expansion of the El Salvador TVET governance system by supporting road leading to the border and International Airport and a wind farm. legal, policy, and operational reforms modernizing the border-crossing MCC and the GoES are also sponsoring within the system. MCC will support facilities on the Salvadoran side. MCC the establishment of a public entity the El Salvador Investment Challenge will invest in the construction of control (‘‘ESIC’’), a program to more efficiently governed by a board comprised of an stations at the border, including and transparently allocate limited GoES equal number of public and private buildings, internal access and resources to public goods needed to sector representatives to provide the connecting roads, parking areas, water support private investment in the legal and institutional framework for an and sanitation, and other infrastructure international trade of goods and integrated TVET system. The activity services. The ESIC generated 74 will also fund TVET curricula components that may be necessary for investment project proposals in its development with participation from the effective functioning of these initial call for proposals, of which 13 are the private sector, career counseling, stations. being evaluated for the next phase of and job-matching services. It will also The estimated ERR for the Logistical development. The GoES plans to fund the establishment of a framework Infrastructure Project is 20.31 percent, institutionalize the ESIC as an and standards for accreditation of TVET using a weighted estimate of the instrument for attracting private training organizations and certification calculated ERRs for each activity.

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5. Program Logic, Expected Results, and beneficiaries of the project include Electrification: An estimated 35,412 Beneficiaries students who do not attend a full-time households now have electricity in their In order for El Salvador to be inclusive school but receive increased homes, thanks to the installation of new competitive and raise productivity in incomes as a result of improved quality power lines and solar power systems, internationally-traded goods and of education that result from the helping to increase the percentage of services, the factors of production in El implementation of reforms at the households with electricity connections Salvador must be competitive on world national level. Communities may also in the Northern Zone from 78 percent in markets. Those factors include human experience reductions in crime as a 2007 to 90 percent in 2011. capital, physical capital, and often result of the full-time inclusive school Water and Sanitation: MCC funded logistics/transportation. The model, due to increased permanence in about 272 kilometers of water pipes as institutional environment can also affect school and lowered social vulnerability part of the 2006 Compact’s investment productivity. As a result, the Compact of students. in water and basic sanitation that takes a multi-pronged approach to The beneficiaries for the Logistical helped connect 7,624 households to enhance El Salvador’s competitiveness Infrastructure Project are the estimated potable water. in these factors of productivity. 171,159 individuals living within five Education: MCC funded the By streamlining the business kilometers of either side of the project construction of a new technical environment, improving the quality of sites. Because of the nature of the community college, improvements to a education, and reducing transportation activities as key logistical thoroughfares, teacher training center, and the and logistics costs, MCC’s investments benefits in the form of reduced vehicle expansion and rehabilitation of 20 high are intended to increase the operating costs and travel time are schools. The rehabilitation of the high productivity of current firms involved expected to accrue to individuals and schools alone is expected to benefit in the trade of international goods and firms that travel along those corridors. more than 9,700 students every year. • Productive Development Project: services, which is expected to increase 6. 2006 El Salvador Compact Update MCC funding assisted an estimated current production (and subsequently, and Sustainability Information employment). Firms are then expected 17,500 producers through the provision to invest new revenues in more In November 2006, the Millennium of training, seeds, equipment, and productive technology to realize greater Challenge Corporation signed a five- technical assistance. The project returns on future production. Higher year, $460.94 million compact (the provided 30 loans to small and medium- employment and output are expected ‘‘2006 Compact’’) with the GoES to sized businesses in the Northern Zone over time through this self-reinforcing improve the economic opportunities of to develop new or expand investments feedback loop which is enabled by Salvadorans through strategic in the agriculture, tourism and greater productivity in traded goods and investments in agricultural production, handicrafts value chains. These loans services. rural business development, education, totaled $5.7 million, of which The expected beneficiaries of the and transportation infrastructure. The approximately 20 percent went to Regulatory Improvement Activity are 2006 Compact consisted of the women-owned businesses. the firms operating in El Salvador following three projects: Sustainability: (currently more than 25,000) that will 1. The Connectivity Project, to reduce Although no contribution was experience cost savings as a result of travel cost and time within the Northern required from El Salvador during the regulatory reforms. The potential Zone, implementation of the 2006 Compact, expansion of the El Salvador 2. The Human Development Project, the GoES contributed substantially in International Airport under the to increase the human and physical parallel to the Compact to enhance the Partnership Development Activity is capital of residents of the Northern Zone success of the program. expected to decrease delays and travel and further employment and business The Connectivity Project: In the final costs for travelers, while the wind farm opportunities, and year of compact implementation (2012), project would increase the GoES’s 3. The Productive Development the GoES also carried out two road ability to attract investment for Project, to increase production and maintenance reforms, increasing annual renewable energy. The beneficiaries of employment through technical road maintenance funding by about $26 the ESIC are expected to be those firms assistance, credit guarantees, and capital million (∼37% increase). At the end of whose proposals are selected for grant investments. the five years, the GoES allocated an funding, workers who realize net The 2006 Compact entered into force additional $13 million to complete two income gains associated with on September 20, 2007 and closed on remaining segments of the Northern employment as a result of the projects, September 20, 2012. Transnational Highway. During the and third parties who benefit from the Key Achievements of the Compact are four-month closure period, all activities public investment. as follows: under the 2006 Compact were MCC expects the Human Capital • Connectivity Project: A total of successfully completed. Project to directly benefit students in 223.32 kilometers of road, including The Human Development Project’s grades 7–12 in general and technical three large bridges, and 20 smaller activities were extensions of existing education, who realize higher incomes bridges were constructed in northern El GoES programs, built on the National as a result of more years of education. Salvador to help improve connectivity Plan for Education 2021 and designed to In particular, the project is expected to for farmers and local producers with the strengthen and install permanent contribute to preventing or postponing rest of the country. This east-west road capacities in key Salvadoran ministries the dropout of approximately 176,000 in the north stretches close to the and institutions. In addition, the students. Direct beneficiaries of the borders with Guatemala to the west and Ministry of Education agreed to fund TVET System Reform Activity are Honduras to the east, and the infrastructure and equipment expected to be TVET students who improvements have reduced travel time maintenance and continued an receive higher incomes as a result of across the Northern Zone from 12 hours agreement with the Gloria de Kriete receiving skills that are better matched to 6.5 hours. Foundation to fund scholarship for to labor market needs. Additional • Human Development Project: secondary education through 2014.

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The Productive Development Project Information Exchange Needs, Issues, the-press-office/presidential- was designed to transition producers to and Approaches. memorandum-unleashing-wireless- higher-profit activities, generate new broadband-revolution), released on June investment, expand markets and sales, FOR FURTHER INFORMATION CONTACT: 14, 2013, directed the implementation and create new jobs in ways that Wendy Wigen at 703–292–4873 or of ‘‘policies for sharing with authorized stimulate sustainable economic growth [email protected]. Individuals who use a non-federal parties of classified, and poverty reduction. Actions telecommunications device for the deaf sensitive, or proprietary data regarding accomplished to ensure sustainability of (TDD) may call the Federal Information assignments, utilization of spectrum, investments made under the Productive Relay Service (FIRS) at 1–800–877–8339 system configurations, business plans, Development Project included the between 8 a.m. and 8 p.m., Eastern time, and other information’’. The establishment of contracts between Monday through Friday. Presidential Council of Advisors on beneficiaries and supported DATES: October 21, 2014. Science and Technology (PCAST) cooperatives and major retailers for the SUMMARY: Representatives from Federal released a report (http:// purchase of horticulture and dairy research agencies, private industry, and www.whitehouse.gov/sites/default/files/ products. The Ministry of Agriculture academia will identify R&D in the area microsites/ostp/pcast_spectrum_report_ also incorporated the project’s of spectrum data requirements that will final_july_20_2012.pdf) in July 2012 beneficiaries into its national Family promote progress toward more efficient that advocated setting up Spectrum Agriculture Plan, its signature spectrum utilization and sharing. Access System (SAS) databases, with a agriculture extension service aimed at SUPPLEMENTARY INFORMATION: uniform interface analogous to the improving the profitability of individual Overview Internet’s Domain Naming System and small and medium-sized producers. (DNS), to provide federal information Environmental and Social The Wireless Spectrum Research and and access restrictions. Sustainability: Development Senior Steering Group Over the past three years, the WSRD As part of an effort to ensure (WSRD SSG) will hold its next has held a series of workshops that environmental and social sustainability, workshop, Federal-Commercial addressed the challenge defined in these all Projects included consultations with Spectrum Data: Understanding documents. Information gathered from the public regarding various aspects of Information Exchange Needs, Issues, this workshop will be instrumental in their implementation. The design of the and Approaches, on October 21, from helping the WSRD SSG develop Projects, including their major activities, 8:30 a.m.–5:30 p.m., at the National recommendations that will be released was included in a strategic Science Foundation, 4201 Wilson Blvd. in a workshop report prepared for the environmental assessment that was Room I–1235, Arlington, VA. Dynamic Office of Science and Technology completed prior to implementation. The information sharing and management Policy. sustainability of the projects was also creates innovative opportunities in Submitted by the National Science many areas including network and enhanced by the institutional capacity Foundation for the National business intelligence, devices, building and training in environmental Coordination Office (NCO) for applications, public safety operations management acquired through the close Networking and Information and security; but developing the next cooperation among the environmental Technology Research and Development generation of spectrum management units of the implementing agencies, the (NITRD) on October 14, 2014. tools is complex. It requires consensus Millennium Challenge Account (MCA), among stakeholders on several Suzanne H. Plimpton, and MCC. The Salvadoran Ministry of important issues such as: The purpose Reports Clearance Officer, National Science Environment (MARN) received Compact of collecting and sharing information, Foundation. funding support to offset the additional the type and minimal amount of data [FR Doc. 2014–24741 Filed 10–16–14; 8:45 am] regulatory costs associated with the needed, how to get it into the SAS, the BILLING CODE 7555–01–P Projects. Over the course of the necessary level of security, and Compact, collaboration improved enforcement. between MARN and the environment The NTIA and the FCC are increasing NATIONAL SCIENCE FOUNDATION units of the implementing agencies. their efforts to identify and make The GoES and private sector and civil available new spectral bands with the Advisory Committee for Computer and society organizations have consistently understanding that this will necessitate Information Science and Engineering: worked to ensure the sustainability of the use of spectrum sharing techniques. Notice of Meeting the 2006 Compact and we expect them To ensure success, it is critical to first In accordance with the Federal to continue to support these determine the spectrum data investments going forward. Advisory Committee Act (Pub. L. 92– requirements of the stakeholders in 463, as amended), the National Science [FR Doc. 2014–24773 Filed 10–16–14; 8:45 am] order to create new policy and develop Foundation (NSF) announces the BILLING CODE 9211–03–P new techniques and procedures for following meeting: dynamic spectrum usage. The event Name: Advisory Committee for agenda and information about the Computer and Information Science and NATIONAL SCIENCE FOUNDATION webcast will be available the week of Engineering (CISE) (1115). the event at: http://www.nitrd.gov/ Date/Time: November 13, 2014: 12:30 Federal-Commercial Spectrum Data; nitrdgroups/index.php?title=Wireless_ p.m. to 5:30 p.m., November 14, 2014: Workshop Spectrum_Research_and_Development_ 8:30 a.m. to 12:30 p.m. (WSRD)#title Place: National Science Foundation, AGENCY: The National Coordination 4201 Wilson Boulevard, Suite 1235, Background Office (NCO) for Networking and Arlington, Virginia 22230. Information Technology Research and The Presidential Memorandum, Type of Meeting: Open. Development (NITRD). Presidential Memorandum on Contact Person: Carmen Whitson, ACTION: Notice—Federal-Commercial Unleashing the Wireless Broadband National Science Foundation, 4201 Spectrum Data: Understanding Revolution (http://www.whitehouse.gov/ Wilson Boulevard, Suite 1105,

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Arlington, Virginia 22230; Telephone I. Introduction 4. The Secretary shall arrange for 703/292–8900. On October 8, 2014, the Postal Service publication of this order in the Federal Purpose of Meeting: To advise NSF on filed notice that it has agreed to a Register. the impact of its policies, programs and Modification to the existing Global By the Commission. activities on the CISE community. To Reseller Expedited Package Contracts 4 Shoshana M. Grove, provide advice to the Assistant Director negotiated service agreement approved Secretary. for CISE on issues related to long-range 1 in this docket. In support of its Notice, [FR Doc. 2014–24693 Filed 10–16–14; 8:45 am] planning, and to form ad hoc the Postal Service includes a redacted BILLING CODE 7710–FW–P subcommittees and working groups to copy of the Modification and a carry out needed studies and tasks. certification of compliance with 39 Agenda: U.S.C. 3633(a), as required by 39 CFR Overview and update of CISE budget 3015.5. Id. Attachments 1 and 2. SECURITIES AND EXCHANGE and activities The Postal Service also filed the COMMISSION Working group breakout session: unredacted Modification and supporting [Release No. IC–31281; File No. 812–14226] Growing number of students enrolled in financial information under seal. The computer science and engineering Postal Service seeks to incorporate by SunAmerica Series Trust, et al.; Notice courses reference the Application for Non- of Application Presentation and discussion of the Public Treatment originally filed in this CISE Committee of Visitors report docket on August 8, 2014 for the October 10, 2014. Panel discussion on data science protection of information that it has AGENCY: Securities and Exchange activities filed under seal. Id. at 1–2. Commission (‘‘Commission’’). Discussion with NSF Director, Dr. The Modification replaces Annexes 1 ACTION: Notice of application pursuant France Co´rdova and 2 of the agreement. Annex 1 is to Section 6(c) of the Investment Closing remarks and wrap-up. Prices for Priority Mail Express Company Act of 1940, as amended (the Dated: October 10, 2014. International and Priority Mail ‘‘1940 Act’’ or ‘‘Act’’), seeking Suzanne Plimpton, International Tendered within Specific exemptions from Sections 9(a), 13(a), 3 Digit ZIP Codes. Annex 2 is Prices for Acting, Committee Management Officer. 15(a) and 15(b) of the 1940 Act and Priority Mail Express International and Rules 6e–2(b)(15) and 6e–3(T)(b)(15) [FR Doc. 2014–24691 Filed 10–16–14; 8:45 am] Priority Mail International Tendered thereunder. BILLING CODE 7555–01–P from all ZIP Codes other than those Specified in Annex 1. Applicants: SunAmerica Series Trust, The Postal Service intends for the Seasons Series Trust, Anchor Series POSTAL REGULATORY COMMISSION rates in the Modification to become Trust, VALIC Company I, and VALIC [Docket Nos. CP2014–67; Order No. 2213] effective November 1, 2014. Id. at 1. Company II (each referred to herein as II. Notice of Filings a ‘‘Trust,’’ and collectively as the New Postal Product ‘‘Trusts’’), SunAmerica Asset The Commission invites comments on Management LLC (formerly, AGENCY: Postal Regulatory Commission. whether the changes presented in the SunAmerica Asset Management Corp. ACTION: Notice. Postal Service’s Notice are consistent (‘‘SAAMCo’’), and The Variable Annuity with the policies of 39 U.S.C. 3632, Life Insurance Company (‘‘VALIC’’) SUMMARY: The Commission is noticing a 3633, or 3642, 39 CFR 3015.5, and 39 (together with SAAMCo and the Trusts, recent Postal Service filing concerning a CFR part 3020, subpart B. Comments are the ‘‘Applicants’’). modification of Global Reseller due no later than October 21, 2014. The Summary of Application: Applicants Expedited Package Contracts 4 public portions of these filings can be request an order granting exemptions negotiated service agreement. This accessed via the Commission’s Web site from Sections 9(a), 13(a), 15(a), and notice informs the public of the filing, (http://www.prc.gov). 15(b) of the Act and Rules 6e–2(b)(15) invites public comment, and takes other The Commission appoints Kenneth R. and 6e–3(T)(b)(15) thereunder, in cases administrative steps. Moeller to represent the interests of the where a life insurance company DATES: Comments are due: October 21, general public (Public Representative) separate account supporting variable life in this docket. 2014. insurance contracts (‘‘VLI Account’’) ADDRESSES: Submit comments III. Ordering Paragraphs holds shares of an existing portfolio of electronically via the Commission’s It is ordered: a Trust (an ‘‘Existing Fund’’) or a Filing Online system at http:// 1. The Commission reopens Docket ‘‘Future Fund,’’ 1 as defined below (any www.prc.gov. Those who cannot submit No. CP2014–67 for consideration of Existing Fund or Future Fund is referred comments electronically should contact matters raised by the Postal Service’s to herein as a ‘‘Fund’’, and collectively the person identified in the FOR FURTHER Notice. as the ‘‘Funds’’), and one or more of the INFORMATION CONTACT section by 2. Pursuant to 39 U.S.C. 505, the following other types of investors also telephone for advice on filing Commission appoints Kenneth R. hold shares of the Funds: (1) any life alternatives. Moeller to serve as an officer of the insurance company separate account supporting variable annuity contracts, FOR FURTHER INFORMATION CONTACT: Commission (Public Representative) to David A. Trissell, General Counsel, at represent the interests of the general 1 As used herein, a ‘‘Future Fund’’ is any 202–789–6820. public in this proceeding. 3. Comments are due no later than investment company (or investment portfolio or SUPPLEMENTARY INFORMATION: series thereof), other than an Existing Fund, October 21, 2014. designed to be sold to VA Accounts and/or VLI Table of Contents Accounts and to which the Applicants or their 1 Notice of the United States Postal Service of affiliates may in the future serve as investment I. Introduction Filing Modification to Global Reseller Expedited advisers, investment subadvisers, investment II. Notice of Filings Package Contracts 4 Contract Negotiated Service managers, administrators, principal underwriters, III. Ordering Paragraphs Agreement, October 8, 2014 (Notice). or sponsors.

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whether or not registered as an trust on September 11, 1992, and is shares for each of its Funds and has investment company with the registered under the Act as an open-end filed a registration statement under the Commission (a ‘‘VA Account’’), (2) any management investment company (Reg. 1933 Act on Form N–1A (Reg. File No. VLI Account, whether or not registered File No. 811–07238). The Trust is a 2–83631) to register such shares. VC I as an investment company with the series investment company as defined may establish additional Funds in the Commission, (3) the investment adviser by Rule 18f–2 under the Act and is future and additional classes of shares or any subadviser to a Fund or affiliated currently comprised of forty (40) Funds. for such Funds. Shares of the Funds of persons of the investment adviser or The Trust issues a separate series of VC I are not and will not be offered to subadviser (representing seed money shares of beneficial interest for each of the general public. investments in the Fund) (‘‘Advisers’’), its Funds and has filed a registration 5. VALIC Company II (‘‘VC II’’) was (4) any general account of an insurance statement under the Securities Act of organized as a Delaware statutory trust company depositor of VA Accounts 1933, as amended (the ‘‘1933 Act’’) on on May 6, 1998, and is registered under and/or VLI Accounts (representing seed Form N–1A (Reg. File No. 33–52742) to the Act as an open-end management money investments in the Fund) register such shares. The Trust may investment company (Reg. File No. 811– (‘‘General Account’’); and/or (5) any establish additional Funds in the future 08789). VC II is a series investment qualified group pension or group and additional classes of shares for such company as defined by Rule 18f–2 retirement plan administered by a Funds. Shares of the Funds of the under the Act and is currently trustee outside the separate account SunAmerica Series Trust are not and comprised of fifteen (15) separate context (a ‘‘Plan’’ or ‘‘Qualified Plan’’). will not be offered to the general public. Funds. VC II issues a separate series of DATES: Filing Date: The application was 2. Seasons Series Trust was formed as shares of beneficial interest for each of filed on October 25, 2013, and amended a Massachusetts business trust on its Funds and has filed a registration and restated on January 30, 2014, and October 10, 1995, and is registered statement under the 1933 Act on Form September 4, 2014. under the Act as an open-end N–1A (Reg. File No. 333–53589) to Hearing or Notification of Hearing: An management investment company (Reg. register such shares. VC II may establish order granting the application will be File No. 811–07725). The Trust is a additional Funds in the future and issued unless the Commission orders a series investment company as defined additional classes of shares for such hearing. Interested persons may request by Rule 18f–2 under the Act and is Funds. Shares of the Funds of VC II are a hearing by writing to the Secretary of currently comprised of twenty-one (21) not and will not be offered to the the Commission and serving Applicants Funds. The Trust issues a separate general public. 6. SAAMCo serves as the investment with a copy of the request, personally or series of shares of beneficial interest for adviser and manager for all the Funds by mail. Hearing requests should be each of its Funds and has filed a of the SunAmerica Series Trust, Seasons received by the Commission by 5:30 registration statement under the 1933 Series Trust, and Anchor Series Trust p.m. on November 4, 2014, and should Act on Form N–1A (Reg. File No. 333– and serves as the subadviser to certain be accompanied by proof of service on 08653) to register such shares. The Trust Funds of VC I and VC II. SAAMCo is an Applicants, in the form of an affidavit may establish additional Funds in the future and additional classes of shares indirectly and wholly owned subsidiary or, for lawyers, a certificate of service. for such Funds. Shares of the Funds of of American International Group, Inc. Hearing requests should state the nature the Seasons Series Trust are not and (‘‘AIG’’). of the writer’s interest, the reason for the will not be offered to the general public. 7. VALIC serves as the investment request, and the issues contested. 3. Anchor Series Trust was formed as adviser to VC I and VC II and is a stock Persons may request notification of a a Massachusetts business trust on life insurance company originally hearing by writing to the Secretary of August 26, 1983, and is registered under organized as The Variable Annuity Life the Commission. the Act as an open-end management Insurance Company of America, located ADDRESSES: Secretary, Securities and investment company (Reg. File No. 811– in Washington, DC and re-organized Exchange Commission, 100 F Street NE., 03836). The Trust is a series investment under the laws of the state of Texas on Washington, DC 20549–1090. company as defined by Rule 18f–2 August 20, 1968. VALIC is an indirectly Applicants, AIG Life and Retirement c/ under the Act and is currently and wholly owned subsidiary of AIG o Mark Matthes, Associate General comprised of eight (8) Funds. The Trust and is registered as an investment Counsel, 2919 Allen Parkway, 4th Floor, issues a separate series of shares of adviser under the Advisers Act. Houston, TX 77019. beneficial interest for each of its Funds 8. The Funds propose to offer their FOR FURTHER INFORMATION CONTACT: and has filed a registration statement shares to VLI Accounts and VA Sonny Oh, Senior Counsel, or Joyce M. under the 1933 Act on Form N–1A (Reg. Accounts of various life insurance Pickholz, Branch Chief, Disclosure File No. 2–86188) to register such companies (each a ‘‘Participating Review Office (Insured Investments), shares. The Trust may establish Insurance Company,’’ and collectively, Division of Investment Management at additional Funds in the future and the ‘‘Participating Insurance (202) 551–6795. additional classes of shares for such Companies’’) to serve as an investment SUPPLEMENTARY INFORMATION: The Funds. Shares of the Funds of the medium to support variable life following is a summary of the Anchor Series Trust are not and will not insurance contracts (‘‘VLI Contracts’’) application. The complete application be offered to the general public. and variable annuity contracts (‘‘VA may be obtained via the Commission’s 4. VALIC Company I (‘‘VC I’’) was Contracts’’) (together, ‘‘Variable Web site by searching for the file formed as a Maryland corporation on Contracts’’) issued through such VLI number, or for an applicant using the December 7, 1984 and is registered and VA Accounts. Each VLI Account Company name box, at http:// under the Act as an open-end and VA Account is or will be www.sec.gov/search.htm, or by calling management investment company (Reg. established as a segregated asset account (202) 551–8090. File No. 811–03738). VC I is a series by a Participating Insurance Company investment company as defined by Rule pursuant to the insurance law of the Applicants’ Representations 18f–2 under the Act and is currently insurance company’s state of domicile. 1. SunAmerica Series Trust was comprised of thirty-four (34) separate As such, the assets of each will be the formed as a Massachusetts business Funds. VC I issues a separate series of property of the Participating Insurance

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Company, and that portion of the assets Participating Insurance Company will and sales to the Adviser are only made of such a VLI or VA Account equal to remain responsible for establishing and in connection with the creation or the reserves and other contract maintaining any VLI Account or VA management of the Fund for the liabilities with respect to the VLI or VA Account covered by the agreement and purpose of providing seed money for the Account will not be chargeable with for complying with all applicable Fund. liabilities arising out of any other requirements of state and federal law 15. Applicants propose that any Fund business that the insurance company pertaining to such VLI and VA Accounts may also sell shares to a General may conduct. The income, gains and and to the sale and distribution of Account of a Participating Insurance losses, realized or unrealized, from such Variable Contracts issued through such Company. The Treasury Regulations a VLI or VA Account’s assets will be VLI and VA Accounts. The role of each permit such sales as long as the return credited to or charged against the VLI or Fund under this arrangement, with on shares held by a General Account is VA Account without regard to other regard to the federal securities laws, will computed in the same manner as for income, gains or losses of the consist of offering and selling shares of shares held by VLI Accounts and VA Participating Insurance Company. If a the Fund to the VLI Accounts and VA Accounts and the Participating VLI Account or VA Account is Accounts and fulfilling any conditions Insurance Company does not intend to registered as an investment company, it that the Commission may impose in sell the shares to the public. will be a ‘‘separate account’’ as defined granting the requested order. 16. The use of a common management by Rule 0–1(e) (or any successor rule) 11. The use of a common management investment company (or investment under the Act and will be registered as investment company (or investment portfolio thereof) as an investment a unit investment trust. For purposes of portfolio thereof) as an investment medium for VLI Accounts, VA the Act, the Participating Insurance medium for both VLI Accounts and VA Accounts, Plans, Advisers, and General Company that establishes such a Accounts of the same Participating Accounts is referred to herein as registered VLI Account or VA Account Insurance Company, or of two or more ‘‘extended mixed funding.’’ is the depositor and sponsor of the VLI insurance companies that are affiliated Applicants’ Legal Analysis or VA Account as those terms have been persons of each other, is referred to interpreted by the Commission with herein as ‘‘mixed funding.’’ The use of 1. Section 9(a)(3) of the Act makes it respect to variable life insurance and a common management investment unlawful for any company to serve as an variable annuity separate accounts. company (or investment portfolio investment adviser or principal 9. The Participating Insurance thereof) as an investment medium for underwriter of any investment Companies are currently American VLI Accounts and/or VA Accounts of company, including a unit investment General Life, The United States Life two or more Participating Insurance trust, if an affiliated person of that Insurance Company in the City of New Companies that are not affiliated company is subject to disqualification York (‘‘USLIC’’), and VALIC. Each persons of each other, is referred to enumerated in Section 9(a)(1) or (2) of Participating Insurance Company is an herein as ‘‘shared funding.’’ the Act. Sections 13(a), 15(a), and 15(b) indirect subsidiary of AIG. Various 12. Applicants propose that each of the Act have been deemed by the other life insurance companies that are Fund offer and sell its shares directly to Commission to require ‘‘pass-through’’ not affiliated persons of American Plans and assert that Federal tax law voting with respect to an underlying General Life, USLIC, and VALIC may be, permits investment companies such as investment company’s shares. or in the future become, Participating the Funds to increase their net assets by 2. Rules 6e–2(b)(15) and 6e– Insurance Companies. At the current selling shares to Plans. 3(T)(b)(15) under the Act provide partial time, the following VLI Accounts and 13. Plans may invest in shares of an exemptions from Sections 9(a), 13(a), VA Accounts of American General Life, investment company as the sole 15(a), and 15(b) of the Act to VLI USLIC, and VALIC invest in one or investment under the Plan, or as one of Accounts supporting certain VLI more of the Trusts: American General several investments. Plan participants Contracts and to their life insurance Life: Separate Account 8, Separate may or may not be given an investment company depositors under limited Account 101, Separate Account 102, choice depending on the terms of the circumstances, as described in the Separate Account A, Separate Account Plan itself. The trustees or other application. Therefore, VLI Accounts, D, Separate Account II, Separate fiduciaries of a Plan may vote their depositors and their principal Account IV, Separate Account VA–2, investment company shares held by the underwriters may not rely on the Separate Account VL–R, Separate Plan in their own discretion or, if the exemptions provided by Rules 6e– Account VL–U LIS, Separate Account applicable Plan so provides, vote such 2(b)(15) and 6e–3(T)(b)(15) if shares of VUL, and A.G. Separate Account A; shares in accordance with instructions the Fund are held by a VLI Account USLIC: Separate Account USL VA–R, from participants in such Plan. through which flexible premium VLI Separate Account USL VL–R and Applicants have no control over Contracts are issued, a VLI Account of Separate Account USL B; and VALIC: whether trustees or other fiduciaries of an unaffiliated Participating Insurance Separate Account A. Plans, rather than participants in the Company, a General Account of a 10. Each Fund will sell its shares to Plans, have the right to vote under any Participating Insurance Company, an VLI Accounts and VA Accounts only if particular Plan. Each Plan must be Adviser, any VA Account, or a Plan. each Participating Insurance Company administered in accordance with the Accordingly, Applicants request an sponsoring such a VLI Account or VA terms of the Plan and as determined by order of the Commission granting Account enters into a participation its trustee or trustees. exemptions from Sections 9(a), 13(a), agreement with the Fund. The 14. Applicants propose that any Fund 15(a), and 15(b) of the Act, and Rules participation agreements define or will may also sell shares to its Adviser. The 6e–2(b)(15) and 6e–3(T)(b)(15) define the relationship between each Treasury Regulations permit such sales thereunder, to the extent necessary to Fund and each Participating Insurance as long as the return on shares held by permit a scheduled premium VLI Company and memorialize or will an Adviser is computed in the same Account to hold shares of Funds when memorialize, among other matters, the manner as shares held by VLI Accounts one or more of the following types of fact that, except where the agreement and VA Accounts, the Adviser does not investors also hold shares of the Funds: specifically provides otherwise, the intend to sell the shares to the public, (1) VA Accounts and VLI Accounts

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(supporting scheduled premium or submit that the exemptions requested important elements unique to life flexible premium VLI Contracts) of are appropriate in the public interest insurance contracts and subject to affiliated and unaffiliated Participating and consistent with the protection of extensive state insurance regulation. In Insurance Companies, (2) General investors and the purposes fairly adopting subparagraph (b)(15)(iii) of Accounts, (3) Advisers, or (4) Plans. intended by the policy and provisions of these Rules, the Commission implicitly 3. Applicants maintain that there is the Act. Accordingly, the Applicants recognized that state insurance no public policy reason why VLI hereby request that the Commission regulators have authority, pursuant to Accounts and their Participating issue an order under Section 6(c) of the state insurance laws or regulations, to Insurance Company depositors (or 1940 Act for the exemptions requested disapprove or require changes in principal underwriters) should not be herein. investment policies, investment able to rely on the exemptions provided 7. Section 9(a)(3) of the 1940 Act advisers, or principal underwriters. by Rules 6e–2(b)(15) and 6e–3(T)(b)(15) provides, among other things, that it is 11. Applicants represent that the sale just because shares of Funds held by the unlawful for any company to serve as of Fund shares to Qualified Plans, VLI Accounts are also held by VA investment adviser or principal Advisers, and General Accounts will not Accounts, other VLI Accounts, an underwriter of any registered open-end have any impact on the exemptions Adviser, a General Account, or a investment company if an affiliated requested herein regarding the disregard Qualified Plan. Rather, Applicants person of that company is subject to a of pass-through voting rights. Shares assert that the proposed sale of Fund disqualification enumerated in Sections sold to Plans will be held by such Plans. shares to Qualified Plans, Advisers, and 9(a)(1) or (2). Rules 6e–2(b)(15)(i) and The exercise of voting rights by Plans, General Accounts may allow for the (ii) and Rules 6e–3(T)(b)(15)(i) and (ii) whether by trustees, participants, development of larger pools of assets, under the Act provide exemptions from beneficiaries, or investment managers resulting in the potential for greater Section 9(a) under certain engaged by the Plans, does not raise the investment and diversification circumstances, subject to the limitations type of issues respecting disregard of opportunities and for decreased discussed above on mixed funding, voting rights that are raised by VLI expenses at higher asset levels resulting extended mixed funding, and shared Accounts. With respect to Plans, which in greater cost efficiencies. Similarly, funding. These exemptions limit the are not registered as investment Applicants believe that the proposed application of the eligibility restrictions companies under the 1940 Act, there is sale of Fund shares to Advisers and to affiliated individuals or companies no requirement to pass through voting General Accounts of Participating that directly participate in management rights to Plan participants. Indeed, to Insurance Companies for seed money or administration of the underlying the contrary, applicable law expressly may result in the creation of more investment company. reserves voting rights associated with Funds as investment options for certain 8. Rules 6e–2(b)(15)(iii) and 6e– Plan assets to certain specified persons. VA Contracts and VLI Contracts than 3(T)(b)(15)(iii) under the 1940 Act 12. Similarly, the sale of Fund shares would otherwise be the case. provide exemptions from pass-through to an Adviser and to the General 4. For the reasons explained below, voting requirements with respect to Accounts of Participating Insurance Applicants have concluded that several significant matters, assuming the Companies will not have any impact on investments by Qualified Plans, limitations on mixed funding, extended the exemptions requested herein Advisers, and General Accounts in the mixed funding, and shared funding are regarding the disregard of pass-through Funds should not increase the risk of observed. Rules 6e–2(b)(15)(iii)(A) and voting rights. The exercise of voting material irreconcilable conflicts 6e–3(T)(b)(15)(iii)(A) provide that the rights by Advisers and the General between owners of VLI Contracts and insurance company may disregard the Accounts of Participating Insurance other types of investors or between voting instructions of its variable life Companies does not raise the type of owners of VLI Contracts issued by insurance contract owners with respect issues respecting disregard of voting unaffiliated Participating Insurance to the investments of an underlying rights that are raised by VLI Accounts. Companies. investment company, or any contract Neither Advisers nor General Accounts 5. Consistent with the Commission’s between such an investment company are registered as investment companies authority under Section 6(c) of the 1940 and its investment adviser, when under the Act, and are not subject to any Act to grant exemptive orders to a class required to do so by an insurance pass-through voting requirements. or classes of persons and transactions, regulatory authority (subject to the 13. Applicants recognize that the Applicants request exemptions for a provisions of paragraphs (b)(5)(i) and Commission’s primary concern with class consisting of Participating (b)(7)(ii)(A) of Rules 6e–2 and 6e–3(T)). respect to mixed funding, extended Insurance Companies and their VA and 9. Rules 6e–2(b)(15)(iii)(B) and 6e– mixed funding, and shared funding VLI Accounts investing in the Funds, as 3(T)(b)(15)(iii)(A)(2) provide that an issues is the potential for irreconcilable well as their principal underwriters. insurance company may disregard the conflicts between the interests of 6. Section 6(c) of the 1940 Act voting instructions of variable life owners of variable life insurance provides, in part, that the Commission, insurance contract owners if such contracts and those of other investors in by order upon application, may owners initiate any change in an an open end investment company conditionally or unconditionally underlying investment company’s serving as an investment vehicle for exempt any person, security or investment policies, principal such contracts. The prohibitions on transaction, or any class or classes of underwriter or any investment adviser mixed and shared funding might reflect persons, securities or transactions, from (provided that disregarding such voting concern regarding possible different any provision or provisions of the Act, instructions is reasonable and subject to investment motivations among or any rule or regulation thereunder, if the other provisions of paragraphs investors. When Rule 6e–2 was first and to the extent that such exemption (b)(5)(ii), (b)(7)(ii)(B) and (b)(7)(ii)(C) of adopted, variable annuity separate is necessary or appropriate in the public Rules 6e–2 and 6e–3(T)). accounts could invest in mutual funds interest and consistent with the 10. Both Rule 6e–2 and Rule 6e–3(T) whose shares were also offered to the protection of investors and the purposes generally recognize that a variable life general public. However, now, under fairly intended by the policy and insurance contract is primarily a life the Internal Revenue Code of 1986, as provisions of the Act. The Applicants insurance contract containing many amended (the ‘‘Code’’), any underlying

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funds, including a Fund, that sells underwriter or investment adviser ‘‘pool’’ of VLI Contract and VA Contract shares to VA Accounts or VLI Accounts, initiated by such Contract owners. The owners is composed of individuals of would, in effect, be precluded from also potential for disagreement is limited by diverse financial status, age, insurance selling its shares to the public. the requirements in Rules 6e–2 and 6e– needs and investment goals. A Fund Consequently, the Funds may not sell 3(T) that the Participating Insurance supporting even one type of Variable their shares to the public. Company’s disregard of voting Contract must accommodate these 14. Applicants assert that the rights of instructions be reasonable and based on diverse factors in order to attract and an insurance company or a state specific good faith determinations. retain purchasers. Permitting mixed and insurance regulator to disregard the 17. A particular Participating shared funding will provide economic voting instructions of owners of Insurance Company’s disregard of support for the continuation of the Variable Contracts is not inconsistent voting instructions, nevertheless, could Funds. Mixed and shared funding will with either mixed funding or shared conflict with the voting instructions of broaden the base of potential Variable funding. Applicants argue that the a majority of VLI Contract owners. The Contract owner investors, which may National Association of Insurance Participating Insurance Company’s facilitate the establishment of additional Commissioners Variable Life Insurance action possibly could be different than Funds serving diverse goals. Model Regulation (the ‘‘NAIC Model the determination of all or some of the 21. Applicants do not believe that the Regulation’’) suggests that it is unlikely other Participating Insurance sale of the shares to Qualified Plans, that insurance regulators would find an Companies (including affiliated Advisers, and General Accounts will underlying fund’s investment policy, insurers) that the voting instructions of increase the potential for material investment adviser or principal VLI Contract owners should prevail, and irreconcilable conflicts of interest underwriter objectionable for one type either could preclude a majority vote between or among different types of of Variable Contract but not another approving the change or could represent investors. In particular, Applicants see type. a minority view. If the Participating very little potential for such conflicts 15. Applicants assert that shared Insurance Company’s judgment beyond those that would otherwise exist funding by unaffiliated insurers, in this represents a minority position or would between owners of VLI Contracts and respect, is no different than the use of preclude a majority vote, then the VA Contracts. Applicants submit that the same investment company as the Participating Insurance Company may either there are no conflicts of interest funding vehicle for affiliated insurers, be required, at the relevant Fund’s or that there exists the ability by the which Rules 6e–2(b)(15) and 6e– election, to withdraw its VLI Accounts’ affected parties to resolve such conflicts 3(T)(b)(15) permit. Affiliated insurers and VA Accounts’ investments in the consistent with the best interests of VLI may be domiciled in different states and relevant Fund. No charge or penalty will Contract owners, VA Contract owners, be subject to differing state law be imposed as a result of such and Plan participants. requirements. Affiliation does not withdrawal. This requirement will be 22. Applicants considered whether reduce the potential, if any exists, for provided for in the Participation there are any issues raised under the differences in state regulatory Agreement entered into by the Code, Treasury Regulations, or Revenue requirements. In any event, the Participating Insurance Companies with Rulings thereunder if VA Accounts, VLI conditions set forth below are designed the relevant Fund. Accounts, Advisers, General Accounts to safeguard against, and provide 18. Applicants argue that there is no and Qualified Plans all invest in the procedures for resolving, any adverse reason why the investment policies of a same Fund. However, the Applicants effects that differences among state Fund would or should be materially have concluded that neither the Code, regulatory requirements may produce. If different from what these policies nor the Treasury Regulations nor a particular state insurance regulator’s would or should be if the Fund Revenue Rulings thereunder, present decision conflicts with the majority of supported only VA Accounts or VLI any inherent conflicts of interest if VA other state regulators, then the affected Accounts supporting flexible premium Accounts, VLI Accounts, Advisers, Participating Insurance Company will or scheduled premium VLI Contracts. General Accounts and Qualified Plans be required to withdraw its separate Each type of insurance contract is all invest in the same Fund. account investments in the relevant designed as a long-term investment 23. Applicants note that, while there Fund. This requirement will be program. are differences in the manner in which provided for in the Participation 19. Each Fund will be managed to distributions from VLI Accounts, VA Agreement that will be entered into by attempt to achieve its specified Accounts, and Plans are taxed, these Participating Insurance Companies with investment objective, and not favor or differences have no impact on the the relevant Fund. disfavor any particular Participating Funds. When distributions are to be 16. Rules 6e–2(b)(15) and 6e– Insurance Company or type of insurance made, and a VLI Account, VA Account, 3(T)(b)(15) give Participating Insurance contract. There is no reason to believe or Plan is unable to net purchase Companies the right to disregard the that different features of various types of payments to make distributions, the VLI voting instructions of VLI Contract Variable Contracts will lead to different Account, VA Account, or Plan will owners in certain circumstances. This investment policies for each or for redeem shares of the relevant Fund at its right derives from the authority of state different VLI Accounts and VA net asset value in conformity with Rule insurance regulators over VLI Accounts Accounts. The sale of Variable Contracts 22c–1 under the 1940 Act (without the and VA Accounts. Under Rules 6e– and ultimate success of all VA Accounts imposition of any sales charge) to 2(b)(15) and 6e–3(T)(b)(15), a and VLI Accounts depends, at least in provide proceeds to meet distribution Participating Insurance Company may part, on satisfactory investment needs. A Participating Insurance disregard VLI Contract owner voting performance, which provides an Company will then make distributions instructions only with respect to certain incentive for each Participating in accordance with the terms of its specified items. Affiliation does not Insurance Company to seek optimal Variable Contracts, and a Plan will then eliminate the potential, if any exists, for investment performance. make distributions in accordance with divergent judgments as to the 20. Furthermore, no single investment the terms of the Plan. advisability or legality of a change in strategy can be identified as appropriate 24. Applicants considered whether it investment policies, principal to a particular Variable Contract. Each is possible to provide an equitable

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means of giving voting rights to all among them are likely to be insurers’ lack of experience with respect Variable Contract owners, Qualified irreconcilable. to investment management, and the lack Plans, Advisers and General Accounts, 26. Although Participating Insurance of name recognition by the public of and determined that it is possible. In Companies may have to overcome certain insurance companies as connection with any meeting of Fund regulatory impediments in redeeming investment experts. In particular, some shareholders, the soliciting Fund will shares of a Fund held by their VLI and smaller life insurance companies may inform each Participating Insurance VA Accounts, the Plans and the not find it economically feasible, or Company (with respect to its VLI participants in participant-directed within their investment or Accounts, VA Accounts and General Plans can make decisions quickly and administrative expertise, to enter the Account), Adviser, and Qualified Plan redeem their shares in a Fund and Variable Contract business on their own. of its share holdings and provide other reinvest in another investment company Use of the Funds as a common information necessary for such or other funding vehicle without investment vehicle for Variable shareholders to participate in the impediments, or as is the case with most Contracts would reduce or eliminate Plans, hold cash pending suitable meeting (e.g., proxy materials). Each these concerns. Mixed and shared investment. As a result, conflicts Participating Insurance Company then funding should also provide several between the interests of Variable benefits to owners of Variable Contracts will solicit voting instructions from Contract owners and the interests of by eliminating a significant portion of owners of VLI Contracts and VA Plans and Plan participants can usually the costs of establishing and Contracts in accordance with Rules 6e– be resolved quickly since the Plans can, administering separate underlying 2 or 6e–3(T), or Section on their own, redeem their Fund shares. funds. 12(d)(1)(E)(iii)(aa) of the Act, as Advisers and General Accounts can 31. Applicants state that Participating applicable, and its Participation similarly redeem their shares of a Fund Insurance Companies will benefit not Agreement with the relevant Fund. and make alternative investments at any only from the investment and Shares of a Fund that are held by an time. administrative expertise of the Funds’ Adviser or a General Account will 27. Finally, Applicants considered Adviser, but also from the potential cost generally be voted in the same whether there is a potential for future efficiencies and investment flexibility proportion as all votes cast on behalf of conflicts of interest between afforded by larger pools of funds. Mixed all Variable Contract owners having Participating Insurance Companies and and shared funding also would permit voting rights. However, an Adviser or Plans created by future changes in the a greater amount of assets available for General Account will vote its shares in tax laws. Applicants do not see any investment by a Fund, thereby such other manner as may be required greater potential for material promoting economies of scale, by by the Commission or its staff. Shares irreconcilable conflicts arising between permitting increased safety through held by Plans will be voted in the interests of Variable Contract owners greater diversification, or by making the accordance with applicable law. The and Plan participants from future addition of new Funds more feasible. voting rights provided to Plans with changes in the federal tax laws than that Therefore, making the Funds available respect to the shares would be no which already exists between VLI for mixed and shared funding will different from the voting rights that are Contract owners and VA Contract encourage more insurance companies to provided to Plans with respect to shares owners. offer Variable Contracts. This should of mutual funds sold to the general 28. Applicants recognize that the result in increased competition with public. Furthermore, if a material foregoing is not an all-inclusive list, but respect to both Variable Contract design irreconcilable conflict arises because of rather is representative of issues that and pricing, which can in turn be a Plan’s decision to disregard Plan they believe are relevant to this expected to result in more product participant voting instructions, if application. Applicants believe that the variety. Applicants also assert that sale applicable, and that decision represents discussion contained herein of shares in a Fund to Plans, in addition a minority position or would preclude demonstrates that the sale of Fund to VLI Accounts and VA Accounts, will a majority vote, the Plan may be shares to Plans would not increase the result in an increased amount of assets required, at the election of the relevant risk of material irreconcilable conflicts available for investment in a Fund. This Fund, to withdraw its investment in the between the interests of Plan may benefit Variable Contract owners by Fund, and no charge or penalty will be participants and Variable Contract promoting economies of scale, imposed as a result of such withdrawal. owners or other investors. Further, permitting increased safety of Applicants submit that the use of the investments through greater 25. Applicants do not believe that the Funds with respect to Plans is not diversification, and making the addition veto power of state insurance substantially dissimilar from each of new Funds more feasible. commissioners over certain potential Fund’s current and anticipated use, in 32. Applicants also submit that, changes to Fund investment objectives that Plans, like VLI Accounts and VA regardless of the type of shareholder in approved by Variable Contract owners Accounts, are generally long-term a Fund, an Adviser is or would be creates conflicts between the interests of investors. contractually and otherwise obligated to such owners and the interests of Plan 29. Applicants assert that permitting a manage the Fund solely and exclusively participants, Advisers or General Fund to sell its shares to an Adviser or in accordance with that Fund’s Accounts. Applicants note that a basic to a General Account will enhance investment objectives, policies and premise of corporate democracy and management of each Fund without restrictions, as well as any guidelines shareholder voting is that not all raising significant concerns regarding established by the applicable Trust’s shareholders may agree with a material irreconcilable conflicts among board of trustees or directors (a particular proposal. Their interests and different types of investors. ‘‘Board’’). Thus, each Fund will be opinions may differ, but this does not 30. Various factors have limited the managed in the same manner as any mean that inherent conflicts of interest number of insurance companies that other mutual fund. exist between or among such offer Variable Contracts. These factors 33. Applicants assert that sales of shareholders or that occasional conflicts include the costs of organizing and Fund shares, as described above, will of interest that do occur between or operating a funding vehicle, certain not have any adverse federal income tax

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consequences to other investors in such decision by a Plan to disregard the any appropriate group (i.e., VA Contract a Fund. voting instructions of Plan participants. owners or VLI Contact owners of one or 34. In addition, Applicants note that 3. Participating Insurance Companies more Participating Insurance the Commission has issued numerous (on their own behalf, as well as by Companies) that votes in favor of such orders permitting mixed funding, virtue of any investment of General segregation, or offering to the affected extended mixed funding, and shared Account assets in a Fund), any Adviser Contract owners the option of making funding. Therefore, granting the to a Fund, and any Plan that executes such a change; (c) withdrawing the exemptions requested herein is in the a Participation Agreement upon its assets allocable to some or all of the public interest and, as discussed above, becoming an owner of 10% or more of Plans from the affected Fund and will not compromise the regulatory the net assets of a Fund (collectively, reinvesting them in a different purposes of Sections 9(a), 13(a), 15(a), or ‘‘Participants’’) will report any potential investment medium; and (d) 15(b) of the Act or Rules 6e-2 or 6e-3(T) or existing conflicts to the relevant establishing a new registered thereunder. Board. Each Participant will be management investment company or responsible for assisting the Board in managed separate account. If a material Applicants’ Conditions carrying out the Board’s responsibilities irreconcilable conflict arises because of Applicants agree that the Commission under these conditions by providing the a decision by a Participating Insurance order requested herein shall be subject Board with all information reasonably Company to disregard Variable Contract to the following conditions: necessary for the Board to consider any owner voting instructions, and that 1. A majority of the Board of each issues raised. This responsibility decision represents a minority position Trust will consist of persons who are includes, but is not limited to, an or would preclude a majority vote, then not ‘‘interested persons’’ of the Trust obligation by each Participating the Participating Insurance Company (‘‘disinterested directors/trustees’’), as Insurance Company to inform the Board may be required, at the election of the defined by Section 2(a)(19) of the 1940 whenever Variable Contract owner Trust, to withdraw such Participating Act, and the rules thereunder, and as voting instructions are disregarded, and, Insurance Company’s VA Account and modified by any applicable orders of the if pass-through voting is applicable, an VLI Account investments in the Fund, obligation by each trustee for a Plan to Commission, except that if this and no charge or penalty will be inform the Board whenever it has condition is not met by reason of death, imposed as a result of such withdrawal. determined to disregard Plan participant disqualification or bona fide resignation If a material irreconcilable conflict voting instructions. The responsibility of any trustee or trustees, then the arises because of a Plan’s decision to to report such information and conflicts, operation of this condition will be disregard Plan participant voting and to assist the Board, will be a suspended: (a) for a period of 90 days instructions, if applicable, and that contractual obligation of all if the vacancy or vacancies may be filled decision represents a minority position Participating Insurance Companies by the Board, (b) for a period of 150 or would preclude a majority vote, the under their Participation Agreement days if a vote of shareholders is required Plan may be required, at the election of with a Trust, and these responsibilities the Trust, to withdraw its investment in to fill the vacancy or vacancies, or (c) for will be carried out with a view only to such longer period as the Commission the Fund, and no charge or penalty will the interests of the Variable Contract be imposed as a result of such may prescribe by order upon owners. The responsibility to report application or by future rule. withdrawal. The responsibility to take such information and conflicts, and to remedial action in the event of a Board 2. The Board of each Trust will assist the Board, also will be contractual determination of a material monitor its respective Funds for the obligations of all Plans under their irreconcilable conflict and to bear the existence of any material irreconcilable Participation Agreement with a Trust, cost of such remedial action will be a conflict between and among the and such agreements will provide that contractual obligation of all Participants interests of the owners of all VLI these responsibilities will be carried out under their Participation Agreement Contracts and VA Contracts and with a view only to the interests of Plan with a Trust, and these responsibilities participants of all Plans investing in the participants. Fund, and determine what action, if 4. If it is determined by a majority of will be carried out with a view only to any, should be taken in response to such the Board of a Trust, or a majority of the the interests of Variable Contract owners conflicts. A material irreconcilable disinterested directors/trustees of the or, as applicable, Plan participants. conflict may arise for a variety of Board, that a material irreconcilable For purposes of this Condition 4, a reasons, including: (a) An action by any conflict exists, then the relevant majority of the disinterested directors/ state insurance regulatory authority; (b) Participant will, at its expense and to trustees of the Board of each Trust will a change in applicable federal or state the extent reasonably practicable (as determine whether or not any proposed insurance, tax, or securities laws or determined by a majority of the action adequately remedies any material regulations, or a public ruling, private disinterested directors/trustees), take irreconcilable conflict, but, in no event, letter ruling, no-action or interpretive whatever steps are necessary to remedy will the Fund or its Adviser be required letter, or any similar action by or eliminate the material irreconcilable to establish a new funding vehicle for insurance, tax or securities regulatory conflict, up to and including: (a) any Variable Contract or Plan. No authorities; (c) an administrative or Withdrawing the assets allocable to Participating Insurance Company will judicial decision in any relevant some or all of their VLI Accounts or VA be required by this Condition 4 to proceeding; (d) the manner in which the Accounts from the Fund and reinvesting establish a new funding vehicle for any investments of the Fund are being such assets in a different investment Variable Contract if any offer to do so managed; (e) a difference in voting vehicle including another Fund; (b) in has been declined by vote of a majority instructions given by VA Contract the case of a Participating Insurance of the Contract owners materially and owners, VLI Contract owners, and Plans Company, submitting the question as to adversely affected by the material or Plan participants; (f) a decision by a whether such segregation should be irreconcilable conflict. Further, no Plan Participating Insurance Company to implemented to a vote of all affected will be required by this Condition 4 to disregard the voting instructions of Variable Contract owners and, as establish a new funding vehicle for the contract owners; or (g) if applicable, a appropriate, segregating the assets of Plan if: (a) A majority of the Plan

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participants materially and adversely manner as may be required by the 6e–3, to the extent such rules are affected by the irreconcilable material Commission or its staff. applicable. conflict vote to decline such offer, or (b) 8. Each Fund will comply with all 12. Each Participant, at least annually, pursuant to documents governing the provisions of the Act requiring voting by shall submit to the Board of each Trust Plan, the Plan trustee makes such shareholders (which, for these purposes, such reports, materials or data as the decision without a Plan participant shall be the persons having a voting Board reasonably may request so that vote. interest in its shares), and, in particular, the directors/trustees of the Board may 5. The Board of each Trust’s the Fund will either provide for annual fully carry out the obligations imposed determination of the existence of a meetings (except to the extent that the upon the Board by the conditions material irreconcilable conflict and its Commission may interpret Section 16 of implications will be made known in the Act not to require such meetings) or contained in this application. Such writing promptly to all Participants. comply with Section 16(c) of the Act reports, materials and data shall be 6. Participating Insurance Companies (although each Fund is not, or will not submitted more frequently if deemed will provide pass-through voting be, one of those trusts of the type appropriate by the Board of a Trust. The privileges to all Variable Contract described in Section 16(c) of the Act), as obligations of the Participants to owners whose Contracts are issued well as with Section 16(a) of the Act provide these reports, materials and through registered VLI Accounts or and, if and when applicable, Section data to the Board, when it so reasonably registered VA Accounts for as long as 16(b) of the Act. Further, each Fund will requests, shall be a contractual required by the Act as interpreted by the act in accordance with the obligation of all Participants under their Commission. However, as to Variable Commission’s interpretations of the Participation Agreement with the Trust. Contracts issued through VA Accounts requirements of Section 16(a) with or VLI Accounts not registered as 13. All reports of potential or existing respect to periodic elections of conflicts received by the Board of each investment companies under the Act, directors/trustees and with whatever pass-through voting privileges will be Trust, and all Board action with regard rules the Commission may promulgate to determining the existence of a extended to owners of such Contracts to thereto. the extent granted by the Participating conflict, notifying Participants of a 9. A Fund will make its shares Insurance Company. Accordingly, such conflict and determining whether any available to the VLI Accounts, VA Participating Insurance Companies, proposed action adequately remedies a Accounts, and Plans at or about the time where applicable, will vote the shares of conflict, will be properly recorded in it accepts any seed capital from its each Fund held in their VLI Accounts the minutes of the Board or other Adviser or from a General Account of a and VA Accounts in a manner Participating Insurance Company. appropriate records, and such minutes consistent with voting instructions 10. Each Fund has notified, or will or other records shall be made available timely received from Variable Contract to the Commission upon request. owners. Participating Insurance notify, all Participants that disclosure 14. Each Fund will not accept a Companies will be responsible for regarding potential risks of mixed and assuring that each of their VLI and VA shared funding may be appropriate in purchase order from a Plan if such Accounts investing in a Fund calculates VLI Account and VA Account purchase would make the Plan an voting privileges in a manner consistent prospectuses or Plan documents. Each owner of 10 percent or more of the net with all other Participating Insurance Fund will disclose, in its prospectus assets of the Fund unless the Plan Companies investing in that Fund. that: (a) Shares of the Fund may be executes an agreement with the Fund The obligation to calculate voting offered to both VA Accounts and VLI governing participation in the Fund that privileges as provided in this Accounts and, if applicable, to Plans, (b) includes the conditions set forth herein application shall be a contractual due to differences in tax treatment and to the extent applicable. A Plan will obligation of all Participating Insurance other considerations, the interests of execute an application containing an Companies under their Participation various Variable Contract owners acknowledgement of this condition at Agreement with the Trust. Each participating in the Fund and the the time of its initial purchase of shares. Participating Insurance Company will interests of Plan Participants investing vote shares of each Fund held in its VLI in the Fund, if applicable, may conflict, Conclusion or VA Accounts for which no timely and (c) the Trust’s Board will monitor For all of the reasons explained above, voting instructions are received, as well events in order to identify the existence as shares held by its General Account or of any material irreconcilable conflicts Applicants submit that the exemptions otherwise attributed to it, in the same and to determine what action, if any, requested are appropriate in the public proportion as those shares for which should be taken in response to any such interest and consistent with the voting instructions are received. Each conflicts. protection of investors and the purposes Plan will vote as required by applicable 11. If and to the extent Rule 6e–2 and fairly intended by the policy and law, governing Plan documents and as Rule 6e–3(T) under the Act are provisions of the Act. provided in this application. amended, or proposed Rule 6e–3 under For the Commission, by the Division of 7. As long as the Act requires pass- the Act is adopted, to provide Investment Management, pursuant to through voting privileges to be provided exemptive relief from any provision of delegated authority. to Variable Contract owners or the the Act, or the rules thereunder, with Kevin M. O’Neill, Commission interprets the Act to respect to mixed or shared funding, on require the same, a Fund’s Adviser or terms and conditions materially Deputy Secretary. any General Account will vote their different from any exemptions granted [FR Doc. 2014–24684 Filed 10–16–14; 8:45 am] shares of the Fund in the same in the order requested in this BILLING CODE 8011–01–P proportion as all votes cast on behalf of application, then each Fund and/or all Variable Contract owners having Participating Insurance Companies, as voting rights; provided, however, that appropriate, shall take such steps as such an Adviser or General Account may be necessary to comply with Rules shall vote its shares in such other 6e–2 or 6e–3(T), as amended, or Rule

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SECURITIES AND EXCHANGE SUPPLEMENTARY INFORMATION: The (each, a ‘‘SBIC Subsidiary’’).2 COMMISSION following is a summary of the Applicants state that companies application. The complete application operating under the SBIA, such as the [Investment Company Act Release No. may be obtained via the Commission’s SBIC Subsidiary, will be subject to the 31282; 812–14279] Web site by searching for the file SBA’s substantial regulation of New Mountain Finance Corporation, et number, or for an applicant using the permissible leverage in their capital al.; Notice of Application Company name box, at http:// structure. www.sec.gov/search/search.htm or by 2. Section 18(a) of the Act prohibits a October 10, 2014. calling (202) 551–8090. registered closed-end investment company from issuing any class of AGENCY: Securities and Exchange Applicants’ Representations Commission (‘‘Commission’’). senior security or selling any such 1. The Company, a Delaware security of which it is the issuer unless ACTION: Notice of an application for an corporation, is an externally managed, the company complies with the asset order under section 6(c) of the non-diversified, closed-end coverage requirements set forth in that Investment Company Act of 1940 (the management investment company that section. Section 61(a) of the Act makes ‘‘Act’’) for an exemption from sections has elected to be regulated as a business section 18 applicable to BDCs, with 18(a) and 61(a) of the Act. development company (‘‘BDC’’) under certain modifications. Section 18(k) the Act.1 The Company’s investment exempts an investment company APPLICANTS: New Mountain Finance objective is to generate current income operating as an SBIC from the asset Corporation (the ‘‘Company’’), New and capital appreciation through the coverage requirements for senior Mountain Finance Adviser BDC, L.L.C. sourcing and origination of debt securities representing indebtedness (the ‘‘Investment Adviser’’), New securities at all levels of the capital that are contained in section 18(a)(1)(A) Mountain Finance SBIC G.P., L.L.C. (the structure, including first and second and (B). ‘‘General Partner’’), and New Mountain lien debt, notes, bonds and mezzanine 3. Applicants state that the Company Finance SBIC, L.P. (‘‘New Mountain securities. The Investment Adviser, a may be required to comply with the SBIC’’). Delaware limited liability company, is asset coverage requirements of section SUMMARY OF THE APPLICATION: The the investment adviser to the Company. 18(a) (as modified by section 61(a)) on Company requests an order to permit it The Investment Adviser is registered a consolidated basis because the to adhere to a modified asset coverage under the Investment Advisers Act of Company may be deemed to be an requirement. 1940. indirect issuer of any class of senior DATES: The application was filed on 2. New Mountain SBIC, a Delaware security issued by New Mountain SBIC February 18, 2014, and amended on limited partnership, received approval or another SBIC Subsidiary. Applicants June 25, 2014, and September 4, 2014. for a license from the Small Business state that applying section 18(a) (as HEARING OR NOTIFICATION OF HEARING: An Administration (‘‘SBA’’) to operate as a modified by section 61(a)) on a order granting the requested relief will small business investment company consolidated basis generally would be issued unless the Commission orders (‘‘SBIC’’) under the Small Business require that the Company treat as its a hearing. Interested persons may Investment Act of 1958 (‘‘SBIA’’). New own all assets and any liabilities held request a hearing by writing to the Mountain SBIC is excluded from the directly either by itself, by New Commission’s Secretary and serving definition of investment company by Mountain SBIC, or by another SBIC applicants with a copy of the request, section 3(c)(7) of the Act. The General Subsidiary. Accordingly, the Company personally or by mail. Hearing requests Partner is the sole general partner of requests an order under section 6(c) of should be received by the Commission New Mountain SBIC and the Company the Act exempting the Company from by 5:30 p.m. on November 4, 2014, and is the sole member of the General the provisions of section 18(a) (as should be accompanied by proof of Partner. The Company is the sole modified by section 61(a)), such that service on applicants, in the form of an limited partner of New Mountain SBIC. senior securities issued by each SBIC affidavit, or for lawyers, a certificate of The Company, directly or indirectly Subsidiary that would be excluded from service. Pursuant to Rule 0–5 under the through the General Partner, wholly its individual asset coverage ratio by Act, hearing requests should state the owns New Mountain SBIC. Section 18(k) if it were itself a BDC would also be excluded from the nature of the writer’s interest, any facts Applicants’ Legal Analysis bearing upon the desirability of a Company’s consolidated asset coverage hearing on the matter, the reason for the 1. The Company requests an ratio. 4. Section 6(c) of the Act, in relevant request, and the issues contested. exemption pursuant to section 6(c) of part, permits the Commission to exempt Persons who wish to be notified of a the Act from the provisions of sections any transaction or class of transactions hearing may request notification by 18(a) and 61(a) of the Act to permit it from any provision of the Act if and to writing to the Commission’s Secretary. to adhere to a modified asset coverage requirement with respect to any direct the extent that such exemption is ADDRESSES: Secretary, U.S. Securities or indirect wholly-owned subsidiary of necessary or appropriate in the public and Exchange Commission, 100 F Street the Company that is licensed by the interest and consistent with the NE., Washington, DC 20549–1090. SBA to operate under the SBIA as a protection of investors and the purposes Applicants: Robert A. Hamwee, New SBIC and relies on Section 3(c)(7) for an fairly intended by the policy and Mountain Finance Corporation, 787 exemption from the definition of provisions of the Act. Applicants state Seventh Avenue, 48th Floor, New York, ‘‘investment company’’ under the Act that the requested relief satisfies the NY 10019. section 6(c) standard. Applicants FOR FURTHER INFORMATION CONTACT: 1 Section 2(a)(48) defines a BDC to be any closed- contend that, because the SBIC David Joire, Senior Counsel, at (202) end investment company that operates for the 551–6866, or James M. Curtis, Branch purpose of making investments in securities 2 All existing entities that currently intend to rely Chief, at (202) 551–6712 (Division of described in section 55(a)(1) through 55(a)(3) of the on the order are named as applicants. Any other Act and makes available significant managerial existing or future entity that may rely on the order Investment Management, Chief assistance with respect to the issuers of such in the future will comply with the terms and Counsel’s Office). securities. condition of the order.

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Subsidiary would be entitled to rely on APPLICANTS: Managed Portfolio Series applicants, in the form of an affidavit or, section 18(k) if it were a BDC, there is (the ‘‘Trust’’), U.S. Bancorp Fund for lawyers, a certificate of service. no policy reason to deny the benefit of Services, LLC (‘‘USBFS’’), and Tortoise Hearing requests should state the nature that exemption to the Company. Capital Advisors, L.L.C. (‘‘Tortoise’’). of the writer’s interest, the reason for the request, and the issues contested. Applicants’ Condition SUMMARY OF APPLICATION: Applicants request an order under section 6(c) of Persons may request notification of a Applicants agree that any order the Act granting exemptions from the hearing by writing to the Secretary of granting the requested relief will be provisions of sections 9(a), 13(a), 15(a), the Commission. subject to the following condition: and 15(b) of the Act and rules 6e– ADDRESSES: Secretary, Securities and The Company will not itself issue or 2(b)(15) and 6e–3(T)(b)(15) (or any Exchange Commission, 100 F Street NE., sell any senior security and the comparable provisions of a permanent Washington, DC 20549–1090. Company will not cause or permit New rule that replaces rule 6e–3(T)) Applicants: Angela Pingel, Esq., U.S. Mountain SBIC or any other SBIC thereunder to permit an existing series Bancorp Fund Services, LLC, 615 East Subsidiary to issue or sell any senior of the Trust, Tortoise VIP MLP & Michigan Street, Milwaukee, WI 53202. security of which the Company, New Pipeline Portfolio (‘‘Existing Variable FOR FURTHER INFORMATION CONTACT: Mountain SBIC or any other SBIC Fund’’), and/or any Future Variable Courtney S. Thornton, Senior Counsel, Subsidiary is the issuer except to the Fund 1 to be sold to and held by: (i) or David P. Bartels, Branch Chief extent permitted by Section 18 (as Separate accounts registered as (Division of Investment Management, modified for BDCs by Section 61); investment companies or separate Chief Counsel’s Office) at 202–551– provided that, immediately after the accounts that are not registered as 6821. issuance or sale of any such senior investment companies under the Act security by any of the Company, New SUPPLEMENTARY INFORMATION: The pursuant to exemptions from Mountain SBIC or any other SBIC following is a summary of the registration under section 3(c) of the Act Subsidiary, the Company, individually application. The complete application that fund variable annuity contracts and on a consolidated basis, shall have may be obtained via the Commission’s (‘‘VA Accounts’’) and variable life the asset coverage required by Section Web site by searching for the file insurance contracts (‘‘VLI Accounts’’) 18(a) (as modified by Section 61(a)). In number, or for an applicant using the (VA Accounts and VLI Accounts determining whether the Company, Company name box, at http:// together ‘‘Separate Accounts’’) issued by New Mountain SBIC and any other SBIC www.sec.gov/search.htm, or by calling both affiliated life insurance companies Subsidiary on a consolidated basis have (202) 551–8090. and unaffiliated life insurance the asset coverage required by Section companies (‘‘Participating Insurance Applicants’ Representations 18(a) (as modified by Section 61(a)), any Companies’’); (ii) trustees of qualified senior securities representing 1. The Trust was organized as a group pension or group retirement plans indebtedness of New Mountain SBIC or Delaware statutory trust on January 27, (‘‘Qualified Plans’’) outside the Separate another SBIC Subsidiary if that SBIC 2011, and is registered under the Act as Account context; (iii) investment Subsidiary has issued indebtedness that an open-end management investment adviser(s) or affiliated person(s) of the is held or guaranteed by the SBA shall company (Reg. File No. 811–22525). The investment adviser(s) (each an not be considered senior securities and, Trust is a series investment company as ‘‘Adviser’’) to a Variable Fund for the for purposes of the definition of ‘‘asset defined by Rule 18f–2 under the Act purpose of providing seed capital to a coverage’’ in Section 18(h), shall be and currently is comprised of 24 series series of a Variable Fund; and (iv) treated as indebtedness not represented (including the Existing Variable Fund) general accounts (‘‘General Accounts’’) by senior securities. managed by 16 different advisers and of insurance company depositors of VA two sub-advisers. The Trust has For the Commission, by the Division of Accounts and/or VLI Accounts. registered two classes of shares of the Investment Management, pursuant to DATES: Existing Variable Fund under the delegated authority. Filing Date: The application was filed on December 13, 2013, and Securities Act of 1933 (the ‘‘1933 Act’’) Kevin M. O’Neill, amended on July 23, 2014 and (Reg. File No. 333–172080) on Form N– Deputy Secretary. September 11, 2014. 1A. The Trust may establish Future [FR Doc. 2014–24685 Filed 10–16–14; 8:45 am] Hearing or Notification of Hearing: An Variable Funds and additional classes of BILLING CODE 8011–01–P order granting the application will be shares for any of the Variable Funds. issued unless the Commission orders a Shares of the Variable Funds will not be hearing. Interested persons may request offered to the general public. The SECURITIES AND EXCHANGE a hearing by writing to the Secretary of application seeks exemptive relief only COMMISSION the Commission and serving applicants for the Existing Variable Fund and any [Release No. IC–31268A; File No. 812– with a copy of the request, personally or Future Variable Fund, as defined herein, 14250] by mail. Hearing requests should be but does not seek exemptive relief for received by the Commission by 5:30 the remaining 23 current series because Managed Portfolio Series, et al.; Notice p.m. on October 31, 2014 and should be they are not designed to be sold to VA of Application accompanied by proof of service on Accounts and/or VLI Accounts. October 15, 2014. 2. Tortoise is the investment adviser 1 AGENCY: Securities and Exchange As used herein, a ‘‘Future Variable Fund’’ is any to the Existing Variable Fund as well as investment company (or investment portfolio or Commission (‘‘Commission’’). the investment adviser to three other series thereof), other than the Existing Variable series of the Trust. Tortoise is a ACTION: Notice of an application under Fund, designed to be sold to VA Accounts or VLI Delaware limited liability company and section 6(c) of the Investment Company Accounts and for which USBFS or any of its affiliates serves in the future as investment adviser, is registered as an investment adviser Act of 1940 (‘‘Act’’) seeking exemptions subadviser, manager, administrator, principal under the Investment Advisers Act of from sections 9(a), 13(a), 15(a), and underwriter, or sponsor. The Existing Variable 1940 (‘‘Advisers Act’’). Subject to the 15(b) of the Act and rules 6e–2(b)(15) Fund and any Future Variable Fund is referred to authority of the Board of Trustees of the and 6e–3(T)(b)(15) thereunder. herein as a ‘‘Variable Fund,’’ and collectively, as the ‘‘Variable Funds.’’ Trust (‘‘Board’’), Tortoise will oversee

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the investment operations of the Commission with respect to variable life underwriter of any investment Existing Variable Fund, including the insurance and variable annuity separate company, including a unit investment purchase, retention and disposition of accounts. trust, if an affiliated person of that securities in accordance with the 5. The Variable Funds will sell their company is subject to disqualification Existing Variable Fund’s investment shares to Separate Accounts only if each enumerated in Section 9(a)(1) or (2) of objective. Participating Insurance Company the Act. Sections 13(a), 15(a), and 15(b) 3. USBFS is a Wisconsin limited sponsoring such Separate Account of the 1940 Act have been deemed by liability company. Subject to the enters into a participation agreement the Commission to require ‘‘pass- supervision of the Board, USBFS with the Variable Funds (‘‘Participation through’’ voting with respect to an provides administration, fund Agreement’’). The Participation underlying investment company’s accounting and transfer agent services to Agreements define or will define the shares. the existing series of the Trust, and is relationship between each Variable 2. Rules 6e–2(b)(15) and 6e– proposed to provide the same services Fund and each Participating Insurance 3(T)(b)(15) under the Act provide partial to the Existing Variable Fund and Company and memorialize or will exemptions from Sections 9(a), 13(a), Future Variable Funds of the Trust. memorialize, among other matters, the 15(a), and 15(b) of the Act to VLI USBFS may provide individuals to fact that, except where the agreement Accounts organized as unit investment serve as officers of the Trust, which specifically provides otherwise, the trusts (‘‘UITs’’) supporting certain VLI officers may be directors, officers or Participating Insurance Company will Contracts and to their life insurance employees of USBFS or its affiliates. remain responsible for establishing and company depositors under limited USBFS is paid a fee for its services, maintaining any Separate Account circumstances, as described in the which may consist of a base fee, a per covered by the agreement and for application. VLI Accounts, their account fee and/or an asset based fee. complying with all applicable depositors and their principal 4. The Existing Variable Fund requirements of state and federal law underwriters may not rely on the proposes, and Future Variable Funds pertaining to such accounts and to the exemptions provided by Rules 6e– will propose, to offer their shares to sale and distribution of Variable 2(b)(15) and 6e–3(T)(b)(15) if shares of Separate Accounts of Participating Contracts issued through such Separate the Fund are held by a VLI Account Insurance Companies to serve as Accounts. The role of the Variable through which certain VLI Contracts are investment media to support variable Funds under this arrangement, with issued, a VLI Account of an unaffiliated life insurance contracts (‘‘VLI regard to the federal securities laws, will Participating Insurance Company, an Contracts’’) and variable annuity consist of offering and selling shares of unaffiliated investment adviser, any VA contracts (‘‘VA Contracts,’’ together with the Variable Funds to the Separate Account, a Qualified Plan or a General VLI Contracts, ‘‘Variable Contracts’’) Accounts and fulfilling any conditions Account. Accordingly, Applicants issued through such accounts.2 Each that the Commission may impose in request an order of the Commission Separate Account is or will be granting the requested order. granting exemptions from Sections 9(a), established as a segregated asset account 6. The use of a common management 13(a), 15(a), and 15(b) of the Act and by a Participating Insurance Company investment company (or series thereof) Rules 6e–2(b)(15) and 6e–3(T)(b)(15) pursuant to the insurance law of the as an investment medium for both VLI (and any comparable permanent rule) insurance company’s state of domicile. Accounts and VA Accounts of the same thereunder to permit shares of a As such, the assets of each will be the Participating Insurance Company, or of Variable Fund to be sold to and held by: property of the Participating Insurance two or more insurance companies that (i) VA Accounts and VLI Accounts Company, and that portion of the assets are affiliated persons of each other, is issued by both affiliated and unaffiliated of such Separate Account equal to the referred to herein as ‘‘mixed funding.’’ Participating Insurance Companies; (ii) reserves and other contract liabilities The use of a common management trustees of Qualified Plans; (iii) a with respect to the Separate Account investment company (or investment Variable Fund’s Adviser for the purpose will not be chargeable with liabilities portfolio thereof) as an investment of providing seed capital to the Variable arising out of any other business that the medium for VLI Accounts and/or VA Fund; and (iv) General Accounts. insurance company may conduct. The Accounts of two or more Participating 3. Applicants maintain that there is income, gains and losses, realized or Insurance Companies that are not no policy reason for the sale of Variable unrealized from such Separate affiliated persons of each other is Fund shares to Qualified Plans, Account’s assets will be credited to or referred to herein as ‘‘shared funding.’’ Advisers or General Accounts to charged against the Separate Account 7. Applicants propose that the prohibit or otherwise limit a without regard to other income, gains or Existing Variable Fund and any Future Participating Insurance Company from losses of the Participating Insurance Variable Funds may offer their shares relying on the relief provided by Rules Company. If a VLI Account or VA directly to Qualified Plans, the 6e–2(b)(15) and 6e–3(T)(b)(15). Account is registered as an investment respective Variable Fund’s Adviser, and Nonetheless, Rule 6e–2 and Rule 6e– company, it will be a ‘‘separate the General Accounts of Participating 3(T) each specifically provides that the account’’ as defined by Rule 0–1(e) (or Insurance Companies. relief granted thereunder is available any successor rule) under the Act and 8. The use of a common management only where shares of the underlying will be registered as a unit investment investment company (or series thereof) fund are offered exclusively to trust. For purposes of the Act, the as an investment medium for VLI insurance company separate accounts. Participating Insurance Company that Accounts, VA Accounts, Qualified In this regard, applicants request establishes such a registered VLI Plans, Advisers and General Accounts is exemptive relief to the extent necessary Account or VA Account is the depositor referred to herein as ‘‘extended mixed to permit shares of the Variable Funds and sponsor of the Separate Account as funding.’’ to be sold to Qualified Plans, Advisers those terms have been interpreted by the and General Accounts while allowing Applicants’ Legal Analysis Participating Insurance Companies and 2 There is currently only one participating 1. Section 9(a) of the 1940 Act makes their VA Accounts and VLI Accounts to insurance company, a variable annuity separate it unlawful for any company to serve as enjoy the benefits of the relief granted account. an investment adviser or principal under Rule 6e–2(b)(15) and Rule 6e–

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3(T)(b)(15). Applicants note that if the extent that such exemption is necessary requirement to pass through voting Variable Funds were to sell their shares or appropriate in the public interest and rights to Qualified Plan participants. only to Qualified Plans, exemptive relief consistent with the protection of Indeed, to the contrary, applicable law under Rule 6e–2 and Rule 6e–3(T) investors and the purposes fairly expressly reserves voting rights would not be necessary. The relief intended by the policy and provisions of associated with Qualified Plan assets to provided for under Rule 6e–2(b)(15) and the Act. Applicants submit that the certain specified persons as disclosed in Rule 6e–3(T)(b)(15) does not relate to exemptions requested are appropriate in the application. Qualified Plans, Advisers, or General the public interest and consistent with 11. Similarly, Advisers and General Accounts or to a registered investment the protection of investors and the Accounts are not subject to any pass- company’s ability to sell its shares to purposes fairly intended by the policy through voting rights. Accordingly, such purchasers. and provisions of the Act. unlike the circumstances surrounding 4. Applicants are not aware of any 8. Section 9(a)(3) of the Act provides, Separate Account investments in shares reason for excluding Separate Accounts among other things, that it is unlawful of the Variable Funds, the issue of the and investment companies engaged in for any company to serve as investment resolution of any material irreconcilable shared funding from the exemptive adviser or principal underwriter of any conflicts with respect to voting is not relief provided under Rules 6e–2(b)(15) registered open-end investment present with respect to Advisers or and 6e–3(T)(b)(15), or for excluding company if an affiliated person of that General Accounts of Participating Separate Accounts and investment company is subject to a disqualification Insurance Companies. companies engaged in mixed funding enumerated in sections 9(a)(1) or (2). 12. Applicants recognize that the from the exemptive relief provided Rules 6e–2(b)(15)(i) and (ii) and rules prohibitions on mixed and shared under Rule 6e–2(b)(15). Similarly, 6e–3(T)(b)(15)(i) and (ii) under the Act funding might reflect concern regarding applicants are not aware of any reason provide exemptions from section 9(a) possible different investment for excluding Participating Insurance under certain circumstances, subject to motivations among investors. When Companies from the exemptive relief the limitations discussed above on Rule 6e–2 was first adopted, variable requested because the Variable Funds mixed funding, extended mixed funding annuity separate accounts could invest may also sell their shares to Qualified and shared funding. These exemptions in mutual funds whose shares were also Plans, Advisers and General Accounts. limit the application of the eligibility offered to the general public. However, Rather, applicants submit that the restrictions to affiliated individuals or now, under the Internal Revenue Code proposed sale of shares of the Variable companies that directly participate in of 1986 (‘‘Code’’), any underlying fund, Funds to these purchasers may allow for management of the underlying including the Variable Funds, that sells the development of larger pools of assets investment company. shares to VA Accounts or VLI Accounts, resulting in the potential for greater 9. Rules 6e–2(b)(15)(iii) and 6e– would, in effect, be precluded from also investment and diversification 3(T)(b)(15)(iii) under the Act provide selling its shares to the public. opportunities, and for decreased exemptions from pass-through voting Consequently, the Funds may not sell expenses at higher asset levels resulting requirements with respect to several their shares to the public. in greater cost efficiencies. significant matters, assuming the 13. Applicants assert that the rights of 5. For the reasons explained below, limitations on mixed funding, extended an insurance company or a state Applicants have concluded that mixed funding and shared funding are insurance regulator to disregard the investment by Qualified Plans, Advisers observed. Rules 6e–2(b)(15)(iii)(A) and voting instructions of owners of and General Accounts in the Variable 6e–3(T)(b)(15)(iii)(A) provide that the Variable Contracts is not inconsistent Funds should not increase the risk of insurance company may disregard the with either mixed funding or shared material irreconcilable conflicts voting instructions of its variable life funding. Applicants state that The between owners of VLI Contracts and insurance contract owners with respect National Association of Insurance other types of investors or between to the investments of an underlying Commissioners Variable Life Insurance owners of VLI Contracts issued by investment company, or any contract Model Regulation (the ‘‘NAIC Model unaffiliated Participating Insurance between such an investment company Regulation’’) suggests that it is unlikely Companies. and its investment adviser, when that insurance regulators would find an 6. Consistent with the Commission’s required to do so by an insurance underlying fund’s investment policy, authority under Section 6(c) of the Act regulatory authority (subject to the investment adviser or principal to grant exemptive orders to a class or provisions of paragraphs (b)(5)(i) and underwriter objectionable for one type classes of persons and transactions, (b)(7)(ii)(A) of Rules 6e–2 and 6e–3(T)). of Variable Contract but not another applicants request exemptions for a 10. Applicants represent that the sale type. class consisting of Participating of Variable Fund shares to Qualified 14. Applicants assert that shared Insurance Companies and their separate Plans, Advisers or General Accounts funding by unaffiliated insurance accounts investing in the Existing will not have any impact on the companies does not present any issues Variable Fund and Future Variable exemptions requested herein regarding that do not already exist where a single Funds, as well as their principal the disregard of pass-through voting insurance company is licensed to do underwriters, that currently invest, or in rights. Shares sold to Qualified Plans business in several or all states. A the future will invest, in the Variable will be held by such Qualified Plans. particular state insurance regulator Funds. The exercise of voting rights by could require action that is inconsistent 7. Section 6(c) of the Act provides, in Qualified Plans, whether by trustees, with the requirements of other states in part, that the Commission, by order participants, beneficiaries, or which the insurance company offers its upon application, may conditionally or investment managers engaged by the contracts. However, the fact that unconditionally exempt any person, Qualified Plans, does not raise the type different insurers may be domiciled in security or transaction, or any class or of issues respecting disregard of voting different states does not create a classes of persons, securities or rights that are raised by VLI Accounts. significantly different or enlarged transactions, from any provision or With respect to Qualified Plans, which problem. Shared funding by unaffiliated provisions of the Act, or any rule or are not registered as investment insurers, in this respect, is no different regulation thereunder, if and to the companies under the Act, there is no than the use of the same investment

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company as the funding vehicle for Participating Insurance Company may beyond those that would otherwise exist affiliated insurers, which Rules 6e– be required, at the relevant Variable between owners of VLI Contracts and 2(b)(15) and 6e–3(T)(b)(15) permit. Fund’s election, to withdraw its VA Contracts. Applicants submit that Affiliated insurers may be domiciled in Separate Accounts’ investments in the either there are no conflicts of interest different states and be subject to relevant Variable Fund. No charge or or that there exists the ability by the differing state law requirements. penalty will be imposed as a result of affected parties to resolve such conflicts Affiliation does not reduce the such withdrawal. This requirement will consistent with the best interests of VLI potential, if any exists, for differences in be provided for in the participation Contract owners, VA Contract owners state regulatory requirements. agreement entered into by the and Qualified Plan participants. Applicants state that, in any event, the Participating Insurance Companies with 21. Applicants state that they conditions set forth below are designed the relevant Variable Fund. considered whether there are any issues to safeguard against, and provide 17. Applicants assert that there is no raised under the Code, Treasury procedures for resolving, any adverse reason why the investment policies of a Regulations, or Revenue Rulings effects that differences among state Variable Fund would or should be thereunder, if Qualified Plans, Separate regulatory requirements may produce. If materially different from what these Accounts, Advisers and General a particular state insurance regulator’s policies would or should be if the Accounts all invest in the same Variable decision conflicts with the majority of Variable Fund supported only VA Fund. Applicants have concluded that other state regulators, then the affected Accounts or VLI Accounts supporting neither the Code, nor the Treasury Participating Insurance Company will flexible premium or scheduled premium Regulations nor Revenue Rulings be required to withdraw its separate VLI Contracts. Each type of insurance thereunder present any inherent account investments in the relevant contract is designed as a long-term conflicts of interest if Qualified Plans, Variable Fund. This requirement will be investment program. VA Accounts, VLI Accounts, Advisers provided for in the Participation 18. Each Variable Fund will be and General Accounts all invest in the Agreement that will be entered into by managed to attempt to achieve its same Variable Fund. Participating Insurance Companies with specified investment objective, and not 22. Applicants note that, while there the relevant Variable Fund. favor or disfavor any particular are differences in the manner in which 15. Rules 6e–2(b)(15) and 6e– Participating Insurance Company or distributions from separate accounts 3(T)(b)(15) give Participating Insurance type of insurance contract. Applicants and Qualified Plans are taxed, these Companies the right to disregard the assert that there is no reason to believe differences have no impact on the voting instructions of VLI Contract that different features of various types of Variable Funds. When distributions are owners in certain circumstances. This Variable Contracts will lead to different to be made, and a Separate Account or right derives from the authority of state investment policies for each or for Qualified Plan is unable to net purchase insurance regulators over Separate different VLI Accounts and VA payments to make distributions, the Accounts. Under Rules 6e–2(b)(15) and Accounts. The sale of Variable Contracts Separate Account or Qualified Plan will 6e–3(T)(b)(15), a Participating Insurance and ultimate success of all VA Accounts redeem shares of the relevant Variable Company may disregard VLI Contract and VLI Accounts depends, at least in Fund at its net asset values in owner voting instructions only with part, on satisfactory investment conformity with rule 22c–1 under the respect to certain specified items. performance, which provides an Act (without the imposition of any sales Affiliation does not eliminate the incentive for each Participating charge) to provide proceeds to meet potential, if any exists, for divergent Insurance Company to seek optimal distribution needs. A Participating judgments as to the advisability or investment performance. Insurance Company will then make legality of a change in investment 19. Furthermore, no single investment distributions in accordance with the policies, principal underwriter or strategy can be identified as appropriate terms of its Variable Contracts, and a investment adviser initiated by such VLI to a particular Variable Contract. Each Qualified Plan will then make Contract owners. The potential for ‘‘pool’’ of VLI Contract and VA Contract distributions in accordance with the disagreement is limited by the owners is composed of individuals of terms of the Qualified Plan. requirements in Rules 6e–2 and 6e–3(T) diverse financial status, age, insurance 23. Applicants state that they that the Participating Insurance needs and investment goals. A Variable considered whether it is possible to Company’s disregard of voting Fund supporting even one type of provide an equitable means of giving instructions be reasonable and based on Variable Contract must accommodate voting rights to Variable Contract specific good faith determinations. these diverse factors in order to attract owners, Qualified Plans, Advisers and 16. A particular Participating and retain purchasers. Applicants state General Accounts. In connection with Insurance Company’s disregard of that permitting mixed and shared any meeting of Variable Fund voting instructions, nevertheless, could funding will provide economic support shareholders, the Variable Fund will conflict with the voting instructions of for the continuation of the Variable inform each Participating Insurance a majority of VLI Contract owners. The Funds. Applicants state further that Company (with respect to its Separate Participating Insurance Company’s mixed and shared funding will broaden Accounts and General Account), action possibly could be different than the base of potential Variable Contract Adviser(s), and Qualified Plan of its the determination of all or some of the owner investors, which may facilitate share holdings and provide other other Participating Insurance the establishment of additional Variable information necessary for such Companies (including affiliated Funds serving diverse goals. shareholders to participate in the insurers) that the voting instructions of 20. Applicants do not believe that the meeting (e.g., proxy materials). Each VLI Contract owners should prevail, and sale of the shares to Qualified Plans, Participating Insurance Company then either could preclude a majority vote Advisers or General Accounts will will solicit voting instructions from approving the change or could represent increase the potential for material owners of VLI Contracts and VA a minority view. If the Participating irreconcilable conflicts of interest Contracts in accordance with rules 6e– Insurance Company’s judgment between or among different types of 2 or 6e–3(T), or section represents a minority position or would investors. In particular, applicants see 12(d)(1)(E)(iii)(aa) of the Act, as preclude a majority vote, then the very little potential for such conflicts applicable, and its Participation

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Agreement with the relevant Variable among them are likely to be 30. Applicants assert that various Fund. Shares of a Variable Fund that are irreconcilable. factors have limited the number of held by an Adviser or a General 26. Although Participating Insurance insurance companies that offer Variable Account will generally be in the same Companies may have to overcome Contracts. These factors include the proportion as all votes cast on behalf of regulatory impediments in redeeming costs of organizing and operating a all Variable Contract owners having shares of a Variable Fund held by their funding vehicle, certain insurers’ lack of voting rights. However, an Adviser or Separate Accounts, applicants state that experience with respect to investment General Account will vote its shares in the Qualified Plans and participants in management, and the lack of name such other manner as may be required participant-directed Qualified Plans can recognition by the public of certain by the Commission or its staff. Shares make decisions quickly and redeem insurance companies as investment held by Qualified Plans will be voted in their shares in a Variable Fund and experts. In particular, some smaller life accordance with applicable law. The reinvest in another investment company insurance companies may not find it voting rights provided to Qualified or other funding vehicle without economically feasible, or within their Plans with respect to the shares would impediments, or as is the case with most investment or administrative expertise, be no different from the voting rights Qualified Plans, hold cash pending to enter the Variable Contract business that are provided to Qualified Plans suitable investment. As a result, on their own. Applicants state that use with respect to shares of mutual funds conflicts between the interests of of the Variable Funds as a common sold to the general public. Furthermore, Variable Contract owners and the investment vehicle for Variable if a material irreconcilable conflict interests of Qualified Plans and Contracts would reduce or eliminate arises because of a Qualified Plan’s Qualified Plan participants can usually these concerns. Mixed and shared decision to disregard Qualified Plan be resolved quickly since the Qualified funding should also provide several participant voting instructions, if Plans can, on their own, redeem their benefits to owners of Variable Contracts applicable, and that decision represents Variable Fund shares. Advisers and by eliminating a significant portion of a minority position or would preclude General Accounts can similarly redeem the costs of establishing and a majority vote, the Qualified Plan may their shares of a Variable Fund and administering separate underlying be required, at the election of the make alternative investments at any funds. relevant Variable Fund, to withdraw its time. 31. Applicants state that the 27. Finally, applicants state that they investment in the Variable Fund, and no Participating Insurance Companies will considered whether there is a potential charge or penalty will be imposed as a benefit not only from the investment for future conflicts of interest between result of such withdrawal. and administrative expertise of the Participating Insurance Companies and Variable Fund’s Adviser, but also from 24. Applicants do not believe that the Qualified Plans created by future the potential cost efficiencies and ability of a Variable Fund to sell its changes in the tax laws. Applicants do investment flexibility afforded by larger shares to a Qualified Plan, Adviser or not see any greater potential for material pools of funds. Therefore, making the General Account gives rise to a senior irreconcilable conflicts arising between Variable Funds available for mixed and security as defined by section 18(g) of the interests of Variable Contract owners shared funding will encourage more the Act. Regardless of the rights and and Plan participants from future benefits of participants under Qualified changes in the federal tax laws than that insurance companies to offer Variable Plans or owners of Variable Contracts, which already exists between VLI Contracts. This should result in VLI Accounts, VA Accounts, Qualified Contract owners and VA Contract increased competition with respect to Plans, Advisers and General Accounts owners. both Variable Contract design and only have, or will only have, rights with 28. Applicants recognize that the pricing, which can in turn be expected respect to their respective shares of a foregoing is not an all-inclusive list, but to result in more product variety. Variable Fund. These parties can only rather is representative of issues that Applicants also assert that sale of shares redeem such shares at net asset value. they believe are relevant to this in a Variable Fund to Qualified Plans, No shareholder of a class of the Variable application. Applicants believe that the in addition to VLI Accounts and VA Fund has any preference over any other sale of Variable Fund shares to Accounts, will result in an increased shareholder of the class with respect to Qualified Plans would not increase the amount of assets available for distribution of assets or payment of risk of material irreconcilable conflicts investment in a Variable Fund. dividends. between the interests of Qualified Plan 32. Applicants also submit that, 25. Applicants do not believe that the participants and Variable Contract regardless of the type of shareholder in veto power of state insurance owners or other investors. Further, a Variable Fund, an Adviser is or would commissioners over certain potential applicants submit that the use of the be contractually and otherwise obligated changes to Variable Fund investment Variable Funds with respect to to manage the Variable Fund solely and objectives approved by Variable Qualified Plans is not substantially exclusively in accordance with the Contract owners creates conflicts dissimilar from each Variable Fund’s Variable Fund’s investment objectives, between the interests of such owners current and anticipated use, in that policies and restrictions, as well as any and the interests of Qualified Plan Qualified Plans, like Separate Accounts, guidelines established by the Variable participants, Advisers or General are generally long-term investors. Fund’s Board. Accounts. Applicants note that a basic 29. Applicants assert that permitting a 33. Applicants assert that sales of premise of corporate democracy and Variable Fund to sell its shares to an Variable Fund shares, as described shareholder voting is that not all Adviser for the purpose of obtaining above, will not have any adverse federal shareholders may agree with a seed money or to the General Account income tax consequences to other particular proposal. Their interests and of a Participating Insurance Company investors in such a Variable Fund. opinions may differ, but this does not will enhance management of each 34. In addition, applicants assert that mean that inherent conflicts of interest Variable Fund without raising granting the exemptions requested exist between or among such significant concerns regarding material herein is in the public interest and, as shareholders or that occasional conflicts irreconcilable conflicts among different discussed above, will not compromise of interest that do occur between or types of investors. the regulatory purposes of sections 9(a),

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13(a), 15(a), or 15(b) of the Act or rules any potential or existing conflicts to the Qualified Plans from the affected 6e–2 or 6e–3(T) thereunder. Board. Each Participant will be Variable Fund and reinvesting them in responsible for assisting the Board in a different investment medium; and (d) Applicants’ Conditions carrying out the Board’s responsibilities establishing a new registered Applicants agree that the Commission under these conditions by providing the management investment company or order requested herein shall be subject Board with all information reasonably managed separate account. If a material to the following conditions: necessary for the Board to consider any irreconcilable conflict arises because of 1. A majority of the Board of each issues raised. This responsibility a decision by a Participating Insurance Variable Fund will consist of persons includes, but is not limited to, an Company to disregard Variable Contract who are not ‘‘interested persons’’ of the obligation by each Participating owner voting instructions, and that Variable Fund, as defined by Section Insurance Company to inform the Board decision represents a minority position 2(a)(19) of the Act, and the rules whenever Variable Contract owner or would preclude a majority vote, then thereunder, and as modified by any voting instructions are disregarded, and, the Participating Insurance Company applicable orders of the Commission, if pass-through voting is applicable, an may be required, at the election of the except that if this condition is not met obligation by each trustee for a Variable Fund, to withdraw such by reason of death, disqualification or Qualified Plan to inform the Board Participating Insurance Company’s VLI bona fide resignation of any trustee or whenever it has determined to disregard Account and VA Account investments trustees, then the operation of this Qualified Plan participant voting in the Variable Fund, and no charge or condition will be suspended: (a) for a instructions. The responsibility to report penalty will be imposed as a result of period of 90 days if the vacancy or such information and conflicts, and to such withdrawal. If a material vacancies may be filled by the Board; (b) assist the Board, will be a contractual irreconcilable conflict arises because of for a period of 150 days if a vote of obligation of all Participating Insurance a Qualified Plan’s decision to disregard shareholders is required to fill the Companies under their Participation Qualified Plan participant voting vacancy or vacancies; or (c) for such Agreement with a Variable Fund, and instructions, if applicable, and that longer period as the Commission may these responsibilities will be carried out decision represents a minority position prescribe by order upon application, or with a view only to the interests of the or would preclude a majority vote, the by future rule. 2. The Board will monitor a Variable Variable Contract owners. The Qualified Plan may be required, at the Fund for the existence of any material responsibility to report such election of the Variable Fund, to irreconcilable conflict between and information and conflicts, and to assist withdraw its investment in the Variable among the interests of the owners of all the Board, also will be contractual Fund, and no charge or penalty will be VLI Contracts and VA Contracts and obligations of all Qualified Plans under imposed as a result of such withdrawal. participants of all Qualified Plans their participation agreement with a The responsibility to take remedial investing in the Variable Fund, and Variable Fund, and such agreements action in the event of a Board determine what action, if any, should be will provide that these responsibilities determination of a material taken in response to such conflicts. A will be carried out with a view only to irreconcilable conflict and to bear the material irreconcilable conflict may the interests of Qualified Plan cost of such remedial action will be a arise for a variety of reasons, including: participants. contractual obligation of all Participants (a) an action by any state insurance 4. If it is determined by a majority of under their participation agreement regulatory authority; (b) a change in the Board, or a majority of the with a Variable Fund, and these applicable federal or state insurance, disinterested trustees of the Board, that responsibilities will be carried out with tax, or securities laws or regulations, or a material irreconcilable conflict exists, a view only to the interests of Variable a public ruling, private letter ruling, no- then the relevant Participant will, at its Contract owners or, as applicable, action or interpretive letter, or any expense and to the extent reasonably Qualified Plan participants. similar action by insurance, tax or practicable (as determined by a majority For purposes of this condition 4, a securities regulatory authorities; (c) an of the disinterested trustees), take majority of the disinterested trustees of administrative or judicial decision in whatever steps are necessary to remedy the Board will determine whether or not any relevant proceeding; (d) the manner or eliminate the material irreconcilable any proposed action adequately in which the investments of the Variable conflict, up to and including: (a) remedies any material irreconcilable Fund are being managed; (e) a difference withdrawing the assets allocable to conflict, but, in no event, will the in voting instructions given by VA some or all of their VLI Accounts or VA Variable Fund or its investment adviser Contract owners, VLI Contract owners, Accounts from the Variable Fund and be required to establish a new funding and Qualified Plans or Qualified Plan reinvesting such assets in a different vehicle for any Variable Contract or participants; (f) a decision by a investment vehicle, including another Qualified Plan. No Participating Participating Insurance Company to Variable Fund; (b) in the case of a Insurance Company will be required by disregard the voting instructions of Participating Insurance Company, this condition 4 to establish a new contract owners; or (g) if applicable, a submitting the question as to whether funding vehicle for any Variable decision by a Qualified Plan to such segregation should be Contract if any offer to do so has been disregard the voting instructions of implemented to a vote of all affected declined by vote of a majority of the Qualified Plan participants. Variable Contract owners and, as Variable Contract owners materially and 3. Participating Insurance Companies appropriate, segregating the assets of adversely affected by the material (on their own behalf, as well as by any appropriate group (i.e., VA Contract irreconcilable conflict. Further, no virtue of any investment of General owners or VLI Contact owners of one or Qualified Plan will be required by this Account assets in a Variable Fund), the more Participating Insurance condition 4 to establish a new funding Advisers, and any Qualified Plan that Companies) that votes in favor of such vehicle for the Qualified Plan if: (a) a executes a participation agreement upon segregation, or offering to the affected majority of the Qualified Plan its becoming an owner of 10% or more Contract owners the option of making participants materially and adversely of the assets of a Variable Fund such a change; (c) withdrawing the affected by the irreconcilable material (collectively, ‘‘Participants’’) will report assets allocable to some or all of the conflict vote to decline such offer, or (b)

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pursuant to documents governing the Account shall vote its shares in such such steps as may be necessary to Qualified Plan, the Qualified Plan other manner as may be required by the comply with Rules 6e–2 or 6e–3(T), as trustee makes such decision without a Commission or its staff. amended, or Rule 6e–3, to the extent Qualified Plan participant vote. 9. Each Variable Fund will comply such rules are applicable. 5. The determination by the Board of with all provisions of the Act requiring the existence of a material irreconcilable voting by shareholders (which, for these 13. Each Participant, at least annually, conflict and its implications will be purposes, shall be the persons having a shall submit to the Board such reports, made known in writing promptly to all voting interest in its shares), and, in materials or data as the Board Participants. particular, the Variable Fund will either reasonably may request so that the 6. Participating Insurance Companies provide for annual meetings (except to trustees may fully carry out the will provide pass-through voting the extent that the Commission may obligations imposed upon the Board by privileges to all Variable Contract interpret Section 16 of the Act not to the conditions contained in this owners whose Variable Contracts are require such meetings) or comply with application. Such reports, materials and issued through registered VLI Accounts Section 16(c) of the Act (although the data shall be submitted more frequently or registered VA Accounts for as long as Trust is not, or will not be, one of those if deemed appropriate by the Board. The the Commission continues to interpret trusts of the type described in Section obligations of the Participants to the Act as requiring such pass-through 16(c) of the Act), as well as with Section provide these reports, materials and voting privileges. However, as to 16(a) of the Act and, if and when data to the Board, when it so reasonably Variable Contracts issued through VA applicable, Section 16(b) of the Act. requests, shall be a contractual Accounts or VLI Accounts not registered Further, each Variable Fund will act in obligation of all Participants under their as investment companies under the Act, accordance with the Commission’s participation agreement with the pass-through voting privileges will be interpretations of the requirements of Variable Fund. extended to owners of such Variable Section 16(a) with respect to periodic Contracts to the extent granted by the elections of trustees and with whatever 14. All reports of potential or existing Participating Insurance Company. rules the Commission may promulgate conflicts received by a Board, and all Accordingly, such Participating thereunder. Board action with regard to determining Insurance Companies, where applicable, 10. A Variable Fund will make its the existence of a conflict, notifying will vote the shares of each Variable shares available to the VLI Accounts, Participants of a conflict and Fund held in their VLI Accounts and VA Accounts, and Qualified Plans at or determining whether any proposed VA Accounts in a manner consistent about the time it accepts any seed action adequately remedies a conflict, with voting instructions timely received capital from its Adviser, or from the will be properly recorded in the minutes from Variable Contract owners. General Account of a Participating of the Board or other appropriate Participating Insurance Companies will Insurance Company. records, and such minutes or other be responsible for assuring that each of 11. Each Variable Fund has notified, records shall be made available to the their VLI and VA Accounts investing in or will notify, all Participants that Commission upon request. a Variable Fund calculates voting disclosure regarding potential risks of privileges in a manner consistent with mixed and shared funding may be 15. Each Variable Fund will not all other Participating Insurance appropriate in VLI Account and VA accept a purchase order from a Companies investing in that Variable Account prospectuses or Qualified Plan Qualified Plan if such purchase would Fund. documents. Each Variable Fund will make the Qualified Plan an owner of 10 7. The obligation to calculate voting disclose, in its prospectus that: (a) percent or more of the assets of the privileges as provided in this shares of the Variable Fund may be Variable Fund unless the Qualified Plan application shall be a contractual offered to both VA Accounts and VLI executes an agreement with the Variable obligation of all Participating Insurance Accounts and, if applicable, to Qualified Fund governing participation in the Companies under their Participation Plans; (b) due to differences in tax Variable Fund that includes the Agreement with the Variable Fund. treatment and other considerations, the conditions set forth herein to the extent Each Participating Insurance Company interests of various Variable Contract applicable. A Qualified Plan will will vote shares of each Variable Fund owners participating in the Variable execute an application containing an held in its Separate Accounts for which Fund and the interests of Qualified Plan acknowledgement of this condition at no timely voting instructions are participants investing in the Variable the time of its initial purchase of shares. received, as well as shares held in its Fund, if applicable, may conflict; and General Account or otherwise attributed (c) the Trust’s Board will monitor events Conclusion to it, in the same proportion as those in order to identify the existence of any shares for which voting instructions are material irreconcilable conflicts and to Applicants submit, for all of the received. Each Qualified Plan will vote determine what action, if any, should be reasons explained above, that the as required by applicable law, governing taken in response to any such conflicts. exemptions requested are appropriate in Qualified Plan documents and as 12. If and to the extent Rule 6e–2 and the public interest and consistent with provided in this application. Rule 6e–3(T) under the Act are the protection of investors and the 8. As long as the Commission amended, or proposed Rule 6e–3 under purposes fairly intended by the policy continues to interpret the Act as the Act is adopted, to provide and provisions of the Act. requiring that pass-through voting exemptive relief from any provision of For the Commission, by the Division of privileges be provided to Variable the Act, or the rules thereunder, with Investment Management, pursuant to Contract owners, a Variable Fund respect to mixed or shared funding, on delegated authority. Adviser or any General Account will terms and conditions materially vote its respective shares of the Variable different from any exemptions granted Kevin O’Neill, Fund in the same proportion as all votes in the order requested in this Deputy Secretary. cast on behalf of all Variable Contract application, then each Variable Fund [FR Doc. 2014–24877 Filed 10–15–14; 4:15 pm] owners having voting rights; provided, and/or Participating Insurance BILLING CODE 8011–01–P however, that such Adviser or General Companies, as appropriate, shall take

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SECURITIES AND EXCHANGE FINRA extended the time period in Federal Register on July 22, 2014.9 The COMMISSION which the Commission must approve Commission received six (6) comment the proposed rule change, disapprove letters in response to the Notice of [Release No. 34–73339; File No. SR–FINRA– 10 2014–006] the proposed rule change, or institute Amendment. On September 16, 2014, proceedings to determine whether to FINRA filed a letter responding to these Self-Regulatory Organizations; approve or disapprove the proposed comments.11 Financial Industry Regulatory rule change to May 20, 2014. On May This order approves the proposed rule Authority, Inc.; Order Approving 20, 2014, the Commission issued an change, as modified by Amendment No. Proposed Rule Change, as Modified by order instituting proceedings pursuant 1. Amendment No. 1, Relating to Per to Section 19(b)(2)(B) of the Act 5 to II. Description of the Proposal, as Share Estimated Valuations for determine whether to approve or Modified by Amendment No. 1 Unlisted DPP and REIT Securities disapprove the proposed rule change. The order was published for comment A. Proposed Revisions to NASD Rule October 10, 2014. in the Federal Register on May 27, 2340 (Customer Account Statements) I. Introduction 2014.6 The Commission received six (6) FINRA proposes to amend NASD Rule comment letters in response to the 2340 to require general securities On January 31, 2014, Financial 7 Industry Regulatory Authority, Inc. Proceedings Order. members to include in customer (‘‘FINRA’’) (f/k/a National Association On July 11, 2014, FINRA filed a letter account statements a per share of Securities Dealers, Inc. (‘‘NASD’’)) responding to comments and estimated value for an unlisted DPP or filed with the Securities and Exchange Amendment No. 1 to the proposed rule REIT security, developed in a manner Commission (‘‘SEC’’ or ‘‘Commission’’), change.8 A notice of the amendment reasonably designed to ensure that the pursuant to Section 19(b)(1) of the was published for comment in the per share estimated value is reliable, as well as to make related disclosures.12 Securities Exchange Act of 1934 (‘‘Act’’ FINRA also proposes two methodologies or ‘‘Exchange Act’’) 1 and Rule 19b–4 Scott Ilgerfritz, Immediate Past-President, Public for calculating the per share estimated thereunder,2 a proposed rule change to Investors Arbitration Bar Association, dated March value for a DPP or REIT security that amend provisions in the NASD and 11, 2014; Thomas Price, Managing Director, Securities Industry and Financial Markets would be deemed to have been FINRA rulebooks addressing per share Association, dated March 12, 2014; Steve Morrison, developed in a manner reasonably estimated valuations for unlisted direct Senior Vice President and Associate Counsel, LPL designed to ensure that it is reliable: (1) participation program (‘‘DPP’’) and real Financial, dated March 12, 2014; Jacob Frydman, The net investment methodology; and estate investment trust (‘‘REIT’’) Chairman and Chief Executive Officer, United Realty Trust Incorporated, dated March 12, 2014; (2) the appraised value methodology.13 securities. In particular, FINRA Dechert LLP, dated March 12, 2014; David Each methodology is described in proposes revising NASD Rule 2340 Hirschmann, President and Chief Executive Officer, Center for Capital Markets Competitiveness, U.S. greater detail below, along with other (Customer Account Statements) to proposed revisions. modify the requirements relating to the Chamber of Commerce, dated March 12, 2014; Steven A. Wechsler, President and Chief Executive inclusion of a per share estimated value Officer, National Association of Real Estate 1. Net Investment Methodology for unlisted DPP and REIT securities on Investment Trusts, dated March 12, 2014; Kirk Under the proposal, the net a customer account statement and Montgomery, Head of Regulatory Affairs, CNL investment methodology would reflect FINRA Rule 2310 (Direct Participation Financial Group, LLC, dated March 12, 2014; Mark Goldberg, Chairman, Investment Program the ‘‘net investment’’ disclosed in the Programs) to modify the requirements Association, dated March 12, 2014; David T. issuer’s most recent periodic or current applicable to members’ participation in Bellaire, Esq., Executive Vice President and General a public offering of DPP or REIT Counsel, Financial Services Institute, dated March 9 Exchange Act Release No. 72626 (July 16, 2014); securities. 12, 2014; Martel Day, Principal, NLR Advisory 79 FR 42590 (July 22, 2014) (Notice of Filing of Services, LLC, dated March 12, 2014; and Mark The proposed rule change was Amendment No. 1 to Proposed Rule Change Kosanke, President, Real Estate Investment Relating to Per Share Estimated Valuations for published for comment in the Federal Securities Association, dated March 12, 2014. Unlisted DPP and REIT Securities) (‘‘Notice of 3 Register on February 19, 2014. The Comment letters are available at www.sec.gov. Amendment’’). The comment period closed on Commission received eighteen (18) The Commission discussed these comments in August 12, 2014. comment letters in response to the the Proceedings Order. See infra note 6. 10 Letters to Elizabeth Murphy, Secretary, SEC, 5 15 U.S.C. 78s(b)(2)(B). Notice of Filing.4 On March 14, 2014, from Mark Goldberg, Chairman, Investment 6 Exchange Act Release No. 72193 (May 20, 2014), Program Association, dated July 28, 2014 (‘‘IPA 79 FR 30217 (May 27, 2014) (Order Instituting Letter’’); Steven A. Wechsler, President and Chief 1 15 U.S.C. 78s(b)(1). Proceedings to Determine Whether to Approve or Executive Office, National Association of Real 2 17 CFR 240.19b–4. Disapprove a Proposed Rule Change Relating to Per Estate Investment Trusts, dated August 12, 2014 3 Exchange Act Release No. 71545 (Feb. 12, 2014), Share Estimated Valuations for Unlisted DPP and (‘‘NAREIT Letter’’); Frederick P. Baerenz, President 79 FR 9535 (Feb. 19, 2014) (Notice of Filing of REIT Securities) (‘‘Proceedings Order’’). The and Chief Executive Officer, AOG Wealth Proposed Rule Change Relating to Per Share comment period closed on June 26, 2014. Management, dated August 12, 2014 (‘‘AOG Estimated Valuations for Unlisted DPP and REIT 7 Letters to Elizabeth Murphy, Secretary, SEC, Letter’’); Daniel R. Gilbert, Chief Investment and Securities) (‘‘Notice of Filing’’). The comment from Kenneth Mills, dated June 24, 2014; Jason Operating Officer, NorthStar Asset Management period closed on March 12, 2014. Doss, President, Public Investors Arbitration Bar Group, Inc., dated August 12, 2014 (‘‘NorthStar 4 Letters to Elizabeth Murphy, Secretary, SEC, Association, dated June 25, 2014; Mark Kosanke, Letter’’); David T. Bellaire, Executive Vice President from Mark Goldberg, Chairman, Investment President, Real Estate Investment Securities and General Counsel, Financial Services Institute, Program Association, dated February 5, 2014; David Association, dated June 26, 2014; Thomas F. Price, dated August 12, 2014 (‘‘FSI Letter’’); and Andrea T. Bellaire, Esq., Executive Vice President and Managing Director, Operations, Technology and Seidt, President, North American Securities General Counsel, Financial Services Institute, dated BCP, Securities Industry and Financial Markets Administrators Association, Inc., and February 5, 2014; Mark Kosanke, President, Real Association, dated June 26, 2014; David T. Bellaire, Commissioner, Ohio Division of Securities, dated Estate Investment Securities Association, dated Executive Vice President and General Counsel, August 22, 2014 (‘‘NASAA Letter’’). Comment February 11, 2014; Steven A. Wechsler, President Financial Services Institute, dated June 26, 2014; letters are available at www.sec.gov. and Chief Executive Officer, National Association of and Peter Peters, dated July 15, 2014. Comment 11 Letter to Brent J. Fields, Secretary, SEC, from Real Estate Investment Trusts, dated February 14, letters are available at www.sec.gov. Matthew E. Vitek, Associate General Counsel, 2014; Jeff Johnson, Chief Executive Officer, 8 Letter to Kevin O’Neill, Deputy Secretary, SEC, FINRA, dated September 16, 2014 (‘‘FINRA’s Dividend Capital Diversified Property Fund Inc., from Matthew E. Vitek, Associate General Counsel, Second Response Letter’’). FINRA’s Second dated February 28, 2014; Michael Crimmins, Chief FINRA, dated July 11, 2014 (‘‘FINRA’s First Response Letter is available at www.sec.gov. Executive Officer and Managing Director, KBS Response Letter’’). FINRA’s First Response Letter is 12 See Proposed NASD Rule 2340(c). Capital Markets Group, dated February 28, 2014; available at www.sec.gov. 13 See Proposed NASD Rule 2340(c)(1).

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report. More specifically, the proposal days following the second anniversary B. Proposed Revisions to FINRA Rule would require ‘‘net investment’’ to be of the breaking of escrow.20 2310 (Direct Participation Programs) based on the ‘‘amount available for 2. Appraised Value Methodology FINRA also proposes to amend FINRA investment’’ percentage in the Rule 2310(b)(5) to prohibit a member ‘‘Estimated Use of Proceeds’’ section of Under the proposal, the appraised 14 from participating in a public offering of the offering prospectus; alternatively, value methodology would consist of the the securities of a REIT or DPP unless where ‘‘amount available for appraised valuation disclosed in the the issuer of the DPP or REIT has agreed investment’’ is not provided, the issuer’s most recent periodic or current to disclose: proposal would require ‘‘net report. More specifically, the proposal (1) A per share estimated value of the investment’’ to be based on another would require: (1) That the valuation be DPP or REIT security that is: (a) equivalent disclosure that reflects the based on valuations of the assets and Developed in a manner reasonably estimated percentage deduction from liabilities of the DPP or REIT; and (2) designed to ensure it is reliable, and (b) the aggregate dollar amount of securities that those valuations: (a) Be performed disclosed in the DPP’s or REIT’s registered for sale to the public of sales periodic reports filed pursuant to commissions, dealer manager fees, and at least annually; (b) be conducted by, or with the material assistance or Sections 13(a) or 15(d) of the Act; an estimated issuer offering and explanation of the method by which the organization expenses.15 confirmation of, a third-party valuation expert or service; and (c) be derived value was developed; and the date of The proposal would not require the from a methodology that conforms to the valuation; and calculation of ‘‘net investment’’ to standard industry practice. The (2) a per share estimated value of the involve the deduction from the per proposal would allow a member to use DPP or REIT security that is: (a) Based share estimated value of ‘‘over- the appraised value methodology at any on valuations of the assets and liabilities distributions.’’ 16 The proposal would, time.21 of the DPP or REIT performed at least however, require members that use the annually by, or with the material net investment methodology to provide The proposed rule change would, assistance or confirmation of, a third- a per share estimated value for a DPP or however, provide a different party valuation expert or service; (b) REIT security to disclose in the requirement for DPPs subject to the derived from a methodology that customer account statement the Investment Company Act of 1940 conforms to standard industry practice; following statement: ‘‘IMPORTANT— (‘‘1940 Act’’) (e.g., business and (c) disclosed in the DPP’s or REIT’s Part of your distribution includes a development companies). Specifically, periodic reports filed pursuant to return of capital. Any distribution that FINRA acknowledged that business Sections 13(a) or 15(d) of the Act within represents a return of capital reduces development companies that fall under 150 days following the second the estimated per share value shown on the definitions of DPP are subject to the anniversary of breaking escrow (and in your account statement.’’ 17 The 1940 Act, which already requires the each annual report thereafter); and a proposal would require the member to issuer to determine and publish its net concomitant written opinion or report disclose this statement prominently and asset value on a regular basis.22 Thus, by the issuer, delivered at least annually in proximity to the disclosure of for these DPPs, the proposed rule would to the member that explains the scope distributions and the per share require the appraised value of the review, the valuation 18 estimated value. methodology to be consistent with the methodology used, and the basis for the In addition, the proposal would valuation requirements of the 1940 Act reported value. clarify that when an issuer provides a and the rules thereunder.23 The proposed rule change would, range of amounts available for however, except DPPs subject to the investment, the proposal would allow a 3. General Disclosures 1940 Act from the requirements of proposed Rule 2310(b)(5). As stated general securities member to use the The proposal would also require above, FINRA acknowledged that such maximum offering percentage unless the members to include specific disclosures member has reason to believe that such DPPs are subject to an existing on customer account statements that percentage is unreliable. If the member regulatory framework (the 1940 Act) provide a per share estimated value for has reason to believe that it is that already requires the issuer of their a DPP or REIT security (calculated using unreliable, the member must use the securities to determine and publish either the net investment methodology 25 minimum offering percentage.19 their net asset value on a regular basis. or the appraised value methodology). In Finally, the proposal would allow a particular, the proposal would require a C. Technical Change member to use the net investment member to include disclosures stating FINRA also proposes making a change methodology at any time before 150 that the DPP or REIT security is not to its Rules Manual to conform to the listed on a national securities exchange, other revisions discussed above by 14 ‘‘This disclosure is typically included in the is generally illiquid, and that, even if a prospectus for REIT offerings and is described in deleting FINRA Rule 5110(f)(2)(L) the SEC’s Securities Act Industry Guide 5 customer is able to sell the security, the (Corporate Financing Rule— (Preparation of registration statements relating to price received may be less than the per Underwriting Terms and interests in real estate limited partnerships).’’ share estimated value provided in the Arrangements). That paragraph Notice of Filing at note 12. statement.24 currently provides that it is unfair and 15 See Proposed NASD Rule 2340(c)(1)(A). 16 See Notice of Filing at note 20 (generally unreasonable for a member or person describing ‘‘over-distributions’’ as a return of 20 See Id. See also Notice of Filing at note 11 associated with a member to participate investor capital as a distribution rather than the use (stating that ‘‘[g]enerally, offering proceeds are in a public offering of a REIT unless the of that capital to generate return on investment); see placed in escrow until the minimum conditions of trustee will disclose in each annual also Notice of Amendment (clarifying that ‘‘over- the offering are met, at which time the issuer is distributions’’ should be excluded from the permitted to access the offering proceeds’’). report distributed to investors a per calculation of ‘‘net investment’’). 21 See Proposed NASD Rule 2340(c)(1)(B). share estimated value of the trust 17 See Proposed NASD Rule 2340(c)(2)(A). 22 See Notice of Amendment. securities, the methodology by which it 18 Id. 23 See Proposed NASD Rule 2340(c)(1)(B). 19 See Proposed NASD Rule 2340(c)(1)(A). 24 See Proposed NASD Rule 2340(c)(2)(B). 25 See Notice of Amendment.

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was developed, and the date of the data investment methodology’s requirements Commission finds that the proposed used to develop the value. concerning offering and organization rule change is consistent with the The text of the proposed rule change expenses to manipulate valuation of provisions of Section 15A(b)(6) of the is available at the principal office of DPP and REIT securities.35 Act, which requires, among other FINRA, on FINRA’s Web site at http:// (3) In addition, the commenter things, that FINRA’s rules be designed www.finra.org, and at the Commission’s recommended that FINRA require to prevent fraudulent and manipulative Public Reference Room. disclosure of the identity of the third- acts and practices; promote just and party valuation expert or service used to III. Description of Comments on the equitable principles of trade; and, in obtain a valuation under the appraised Proposal, as Amended, and FINRA’s general, protect investors and the public value methodology and clarify that such 41 Response interest. third-party must be independent. The proposal, as amended, is A. Comments (4) Finally, the commenter opposed designed to address longstanding As stated above, the Commission the extension of the effective date of the concerns with the current industry received six (6) comment letters in proposal, as amended, stating that practice of displaying a DPP or REIT response to the Proceedings Order.26 ‘‘industry should not need an additional security’s immutable offering price as its Those commenters generally reiterated year-and-a-half to make the necessary per share estimated value on customer concerns expressed in response to the changes’’ and ‘‘[investors] should not be account statements throughout the forced to wait another year for more Notice of Filing. offering period (which can last several transparent price reporting.’’ 36 In addition, the Commission received years),42 despite the fact that the value six (6) comment letters in response to B. FINRA’s Response of the DPP or REIT security fluctuates. the Notice of Amendment.27 Four (4) of In its response letter, FINRA stated FINRA’s proposed rule change would these commenters fully supported the that it has considered the concerns require members to include in customer proposal.28 Two (2) other commenters, raised by the two concerned account statements per share estimated however, raised concerns (discussed commenters.37 FINRA also stated, values of unlisted DPP and REIT below).29 securities that are developed in a One of the concerned commenters however, that it believes that the proposal, as amended, ‘‘significantly manner reasonably designed to ensure supported aspects of the proposal.30 improves the transparency of the per they are reliable. The Commission This commenter, however, encouraged share estimated value of DPP and REIT believes that the proposal would, rejecting the proposal’s requirement for securities on customer account therefore, greatly improve the accuracy members to report initial share prices, statements.’’ 38 Accordingly, FINRA and transparency of the value of DPP stating that substituting ‘‘a flawed share declined making any additional changes and REIT securities and, in turn, better pricing system with a different flawed in response to commenters’ concerns protect the investing public. pricing system is apt to lead to but stated that it would ‘‘continue to As discussed above, the Commission confusion rather than clarity.’’ 31 This monitor practices in this area to received eighteen (18) comment letters commenter also suggested that market determine whether additional changes in response to the Notice of Filing, six forces are sufficiently driving are necessary.’’ 39 (6) comment letters in response to the improvements in the unlisted DPP and Proceedings Order, six (6) comment IV. Discussion and Commission REIT industry, noting changes in fee letters in response to the Notice of 32 Findings structures. Amendment, and two (2) response The second concerned commenter The Commission has carefully letters from FINRA. The Commission also supported aspects of the proposal.33 considered the proposal, as amended; appreciates the points raised by the This commenter, however, opposed the the comments received; and FINRA’s commenters, and the Commission following other aspects of the proposal: responses to the comments. Based on its (1) The commenter opposed believes that FINRA responded review of the record, the Commission appropriately to their concerns.43 The excluding over-distribution from the finds that the proposal is consistent valuation calculation under the net with the requirements of the Act and the efficiency, competition, and capital formation. See investment methodology, stating that rules and regulations thereunder 15 U.S.C. 78c(f). excluding it would decrease the applicable to a national securities See, e.g., Proceedings Order at 7 (noting accuracy and transparency of the association.40 In particular, the commenters’ concern about the potential economic disclosed values of DPP and REIT impact of the proposal, as originally proposed; also 34 FINRA’s First Response Letter, which provided a securities. 35 See supra note 19 and surrounding text. detailed economic impact statement in response to (2) The commenter also expressed 36 NASAA Letter. those commenters). The Commission has received concern that members could use the net 37 FINRA’s Second Response Letter. See, e.g., no additional public comment on the potential FINRA’s First Response Letter (summarizing and economic impact of the proposed rule change, as 26 See supra note 7. responding to commenters’ concerns about amended. calculating over-distributions); FINRA’s First 41 27 See supra note 10. 15 U.S.C. 78o–3(b)(6). Response Letter (proposed NASD Rule 42 28 See Notice of Filing at note 8 and surrounding FSI Letter, IPA Letter, NAREIT Letter, and 2340(c)(1)(A) (stating that if a member has reason NorthStar Letter. text (stating that ‘‘Rule 415(a)(5) under the to believe that the maximum offering percentage is Securities Act of 1933 (‘Securities Act’) provides 29 AOG Letter and NASAA Letter. unreliable, the member must use the minimum that certain types of securities offerings, including 30 AOG Letter (stating that ‘‘providing sponsor offering percentage); FINRA’s First Response Letter continuous offerings of DPPs and REITs, may companies with a formula and timeline . . . for (extending the effective date to provide industry continue for no more than three years from the appraising and reporting the values [other than the participants sufficient time to make adjustments to initial effective date of the registration statement. initial value] of non-traded REITS is very valuable’’ product structures and any necessary operational Under Rule 415(a)(6), the SEC may declare another and ‘‘[providing] broker-dealers assurance that they changes, as well as to limit the impact of the registration statement for a DPP or REIT effective can rely on those values is also very helpful’’). amended proposal on current offerings); and such that an offering can continue for another three- 31 Id. proposed NASD Rule 2340(c)(1)(B) (stating that the year offering period’’). 32 Id. valuation expert or service must be a third-party). 43 FINRA did not directly respond to the 33 NASAA Letter (stating that ‘‘[r]equiring 38 FINRA’s Second Response Letter. commenter’s recommendation to require disclosure securities to be valued on the customer account 39 Id. of the name of the third-party expert or service for statement enhances transparency to the customer’’). 40 In approving the proposal, as amended, the purposes of proposed NASD Rule 2340(c)(1)(B). The 34 See supra note 16 and surrounding text. Commission has considered the impact on Continued

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Commission notes that, while one the impact of the amended proposal on with the Securities and Exchange commenter on the amended proposal current offerings.50 Commission (the ‘‘Commission’’) the suggested market forces should be In sum, the Commission believes that proposed rule change as described in sufficient to drive improvements in the the proposal, as amended, represents a Items I and II below, which Items have unlisted DPP and REIT industry,44 given significant improvement to current been prepared by the self-regulatory current industry practice with respect to industry practice concerning the organization. The Commission is disclosure of DPP and REIT values, the disclosure of the value of unlisted DPP publishing this notice to solicit Commission believes that FINRA’s and REIT securities. As amended, the comments on the proposed rule change amended proposal is warranted. proposal would help ensure that from interested persons. investors receive more accurate Also, given commenters’ concern I. Self-Regulatory Organization’s information regarding the nature and regarding the complexity of calculating Statement of the Terms of the Substance worth of their holdings of DPP and REIT over-distributions, the Commission of the Proposed Rule Change supports FINRA’s amended approach of securities. While the Commission requiring enhanced disclosure believes that this outcome would The Exchange proposes to list and surrounding them. More specifically, improve accuracy and transparency and, trade the following under NYSE Arca the Commission believes that, at this consequently, investor protection, it Equities Rule 8.600 (‘‘Managed Fund time, this approach would improve will continue to monitor the activity in Shares’’): iShares Interest Rate Hedged investor awareness and understanding this market for potential abuses. 0–5 Year High Yield Bond ETF; iShares in a practical manner. For the reasons stated above, the Interest Rate Hedged 10+ Year Credit Bond ETF; and the iShares Interest Rate In addition, one commenter on the Commission finds that the proposed Hedged Emerging Markets Bond ETF. amended proposal expressed concern rule change, as amended, is consistent The text of the proposed rule change is that members could use the net with the Act and the rules and regulations thereunder. available on the Exchange’s Web site at investment methodology’s requirements www.nyse.com, at the principal office of concerning offering and organization V. Conclusion the Exchange, and at the Commission’s expenses to manipulate DPP and REIT It is therefore ordered, pursuant to Public Reference Room. values.45 Under the amended proposal, Section 19(b)(2) of the Act,51 that the however, if a member has reason to II. Self-Regulatory Organization’s proposed rule change (SR–FINRA– believe a calculation of the offering and Statement of the Purpose of, and 2014–006), as modified by Amendment organization expenses using the Statutory Basis for, the Proposed Rule No. 1, be, and hereby is, approved. maximum offering percentage is Change unreliable, the member must use the For the Commission, by the Division of In its filing with the Commission, the minimum offering percentage.46 Trading and Markets, pursuant to delegated authority.52 self-regulatory organization included The same commenter further statements concerning the purpose of, recommended that FINRA require Kevin M. O’Neill, and basis for, the proposed rule change disclosure of the identity of the service Deputy Secretary. and discussed any comments it received used to obtain a valuation under the [FR Doc. 2014–24681 Filed 10–16–14; 8:45 am] on the proposed rule change. The text appraised value methodology and BILLING CODE 8011–01–P of those statements may be examined at clarify that such service must be the places specified in Item IV below. independent.47 Regarding disclosure of The Exchange has prepared summaries, the valuation service’s identity, the SECURITIES AND EXCHANGE set forth in sections A, B, and C below, Commission notes that this information COMMISSION of the most significant parts of such may be available through an issuer’s [Release No. 34–73342; File No. SR– statements. prospectus. Regarding the independence NYSEArca–2014–114] A. Self-Regulatory Organization’s of the service, the amended proposal Statement of the Purpose of, and requires the use of a ‘‘third-party Self-Regulatory Organizations; NYSE Statutory Basis for, the Proposed Rule valuation expert,’’ which both the Arca, Inc.; Notice of Filing of Proposed Change Commission and FINRA interpret as Rule Change To List and Trade Shares being an independent entity.48 of the iShares Interest Rate Hedged 0– 1. Purpose Finally, the commenter opposed the 5 Year High Yield Bond ETF, iShares The Exchange proposes to list and extension of the effective date under the Interest Rate Hedged 10+ Year Credit trade shares (‘‘Shares’’) of the following amended proposal, stating that investors Bond ETF, and the iShares Interest under NYSE Arca Equities Rule 8.600, should not have to wait for more Rate Hedged Emerging Markets Bond which governs the listing and trading of transparent price reporting.49 FINRA ETF Under NYSE Arca Equities Rule Managed Fund Shares: 4 iShares Interest extended the effective date, however, to 8.600 Rate Hedged 0–5 Year High Yield Bond provide industry participants sufficient October 10, 2014. time to make adjustments to product 4 Pursuant to Section 19(b)(1) 1 of the A Managed Fund Share is a security that structures and any necessary represents an interest in an investment company Securities Exchange Act of 1934 (the operational changes, as well as to limit registered under the Investment Company Act of ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as notice is hereby given that, on an open-end investment company or similar entity Commission notes, however, that this information September 29, 2014, NYSE Arca, Inc. that invests in a portfolio of securities selected by may be available in an issuer’s prospectus. its investment adviser consistent with its 44 AOG Letter. (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed investment objectives and policies. In contrast, an 45 NASAA Letter. open-end investment company that issues 50 Investment Company Units, listed and traded on 46 See FINRA’s First Response Letter. FINRA’s First Response Letter. the Exchange under NYSE Arca Equities Rule 47 Id. 51 15 U.S.C. 78s(b)(2). 52 5.2(j)(3), seeks to provide investment results that 48 See, e.g., FINRA’s First Response Letter 17 CFR 200.30–3(a)(12). correspond generally to the price and yield (discussing the economic impact of requiring 1 15 U.S.C. 78s(b)(1). performance of a specific foreign or domestic stock ‘‘independent valuations’’). 2 15 U.S.C. 78s(b)(1). index, fixed income securities index or combination 49 NASAA Letter. 3 17 CFR 240.19b–4. thereof.

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ETF; iShares Interest Rate Hedged 10+ open-end fund’s portfolio.7 Commentary investing, under normal circumstances,8 Year Credit Bond ETF; and the iShares .06 to Rule 8.600 is similar to at least 80% of its net assets in U.S. Interest Rate Hedged Emerging Markets Commentary .03(a)(i) and (iii) to NYSE dollar-denominated high yield corporate Bond ETF (each, a ‘‘Fund’’ and Arca Equities Rule 5.2(j)(3); however, bonds with remaining maturities of less collectively, the ‘‘Funds’’). The Shares Commentary .06 in connection with the than five years, in one or more of the Funds will be offered by iShares establishment of a ‘‘fire wall’’ between investment companies (exchange-traded U.S. ETF Trust (the ‘‘Trust’’).5 The Trust the investment adviser and the broker- and non-exchange-traded) that is registered with the Commission as an dealer reflects the applicable open-end principally invest in high yield bonds, open-end management investment fund’s portfolio, not an underlying in U.S. Treasury securities (or cash company.6 BlackRock Fund Advisors benchmark index, as is the case with equivalents), and by taking short (‘‘BFA’’) will serve as the investment index-based funds. The Adviser is not positions in U.S. Treasury futures, other adviser to the Funds (the ‘‘Adviser’’). registered as a broker-dealer but is interest rate futures contracts, and BFA is an indirect wholly-owned affiliated with multiple broker-dealers interest rate swaps.9 subsidiary of BlackRock, Inc. BlackRock and has implemented a ‘‘fire wall’’ with According to the High Yield Bond Investments, LLC (the ‘‘Distributor’’) respect to such broker-dealers regarding Registration Statement, the Fund will be the principal underwriter and access to information concerning the intends to initially invest a substantial distributor of the Funds’ Shares. State composition and/or changes to a Fund’s portion of its assets in one underlying Street Bank and Trust Company (the portfolio. In the event (a) the Adviser or fund, the iShares 0–5 Year High Yield ‘‘Administrator’’, ‘‘Custodian’’ or any sub-adviser registers as a broker- Corporate Bond ETF (the ‘‘Underlying ‘‘Transfer Agent’’) will serve as dealer or becomes newly affiliated with High Yield Corporate Bond Fund’’). The administrator, custodian and transfer a broker-dealer, or (b) any new adviser Fund will attempt to mitigate the agent for the Funds. or sub-adviser is a registered broker- interest rate risk primarily through the Commentary .06 to Rule 8.600 dealer, or becomes affiliated with a use of U.S. Treasury futures contracts provides that, if the investment adviser broker-dealer, it will implement a fire and interest rate swaps. The Fund may to the investment company issuing wall with respect to its relevant also take short positions in other Managed Fund Shares is affiliated with personnel or its broker-dealer affiliate interest rate futures contracts, including a broker-dealer, such investment adviser regarding access to information but not limited to, Eurodollar and shall erect a ‘‘fire wall’’ between the concerning the composition and/or Federal Funds futures. The Fund will investment adviser and the broker- changes to a portfolio, and will be invest only in futures contracts that are dealer with respect to access to subject to procedures designed to traded on an exchange that is a member information concerning the composition prevent the use and dissemination of of the Intermarket Surveillance Group and/or changes to such investment material non-public information (‘‘ISG’’) or with which the Exchange has company portfolio. Commentary .06 regarding such portfolio. in place a comprehensive surveillance 10 further requires that personnel who iShares Interest Rate Hedged 0–5 Year sharing agreement. BFA will utilize a model-based make decisions on the open-end fund’s High Yield Bond ETF portfolio composition must be subject to proprietary investment process to According to the High Yield Bond procedures designed to prevent the use assemble an investment portfolio Registration Statement, the Fund will and dissemination of material comprised of (i) long positions in the seek to mitigate the interest rate risk of nonpublic information regarding the Underlying High Yield Corporate Bond a portfolio composed of U.S. dollar- Fund, (ii) long positions in U.S. dollar- denominated, high yield corporate 5 The Commission has previously approved denominated high yield corporate listing and trading on the Exchange of a number of bonds with remaining maturities of less bonds, (iii) long positions in U.S. actively managed funds under Rule 8.600. See, e.g., than five years. The Fund will seek to Treasury securities and (iv) short Securities Exchange Act Release Nos. 57801 (May achieve its investment objective by positions in U.S. Treasury futures, other 8, 2008), 73 FR 27878 (May 14, 2008) (SR– NYSEArca–2008–31) (order approving Exchange interest rate futures contracts, and 7 An investment adviser to an open-end fund is listing and trading of twelve actively-managed interest rate swaps. The short positions required to be registered under the Investment funds of the WisdomTree Trust); 72138 (May 9, Advisers Act of 1940 (the ‘‘Advisers Act’’). As a are expected to have, in the aggregate, 2014), 79 FR 27958 (May 15, 2014) (File No. SR– result, the Adviser and its related personnel are approximately equivalent duration to NYSEArca–2014–23) (order approving Exchange subject to the provisions of Rule 204A–1 under the the underlying securities in the listing and trading of shares of the iShares Interest Advisers Act relating to codes of ethics. This Rule Rate Hedged Corporate Bond ETF and iShares requires investment advisers to adopt a code of Underlying High Yield Corporate Bond Interest Rate Hedged High Yield Bond ETF). ethics that reflects the fiduciary nature of the Fund and to the high yield corporate 6 The Trust is registered under the 1940 Act. On relationship to clients as well as compliance with bonds. By taking these short positions, December 6, 2013, the Trust filed with the other applicable securities laws. Accordingly, BFA will seek to mitigate the potential Commission a registration statement on Form N–1A procedures designed to prevent the communication under the Securities Act of 1933 (15 U.S.C. 77a) and and misuse of non-public information by an impact of rising interest rates on the under the 1940 Act relating to the iShares Interest investment adviser must be consistent with Rule performance of the Underlying High Rate Hedged 0–5 Year High Yield Bond ETF (‘‘High 204A–1 under the Advisers Act. In addition, Rule Yield Corporate Bond Fund and the Yield Bond Registration Statement’’); iShares 206(4)–7 under the Advisers Act makes it unlawful Interest Rate Hedged 10+ Year Credit Bond ETF for an investment adviser to provide investment 8 (‘‘Credit Bond Registration Statement’’); and the advice to clients unless such investment adviser has The term ‘‘under normal circumstances’’ iShares Interest Rate Hedged Emerging Markets (i) adopted and implemented written policies and includes, but is not limited to, the absence of Bond ETF (‘‘Emerging Markets Bond Registration procedures reasonably designed to prevent extreme volatility or trading halts in the equity Statement’’ and, together with the High Yield Bond violation, by the investment adviser and its markets or the financial markets generally; Registration Statement and the Credit Bond supervised persons, of the Advisers Act and the operational issues causing dissemination of Registration Statement, the ‘‘Registration Commission rules adopted thereunder; (ii) inaccurate market information; or force majeure Statements’’) (File Nos. 333–179904 and 811– implemented, at a minimum, an annual review type events such as systems failure, natural or man- 22649). The description of the operation of the regarding the adequacy of the policies and made disaster, act of God, armed conflict, act of Trust and the Funds herein is based, in part, on the procedures established pursuant to subparagraph (i) terrorism, riot or labor disruption or any similar Registration Statements. In addition, the above and the effectiveness of their intervening circumstance. Commission has issued an order granting certain implementation; and (iii) designated an individual 9 Futures will be exchange traded, and swaps will exemptive relief to the Trust under the 1940 Act. (who is a supervised person) responsible for be centrally cleared. All derivatives will be See Investment Company Act Release No. 29571 administering the policies and procedures adopted collateralized. (File No. 812–13601) (‘‘Exemptive Order’’). under subparagraph (i) above. 10 See note 27, infra.

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high yield corporate bonds (conversely positions in U.S. dollar-denominated are traded on an exchange that is a also limiting the potential positive investment-grade corporate bonds, (iii) member of the ISG or with which the impact of falling interest rates). The long positions in U.S. Treasury Exchange has in place a comprehensive short positions will not be intended to securities, and (iv) short positions in surveillance sharing agreement. The mitigate other factors influencing the U.S. Treasury futures, other interest rate Underlying Emerging Markets Bond price of high yield bonds, such as credit futures contracts, and interest rate Fund may invest in non-U.S. securities, risk, which may have a greater impact swaps. The short positions are expected emerging markets securities and debt than rising or falling interest rates. to have, in the aggregate, approximately instruments. Relative to a long-only investment in the equivalent duration to the underlying BFA will utilize a model-based same high yield bonds, the Fund’s securities in the Underlying Credit Bond proprietary investment process to investment strategy is designed to Fund and to the investment-grade assemble an investment portfolio outperform in a rising interest rate corporate bonds. By taking these short comprised of (i) long positions in the environment and underperform in a positions, BFA will seek to mitigate the Underlying Emerging Markets Bond falling interest rate environment. potential impact of rising interest rates Fund, (ii) long positions in U.S. dollar- on the performance of the Underlying denominated emerging market bonds, iShares Interest Rate Hedged 10+ Year Credit Bond Fund and the investment- (iii) long positions in U.S. Treasury Credit Bond ETF grade corporate bonds (conversely also securities, and (iv) short positions in According to the Credit Bond limiting the potential positive impact of U.S. Treasury futures, other interest rate Registration Statement, the Fund will falling interest rates). The short futures contracts, and interest rate seek to mitigate the interest rate risk of positions are not intended to mitigate swaps. The short positions are expected a portfolio composed of investment- other factors influencing the price of to have, in the aggregate, approximately grade U.S. corporate bonds and U.S. investment-grade bonds, such as credit equivalent duration to the underlying dollar-denominated bonds, including risk, which may have a greater impact securities in the Underlying Emerging those of non-U.S. corporations and than rising or falling interest rates. Markets Bond Fund and to the emerging governments, with remaining maturities Relative to a long-only investment in the market bonds. By taking these short greater than ten years. The Fund will same investment-grade bonds, the positions, BFA will seek to mitigate the seek to achieve its investment objective Fund’s investment strategy is designed potential impact of rising interest rates by investing, under normal to outperform in a rising interest rate on the performance of the Underlying circumstances, at least 80% of its net environment and underperform in a Emerging Markets Bond Fund and the assets in investment-grade U.S. falling interest rate environment. emerging market bonds (conversely also corporate bonds and U.S. dollar- limiting the potential positive impact of denominated bonds, including those of Shares Interest Rate Hedged Emerging falling interest rates). The short non-U.S. corporations and governments, Markets Bond ETF positions are not intended to mitigate with remaining maturities greater than According to the Emerging Markets other factors influencing the price of ten years, in one or more investment Bond Registration Statement, the Fund emerging market bonds, such as credit companies (exchange-traded and non- will seek to mitigate the interest rate risk, which may have a greater impact exchange-traded) that principally invest risk of a portfolio composed of U.S. than rising or falling interest rates. in investment-grade bonds, in U.S. dollar-denominated, emerging market Relative to a long-only investment in the Treasury securities (or cash bonds. The Fund will seek to achieve its same emerging market bonds, the equivalents), and by taking short investment objective by investing, under Fund’s investment strategy is designed positions in U.S. Treasury futures, other normal circumstances, at least 80% of to outperform in a rising interest rate interest rate futures contracts, and its net assets in U.S. dollar-denominated environment and underperform in a interest rate swaps.11 emerging market bonds, in one or more falling interest rate environment. According to the Credit Bond investment companies (exchange-traded Registration Statement, the Fund and non-exchange-traded) that Other Investments intends to initially invest a substantial principally invest in emerging market While each Fund, under normal portion of its assets in one underlying bonds, in U.S. Treasury securities (or circumstances, will invest at least 80% fund, the iShares 10+ Year Credit Bond cash equivalents), and by taking short of its net assets in its investments as ETF (the ‘‘Underlying Credit Bond positions in U.S. Treasury futures, other described above, a Fund may directly Fund’’). The Fund will attempt to interest rate futures contracts, and invest in certain other investments, as mitigate the interest rate risk primarily interest rate swaps.12 described below. The Funds may through the use of U.S. Treasury futures According to the Emerging Markets temporarily depart from its normal contracts and interest rate swaps. The Bond Registration Statement, the Fund investment process,13 provided that the Fund may also invest in other interest intends to initially invest a substantial alternative, in the opinion of BFA, is rate futures contracts, including but not portion of its assets in one underlying consistent with a Fund’s investment limited to, Eurodollar and Federal fund, the iShares J.P. Morgan USD objective and is in the best interest of a Funds futures. The Fund will invest Emerging Markets Bond ETF (the Fund. However, BFA will not seek to only in futures contracts that are traded ‘‘Underlying Emerging Markets Bond actively time market movements. on an exchange that is a member of the Fund’’). The Fund will attempt to A Fund may hold up to an aggregate ISG or with which the Exchange has in mitigate the interest rate risk primarily amount of 15% of its net assets in place a comprehensive surveillance through the use of U.S. Treasury futures sharing agreement. contracts and interest rate swaps. The 13 Circumstances under which a Fund may temporarily depart from its normal investment BFA will utilize a model-based Fund may also take short positions in process include, but are not limited to, extreme proprietary investment process to other interest rate futures contracts, volatility or trading halts in the equity markets or assemble an investment portfolio including but not limited to, Eurodollar the financial markets generally; operational issues comprised of (i) long positions in the and Federal Funds futures. The Fund causing dissemination of inaccurate market information; or force majeure type events such as Underlying Credit Bond Fund, (ii) long will invest only in futures contracts that systems failure, natural or man-made disaster, act of God, armed conflict, act of terrorism, riot or labor 11 See note 9, supra. 12 See note 9, supra. disruption or any similar intervening circumstance.

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illiquid assets (calculated at the time of the sale of securities with an agreement principal business activity in the same investment), including Rule 144A to repurchase the securities at an industry if, immediately after the securities deemed illiquid by the agreed-upon price, date and interest purchase and as a result thereof, the Adviser, consistent with Commission payment and have the characteristics of value of a Fund’s investments in that guidance.14 Each Fund will monitor its borrowing. industry would equal or exceed 25% of portfolio liquidity on an ongoing basis Each Fund may invest in money the current value of a Fund’s total to determine whether, in light of current market instruments on an ongoing basis assets, provided that this restriction circumstances, an adequate level of to provide liquidity or for other reasons. does not limit a Fund’s: (i) Investments liquidity is being maintained, and will Money market instruments are generally in securities of other investment consider taking appropriate steps in short-term investments that may include companies; (ii) investments in securities order to maintain adequate liquidity if, but are not limited to: (i) Shares of issued or guaranteed by the U.S. through a change in values, net assets, money market funds (including those government, its agencies or or other circumstances, more than 15% advised by BFA or otherwise affiliated instrumentalities; (iii) investments in of a Fund’s net assets are held in with BFA); (ii) obligations issued or securities of state, territory, possession illiquid assets. Illiquid assets include guaranteed by the U.S. government, its or municipal governments and their assets subject to contractual or other agencies or instrumentalities (including authorities, agencies, instrumentalities restrictions on resale and other government-sponsored enterprises); (iii) or political subdivisions; or (iv) instruments that lack readily available negotiable certificates of deposit investments in repurchase agreements markets as determined in accordance (‘‘CDs’’), bankers’ acceptances, fixed- collateralized by any such obligations.18 with Commission staff guidance.15 time deposits and other obligations of Each Fund intends to qualify for and Each Fund may invest in repurchase U.S. and non-U.S. banks (including non- to elect treatment as a separate regulated and reverse repurchase agreements. A U.S. branches) and similar institutions; investment company (‘‘RIC’’) under repurchase agreement is an instrument (iv) commercial paper rated, at the date Subchapter M of the Internal Revenue ® under which the purchaser (i.e., a Fund of purchase, ‘‘Prime-1’’ by Moody’s Code.19 or an ‘‘Underlying Fund’’ 16) acquires Investors Service, Inc., ‘‘F–1’’ by Fitch Each Fund’s investments will be the security and the seller agrees, at the Inc., or ‘‘A–1’’ by Standard & Poor’s® consistent with its investment objective. time of the sale, to repurchase the (‘‘S&P®’’), or if unrated, of comparable The Shares security at a mutually agreed upon time quality as determined by BFA; (v) non- and price, thereby determining the yield convertible corporate debt securities The Shares will conform to the initial during the purchaser’s holding period. (e.g., bonds and debentures) with and continued listing criteria under Reverse repurchase agreements involve remaining maturities at the date of NYSE Arca Equities Rule 8.600. The purchase of not more than 397 days and Exchange represents that, for initial 14 In reaching liquidity decisions, the Adviser that satisfy the rating requirements set and/or continued listing, the Funds will may consider factors including: The frequency of forth in Rule 2a–7 under the 1940 Act; be in compliance with Rule 10A–3 20 trades and quotes for the security; the number of and (vi) short-term U.S. dollar- under the Act, as provided by NYSE dealers wishing to purchase or sell the security and the number of other potential purchasers; dealer denominated obligations of non-U.S. Arca Equities Rule 5.3. A minimum of undertakings to make a market in the security; the banks (including U.S. branches) that, in 100,000 Shares for each Fund will be nature of the security and the nature of the the opinion of BFA, are of comparable outstanding at the commencement of marketplace in which it trades (e.g., the time quality to obligations of U.S. banks trading on the Exchange. The Exchange needed to dispose of the security, the method of soliciting offers and the mechanics of transfer); any which may be purchased by a Fund. will obtain a representation from the legal or contractual restrictions on the ability to Any of these instruments may be issuer of the Shares that the net asset transfer the security or asset; significant purchased on a current or forward- value (‘‘NAV’’) per Share of each Fund developments involving the issuer or counterparty settled basis. Time deposits are non- will be calculated daily and that the specifically (e.g., default, bankruptcy, etc.) or the securities markets generally; and settlement negotiable deposits maintained in NAV and the Disclosed Portfolio as practices, registration procedures, limitations on banking institutions for specified defined in NYSE Arca Equities Rule currency conversion or repatriation, and transfer periods of time at stated interest rates. 8.600(c)(2) will be made available to all limitations (for foreign securities or other assets). A Fund may invest in options that are market participants at the same time. 15 The Commission has stated that long-standing traded on a U.S. or non-U.S. exchange Commission guidelines have required open-end Creation and Redemption of Shares funds to hold no more than 15% of their net assets and that reference U.S. Treasury in illiquid securities and other illiquid assets. See securities. To the extent that a Fund According to the Registration Investment Company Act Release No. 28193 (March invests in options, not more than 10% Statements, each Fund will issue and 11, 2008), 73 FR 14618 (March 18, 2008), footnote of such investment would be in options redeem Shares on a continuous basis at 34. See also, Investment Company Act Release No. 5847 (October 21, 1969), 35 FR 19989 (December whose principal trading market is not a NAV only in large specified numbers of 31, 1970) (Statement Regarding ‘‘Restricted member of ISG or is a market with Shares called a ‘‘Creation Unit’’. Securities’’); Investment Company Act Release No. which the Exchange does not have a The consideration for purchase of 18612 (March 12, 1992), 57 FR 9828 (March 20, comprehensive surveillance sharing Creation Units of each Fund generally 1992) (Revisions of Guidelines to Form N–1A). A will consist of the in-kind deposit of a fund’s portfolio security is illiquid if it cannot be agreement. disposed of in the ordinary course of business A Fund or the Underlying Funds may designated portfolio of securities within seven days at approximately the value invest in debt securities of non-U.S. (including any portion of such securities ascribed to it by the fund. See Investment Company issuers and may invest in privately- for which cash may be substituted) (i.e., Act Release No. 14983 (March 12, 1986), 51 FR the Deposit Securities (as defined 9773 (March 21, 1986) (adopting amendments to issued debt securities. Rule 2a–7 under the 1940 Act); Investment Each Fund will be classified as a Company Act Release No. 17452 (April 23, 1990), ‘‘diversified’’ investment company 18 See Form N–1A, Item 9. The Commission has 55 FR 17933 (April 30, 1990) (adopting Rule 144A under the 1940 Act.17 taken the position that a fund is concentrated if it under the Securities Act of 1933). Each Fund will not purchase the invests more than 25% of the value of its total 16 Each of the Underlying High Yield Corporate assets in any one industry. See, e.g., Investment Bond Fund, Underlying Credit Bond Fund, and securities of issuers conducting their Company Act Release No. 9011 (October 30, 1975), Underlying Emerging Markets Bond Fund, are 40 FR 54241 (November 21, 1975). referred to herein as an ‘‘Underlying Fund,’’ or, 17 The diversification standard is set forth in 19 26 U.S.C. 851 et seq. collectively, the ‘‘Underlying Funds’’. Section 5(b)(1) of the 1940 Act. 20 17 CFR 240.10A–3.

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below)) and the Cash Component (as settlement system of the NSCC. Each form on that day (‘‘Fund Securities’’). defined below) computed as described Fund also reserves the right to permit or Fund Securities received on redemption below. Together, the Deposit Securities require a ‘‘cash in lieu’’ amount in may not be identical to Deposit and the Cash Component constitute the certain other circumstances, including Securities that are applicable to ‘‘Fund Deposit,’’ which will be circumstances in which (i) the delivery creations of Creation Units. applicable (subject to possible of the Deposit Security by the Unless cash redemptions are available amendment or correction) to creation authorized participant would be or specified for a Fund, the redemption requests received in proper form. The restricted under applicable securities proceeds for a Creation Unit generally Fund Deposit represents the minimum laws or (ii) the delivery of the Deposit will consist of a specified amount of initial and subsequent investment Security to the authorized participant cash, Fund Securities, plus additional amount for a Creation Unit of a Fund. would result in the disposition of the cash in an amount equal to the The Cash Component will be an Deposit Security by the authorized difference between the NAV of the amount equal to the difference between participant becoming restricted under Shares being redeemed, as next the NAV of the Shares (per Creation applicable securities laws, or in certain determined after the receipt of a request Unit) and the ‘‘Deposit Amount,’’ which other situations. The Adviser represents in proper form, and the value of the is an amount equal to the market value that, to the extent the Trust permits or specified amount of cash and Fund of the Deposit Securities, and serves to requires a ‘‘cash in lieu’’ amount, such Securities, less a redemption transaction compensate for any differences between transactions will be effected in the same fee. Each Fund currently will redeem the NAV per Creation Unit and the manner or in an equitable manner for all Shares for Fund Securities, but each Deposit Amount. authorized participants. Fund reserves the right to utilize a BFA will make available through the Creation Units may be purchased only ‘‘cash’’ option for redemption of Shares. National Securities Clearing Corporation by or through a DTC participant that has A standard redemption transaction fee (‘‘NSCC’’) on each business day, prior to entered into an authorized participant will be imposed to offset transfer and the opening of business on the agreement (as described in the other transaction costs that may be Exchange, the list of names and the Registration Statements) with the incurred by a Fund. required number or par value of each Distributor. Except as noted below, all Redemption requests for Creation Deposit Security and the amount of the creation orders must be placed for one Units of a Fund must be submitted to Cash Component to be included in the or more Creation Units and must be the Distributor by or through an current Fund Deposit (based on received by the Distributor in proper authorized participant no later than 4 information as of the end of the form no later than the closing time of p.m. Eastern time on any business day previous business day) for the the regular trading session of the (or such earlier time as approved by the applicable Fund. Such Fund Deposit is Exchange (normally 4 p.m., Eastern Board and as disclosed to investors), in applicable, subject to any adjustments time) in each case on the date such order to receive that day’s NAV. The as described below, in order to effect order is placed in order for creation of authorized participant must transmit the purchases of Creation Units of Shares of Creation Units to be effected based on request for redemption in the form a Fund until such time as the next- the NAV of Shares of a Fund as next required by a Fund to the Distributor in announced Fund Deposit is made determined on such date after receipt of accordance with procedures set forth in available. the order in proper form. Orders the authorized participant agreement. The identity and number or par value requesting substitution of a ‘‘cash in Determination of Net Asset Value of the Deposit Securities may change lieu’’ amount generally must be received pursuant to changes in the composition by the Distributor no later than 4 p.m., According to the Registration of a Fund’s portfolio and as rebalancing Eastern time. On days when the Statements, the NAV of each Fund adjustments and corporate action events Exchange or other markets close earlier normally will be determined once each occur from time to time. The than normal, a Fund may require orders business day, generally as of the composition of the Deposit Securities to create Creation Units to be placed regularly scheduled close of business of may also change in response to earlier in the day. A Fund may also the New York Stock Exchange (‘‘NYSE’’) adjustments to the weighting or require orders to create Creation Units (normally 4 p.m., Eastern time) on each composition of the component to be placed earlier in the day, as day that the NYSE is open for trading, securities constituting a Fund’s approved by the Trust’s Board of based on prices at the time of closing, portfolio. Directors (‘‘Board’’) and as disclosed to provided that (a) any Fund assets or The portfolio of securities required for investors. A standard creation liabilities denominated in currencies purchase of a Creation Unit may not be transaction fee will be imposed to offset other than the U.S. dollar will be identical to the portfolio of securities a the transfer and other transaction costs translated into U.S. dollars at the Fund will deliver upon redemption of associated with the issuance of Creation prevailing market rates on the date of Fund Shares. The Deposit Securities Units. valuation as quoted by one or more data and Fund Securities (as defined below), Shares of a Fund may be redeemed service providers, and (b) U.S. fixed- as the case may be, in connection with only in Creation Units at their NAV next income assets may be valued as of the a purchase or redemption of a Creation determined after receipt of a redemption announced closing time for trading in Unit, generally will correspond pro rata request in proper form by the fixed-income instruments in a particular to the securities held by such Fund. Distributor and only on a business day. market or exchange. The NAV of each Each Fund reserves the right to permit BFA will make available through the Fund may be determined, and the or require the substitution of a ‘‘cash in NSCC, prior to the opening of business Underlying Funds may be valued, at lieu’’ amount to be added to the Cash on the Exchange on each business day, such earlier time as approved by the Component to replace any Deposit the designated portfolio of securities Board and as disclosed to investors. The Security that may not be available in (including any portion of such securities NAV per Share of each Fund will be sufficient quantity for delivery or that for which cash may be substituted) that calculated by dividing the value of the may not be eligible for transfer through will be applicable (subject to possible net assets of each Fund (i.e., the value the Depository Trust Company (‘‘DTC’’) amendment or correction) to of its total assets less total liabilities) by or through the continuous net redemption requests received in proper the total number of outstanding Shares

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of a Fund, generally rounded to the quotation is not readily available or is instrument in the portfolio. The Web nearest cent. unreliable if a security or other asset or site information will be publicly The value of the securities and other liability does not have a price source available at no charge. assets and liabilities held by each Fund due to its lack of liquidity, if a market In addition, a basket composition file, will be determined pursuant to quotation differs significantly from which includes the security names and valuation policies and procedures recent price quotations or otherwise no share quantities required to be delivered approved by the Board. longer appears to reflect fair value, in exchange for each Fund’s Shares, Except as described below, each Fund where the security or other asset or together with estimates and actual cash will value fixed-income portfolio liability is thinly traded, or where there components, will be publicly securities, including money market is a significant event subsequent to the disseminated daily prior to the opening instruments and U.S. government most recent market quotation. A of the NYSE via NSCC. The basket securities, using prices provided ‘‘significant event’’ is an event that, in represents one Creation Unit of a Fund. directly from one or more broker- the judgment of BFA, is likely to cause Investors can also obtain the Trust’s dealers, market makers, or independent a material change to the closing market Statement of Additional Information third-party pricing services which may price of the asset or liability held by a (‘‘SAI’’), each Fund’s Shareholder use matrix pricing and valuation Fund. Reports, and the Trust’s Form N–CSR models, as well as recent market and Form N–SAR, filed twice a year. transactions for the same or similar Availability of Information The Trust’s SAI and Shareholder assets, to derive values. Certain money The Funds’ Web site Reports are available free upon request market instruments with maturities of (www.ishares.com), which will be from the Trust, and those documents 60 days or less will generally be valued publicly available prior to the public and the Form N–CSR and Form N–SAR on the basis of amortized cost. offering of Shares, will include a form may be viewed on-screen or Repurchase agreements and reverse of the prospectus for a Fund that may downloaded from the Commission’s repurchase agreements generally will be be downloaded. The Funds’ Web site Web site at www.sec.gov. Information valued at par. will include additional quantitative regarding market price and trading Exchange-traded options are [sic] information updated on a daily basis, volume of the Shares will be continually generally will be valued at the mean of including, for the Funds, (1) the prior available on a real-time basis throughout the last bid and ask prices as quoted on business day’s reported closing price, the day on brokers’ computer screens the exchange or the board of trade on NAV and mid-point of the bid/ask and other electronic services. which such options are traded. Futures spread at the time of calculation of such Information regarding the previous contracts, including U.S. Treasury NAV (the ‘‘Bid/Ask Price’’),21 and a day’s closing price and trading volume futures contracts, will be valued at their calculation of the premium and information for the Shares will be last sale price or settle price as of the discount of the Bid/Ask Price against published daily in the financial section close of the applicable exchange. the NAV, and (2) data in chart format of newspapers. Quotation and last sale Swap agreements and other displaying the frequency distribution of information for the Shares of each Fund derivatives will generally be valued discounts and premiums of the daily and the shares of the Underlying Funds based upon quotations from market Bid/Ask Price against the NAV, within and any exchange-traded funds held by makers or by a pricing service in appropriate ranges, for each of the four each Fund will be available via the accordance with valuation procedures previous calendar quarters. On each Consolidated Tape Association (‘‘CTA’’) approved by the Board. business day, before commencement of high-speed line. Quotation and last sale Investments in other investment trading in Shares in the Core Trading information for U.S. exchange-listed companies will be valued using market Session on the Exchange, each Fund options contracts cleared by the Options valuations. Investment companies that will disclose on its Web site the Clearing Corporation will be available are exchange traded will generally be Disclosed Portfolio that will form the via the Options Price Reporting valued using the last reported official basis for such Fund’s calculation of Authority. In addition, the Indicative closing price or last trading price on the NAV at the end of the business day.22 Optimized Portfolio Value (‘‘IOPV’’),23 exchange or other market on which the On a daily basis, a Fund will disclose which is the Portfolio Indicative Value fund is primarily traded at the time of for each portfolio security or other as defined in NYSE Arca Equities Rule valuation. Investment companies that financial instrument of each Fund the 8.600(c)(3), will be widely disseminated are not exchange traded will be valued following information on the Funds’ at least every 15 seconds during the at their net asset value. Web site: Ticker symbol (if applicable), Core Trading Session by one or more Generally, trading in U.S. Treasury name of security or financial major market data vendors.24 The futures, non-U.S. securities, U.S. instrument, number of shares (if government securities, money market applicable) and dollar value of 23 According to the Registration Statements, the instruments and certain fixed-income securities and financial instruments IOPV calculations will be estimates of the value of securities is substantially completed held in the portfolio, and percentage each Fund’s NAV per Share using market data each day at various times prior to the weighting of the security and financial converted into U.S. dollars at the current currency close of business on the NYSE. The rates. The IOPV price will be based on quotes and closing prices from the securities’ local market and values of such securities used in 21 The Bid/Ask Price of each Fund will be may not reflect events that occur subsequent to the computing the NAV of each Fund will determined using the mid-point of the highest bid local market’s close. Premiums and discounts be determined as of such times. and the lowest offer on the Exchange as of the time between the IOPV and the market price may occur. When market quotations are not of calculation of a Fund’s NAV. The records relating This should not be viewed as a ‘‘real-time’’ update to Bid/Ask Prices will be retained by the Funds and of the NAV per Share of the Funds, which will be readily available or are believed by BFA their service providers. calculated only once a day. The quotations of to be unreliable, each Fund’s 22 Under accounting procedures followed by the certain Fund holdings may not be updated during investments will be valued at fair value. Funds, trades made on the prior business day (‘‘T’’) U.S. trading hours if such holdings do not trade in Fair value determinations will be made will be booked and reflected in NAV on the current the United States. business day (‘‘T+1’’). Accordingly, the Funds will 24 Currently, it is the Exchange’s understanding by BFA in accordance with policies and be able to disclose at the beginning of the business that several major market data vendors display and/ procedures approved by the Trust’s day the portfolio that will form the basis for the or make widely available IOPVs taken from CTA or Board. BFA may conclude that a market NAV calculation at the end of the business day. other data feeds.

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dissemination of the IOPV, together Trading Rules Funds, exchange-traded equity with the Disclosed Portfolio, will allow The Exchange deems the Shares to be securities, futures and options contracts investors to determine the value of the equity securities, thus rendering trading from ISG member markets or markets underlying portfolio of each Fund on a in the Shares subject to the Exchange’s with which the Exchange has in place daily basis and to provide a close existing rules governing the trading of a comprehensive surveillance sharing estimate of that value throughout the equity securities. Shares will trade on agreement.27 In addition, FINRA, on trading day. The intra-day, closing and the NYSE Arca Marketplace from 4 a.m. behalf of the Exchange, is able to access, settlement prices of exchange-traded to 8 p.m. Eastern time in accordance as needed, trade information for certain portfolio assets, including investment with NYSE Arca Equities Rule 7.34 fixed income instruments reported to companies, money market instruments, (Opening, Core, and Late Trading FINRA’s Trade Reporting and futures and options will be readily Sessions). The Exchange has Compliance Engine (‘‘TRACE’’). available from the securities exchanges appropriate rules to facilitate With respect to its exchange-traded and futures exchanges trading such transactions in the Shares during all equity securities investments, a Fund securities and futures, as the case may trading sessions. As provided in NYSE will invest only in equity securities that be, automated quotation systems, Arca Equities Rule 7.6, Commentary .03, trade in markets that are members of the published or other public sources, or the minimum price variation (‘‘MPV’’) ISG or are parties to a comprehensive on-line information services such as for quoting and entry of orders in equity surveillance sharing agreement with the Bloomberg or Reuters. Such price securities traded on the NYSE Arca Exchange. To the extent that a Fund information on fixed income portfolio Marketplace is $0.01, with the exception invests in options, not more than 10% securities, including money market of securities that are priced less than of such investment would be in options instruments, and other Fund assets $1.00 for which the MPV for order entry whose principal trading market is not a traded in over-the-counter markets is $0.0001. member of ISG or is a market with including bonds and money market which the Exchange does not have a instruments is available from major Surveillance comprehensive surveillance sharing broker-dealer firms or market data The Exchange represents that trading agreement. The Fund will invest only in vendors, as well as from automated in the Shares will be subject to the futures contracts that are traded on an quotation systems, published or other existing surveillance procedures exchange that is a member of the ISG or public sources, or online information administered by the Financial Industry with which the Exchange has in place services. Regulatory Authority (‘‘FINRA’’) on a comprehensive surveillance sharing Additional information regarding the behalf of the Exchange, which are agreement. Trust and the Shares, including designed to detect violations of In addition, the Exchange also has a investment strategies, risks, creation and Exchange rules and applicable federal general policy prohibiting the redemption procedures, fees, portfolio securities laws.26 The Exchange distribution of material, non-public holdings disclosure policies, represents that these procedures are information by its employees. distributions and taxes is included in adequate to properly monitor Exchange Information Bulletin the Registration Statements. All terms trading of the Shares in all trading relating to the Funds that are referred to, sessions and to deter and detect Prior to the commencement of but not defined in, this proposed rule violations of Exchange rules and federal trading, the Exchange will inform its change are defined in the Registration securities laws applicable to trading on Equity Trading Permit (‘‘ETP’’) Holders Statements. the Exchange. in an Information Bulletin (‘‘Bulletin’’) The Exchange’s current trading of the special characteristics and risks Trading Halts surveillance focuses on detecting associated with trading the Shares. With respect to trading halts, the securities trading outside their normal Specifically, the Bulletin will discuss Exchange may consider all relevant patterns. When such situations are the following: (1) The procedures for factors in exercising its discretion to detected, surveillance analysis follows purchases and redemptions of Shares in halt or suspend trading in the Shares of and investigations are opened, where Creation Unit aggregations (and that the Funds.25 Trading in Shares of a appropriate, to review the behavior of Shares are not individually redeemable); Fund will be halted if the circuit breaker all relevant parties for all relevant (2) NYSE Arca Equities Rule 9.2(a), parameters in NYSE Arca Equities Rule trading violations. which imposes a duty of due diligence 7.12 have been reached. Trading also FINRA, on behalf of the Exchange, on its ETP Holders to learn the essential may be halted because of market will communicate as needed regarding facts relating to every customer prior to conditions or for reasons that, in the trading in the Shares of the Funds, trading the Shares; (3) the risks involved view of the Exchange, make trading in exchange-traded equity securities, in trading the Shares during the the Shares inadvisable. These may futures and options contracts with other Opening and Late Trading Sessions include: (1) The extent to which trading markets and other entities that are when an updated IOPV will not be is not occurring in the securities and/or members of the ISG, and FINRA, on calculated or publicly disseminated; (4) the financial instruments comprising behalf of the Exchange, may obtain how information regarding the IOPV the Disclosed Portfolio of a Fund; or (2) trading information regarding trading in and Disclosed Portfolio for a Fund is whether other unusual conditions or the Shares of the Funds, exchange- disseminated; (5) the requirement that circumstances detrimental to the traded equity securities, futures and ETP Holders deliver a prospectus to maintenance of a fair and orderly options contracts from such markets and investors purchasing newly issued market are present. Trading in the other entities. In addition, The Shares prior to or concurrently with the Shares will be subject to NYSE Arca Exchange may obtain information Equities Rule 8.600(d)(2)(D), which sets regarding trading in the Shares of the 27 For a list of the current members of ISG, see forth circumstances under which Shares www.isgportal.org. The Exchange notes that not all of a Fund may be halted. 26 FINRA surveils trading on the Exchange components of the Disclosed Portfolio for a Fund pursuant to a regulatory services agreement. The may trade on markets that are members of ISG or Exchange is responsible for FINRA’s performance with which the Exchange has in place a 25 See NYSE Arca Equities Rule 7.12. under this regulatory services agreement. comprehensive surveillance sharing agreement.

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confirmation of a transaction; and (6) the time of investment), including Rule circumstances under which Shares of a trading information. 144A securities deemed illiquid by the Fund may be halted. In addition, as In addition, the Bulletin will Adviser. With respect to its exchange- noted above, investors will have ready reference that each Fund is subject to traded equity securities investments, a access to information regarding a Fund’s various fees and expenses described in Fund will invest only in equity holdings, the IOPV, the Disclosed the Registration Statements. The securities that trade in markets that are Portfolio, and quotation and last sale Bulletin will discuss any exemptive, no- members of the ISG or are parties to a information for the Shares. action, and interpretive relief granted by comprehensive surveillance sharing the Commission from any rules under agreement with the Exchange. To the The proposed rule change is designed the Act. The Bulletin will also disclose extent that a Fund invests in options, to perfect the mechanism of a free and that the NAV for the Shares will be not more than 10% of such investment open market and, in general, to protect calculated after 4 p.m. Eastern time each would be in options whose principal investors and the public interest in that trading day. trading market is not a member of ISG it will facilitate the listing and trading of additional types of actively-managed 2. Statutory Basis or is a market with which the Exchange does not have a comprehensive exchange-traded products that will The basis under the Act for this surveillance sharing agreement. enhance competition among market proposed rule change is the requirement participants, to the benefit of investors 28 The proposed rule change is designed under Section 6(b)(5) that an and the marketplace. As noted above, exchange have rules that are designed to to promote just and equitable principles of trade and to protect investors and the FINRA, on behalf of the Exchange, will prevent fraudulent and manipulative communicate as needed regarding acts and practices, to promote just and public interest in that the Exchange will trading in the Shares of the Funds, equitable principles of trade, to remove obtain a representation from the issuer exchange-traded equity securities, impediments to, and perfect the of the Shares that the NAV per Share of mechanism of a free and open market each Fund will be calculated daily and futures and options contracts with other and, in general, to protect investors and that the NAV and the Disclosed markets and other entities that are the public interest. Portfolio for each Fund will be made members of the ISG, and FINRA, on The Exchange believes that the available to all market participants at behalf of the Exchange, may obtain proposed rule change is designed to the same time. In addition, a large trading information regarding trading in prevent fraudulent and manipulative amount of information is publicly the Shares of the Funds, exchange- acts and practices in that the Shares will available regarding the Funds and the traded equity securities, futures and be listed and traded on the Exchange Shares, thereby promoting market options contracts from such markets and pursuant to the initial and continued transparency. Moreover, the IOPV will other entities. In addition, the Exchange listing criteria in NYSE Arca Equities be widely disseminated by one or more may obtain information regarding Rule 8.600. The Exchange has in place major market data vendors at least every trading in the Shares of the Funds, surveillance procedures that are 15 seconds during the Exchange’s Core exchange-traded equity securities, adequate to properly monitor trading in Trading Session. On each business day, futures and options contracts from the Shares in all trading sessions and to before commencement of trading in markets and other entities that are Shares in the Core Trading Session on deter and detect violations of Exchange members of ISG or with which the the Exchange, the Funds will disclose rules and applicable federal securities Exchange has in place a comprehensive laws. The Adviser has implemented a on their Web site the Disclosed Portfolio surveillance sharing agreement. In ‘‘fire wall’’ with respect to its affiliated that will form the basis for a Fund’s addition, as noted above, investors will broker-dealers regarding access to calculation of NAV at the end of the information concerning the composition business day. Information regarding have ready access to information and/or changes to a Fund’s portfolio. market price and trading volume of the regarding a Fund’s holdings, the IOPV, FINRA, on behalf of the Exchange, will Shares will be continually available on the Disclosed Portfolio, and quotation communicate as needed regarding a real-time basis throughout the day on and last sale information for the Shares. trading in the Shares of the Funds, brokers’ computer screens and other The proposed rule change would benefit exchange-traded equity securities, electronic services, and quotation and investors by providing them with futures and options contracts with other last sale information will be available additional choices of transparent and markets and other entities that are via the CTA high-speed line. The Web tradable products. members of the ISG, and FINRA, on site for the Funds will include a form of B. Self-Regulatory Organization’s behalf of the Exchange, may obtain the prospectus for the Funds and Statement on Burden on Competition trading information regarding trading in additional data relating to NAV and the Shares of the Funds, exchange- other applicable quantitative The Exchange does not believe that traded equity securities, futures and information. Moreover, prior to the the proposed rule change will impose options contracts from such markets and commencement of trading, the Exchange any burden on competition that is not other entities. In addition, the Exchange will inform its ETP Holders in an necessary or appropriate in furtherance may obtain information regarding Information Bulletin of the special of the purpose of the Act. The Exchange characteristics and risks associated with trading in the Shares of the Funds as notes that the proposed rule change will well as underlying equity securities, trading the Shares. Trading in Shares of facilitate the listing and trading of other futures and options contracts from ISG a Fund will be halted if the circuit actively-managed exchange-traded member markets or markets with which breaker parameters in NYSE Arca products that hold fixed income the Exchange has in place a Equities Rule 7.12 have been reached or comprehensive surveillance sharing because of market conditions or for securities and will enhance competition agreement. A Fund may hold up to an reasons that, in the view of the among market participants, to the aggregate amount of 15% of its net Exchange, make trading in the Shares benefit of investors and the marketplace. assets in illiquid assets (calculated at inadvisable, and trading in the Shares will be subject to NYSE Arca Equities 28 15 U.S.C. 78f(b)(5). Rule 8.600(d)(2)(D), which sets forth

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C. Self-Regulatory Organization’s public in accordance with the solicit comments on the proposed rule Statement on Comments on the provisions of 5 U.S.C. 552, will be change from interested persons. Proposed Rule Change Received From available for Web site viewing and I. Self-Regulatory Organization’s Members, Participants or Others printing in the Commission’s Public Statement of the Terms of Substance of Reference Room, 100 F Street NE., No written comments were solicited the Proposed Rule Change or received with respect to the proposed Washington, DC 20549, on official rule change. business days between the hours of 10 FINRA is proposing to postpone until a.m. and 3 p.m. Copies of the filing also February 2, 2015, the implementation III. Date of Effectiveness of the will be available for inspection and date of the requirement that alternative Proposed Rule Change and Timing for copying at the principal office of the trading systems (‘‘ATSs’’) use unique Commission Action Exchange. All comments received will market participant identifiers (‘‘MPIDs’’) Within 45 days of the date of be posted without change; the when reporting order and trade publication of this notice in the Federal Commission does not edit personal information to FINRA. Register or within such longer period identifying information from The proposed rule change does not up to 90 days (i) as the Commission may submissions. You should submit only make any changes to the text of FINRA designate if it finds such longer period information that you wish to make rules. to be appropriate and publishes its available publicly. All submissions should refer to File Number SR– II. Self-Regulatory Organization’s reasons for so finding or (ii) as to which Statement of the Purpose of, and the self-regulatory organization NYSEArca–2014–114 and should be submitted on or November 7, 2014. Statutory Basis for, the Proposed Rule consents, the Commission will: (a) By Change order approve or disapprove such For the Commission, by the Division of proposed rule change; or (b) institute Trading and Markets, pursuant to delegated In its filing with the Commission, proceedings to determine whether the authority.29 FINRA included statements concerning proposed rule change should be Kevin M. O’Neill, the purpose of and basis for the disapproved. Deputy Secretary. proposed rule change and discussed any [FR Doc. 2014–24683 Filed 10–16–14; 8:45 am] comments it received on the proposed IV. Solicitation of Comments rule change. The text of these statements BILLING CODE 8011–01–P Interested persons are invited to may be examined at the places specified submit written data, views, and in Item IV below. FINRA has prepared arguments concerning the foregoing, SECURITIES AND EXCHANGE summaries, set forth in sections A, B, including whether the proposed rule COMMISSION and C below, of the most significant change is consistent with the Act. aspects of such statements. Comments may be submitted by any of [Release No. 34–73340; File No. SR–FINRA– A. Self-Regulatory Organization’s the following methods: 2014–042] Statement of the Purpose of, and Electronic Comments Statutory Basis for, Proposed Rule Self-Regulatory Organizations; • Change Use the Commission’s Internet Financial Industry Regulatory comment form (http://www.sec.gov/ Authority, Inc.; Notice of Filing and 1. Purpose rules/sro.shtml); or Immediate Effectiveness of a Proposed On January 17, 2014, the Commission • Send an Email to rule-comments@ Rule Change Relating to the approved SR–FINRA–2013–042, a sec.gov. Please include File Number SR– Implementation Date of Market proposed rule change to (i) adopt Rule NYSEArca–2014–114 on the subject Participant Identifier Requirements for 4552 to require ATSs to report to FINRA line. Alternative Trading Systems weekly volume information and number Paper Comments October 10, 2014. of trades regarding securities • transactions within the ATS; and (ii) Send paper comments in triplicate Pursuant to Section 19(b)(1) of the to Secretary, Securities and Exchange amend Rules 6160, 6170, 6480, and Securities Exchange Act of 1934 6720 to require each ATS to acquire and Commission, 100 F Street NE., (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Washington, DC 20549–1090. use a single, unique MPID when notice is hereby given that on October reporting information to FINRA.4 Rule All submissions should refer to File 2, 2014, Financial Industry Regulatory 4552 was implemented on May 12, Number SR–NYSEArca–2014–114. This Authority, Inc. (‘‘FINRA’’) filed with the 2014, and the MPID requirement for file number should be included on the Securities and Exchange Commission ATSs is currently scheduled to be subject line if email is used. To help the (‘‘SEC’’ or ‘‘Commission’’) the proposed implemented on November 10, 2014.5 Commission process and review your rule change as described in Items I and The proposed rule change postpones the comments more efficiently, please use II below, which Items have been implementation date for ATSs to only one method. The Commission will prepared by FINRA. FINRA has post all comments on the Commission’s designated the proposed rule change as 4 See Securities Exchange Act Release No. 71341 Internet Web site (http://www.sec.gov/ constituting a ‘‘non-controversial’’ rule (January 17, 2014), 79 FR 4213 (January 24, 2014) rules/sro.shtml). Copies of the change under paragraph (f)(6) of Rule (Order Approving SR–FINRA–2013–042). On April submission, all subsequent 19b–4 under the Act,3 which renders 3, 2014, FINRA filed with the Commission for amendments, all written statements immediate effectiveness a proposed rule change to the proposal effective upon receipt of amend Rules 6160, 6170, 6480, and 6720 to permit with respect to the proposed rule this filing by the Commission. The an ATS that trades both TRACE-Eligible Securities change that are filed with the Commission is publishing this notice to and equity securities (OTC Equity Securities or Commission, and all written NMS stocks) to use two MPIDs, rather than a single unique MPID, if each MPID is used exclusively for communications relating to the 29 17 CFR 200.30–3(a)(12). either TRACE-Eligible Securities or equity proposed rule change between the 1 15 U.S.C. 78s(b)(1). securities. See Securities Exchange Act Release No. Commission and any person, other than 2 17 CFR 240.19b–4. 71911 (April 9, 2014), 79 FR 21316 (April 15, 2014). those that may be withheld from the 3 17 CFR 240.19b–4(f)(6). 5 See Regulatory Notice 14–07 (February 2014).

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comply with the new MPID requirement the ATS MPID requirement so that with needed additional time so that they until February 2, 2015. members can ensure that their trade can better comply with recently-issued At the time FINRA filed SR–FINRA– reports and OATS reports comply with FINRA guidance on an ATS’s trade 2013–042, FINRA recognized that this guidance. FINRA believes that it reporting and OATS obligations. ‘‘given the potential systems changes would be beneficial to postpone the C. Self-Regulatory Organization’s required by the MPID requirement, implementation date by approximately FINRA will provide additional time for three months to provide firms with Statement on Comments on the firms to implement the MPID sufficient time to incorporate this Proposed Rule Change Received From requirement.’’ 6 Because of the time guidance into their coding for the MPID Members, Participants or Others necessary to make many of these requirement. A postponement should Written comments were neither systems changes, FINRA also noted in help ensure that firms are consistently solicited nor received. its response to comments on SR– reporting similar information to FINRA FINRA–2013–042 that ‘‘FINRA believes and that FINRA’s audit trail information III. Date of Effectiveness of the increased transparency in the over-the- is correct and reliable. FINRA believes Proposed Rule Change and Timing for counter market is necessary and that, if additional time is not provided, Commission Action beneficial and can be more readily firms may not be ready to comply with Because the foregoing proposed rule achieved through reporting the new guidance by November 10, change does not: (i) Significantly affect requirements before the MPID 2014, and FINRA’s audit trail could be the protection of investors or the public requirement is implemented. less accurate as a result. interest; (ii) impose any significant Consequently, FINRA declines to FINRA has filed the proposed rule burden on competition; and (iii) become eliminate the reporting requirement change for immediate effectiveness. The operative for 30 days from the date on from the first phase of the Proposal but effective date and the implementation which it was filed, or such shorter time reaffirms its commitment to reassessing date will be the date of filing, October as the Commission may designate, it has its need following implementation of 2, 2014. become effective pursuant to Section the MPID requirement.’’ 7 The self- 2. Statutory Basis 19(b)(3)(A) of the Act 11 and Rule 19b– reporting requirements in Rule 4552 4(f)(6) thereunder.12 were implemented on May 12, 2014, FINRA believes that the proposed rule and FINRA began publishing ATS data change is consistent with the provisions FINRA has requested that the on June 2, 2014; consequently, the of Section 15A(b)(6) of the Act,10 which Commission waive the 30-day operative transparency benefits of the new self- requires, among other things, that delay, so that the proposed rule change reporting rule are already in place, and FINRA rules must be designed to would be operative on filing. The ATS volume information is currently prevent fraudulent and manipulative Commission believes that waiving the available on FINRA’s Web site.8 acts and practices, to promote just and 30-day operative delay is consistent For the past several months, FINRA equitable principles of trade, and, in with the protection of investors and the staff has been discussing general, to protect investors and the public interest. By making the proposed implementation issues arising with the public interest. FINRA believes rule change operative immediately MPID requirement with various ATSs postponing the implementation date of FINRA’s ATS members can immediately and industry trade groups. In large part, the ATS MPID requirement by three be afforded notice of the additional time these issues involved specific, detailed months will provide firms with available for compliance with the MPID scenarios ATSs must program for to sufficient time to incorporate FINRA’s requirement. Therefore, the Commission report trades to a FINRA trade reporting new trade reporting and OATS guidance hereby waives the 30-day operative facility or to report order information to into their coding for the MPID delay and designates the proposed rule FINRA’s Order Audit Trail System requirement. This additional time change operative upon filing.13 (‘‘OATS’’). In response to these should help ensure that firms are At any time within 60 days of the inquiries, FINRA published written reporting information to FINRA so that filing of the proposed rule change, the guidance for ATSs on trade reporting FINRA’s audit trail information is Commission summarily may and OATS reporting on September 15, consistent, correct, and reliable. FINRA temporarily suspend such rule change if 2014.9 As part of this guidance, FINRA believes that, if additional time is not it appears to the Commission that such clarified ATSs’ trade reporting provided, firms may not be ready to action is necessary or appropriate in the obligations regarding the appropriate comply with the new guidance and public interest, for the protection of indication of MPIDs in various trade FINRA’s audit trail could be less investors, or otherwise in furtherance of reporting scenarios, the use of tape and accurate. Inconsistent reporting of ATS the purposes of the Act. If the non-tape reports for ATS transactions, order and trade information could also Commission takes such action, the the capacity of ATSs on trade reports, adversely affect FINRA’s ability to rely Commission shall institute proceedings and the inclusion of short sale on automated surveillance patterns to to determine whether the proposed rule indicators on trade reports. detect potential misconduct. should be approved or disapproved. Members have requested that FINRA postpone the implementation date for B. Organization’s Statement on Burden on Competition 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 6 Securities Exchange Act Release No. 70676 FINRA does not believe that the 4(f)(6) requires a self-regulatory organization to give (October 11, 2013), 78 FR 62862, 62856 (October 22, proposed rule change will result in any the Commission written notice of its intent to file 2013) (Notice of Filing of SR–FINRA–2013–042). burden on competition that is not the proposed rule change along with a brief 7 Letter from Brant K. Brown, Associate General description and text of the proposed rule change at Counsel, FINRA, to Elizabeth Murphy, Secretary, necessary or appropriate in furtherance least five business days prior to the date of filing SEC, dated January 15, 2014, at 7. of the purposes of the Act. FINRA of the proposed rule change, or such shorter time 8 FINRA has created a page on its Web site believes that extending the as designated by the Commission. The Exchange dedicated to the new ATS requirements, including implementation date of the new ATS has satisfied this requirement. a link to the ATS data reported pursuant to Rule 13 For purposes only of waiving the 30-day 4552. See www.finra.org/ats. MPID requirement will provide firms operative delay, the Commission has considered the 9 See www.finra.org/Industry/Compliance/Market proposed rule’s impact on efficiency, competition, Transparency/ATS/FAQ/. 10 15 U.S.C. 78o–3(b)(6). and capital formation. See 15 U.S.C. 78c(f).

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IV. Solicitation of Comments For the Commission, by the Division of the most significant aspects of such Trading and Markets, pursuant to delegated statements. Interested persons are invited to authority.14 submit written data, views and Kevin M. O’Neill, A. Self-Regulatory Organization’s Statement of the Purpose of, and arguments concerning the foregoing, Deputy Secretary. including whether the proposed rule Statutory Basis for, the Proposed Rule [FR Doc. 2014–24682 Filed 10–16–14; 8:45 am] Change change is consistent with the Act. BILLING CODE 8011–01–P Comments may be submitted by any of 1. Purpose the following methods: On February 8, 2013, the Exchange SECURITIES AND EXCHANGE Electronic Comments received approval of a rule change that COMMISSION established a Pilot Program that allows • Use the Commission’s Internet [Release No. 34–73338; File No. SR–CBOE– the Exchange to list options on the S&P comment form (http://www.sec.gov/ 2014–076] 500 Index whose exercise settlement rules/sro.shtml); or value is derived from closing prices on Self-Regulatory Organizations; the last trading day prior to expiration • Send an email to rule-comments@ Chicago Board Options Exchange, (‘‘SPXPM’’).3 On July 31, 2013, the sec.gov. Please include File Number SR– Incorporated; Notice of Filing and Exchange received approval of a rule FINRA–2014–042 on the subject line. Immediate Effectiveness of a Proposed change that amended the Pilot Program Paper Comments Rule Change To Extend a Pilot to allow the Exchange to list options on Program the Mini-SPX Index (‘‘XSP’’) whose • Send paper comments in triplicate exercise settlement value is derived to Brent J. Fields, Secretary, Securities October 10, 2014. from closing prices on the last trading and Exchange Commission, 100 F Street Pursuant to Section 19(b)(1) of the day prior to expiration (‘‘P.M.-settled’’) 4 Securities Exchange Act of 1934 (the (together, SPXPM and P.M.-settled XSP NE., Washington, DC 20549. 1 2 ‘‘Act’’), and Rule 19b–4 thereunder, to be referred to herein as the ‘‘Pilot All submissions should refer to File notice is hereby given that on October Products’’).5 In January 2014, the Number SR–FINRA–2014–042. This file 3, 2014, Chicago Board Options Exchange filed a proposed rule change number should be included on the Exchange, Incorporated (the ‘‘Exchange’’ that extended the pilot period from subject line if email is used. To help the or ‘‘CBOE’’) filed with the Securities February 8, 2014 to November 3, 2014.6 Commission process and review your and Exchange Commission (the The Exchange hereby proposes to comments more efficiently, please use ‘‘Commission’’) the proposed rule extend the duration of this pilot period only one method. The Commission will change as described in Items I and II to end on May 3, 2016. post all comments on the Commission’s below, which Items have been prepared During the course of the Pilot Program Internet Web site (http://www.sec.gov/ by the Exchange. The Commission is and in support of the extension of the rules/sro.shtml). Copies of the publishing this notice to solicit Pilot Program, the Exchange has submission, all subsequent comments on the proposed rule change submitted to the Commission reports amendments, all written statements from interested persons. regarding the Pilot Program which detail with respect to the proposed rule I. Self-Regulatory Organization’s the Exchange’s experience with the Pilot change that are filed with the Statement of the Terms of Substance of Program, pursuant to the SPXPM Commission, and all written the Proposed Rule Change Approval Order and the P.M.-settled communications relating to the XSP Approval Order. Specifically, the The Exchange proposes to extend a Exchange has submitted a Pilot Program proposed rule change between the pilot program. The text of the proposed report to the Commission (the ‘‘annual Commission and any person, other than rule change is available on the report’’). The annual report has those that may be withheld from the Exchange’s Web site (http:// contained an analysis of volume, open public in accordance with the www.cboe.com/AboutCBOE/ interest, and trading patterns. The provisions of 5 U.S.C. 552, will be CBOELegalRegulatoryHome.aspx), at analysis examines trading in Pilot available for Web site viewing and the Exchange’s Office of the Secretary, Products as well as trading in the printing in the Commission’s Public and at the Commission’s Public securities that comprise the underlying Reference Room, 100 F Street NE., Reference Room. index. In addition, for series that exceed Washington, DC 20549, on official II. Self-Regulatory Organization’s certain minimum open interest business days between the hours of 10 Statement of the Purpose of, and parameters, the annual report provides a.m. and 3 p.m. Copies of such filing Statutory Basis for, the Proposed Rule analysis of index price volatility and also will be available for inspection and Change share trading activity. In addition to the copying at the principal office of annual report, the Exchange provides FINRA. All comments received will be In its filing with the Commission, the the Commission with periodic interim posted without change; the Commission Exchange included statements concerning the purpose of and basis for 3 does not edit personal identifying See Securities Exchange Act Release No. 68888 the proposed rule change and discussed (February 8, 2013), 78 FR 10668 (February 14, 2013) information from submissions. You any comments it received on the (SR–CBOE–2012–120) (the ‘‘SPXPM Pilot Program should submit only information that proposed rule change. The text of these Approval Order’’). you wish to make available publicly. All 4 See Securities Exchange Act Release No. 70087 statements may be examined at the (July 31, 2013), 78 FR 47809 (August 6, 2013) (SR– submissions should refer to File places specified in Item IV below. The CBOE–2013–055) (the ‘‘P.M.-settled XSP Approval Number SR–FINRA–2014–042 and Exchange has prepared summaries, set Order’’). should be submitted on or before forth in sections A, B, and C below, of 5 For more information on SPXPM, P.M.-settled November 7, 2014. XSP or the Pilot Program, see the SPXPM Approval Order and the P.M.-settled XSP Approval Order. 14 17 CFR 200.30–3(a)(12). 6 See Securities Exchange Act Release No. 71424 1 15 U.S.C. 78s(b)(1). (January 28, 2014), 79 FR 6249 (February 3, 2014) 2 17 CFR 240.19b–4. (SR–CBOE–2014–004).

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reports while the Pilot Program is in volumes of those securities over a opportunities for investors. Further, the effect that contains some, but not all, of sample period. Exchange believes that it has not the information contained in the annual The minimum open interest experienced any adverse effects or report. The annual report is provided to parameters, control sample, time meaningful regulatory concerns from the Commission on a confidential basis. intervals, method for randomly selecting the operation of the Pilot Program. As The annual report contains the the component securities, and sample such, the Exchange believes that the following volume and open interest periods are determined by the Exchange extension of the Pilot Program does not data: and the Commission. In proposing to raise any unique or prohibitive extend the Pilot Program, the Exchange (1) Monthly volume aggregated for all regulatory concerns. Also, the Exchange will continue to abide by the reporting trades; believes that such trading has not, and (2) monthly volume aggregated by requirements described herein, as well as in the SPXPM Approval Order and will not, adversely impact fair and expiration date; orderly markets on Expiration Fridays (3) monthly volume for each the P.M.-settled XSP Approval Order. for the underlying stocks comprising the individual series; The Exchange proposes the extension S&P 500 index. The extension of the (4) month-end open interest of the Pilot Program in order to continue aggregated for all series; to give the Securities and Exchange Pilot Program will continue to provide (5) month-end open interest for all Commission (the ‘‘Commission’’) more investors with the opportunity to trade series aggregated by expiration date; and time to consider the impact of the Pilot the desirable products of SPXPM and (6) month-end open interest for each Program. To this point, CBOE believes P.M.-settled XSP, while also providing individual series. that the Pilot Program has been well- the Commission further opportunity to received by its Trading Permit Holders In addition to the annual report, the observe such trading of the Pilot (‘‘TPHs’’) and the investing public and Exchange provides the Commission Products. the Exchange would like to continue to with interim reports of the information provide investors with the ability to B. Self-Regulatory Organization’s listed in Items (1) through (6) above trade SPXPM and P.M.-settled XSP. All Statement on Burden on Competition periodically as required by the terms regarding the trading of the Pilot Commission while the Pilot Program is CBOE does not believe that the Products shall continue to operate as in effect. These interim reports are also proposed rule change will impose any described in the SPXPM Approval provided on a confidential basis. The burden on competition that is not Order and the P.M.-settled XSP annual report also contains the necessary or appropriate in furtherance Approval Order. The Exchange merely information noted in Items (1) through proposes herein to extend the term of of the purposes of the Act. The (6) above for Expiration Friday, A.M.- the Pilot Program to May 3, 2016. Exchange does not believe the settled S&P 500 index options traded on continuation of the Pilot Program will CBOE. 2. Statutory Basis impose any unnecessary or In addition, the annual report The Exchange believes the proposed inappropriate burden on intramarket contains the following analysis of rule change is consistent with the Act competition because it will continue trading patterns in the Pilot Products and the rules and regulations apply equally to all CBOE market options series in the Pilot Program: thereunder applicable to the Exchange participants and the Pilot Products will (1) A time series analysis of open and, in particular, the requirements of be available to all CBOE market interest; and Section 6(b) of the Act.7 Specifically, participants. The Exchange believes (2) an analysis of the distribution of the Exchange believes the proposed rule there is sufficient investor interest and trade sizes. change is consistent with the Section Also, for series that exceed certain demand in the Pilot Program to warrant 6(b)(5) 8 requirements that the rules of its extension. The Exchange believes minimum parameters, the annual report an exchange be designed to prevent contains the following analysis related that, for the period that the Pilot fraudulent and manipulative acts and Program has been in operation, it has to index price changes and underlying practices, to promote just and equitable share trading volume at the close on provided investors with desirable principles of trade, to foster cooperation products with which to trade. Expiration Fridays: and coordination with persons engaged Furthermore, the Exchange believes that (1) A comparison of index price in regulating, clearing, settling, it has not experienced any adverse changes at the close of trading on a processing information with respect to, market effects or regulatory concerns given Expiration Friday with and facilitating transactions in comparable price changes from a control securities, to remove impediments to with respect to the Pilot Program. The sample. The data includes a calculation and perfect the mechanism of a free and Exchange further does not believe that of percentage price changes for various open market and a national market the proposed extension of the Pilot time intervals and compare that system, and, in general, to protect Program will impose any burden on information to the respective control investors and the public interest. intermarket competition that is not sample. Raw percentage price change Additionally, the Exchange believes the necessary or appropriate in furtherance data as well as percentage price change proposed rule change is consistent with of the purposes of the Act because it data normalized for prevailing market the Section 6(b)(5) 9 requirement that only applies to trading on CBOE. To the volatility, as measured by the CBOE the rules of an exchange not be designed extent that the continued trading of the Volatility Index (VIX), is provided; and to permit unfair discrimination between Pilot Products may make CBOE a more (2) a calculation of share volume for customers, issuers, brokers, or dealers. attractive marketplace to market a sample set of the component securities In particular, the Exchange believes participants at other exchanges, such representing an upper limit on share that the proposed extension of the Pilot market participants may elect to become trading that could be attributable to Program will continue to provide greater CBOE market participants. expiring in-the-money series. The data includes a comparison of the calculated 7 15 U.S.C. 78f(b). share volume for securities in the 8 15 U.S.C. 78f(b)(5). sample set to the average daily trading 9 Id.

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C. Self-Regulatory Organization’s number should be included on the telephone: (717) 238–0423, ext. 1312; Statement on Comments on the subject line if email is used. To help the fax: (717) 238–2436; email: joyler@ Proposed Rule Change Received From Commission process and review your srbc.net. Regular mail inquiries may be Members, Participants, or Others comments more efficiently, please use sent to the above address. The Exchange neither solicited nor only one method. The Commission will SUPPLEMENTARY INFORMATION: This received comments on the proposed post all comments on the Commission’s notice lists the projects, described rule change. Internet Web site (http://www.sec.gov/ below, receiving approval for the rules/sro.shtml). Copies of the consumptive use of water pursuant to III. Date of Effectiveness of the submission, all subsequent the Commission’s approval by rule Proposed Rule Change and Timing for amendments, all written statements process set forth in 18 CFR 806.22(e) Commission Action with respect to the proposed rule and (f) for the time period specified Because the foregoing proposed rule change that are filed with the above: change does not (i) significantly affect Commission, and all written Approvals By Rule Issued Under 18 the protection of investors or the public communications relating to the CFR 806.22(e): interest; (ii) impose any significant proposed rule change between the 1. Mayapple Real Estate Holdings, burden on competition; and (iii) become Commission and any person, other than Mayapple Golf Links, ABR– operative for 30 days from the date on those that may be withheld from the 201406001, South Middletown which it was filed, or such shorter time public in accordance with the Township, Cumberland County, as the Commission may designate, it has provisions of 5 U.S.C. 552, will be Pa.; Consumptive Use of Up to become effective pursuant to Section available for Web site viewing and 0.200 mgd; Approval Date: July 3, 19(b)(3)(A) of the Act 10 and Rule 19b– printing in the Commission’s Public 2014. 4(f)(6) 11 thereunder. At any time within Reference Room, 100 F Street NE., Approvals By Rule Issued Under 18 60 days of the filing of the proposed rule Washington, DC 20549 on official CFR 806.22(f): change, the Commission summarily may business days between the hours of temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of the 1. Southwestern Energy Production it appears to the Commission that such filing also will be available for Company, Pad ID: NR–03– action is necessary or appropriate in the inspection and copying at the principal COLWELL WEST–PAD, ABR– public interest, for the protection of office of the Exchange. All comments 201406002, New Milford Township, investors, or otherwise in furtherance of received will be posted without change; Susquehanna County, Pa.; the purposes of the Act. If the the Commission does not edit personal Consumptive Use of Up to 4.999 Commission takes such action, the identifying information from mgd; Approval Date: June 4, 2014. Commission will institute proceedings submissions. You should submit only 2. Southwestern Energy Production to determine whether the proposed rule information that you wish to make Company, Pad ID: NR–17– change should be approved or available publicly. All submissions COLEMAN–PAD, ABR–201406003, disapproved. should refer to File Number SR–CBOE– Great Bend and Oakland Townships, Susquehanna County, IV. Solicitation of Comments 2014–076 and should be submitted on or before November 7, 2014. Pa.; Consumptive Use of Up to Interested persons are invited to 4.999 mgd; Approval Date: June 4, submit written data, views, and For the Commission, by the Division of 2014. arguments concerning the foregoing, Trading and Markets, pursuant to delegated 3. Chief Oil & Gas LLC, Pad ID: authority.12 including whether the proposed rule Baumunk North B Drilling Pad, change is consistent with the Act. Kevin M. O’Neill, ABR–201406004, Fox Township, Comments may be submitted by any of Deputy Secretary. Sullivan County, Pa.; Consumptive the following methods: [FR Doc. 2014–24680 Filed 10–16–14; 8:45 am] Use of Up to 2.500 mgd; Approval BILLING CODE 8011–01–P Date: June 4, 2014. Electronic Comments 4. Chief Oil & Gas LLC, Pad ID: Wissler • Use the Commission’s Internet Drilling Pad, ABR–201406005, comment form (http://www.sec.gov/ SUSQUEHANNA RIVER BASIN McNett Township, Lycoming rules/sro.shtml); or COMMISSION County, Pa.; Consumptive Use of • Send an email to rule-comments@ Up to 2.500 mgd; Approval Date: sec.gov. Please include File Number SR– Projects Approved for Consumptive June 4, 2014. CBOE–2014–076 on the subject line. Uses of Water 5. Chief Oil & Gas LLC, Pad ID: Clear Paper Comments Springs Dairy Drilling Pad #1, AGENCY: Susquehanna River Basin ABR–200091214.R1, Burlington • Send paper comments in triplicate Commission. Township, Bradford County, Pa.; to Secretary, Securities and Exchange ACTION: Notice. Consumptive Use of Up to 5.000 Commission, 100 F Street NE., mgd; Approval Date: June 4, 2014. SUMMARY: This notice lists the projects Washington, DC 20549–1090. 6. Range Resources—Appalachia, LLC, approved by rule by the Susquehanna All submissions should refer to File Pad ID: Gulf USA 67H, ABR– River Basin Commission during the Number SR–CBOE–2014–076. This file 201406006, Snow Shoe Township, period set forth in DATES. Centre County, Pa.; Consumptive 10 15 U.S.C. 78s(b)(3)(A). DATES: June 1–July 31, 2014. Use of Up to 5.000 mgd; Approval 11 17 CFR 240.19b–4(f)(6)(iii). Rule 19b–4(f)(6)(iii) ADDRESSES: Susquehanna River Basin Date: June 6, 2014. states the Exchange must provide the Commission Commission, 4423 North Front Street, with written notice of its intent to file the proposed 7. Southwestern Energy Production rule change, along with a brief description and the Harrisburg, PA 17110–1788. Company, Pad ID: Chamberlin, text of the proposed rule change at least five days FOR FURTHER INFORMATION CONTACT: ABR–201008088.R1, Stevens business days prior to the date of filing of the Township, Bradford County, Pa.; proposed rule change, or such shorter time as Jason E. Oyler, Regulatory Counsel, designated by the Commission. The Exchange has Consumptive Use of Up to 4.990 satisfied this requirement. 12 17 CFR 200.30–3(a)(12). mgd; Approval Date: June 9, 2014.

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8. Southwestern Energy Production Up to 7.500 mgd; Approval Date: 31. Talisman Energy USA, Inc., Pad ID: Company, Pad ID: Strong Pad, June 16, 2014. Hoover G 017, ABR–20100108.R1, ABR–201009085.R1, Herrick 20. Chesapeake Appalachia, LLC, Pad Canton Township, Bradford Township, Bradford County, Pa.; ID: Evanchick, ABR–20090604.R1, County, Pa.; Consumptive Use of Consumptive Use of Up to 4.990 Asylum Township, Bradford Up to 3.000 mgd; Approval Date: mgd; Approval Date: June 9, 2014. County, Pa.; Consumptive Use of June 26, 2014. 9. Southwestern Energy Production Up to 7.500 mgd; Approval Date: 32. Talisman Energy USA, Inc., Pad ID: Company, Pad ID: Ross Pad, ABR– June 16, 2014. Foust J 1H, ABR–20100109.R1, 201009086.R1, Herrick Township, 21. Chesapeake Appalachia, LLC, Pad Granville Township, Bradford Bradford County, Pa.; Consumptive ID: Mowry, ABR–20090527.R1, County, Pa.; Consumptive Use of Use of Up to 4.990 mgd; Approval Tuscarora Township, Bradford Up to 3.000 mgd; Approval Date: Date: June 9, 2014. County, Pa.; Consumptive Use of June 26, 2014. 10. Ultra Resources Inc., Pad ID: T Up to 7.500 mgd; Approval Date: 33. Talisman Energy USA, Inc., Pad ID: Pierson Pad, ABR–20090903.R1, June 17, 2014. Lutz T1, ABR–20100110.R1, Troy Gaines Township, Tioga County, 22. Chesapeake Appalachia, LLC, Pad Township, Bradford County, Pa.; Pa.; Consumptive Use of Up to ID: May, ABR–20090528.R1, Consumptive Use of Up to 3.000 4.990 mgd; Approval Date: June 10, Granville Township, Bradford mgd; Approval Date: June 26, 2014. 2014. County, Pa.; Consumptive Use of 34. Talisman Energy USA, Inc., Pad ID: 11. Seneca Resources Corporation, Pad Up to 7.500 mgd; Approval Date: Vanblarcom R 004, ABR– ID: CRV D08–Pad G, ABR– June 17, 2014. 20100103.R1, Columbia Township, 201406007, Norwich Township, 23. Chesapeake Appalachia, LLC, Pad Bradford County, Pa.; Consumptive McKean County, Pa.; Consumptive ID: VanNoy, ABR–20090535.R1, Use of Up to 3.000 mgd; Approval Use of Up to 4.000 mgd; Approval Granville Township, Bradford Date: June 30, 2014. Date: June 13, 2014. County, Pa.; Consumptive Use of 35. Talisman Energy USA, Inc., Pad ID: 12. Chief Oil & Gas LLC, Pad ID: Clark Up to 7.500 mgd; Approval Date: Lutz T2, ABR–20100111.R1, Troy Drilling Pad, ABR–201406008, June 17, 2014. Township, Bradford County, Pa.; Springville Township, 24. Chesapeake Appalachia, LLC, Pad Consumptive Use of Up to 3.000 Susquehanna County, Pa.; ID: Przybyszewski, ABR– mgd; Approval Date: June 30, 2014. Consumptive Use of Up to 2.500 20090555.R1, Auburn Township, 36. Talisman Energy USA, Inc., Pad ID: mgd; Approval Date: June 13, 2014. Susquehanna County, Pa.; TWL Assoc 01 016, ABR– 13. Anadarko E&P Onshore LLC, Pad ID: Consumptive Use of Up to 7.500 20100129.R1, Armenia Township, Lycoming H&FC Pad B, ABR– mgd; Approval Date: June 17, 2014. Bradford County, Pa.; Consumptive 201009099.R1, Cogan House 25. Chesapeake Appalachia, LLC, Pad Use of Up to 3.000 mgd; Approval Township, Lycoming County, Pa.; ID: Strom, ABR–20090602.R1, Date: June 30, 2014. Consumptive Use of Up to 3.000 Monroe Township, Bradford 37. Talisman Energy USA, Inc., Pad ID: mgd; Approval Date: June 13, 2014. 14. Range Resources—Appalachia, LLC, County, Pa.; Consumptive Use of Thomas FT 2, ABR–20100113.R1, Pad ID: Laurel Hill 1, ABR– Up to 7.500 mgd; Approval Date: Troy Township, Bradford County, 20100154.R1, Jackson Township, June 17, 2014. Pa.; Consumptive Use of Up to Lycoming County, Pa.; 26. Chesapeake Appalachia, LLC, Pad 3.000 mgd; Approval Date: June 30, Consumptive Use of Up to 5.000 ID: Vargson, ABR–20090605.R1, 2014. mgd; Approval Date: June 13, 2014. Granville Township, Bradford 38. Talisman Energy USA, Inc., Pad ID: 15. Chief Oil & Gas LLC, Pad ID: Czop County, Pa.; Consumptive Use of Thomas FT 1, ABR–20100112.R1, Drilling Pad, ABR–201406009, Fox Up to 7.500 mgd; Approval Date: Troy Township, Bradford County, Township, Sullivan County, Pa.; June 17, 2014. Pa.; Consumptive Use of Up to Consumptive Use of Up to 2.500 27. Seneca Resources Corporation, Pad 3.000 mgd; Approval Date: June 30, mgd; Approval Date: June 16, 2014. ID: CRV Pad C08–X, ABR– 2014. 16. Chesapeake Appalachia, LLC, Pad 201406010, Shippen Township, 39. Chesapeake Appalachia, LLC, Pad ID: Judd, ABR–20090534.R1, Cameron County, Pa.; Consumptive ID: Deremer, ABR–201407001, Monroe Township, Bradford Use of Up to 4.000 mgd; Approval Tuscarora Township, Bradford County, Pa.; Consumptive Use of Date: June 26, 2014. County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: 28. Southwestern Energy Production Up to 7.500 mgd; Approval Date: June 16, 2014. Company, Pad ID: Ball, ABR– July 1, 2014. 17. Chesapeake Appalachia, LLC, Pad 201007060.R1, Stevens Township, 40. Chesapeake Appalachia, LLC, Pad ID: Benscoter, ABR–20090601.R1, Bradford County, Pa.; Consumptive ID: Windswept, ABR–201407002, Auburn Township, Susquehanna Use of Up to 4.999 mgd; Approval Auburn Township, Susquehanna County, Pa.; Consumptive Use of Date: June 26, 2014. County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: 29. Chesapeake Appalachia, LLC, Pad Up to 7.500 mgd; Approval Date: June 16, 2014. ID: Welles 1, ABR–20090610.R1, July 1, 2014. 18. Chesapeake Appalachia, LLC, Pad Terry Township, Bradford County, 41. Cabot Oil & Gas Corporation, Pad ID: ID: Chancellor, ABR–20090532.R1, Pa.; Consumptive Use of Up to WeissM P1, ABR–201407003, Asylum Township, Bradford 7.500 mgd; Approval Date: June 26, Gibson Township, Susquehanna County, Pa.; Consumptive Use of 2014. County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: 30. Talisman Energy USA, Inc., Pad ID: Up to 4.250 mgd; Approval Date: June 16, 2014. Castle 01 047, ABR–20100128.R1, July 1, 2014. 19. Chesapeake Appalachia, LLC, Pad Armenia Township, Bradford 42. Cabot Oil & Gas Corporation, Pad ID: ID: Clapper, ABR–20090533.R1, County, Pa.; Consumptive Use of ShieldsG P2, ABR–20091023.R1, Auburn Township, Susquehanna Up to 3.000 mgd; Approval Date: Dimock Township, Susquehanna County, Pa.; Consumptive Use of June 26, 2014. County, Pa.; Consumptive Use of

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Up to 3.575 mgd; Approval Date: Up to 5.000 mgd; Approval Date: Up to 2.000 mgd; Approval Date: July 1, 2014. July 9, 2014. July 23, 2014. 43. Cabot Oil & Gas Corporation, Pad ID: 54. Chief Oil & Gas LLC, Pad ID: Elliott 65. Chief Oil & Gas LLC, Pad ID: HibbardAM P2, ABR–20091224.R1, Drilling Pad #1H, ABR– Dacheux B Drilling Pad, ABR– Dimock Township, Susquehanna 20100136.R1, Monroe Township, 201407013, Cherry Township, County, Pa.; Consumptive Use of Bradford County, Pa.; Consumptive Sullivan County, Pa.; Consumptive Up to 3.575 mgd; Approval Date: Use of Up to 5.000 mgd; Approval Use of Up to 2.500 mgd; Approval July 1, 2014. Date: July 9, 2014. Date: July 23, 2014. 44. Southwestern Energy Production 55. Anadarko E&P Onshore, LLC, Pad 66. Chief Oil & Gas LLC, Pad ID: Company, Pad ID: Behrend Pad, ID: COP Tr 027C Pad A, ABR– Reibson Drilling Pad, ABR– ABR–201010031.R1, Herrick 201407005, McHenry Township, 201407014, Elkland Township, Township, Bradford County, Pa.; Lycoming County, Pa.; Sullivan County, Pa.; Consumptive Consumptive Use of Up to 4.990 Consumptive Use of Up to 4.000 Use of Up to 2.500 mgd; Approval mgd; Approval Date: July 1, 2014. mgd; Approval Date: July 11, 2014. Date: July 23, 2014. 45. Southwestern Energy Production 56. Anadarko E&P Onshore, LLC, Pad 67. Southwestern Energy Production Company, Pad ID: Reeve Pad, ABR– ID: COP Tr 027C Pad B, ABR– Company, Pad ID: RU–72– 20100403.R1, Herrick Township, 201407006, McHenry Township, FOLKVARD–PAD, ABR– Bradford County, Pa.; Consumptive Lycoming County, Pa.; 201407016, Jackson Township, Use of Up to 4.999 mgd; Approval Consumptive Use of Up to 4.000 Susquehanna County, Pa.; Date: July 1, 2014. mgd; Approval Date: July 11, 2014. Consumptive Use of Up to 4.999 46. Southwestern Energy Production 57. Chief Oil & Gas LLC, Pad ID: SGL– mgd; Approval Date: July 28, 2014. Company, Pad ID: Belcher Pad, 12 A Drilling Pad, ABR–201407007, 68. Range Resources—Appalachia, LLC, ABR–201011015.R1, Clifford Overton Township, Bradford Pad ID: Cornwall 6H–8H, ABR– Township, Susquehanna County, County, Pa.; Consumptive Use of 201407017, Lewis Township, Pa.; Consumptive Use of Up to Up to 2.500 mgd; Approval Date: Lycoming County, Pa.; 4.990 mgd; Approval Date: July 1, July 14, 2014. Consumptive Use of Up to 5.000 2014. 58. Chesapeake Appalachia, LLC, Pad mgd; Approval Date: July 28, 2014. 47. Cabot Oil & Gas Corporation, Pad ID: ID: White SUS, ABR–201407008, 69. Range Resources—Appalachia, LLC, HibbardAM P1, ABR–20091223.R1, Auburn Township, Susquehanna Pad ID: Roupp, ABR–201407018, Dimock Township, Susquehanna County, Pa.; Consumptive Use of Mifflin Township, Lycoming County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: County, Pa.; Consumptive Use of Up to 3.575 mgd; Approval Date: July 15, 2014. Up to 5.000 mgd; Approval Date: July 2, 2014. 59. Chesapeake Appalachia, LLC, Pad July 28, 2014. 48. Southwestern Energy Production ID: McDonough, ABR–201407009, 70. EOG Resources, Inc., Pad ID: LEE Company, Pad ID: Ferguson, ABR– Meshoppen Township, Wyoming 1H, ABR–20091122.R1, Springfield 20100201.R1, Herrick Township, County, Pa.; Consumptive Use of Township, Bradford County, Pa.; Bradford County, Pa.; Consumptive Up to 7.500 mgd; Approval Date: Consumptive Use of Up to 1.999 Use of Up to 4.999 mgd; Approval July 14, 2014. mgd; Approval Date: July 29, 2014. Date: July 2, 2014. 60. Southwestern Energy Production 71. EOG Resources, Inc., Pad ID: LEE 49. Southwestern Energy Production Company, Pad ID: NR–20– 2H, ABR–20091123.R1, Springfield Company, Pad ID: Robinson, ABR– COLWELL–PAD, ABR–201407010, Township, Bradford County, Pa.; 20100653.R1, Stevens Township, Oakland Township, Susquehanna Consumptive Use of Up to 1.999 Bradford County, Pa.; Consumptive County, Pa.; Consumptive Use of mgd; Approval Date: July 29, 2014. Use of Up to 4.999 mgd; Approval Up to 4.999 mgd; Approval Date: 72. EOG Resources, Inc., Pad ID: LEE Date: July 2, 2014. July 14, 2014. 3H, ABR–20091124.R1, Springfield 50. Southwestern Energy Production 61. Cabot Oil & Gas Corporation, Pad ID: Township, Bradford County, Pa.; Company, Pad ID: Greenzweig (GU PowersN P2, ABR–201407011, Consumptive Use of Up to 1.999 C Pad), ABR–201407004, Herrick Middletown Township, mgd; Approval Date: July 29, 2014. Township, Bradford County, Pa.; Susquehanna County, Pa.; Authority: Pub. L. 91–575, 84 Stat. 1509 et Consumptive Use of Up to 4.999 Consumptive Use of Up to 4.250 seq., 18 CFR Parts 806, 807, and 808. mgd; Approval Date: July 2, 2014. mgd; Approval Date: July 22, 2014. 51. Pennsylvania General Energy 62. Southwestern Energy Production Dated: October 8, 2014. Company, LLC, Pad ID: Tract 729 Company, Pad ID: Price (PU BB Stephanie L. Richardson, well #2384, ABR–20090734.R1, Pad), ABR–201407012, Lenox Secretary to the Commission. Cummings Township, Lycoming Township, Susquehanna County, [FR Doc. 2014–24700 Filed 10–16–14; 8:45 am] County, Pa.; Consumptive Use of Pa.; Consumptive Use of Up to BILLING CODE 7040–01–P Up to 4.999 mgd; Approval Date: 4.999 mgd; Approval Date: July 22, July 9, 2014. 2014. 52. Pennsylvania General Energy 63. WPX Energy Appalachia, LLC, Pad SUSQUEHANNA RIVER BASIN Company, LLC, Pad ID: State Forest ID: Micks Pad Site, ABR– COMMISSION Tract 293 well pad #1, ABR– 20090938.R1, Forest Lake 20090735.R1, Cummings Township, Township, Susquehanna County, Projects Rescinded for Consumptive Lycoming County, Pa.; Pa.; Consumptive Use of Up to Uses of Water Consumptive Use of Up to 4.900 3.999 mgd; Approval Date: July 23, AGENCY: Susquehanna River Basin mgd; Approval Date: July 9, 2014. 2014. Commission. 53. Chief Oil & Gas LLC, Pad ID: Walters 64. Chief Oil & Gas LLC, Pad ID: Bacon ACTION: Notice. Unit #1H, ABR–20100135.R1, West Drilling Pad #1, ABR–20100202.R1, Burlington Township, Bradford Burlington Township, Bradford SUMMARY: This notice lists the approved County, Pa.; Consumptive Use of County, Pa.; Consumptive Use of by rule projects rescinded by the

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Susquehanna River Basin Commission 201303005, Fox Township, Sullivan Township, Wayne County, Pa.; during the period set forth in DATES. County, Pa.; Rescind Date: July 29, Rescind Date: August 13, 2014. DATES: July 1 through August 31, 2014. 2014. 29. Hess Corporation, Pad ID: Gerhard, ADDRESSES: Susquehanna River Basin 12. SWEPI, LP, Pad ID: Staples 804, ABR–201008133, Scott Township, Commission, 4423 North Front Street, ABR–20100652, Clymer Township, Wayne County, Pa.; Rescind Date: Harrisburg, PA 17110–1788. Tioga County, Pa.; Rescind Date: August 13, 2014. August 11, 2014. 30. Chevron Appalachia, LLC, Pad ID: FOR FURTHER INFORMATION CONTACT: 13. SWEPI, LP, Pad ID: Talley 488, Ritchey Unit Drilling Pad, ABR– Jason E. Oyler, Regulatory Counsel, ABR–201009081, Covington 20091010, Juniata Township, Blair telephone: (717) 238–0423, ext. 1312; Township, Tioga County, Pa.; County, Pa.; Rescind Date: August fax: (717) 238–2436; email: joyler@ Rescind Date: August 11, 2014. 13, 2014. srbc.net. Regular mail inquiries may be 14. SWEPI, LP, Pad ID: Berguson 622, 31. Chevron Appalachia, LLC, Pad ID: sent to the above address. ABR–201010041, Covington Lightner Drilling Pad #1, ABR– SUPPLEMENTARY INFORMATION: This Township, Tioga County, Pa.; 201007045, Juniata Township, Blair notice lists the projects, described Rescind Date: August 11, 2014. County, Pa.; Rescind Date: August below, being rescinded for the 15. SWEPI, LP, Pad ID: Stevens 413, 13, 2014. consumptive use of water pursuant to ABR–201010043, Delmar 32. Chevron Appalachia, LLC, Pad ID: the Commission’s approval by rule Township, Tioga County, Pa.; Davis Drilling Pad #1, ABR– process set forth in 18 CFR 806.22(e) Rescind Date: August 11, 2014. 201007067, West St. Clair and § 806.22(f) for the time period 16. SWEPI, LP, Pad ID: Parsons 613, Township, Bedford County, Pa.; specified above: ABR–201010053, Delmar Rescind Date: August 13, 2014. Rescinded ABR Issued June 1–August Township, Tioga County, Pa.; 33. Chevron Appalachia, LLC, Pad ID: 31, 2014 Rescind Date: August 11, 2014. Boileau Drilling Pad #1, ABR– 17. SWEPI, LP, Pad ID: Smith 606, 201010069, Goshen Township, 1. Chesapeake Appalachia, LLC, Pad ID: ABR–201102013, Duncan Clearfield County, Pa.; Rescind Graham, ABR–201012005, Morris Township, Tioga County, Pa.; Date: August 13, 2014. Township, Tioga County, Pa.; Rescind Date: August 11, 2014. 34. Chevron Appalachia, LLC, Pad ID: Rescind Date: June 19, 2014. 18. SWEPI, LP, Pad ID: Fenton 473, Smithmyer Drilling Pad #1, ABR– 2. Chesapeake Appalachia, LLC, Pad ID: ABR–201102019, Charleston 201101020, Clearfield Township, Potluck Farm, ABR–201012022, Township, Tioga County, Pa.; Cambria County, Pa.; Rescind Date: Cherry Township, Sullivan County, Rescind Date: August 11, 2014. August 13, 2014. Pa.; Rescind Date: June 19, 2014. 19. SWEPI, LP, Pad ID: Brucklacher 734, Authority: Pub. L. 91–575, 84 Stat. 1509 et 3. Chesapeake Appalachia, LLC, Pad ID: ABR–201106017, Jackson seq., 18 CFR Parts 806, 807, and 808. North40, ABR–201111026, Township, Lycoming County, Pa.; Litchfield Township, Bradford Rescind Date: August 11, 2014. Dated: October 10, 2014. County, Pa.; Rescind Date: June 19, 20. SWEPI, LP, Pad ID: Hoffman 1201, Stephanie L. Richardson, 2014. ABR–201112038, Brookfield Secretary to the Commission. 4. Chesapeake Appalachia, LLC, Pad ID: Township, Tioga County, Pa.; [FR Doc. 2014–24701 Filed 10–16–14; 8:45 am] Molly J, ABR–201211003, Monroe Rescind Date: August 11, 2014. BILLING CODE 7040–01–P and Overton Townships, Bradford 21. SWEPI, LP, Pad ID: Parker 727, County, Pa.; Rescind Date: June 19, ABR–201203022, Liberty 2014. Township, Tioga County, Pa.; DEPARTMENT OF TRANSPORTATION 5. Chesapeake Appalachia, LLC, Pad ID: Rescind Date: August 11, 2014. Ferris, ABR–201301004, Braintrim 22. SWEPI, LP, Pad ID: Brumwell 657, Federal Aviation Administration Township, Wyoming County, Pa.; ABR–201212001, Richmond Rescind Date: June 19, 2014. Township, Tioga County, Pa.; Aviation Rulemaking Advisory 6. Chesapeake Appalachia, LLC, Pad ID: Rescind Date: August 11, 2014. Committee Meeting on Transport Virginia, ABR–201303013, Auburn 23. Hess Corporation, Pad ID: Miller, Airplane and Engine Issues Township, Susquehanna County, ABR–201007026, Scott Township, AGENCY: Federal Aviation Pa.; Rescind Date: June 19, 2014. Wayne County, Pa.; Rescind Date: Administration (FAA), DOT. 7. Chesapeake Appalachia, LLC, Pad ID: August 13, 2014. ACTION: Wittiz, ABR–201304016, Franklin 24. Hess Corporation, Pad ID: Steinberg, Notice of public meeting. Township, Bradford County, Pa.; ABR–201007027, Preston SUMMARY: This notice announces a Rescind Date: June 19, 2014. Township, Wayne County, Pa.; public meeting of the FAA’s Aviation 8. Carrizo (Marcellus), LLC, Pad ID: Rescind Date: August 13, 2014. Rulemaking Advisory Committee Wetterling, ABR–201208001, 25. Hess Corporation, Pad ID: Medved, (ARAC) Transport Airplane and Engine Owego Town, Tioga County, NY; ABR–201007055, Preston (TAE) Subcommittee to discuss TAE Rescind Date: July 29, 2014. Township, Wayne County, Pa.; issues. 9. Carrizo (Marcellus), LLC, Pad ID: Rescind Date: August 13, 2014. Tomkins, ABR–201303002, McNett 26. Hess Corporation, Pad ID: Galiardo, DATES: The meeting is scheduled for Township, Lycoming County, Pa.; ABR–201007056, Starrucca Thursday, November 13, 2014, starting Rescind Date: July 29, 2014. Borough, Wayne County, Pa.; at 9:00 a.m. Eastern Daylight Time. The 10. Carrizo (Marcellus), LLC, Pad ID: Rescind Date: August 13, 2014. public must make arrangements by Baumunk Lake South, ABR– 27. Hess Corporation, Pad ID: Kraft, November 3, 2014, to present oral 201303004, Fox Township, Sullivan ABR–201008131, Starrucca statements at the meeting. County, Pa.; Rescind Date: July 29, Borough, Wayne County, Pa.; ADDRESSES: 929 Long Bridge Drive, 2014. Rescind Date: August 13, 2014. Arlington, VA 22202. 11. Carrizo (Marcellus), LLC, Pad ID: 28. Hess Corporation, Pad ID: Steinberg FOR FURTHER INFORMATION CONTACT: Baumunk Lake North, ABR– 1H, ABR–201008132, Preston Ralen Gao, Office of Rulemaking, ARM–

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209, FAA, 800 Independence Avenue meeting or meeting documents, please www.regulations.gov, including any SW., Washington, DC 20591, Telephone contact the person listed in the FOR personal information you provide. (202) 267–3168, FAX (202) 267–5075, or FURTHER INFORMATION CONTACT section. Using the search function of our docket email at [email protected]. Sign and oral interpretation, as well as Web site, anyone can find and read the SUPPLEMENTARY INFORMATION: Pursuant a listening device, can be made comments received into any of our to Section 10(a)(2) of the Federal available if requested 10 calendar days dockets, including the name of the Advisory Committee Act (Pub. L. 92– before the meeting. individual sending the comment (or 463; 5 U.S.C. app. 2), notice is given of Issued in Washington, DC, on October 9, signing the comment for an association, an ARAC meeting to be held November 2014. business, labor union, etc.). You may 13, 2014. Lirio Liu, review DOT’s complete Privacy Act The agenda for the meeting is as Designated Federal Officer. Statement in the Federal Register follows: [FR Doc. 2014–24675 Filed 10–16–14; 8:45 am] published on April 11, 2000 (65 FR • Opening Remarks, Review Agenda BILLING CODE 4910–13–P 19477–78). and Minutes Docket: To read background • FAA Report documents or comments received, go to • ARAC Report DEPARTMENT OF TRANSPORTATION • Transport Canada Report http://www.regulations.gov at any time • EASA Report Federal Aviation Administration or to the Docket Management Facility in • Engine Harmonization Working Room W12–140 of the West Building [Summary Notice No. PE–2014–94] Group Report—Engine Endurance Ground Floor at 1200 New Jersey Testing Petition for Exemption; Summary of Avenue SE., Washington, DC, between 9 • Airworthiness Assurance Working Petition Received a.m. and 5 p.m., Monday through Group Report Friday, except Federal holidays. • Engine Harmonization Working AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Jake Group Report—Bird Ingestion Administration (FAA), DOT. Troutman, (202) 267–9521, 800 • Flight Test Harmonization Working ACTION: Notice of petition for exemption Independence Avenue SW., Group Report received. • Any Other Business Washington, DC 20951. • Action Items Review SUMMARY: This notice contains a This notice is published pursuant to Attendance is open to the public, but summary of a petition seeking relief 14 CFR 11.85. from specified requirements of 14 CFR. will be limited to the availability of Issued in Washington, DC, on October 8, meeting room space. Please confirm The purpose of this notice is to improve the public’s awareness of, and 2014. your attendance with the person listed Lirio Liu, in the FOR FURTHER INFORMATION participation in, this aspect of FAA’s Director, Office of Rulemaking. CONTACT section no later than November regulatory activities. Neither publication of this notice nor the inclusion or 3, 2014. Please provide the following Petition for Exemption information: Full legal name, country of omission of information in the summary citizenship, and name of your industry is intended to affect the legal status of Docket No.: FAA–2014–0763. the petition or its final disposition. association, or applicable affiliation. If Petitioner: Nixon Engineering you are attending as a public citizen, DATES: Comments on this petition must Solutions, LLC. please indicate so. identify the petition docket number and The FAA will arrange for must be received on or before November Section of 14 CFR: parts 21 Subpart H, teleconference service for individuals 6, 2014. 43.7, 43.11, 45.11, 45.21, 45.23, 45.25, wishing to join in by teleconference if ADDRESSES: You may send comments 45.27, 45.29, 47.3(b)(2), 47.31(c), 61.113, we receive notice by November 3, 2014. identified by Docket Number FAA– 91.7(a), 91.9(b)(2) and (c), 91.103(b)(2), For persons participating by telephone, 2014–0763 using any of the following 91.105, 91.109, 91.113(b), 91.115, please contact the person listed in FOR methods: 91.119(b) and (c), 91.121, 91.151, FURTHER INFORMATION CONTACT by email • Government-wide rulemaking Web 91.203(a) and (b), 91.215, 91.403, or phone for the teleconference call-in site: Go to http://www.regulations.gov 91.405(a) and (d), 91.407, 91.409, and number and passcode. Anyone calling and follow the instructions for sending 91.417. from outside the Arlington, VA, your comments electronically. Description of Relief Sought: The • metropolitan area will be responsible for Mail: Send comments to the Docket petitioner is seeking an exemption to paying long-distance charges. Management Facility; U.S. Department commercially operate their small The public must make arrangements of Transportation, 1200 New Jersey unmanned multirotor aircraft, based on by November 3, 2014, to present oral Avenue SE., West Building Ground the DJI S800, in order to collect statements at the meeting. Written Floor, Room W12–140, Washington, DC photogrammetric pictures, survey statements may be presented to the 20590. equipment to set ground control points, Subcommittee at any time by providing • Fax: Fax comments to the Docket and use specialized photogrammetry 25 copies to the person listed in the FOR Management Facility at 202–493–2251. software to process data for creating FURTHER INFORMATION CONTACT section • Hand Delivery: Bring comments to or by providing copies at the meeting. the Docket Management Facility in survey maps of open mines and Copies of the documents to be presented Room W12–140 of the West Building inspecting well pads. to the Subcommittee may be made Ground Floor at 1200 New Jersey [FR Doc. 2014–24667 Filed 10–16–14; 8:45 am] available by contacting the person listed Avenue SE., Washington, DC, between 9 BILLING CODE 4910–13–P in the FOR FURTHER INFORMATION a.m. and 5 p.m., Monday through CONTACT section. Friday, except Federal holidays. If you need assistance or require a Privacy: We will post all comments reasonable accommodation for the we receive, without change, to http://

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DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time ADDRESSES: You may send comments or to the Docket Management Facility in identified by Docket Number FAA– Federal Aviation Administration Room W12–140 of the West Building 2014–0762 using any of the following Ground Floor at 1200 New Jersey methods: [Summary Notice No. PE–2014–96] Avenue SE., Washington, DC, between 9 • Government-wide rulemaking Web Petition for Exemption; Summary of a.m. and 5 p.m., Monday through site: Go to http://www.regulations.gov Petition Received Friday, except Federal holidays. and follow the instructions for sending FOR FURTHER INFORMATION CONTACT: Jake your comments electronically. • AGENCY: Federal Aviation Troutman, (202) 267–9521, 800 Mail: Send comments to the Docket Administration (FAA), DOT. Independence Avenue SW., Management Facility; U.S. Department ACTION: Notice of petition for exemption Washington, DC, 20951. of Transportation, 1200 New Jersey received. This notice is published pursuant to Avenue SE., West Building Ground 14 CFR 11.85. Floor, Room W12–140, Washington, DC SUMMARY: This notice contains a 20590. summary of a petition seeking relief Issued in Washington, DC, on October 8, • Fax: Fax comments to the Docket 2014. from specified requirements of 14 CFR. Management Facility at 202–493–2251. The purpose of this notice is to improve Lirio Liu, • Hand Delivery: Bring comments to the public’s awareness of, and Director, Office of Rulemaking. the Docket Management Facility in participation in, this aspect of FAA’s Petition for Exemption Room W12–140 of the West Building regulatory activities. Neither publication Ground Floor at 1200 New Jersey of this notice nor the inclusion or Docket No.: FAA–2014–0781. Avenue SE., Washington, DC, between 9 omission of information in the summary Petitioner: Aviation Unmanned. a.m. and 5 p.m., Monday through is intended to affect the legal status of Section of 14 CFR: 61.3(a)(1), 61.13, Friday, except Federal holidays. the petition or its final disposition. 91.7, 91.113, 91.203(a), 91.205(b), Privacy: We will post all comments 91.207, 91.125, and 91.319. DATES: Comments on this petition must we receive, without change, to http:// Description of Relief Sought: The identify the petition docket number and www.regulations.gov, including any petitioner is seeking an exemption to must be received on or before November personal information you provide. commercially operate their Vanguard 6, 2014. Using the search function of our docket Defense Industries ShadowHawk and ADDRESSES: You may send comments Web site, anyone can find and read the MLB Company Super Bat unmanned comments received into any of our identified by Docket Number FAA– aircraft systems (UAS) to provide utility 2014–0781 using any of the following dockets, including the name of the companies with power line inspections individual sending the comment (or methods: including: right of way surveying; tower • signing the comment for an association, Government-wide rulemaking Web inspections for early detection or arcing; site: Go to http://www.regulations.gov business, labor union, etc.). You may and post-disaster aerial support, in the review DOT’s complete Privacy Act and follow the instructions for sending areas outside of Houston, Texas. your comments electronically. Statement in the Federal Register • Mail: Send comments to the Docket [FR Doc. 2014–24668 Filed 10–16–14; 8:45 am] published on April 11, 2000 (65 FR Management Facility; U.S. Department BILLING CODE 4910–13–P 19477–78). of Transportation, 1200 New Jersey Docket: To read background documents or comments received, go to Avenue SE., West Building Ground DEPARTMENT OF TRANSPORTATION Floor, Room W12–140, Washington, DC http://www.regulations.gov at any time or to the Docket Management Facility in 20590. Federal Aviation Administration • Fax: Fax comments to the Docket Room W12–140 of the West Building Management Facility at 202–493–2251. Ground Floor at 1200 New Jersey [Summary Notice No. PE–2014–93] • Hand Delivery: Bring comments to Avenue SE., Washington, DC, between 9 the Docket Management Facility in a.m. and 5 p.m., Monday through Petition for Exemption; Summary of Friday, except Federal holidays. Room W12–140 of the West Building Petition Received Ground Floor at 1200 New Jersey FOR FURTHER INFORMATION CONTACT: Jake Avenue SE., Washington, DC, between 9 AGENCY: Federal Aviation Troutman, (202) 267–9521, 800 a.m. and 5 p.m., Monday through Administration (FAA), DOT. Independence Avenue SW., Friday, except Federal holidays. ACTION: Notice of petition for exemption Washington, DC, 20951. Privacy: We will post all comments received. This notice is published pursuant to we receive, without change, to http:// 14 CFR 11.85. www.regulations.gov, including any SUMMARY: This notice contains a Issued in Washington, DC, on October 8, personal information you provide. summary of a petition seeking relief 2014. Using the search function of our docket from specified requirements of 14 CFR. Lirio Liu, Web site, anyone can find and read the The purpose of this notice is to improve Director, Office of Rulemaking. comments received into any of our the public’s awareness of, and dockets, including the name of the participation in, this aspect of FAA’s Petition for Exemption individual sending the comment (or regulatory activities. Neither publication Docket No.: FAA–2014–0762. signing the comment for an association, of this notice nor the inclusion or Petitioner: AeroVironment, Inc. business, labor union, etc.). You may omission of information in the summary Section of 14 CFR: 45.23(b), 61.113(a) review DOT’s complete Privacy Act is intended to affect the legal status of and (b), 61.133(a), 91.7(a) and (b), Statement in the Federal Register the petition or its final disposition. 91.109(a), 91.119, 91.151(a), 91.405(a), published on April 11, 2000 (65 FR DATES: Comments on this petition must 91.407(a)(1), 91.409(a)(2), and 91.417(a). 19477–78). identify the petition docket number and Description of Relief Sought: The Docket: To read background must be received on or November 6, petitioner is seeking an exemption to documents or comments received, go to 2014. commercially operate their Puma AE

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DDL unmanned aerial system for business, labor union, etc.). You may is intended to affect the legal status of agriculture, aerial survey photography, review DOT’s complete Privacy Act the petition or its final disposition. and patrolling. Statement in the Federal Register DATES: Comments on this petition must [FR Doc. 2014–24664 Filed 10–16–14; 8:45 am] published on April 11, 2000 (65 FR identify the petition docket number and BILLING CODE 4910–13–P 19477–78). must be received on or before November Docket: To read background 6, 2014. documents or comments received, go to ADDRESSES: You may send comments DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time identified by Docket Number FAA– or to the Docket Management Facility in 2014–0787 using any of the following Federal Aviation Administration Room W12–140 of the West Building methods: Ground Floor at 1200 New Jersey • [Summary Notice No. PE–2014–102] Government-wide rulemaking Web Avenue SE., Washington, DC, between 9 site: Go to http://www.regulations.gov Petition for Exemption; Summary of a.m. and 5 p.m., Monday through and follow the instructions for sending Petition Received Friday, except Federal holidays. your comments electronically. FOR FURTHER INFORMATION CONTACT: Nia • Mail: Send comments to the Docket AGENCY: Federal Aviation Daniels, (202) 267–7626, Office of Management Facility; U.S. Department Administration (FAA), DOT. Rulemaking, Federal Aviation of Transportation, 1200 New Jersey ACTION: Notice of petition for exemption Administration, 800 Independence Avenue SE., West Building Ground received. Avenue SW., Washington, DC 20591. Floor, Room W12–140, Washington, DC This notice is published pursuant to 20590. SUMMARY: This notice contains a 14 CFR 11.85. • Fax: Fax comments to the Docket summary of a petition seeking relief Management Facility at 202–493–2251. from specified requirements of 14 CFR. Issued in Washington, DC, on October 9, • 2014. Hand Delivery: Bring comments to The purpose of this notice is to improve the Docket Management Facility in Lirio Liu, the public’s awareness of, and Room W12–140 of the West Building participation in, this aspect of FAA’s Director, Office of Rulemaking. Ground Floor at 1200 New Jersey regulatory activities. Neither publication Petition for Exemption Avenue SE., Washington, DC, between 9 of this notice nor the inclusion or a.m. and 5 p.m., Monday through Docket No.: FAA–2014–0788. omission of information in the summary Friday, except Federal holidays. Petitioner: Delphi Automotive is intended to affect the legal status of Privacy: We will post all comments Systems, LLC. the petition or its final disposition. we receive, without change, to http:// Section of 14 CFR Affected: part 21, DATES: Comments on this petition must www.regulations.gov, including any 45.23(b), 61.113(a) and (b), 91.7(a), identify the petition docket number and personal information you provide. 91.9(b)(2), 91.103(b), 91.109, 91.119, must be received on or before November Using the search function of our docket 91.121, 91.151(a), 91.203(a) and (b), 6, 2014. Web site, anyone can find and read the 91.405(a), 91.407(a)(1), 91.409(a)(2), and comments received into any of our ADDRESSES: You may send comments 91.417(a) and (b). dockets, including the name of the identified by Docket Number FAA– Description of Relief Sought: Delphi individual sending the comment (or 2014–0788 using any of the following Automotive Systems, LLC’s exemption signing the comment for an association, methods: request would permit its operation of • business, labor union, etc.). You may Government-wide rulemaking Web lightweight, unmanned aircraft systems review DOT’s complete Privacy Act site: Go to http://www.regulations.gov (remotely controlled in line of sight) in Statement in the Federal Register and follow the instructions for sending tightly controlled and limited airspace. your comments electronically. published on April 11, 2000 (65 FR • Mail: Send comments to the Docket [FR Doc. 2014–24669 Filed 10–16–14; 8:45 am] 19477–78). Management Facility; U.S. Department BILLING CODE 4910–13–P Docket: To read background of Transportation, 1200 New Jersey documents or comments received, go to http://www.regulations.gov at any time Avenue SE., West Building Ground DEPARTMENT OF TRANSPORTATION Floor, Room W12–140, Washington, DC or to the Docket Management Facility in Room W12–140 of the West Building 20590. Federal Aviation Administration • Fax: Fax comments to the Docket Ground Floor at 1200 New Jersey Management Facility at 202–493–2251. [Summary Notice No. PE–2014–98] Avenue SE., Washington, DC, between 9 • Hand Delivery: Bring comments to a.m. and 5 p.m., Monday through Petition for Exemption; Summary of Friday, except Federal holidays. the Docket Management Facility in Petition Received Room W12–140 of the West Building FOR FURTHER INFORMATION CONTACT: Ground Floor at 1200 New Jersey AGENCY: Federal Aviation Keira Jones, (202) 267–9677, 800 Avenue SE., Washington, DC, between 9 Administration (FAA), DOT. Independence Avenue SW., Washington, DC 20951. a.m. and 5 p.m., Monday through ACTION: Notice of petition for exemption This notice is published pursuant to Friday, except Federal holidays. received. Privacy: We will post all comments 14 CFR 11.85. we receive, without change, to http:// SUMMARY: This notice contains a Issued in Washington, DC, on October 8, www.regulations.gov, including any summary of a petition seeking relief 2014. personal information you provide. from specified requirements of 14 CFR. Lirio Liu, Using the search function of our docket The purpose of this notice is to improve Director, Office of Rulemaking. Web site, anyone can find and read the the public’s awareness of, and comments received into any of our participation in, this aspect of FAA’s Petition for Exemption dockets, including the name of the regulatory activities. Neither publication Docket No.: FAA–2014–0787. individual sending the comment (or of this notice nor the inclusion or Petitioner: Blue-Chip Unmanned signing the comment for an association, omission of information in the summary Aerial Solutions, Inc.

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Section of 14 CFR: part 21, Subpart H, Avenue SE., Washington, DC, between 9 DEPARTMENT OF TRANSPORTATION §§ 45.23(b), 61.113(a) and (b), a.m. and 5 p.m., Monday through 61.133(a)(1), 91.7(a), 91.103, 91.109, Friday, except Federal holidays. Federal Aviation Administration 91.119, 91.121, 91.151(a), 91.405(a), Privacy: We will post all comments [Summary Notice No. PE–2014–97] 91.407(a)(1), 91.409(a)(2), 91.417(a) and we receive, without change, to http:// (b). www.regulations.gov, including any Petition for Exemption; Summary of Description of Relief Sought: The personal information you provide. Petition Received petitioner is seeking an exemption to operate a Sensurion Magpie unmanned Using the search function of our docket AGENCY: Federal Aviation aircraft to conduct commercial Web site, anyone can find and read the Administration (FAA), DOT. comments received into any of our unmanned aerial systems (UAS) ACTION: Notice of petition for exemption operations for the agriculture, oil and dockets, including the name of the received. gas, aerial photography and wildlife individual sending the comment (or preservation industries, within the signing the comment for an association, SUMMARY: This notice contains a United States National Airspace System, business, labor union, etc.). You may summary of a petition seeking relief Class G and occasionally E airspace. review DOT’s complete Privacy Act from specified requirements of 14 CFR. [FR Doc. 2014–24671 Filed 10–16–14; 8:45 am] Statement in the Federal Register The purpose of this notice is to improve the public’s awareness of, and BILLING CODE 4910–13–P published on April 11, 2000 (65 FR 19477–78). participation in, this aspect of FAA’s regulatory activities. Neither publication Docket: To read background of this notice nor the inclusion or DEPARTMENT OF TRANSPORTATION documents or comments received, go to omission of information in the summary http://www.regulations.gov at any time Federal Aviation Administration is intended to affect the legal status of or to the Docket Management Facility in the petition or its final disposition. [Summary Notice No. PE–2014–108] Room W12–140 of the West Building DATES: Comments on this petition must Ground Floor at 1200 New Jersey identify the petition docket number and Petition for Exemption; Summary of Avenue SE., Washington, DC, between 9 Petition Received must be received on or before November a.m. and 5 p.m., Monday through 6, 2014. Friday, except Federal holidays. AGENCY: Federal Aviation ADDRESSES: You may send comments Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: Nia identified by Docket Number FAA– ACTION: Notice of petition for exemption Daniels (202) 267–7626, Office of 2014–0786 using any of the following received. Rulemaking, Federal Aviation methods: Administration, 800 Independence • Government-wide rulemaking Web SUMMARY: This notice contains a Avenue SW., Washington, DC 20591. site: Go to http://www.regulations.gov summary of a petition seeking relief and follow the instructions for sending from specified requirements of 14 CFR. This notice is published pursuant to 14 CFR 11.85. your comments electronically. The purpose of this notice is to improve • Mail: Send comments to the Docket the public’s awareness of, and Issued in Washington, DC, on October 10, Management Facility; U.S. Department participation in, this aspect of FAA’s 2014. of Transportation, 1200 New Jersey regulatory activities. Neither publication Lirio Liu, Avenue SE., West Building Ground of this notice nor the inclusion or Director, Office of Rulemaking. Floor, Room W12–140, Washington, DC omission of information in the summary 20590. is intended to affect the legal status of Petition for Exemption • Fax: Fax comments to the Docket the petition or its final disposition. Management Facility at 202–493–2251. Docket No.: FAA–2014–0799. DATES: Comments on this petition must • Hand Delivery: Bring comments to identify the petition docket number and Petitioner: Steve Rhode. the Docket Management Facility in must be received on or before November Section of 14 CFR Affected: part 21, Room W12–140 of the West Building 6, 2014. Subpart H, 45.23(b), 45.27(a), 61.113(a) Ground Floor at 1200 New Jersey ADDRESSES: You may send comments and (b), 61.133(a), 91.7(a), 91.9(b)(2), Avenue SE., Washington, DC, between 9 identified by Docket Number FAA– 91.103, 91.109(a), 91.119, 91.121, a.m. and 5 p.m., Monday through 2014–0799 using any of the following 91.151(a), 91.203(a) and (b), Friday, except Federal holidays. methods: 91.319(a)(1), 91.405(a), 91.407(a)(1), Privacy: We will post all comments • Government-wide rulemaking Web 91.409(a)(2), 91.417(a) and (b). we receive, without change, to http:// site: Go to http://www.regulations.gov www.regulations.gov, including any and follow the instructions for sending Description of Relief Sought: The personal information you provide. your comments electronically. petitioner is seeking an exemption to Using the search function of our docket • Mail: Send comments to the Docket operate unmanned aircraft systems with Web site, anyone can find and read the Management Facility; U.S. Department a maximum weight of less than 55 comments received into any of our of Transportation, 1200 New Jersey pounds to perform public safety dockets, including the name of the Avenue SE., West Building Ground operations with fire departments, individual sending the comment (or Floor, Room W12–140, Washington, DC ambulance services, emergency medical signing the comment for an association, 20590. service operations, and search and business, labor union, etc.). You may • Fax: Fax comments to the Docket rescue agencies in order to provide real- review DOT’s complete Privacy Act Management Facility at 202–493–2251. time operational assistance in Statement in the Federal Register • Hand Delivery: Bring comments to emergency operations. published on April 11, 2000 (65 FR the Docket Management Facility in [FR Doc. 2014–24670 Filed 10–16–14; 8:45 am] 19477–78). Room W12–140 of the West Building Docket: To read background BILLING CODE 4910–13–P Ground Floor at 1200 New Jersey documents or comments received, go to

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http://www.regulations.gov at any time • Government-wide rulemaking Web requirements set forth in part 121, or to the Docket Management Facility in site: Go to http://www.regulations.gov subpart U. Room W12–140 of the West Building and follow the instructions for sending [FR Doc. 2014–24665 Filed 10–16–14; 8:45 am] Ground Floor at 1200 New Jersey your comments electronically. BILLING CODE 4910–13–P Avenue SE., Washington, DC, between 9 • Mail: Send comments to the Docket a.m. and 5 p.m., Monday through Management Facility; U.S. Department Friday, except Federal holidays. of Transportation, 1200 New Jersey DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Nia Avenue SE., West Building Ground Daniels (202) 267–7626, Office of Floor, Room W12–140, Washington, DC Federal Aviation Administration Rulemaking, Federal Aviation 20590. [Summary Notice No. PE–2014–95] Administration, 800 Independence • Fax: Fax comments to the Docket Avenue SW., Washington, DC 20591. Management Facility at 202–493–2251. Petition for Exemption; Summary of This notice is published pursuant to • Hand Delivery: Bring comments to Petition Received 14 CFR 11.85. the Docket Management Facility in Issued in Washington, DC, on October 8, Room W12–140 of the West Building AGENCY: Federal Aviation 2014. Ground Floor at 1200 New Jersey Administration (FAA), DOT. Lirio Liu, Avenue SE., Washington, DC, between 9 ACTION: Notice of petition for exemption Director, Office of Rulemaking. a.m. and 5 p.m., Monday through received. Friday, except Federal holidays. Petition for Exemption SUMMARY: This notice contains a Privacy: We will post all comments summary of a petition seeking relief Docket No.: FAA–2014–0786. we receive, without change, to http:// from specified requirements of 14 CFR. Petitioner: Alan Purwin. www.regulations.gov, including any The purpose of this notice is to improve Section of 14 CFR Affected: 61.113(a) personal information you provide. the public’s awareness of, and and (b), 91.103, 91.119, 91.121, Using the search function of our docket participation in, this aspect of FAA’s 91.151(a), 91.405(a), 91.407(a)(1), Web site, anyone can find and read the regulatory activities. Neither publication 91.409(a)(2), and 91.417(a) and (b). comments received into any of our Description of Relief Sought: Alan D. of this notice nor the inclusion or dockets, including the name of the Purwin, an operator of unmanned omission of information in the summary individual sending the comment (or aircraft systems (UASs) for aerial is intended to affect the legal status of signing the comment for an association, photography for the motion picture and the petition or its final disposition. business, labor union, etc.). You may television, hereby applies for an review DOT’s complete Privacy Act DATES: Comments on this petition must exemption to allow commercial identify the petition docket number and operation of his UASs. Statement in the Federal Register published on April 11, 2000 (65 FR must be received on or before November [FR Doc. 2014–24673 Filed 10–16–14; 8:45 am] 19477–78). 6, 2014. BILLING CODE 4910–13–P Docket: To read background ADDRESSES: You may send comments documents or comments received, go to identified by Docket Number FAA– 2014–0765 using any of the following DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time or to the Docket Management Facility in methods: • Federal Aviation Administration Room W12–140 of the West Building Government-wide rulemaking Web Ground Floor at 1200 New Jersey site: Go to http://www.regulations.gov [Summary Notice No. PE–2014–55] Avenue SE., Washington, DC, between 9 and follow the instructions for sending a.m. and 5 p.m., Monday through your comments electronically. Petition for Exemption; Summary of • Mail: Send comments to the Docket Petition Received Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Nia Management Facility; U.S. Department AGENCY: Federal Aviation Daniels, (202) 267–7626. 800 of Transportation, 1200 New Jersey Administration (FAA), DOT. Independence Avenue SW., Avenue SE., West Building Ground ACTION: Notice of petition for exemption Washington, DC 20591. Floor, Room W12–140, Washington, DC 20590. received. This notice is published pursuant to • Fax: Fax comments to the Docket 14 CFR 11.85. SUMMARY: This notice contains a Management Facility at 202–493–2251. summary of a petition seeking relief Issued in Washington, DC, on October 8, • Hand Delivery: Bring comments to from specified requirements of 14 CFR. 2014. the Docket Management Facility in The purpose of this notice is to improve Lirio Liu, Room W12–140 of the West Building the public’s awareness of, and Director, Office of Rulemaking. Ground Floor at 1200 New Jersey participation in, this aspect of FAA’s Petition for Exemption Avenue SE., Washington, DC, between 9 regulatory activities. Neither publication a.m. and 5 p.m., Monday through of this notice nor the inclusion or Docket No.: FAA–2014–0558. Friday, except Federal holidays. omission of information in the summary Petitioner: Great Lakes Aviation, Ltd. Privacy: We will post all comments is intended to affect the legal status of Section of 14 CFR Affected: 135.223. we receive, without change, to http:// the petition or its final disposition. Description of Relief Sought: Great www.regulations.gov, including any DATES: Comments on this petition must Lakes Aviation, Ltd. holder of operating personal information you provide. identify the petition docket number and certificate of GLBA031A, petitions the Using the search function of our docket must be received on or before November use of § 121.619 alternative weather Web site, anyone can find and read the 6, 2014. requirements in lieu of the requirements comments received into any of our ADDRESSES: You may send comments of § 135.223 for all flights conducted dockets, including the name of the identified by Docket Number FAA– under part 135, under the basis that the individual sending the comment (or 2014–0558 using any of the following carrier currently dispatches all part 121 signing the comment for an association, methods: and 135 flights in accordance with the business, labor union, etc.). You may

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review DOT’s complete Privacy Act DATES: Comments on this petition must 91.103, 91.109, 91.119, 91.121, Statement in the Federal Register identify the petition docket number and 91.151(a), 91.203(a) and (b), and part 91, published on April 11, 2000 (65 FR must be received on or before November Subpart E. 19477–78). 6, 2014. Description of Relief Sought: Pravia, Docket: To read background ADDRESSES: You may send comments LLC seeks expedited approval and documents or comments received, go to identified by Docket Number FAA– exemption to operate the E384 http://www.regulations.gov at any time 2014–0790 using any of the following unmanned aircraft system for the or to the Docket Management Facility in methods: purpose of providing high resolution Room W12–140 of the West Building • Government-wide rulemaking Web aerial imagery to Syngenta AG, a Ground Floor at 1200 New Jersey site: Go to http://www.regulations.gov biotechnology and genomic research Avenue SE., Washington, DC, between 9 and follow the instructions for sending agricultural company. a.m. and 5 p.m., Monday through your comments electronically. [FR Doc. 2014–24674 Filed 10–16–14; 8:45 am] • Friday, except Federal holidays. Mail: Send comments to the Docket BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: Jake Management Facility; U.S. Department Troutman, (202) 267–9521, 800 of Transportation, 1200 New Jersey Independence Avenue SW., Avenue SE., West Building Ground DEPARTMENT OF TRANSPORTATION Washington, DC, 20951. Floor, Room W12–140, Washington, DC This notice is published pursuant to 20590. Federal Railroad Administration • 14 CFR 11.85. Fax: Fax comments to the Docket [Docket No. FRA–2014–0011–N–19] Issued in Washington, DC, on October 8, Management Facility at 202–493–2251. 2014. • Hand Delivery: Bring comments to Proposed Agency Information Lirio Liu, the Docket Management Facility in Collection Activities; Comment Director, Office of Rulemaking. Room W12–140 of the West Building Request Ground Floor at 1200 New Jersey Petition for Exemption Avenue SE., Washington, DC, between 9 AGENCY: Federal Railroad Docket No.: FAA–2014–0765. a.m. and 5 p.m., Monday through Administration (FRA), DOT. Petitioner: Upward Aerial. Friday, except Federal holidays. ACTION: Notice. Section of 14 CFR: parts 21 Subpart H, Privacy: We will post all comments 45.23(b), 61.113(a) and (b), 91.7(a), we receive, without change, to http:// SUMMARY: In accordance with the 91.9(b)(2), 91.103, 91.109, 91.119, www.regulations.gov, including any Paperwork Reduction Act of 1995 and 91.121, 91.151(a), 91.203(a) and (b), personal information you provide. its implementing regulations, the 91.405(a), 91.407(a)(1), 91.409(a)(2), and Using the search function of our docket Federal Railroad Administration (FRA) 91.417(a) and (b). Web site, anyone can find and read the hereby announces that it is seeking Description of Relief Sought: The comments received into any of our renewal of the following currently petitioner is seeking an exemption to dockets, including the name of the approved information collection commercially operate their small individual sending the comment (or activities. Before submitting the unmanned aircraft systems (sUAS), signing the comment for an association, information collection requests (ICRs) equipped to conduct aerial videography business, labor union, etc.). You may below for clearance by the Office of and photography, for closed set filming review DOT’s complete Privacy Act Management and Budget (OMB), FRA is in the motion picture, television, and Statement in the Federal Register soliciting public comment on specific commercial videography industries. published on April 11, 2000 (65 FR aspects of the activities identified below. [FR Doc. 2014–24672 Filed 10–16–14; 8:45 am] 19477–78). BILLING CODE 4910–13–P Docket: To read background DATES: Comments must be received no documents or comments received, go to later than December 16, 2014. http://www.regulations.gov at any time ADDRESSES: Submit written comments DEPARTMENT OF TRANSPORTATION or to the Docket Management Facility in on any or all of the following proposed Room W12–140 of the West Building activities by mail to either: Mr. Robert Federal Aviation Administration Ground Floor at 1200 New Jersey Brogan, Office of Safety, Planning and [Summary Notice No. PE–2014–100] Avenue SE., Washington, DC, between 9 Evaluation Division, RRS–21, Federal a.m. and 5 p.m., Monday through Railroad Administration, 1200 New Petition for Exemption; Summary of Friday, except Federal holidays. Jersey Ave. SE., Mail Stop 25, Petition Received FOR FURTHER INFORMATION CONTACT: Nia Washington, DC 20590, or Ms. Kimberly AGENCY: Federal Aviation Daniels (202) 267–7626, Office of Toone, Office of Information Administration (FAA), DOT. Rulemaking, Federal Aviation Technology, RAD–20, Federal Railroad Administration, 800 Independence ACTION: Notice of petition for exemption Administration, 1200 New Jersey Ave. Avenue SW., Washington, DC 20591. received. SE., Mail Stop 35, Washington, DC This notice is published pursuant to 20590. Commenters requesting FRA to SUMMARY: This notice contains a 14 CFR 11.85. acknowledge receipt of their respective summary of a petition seeking relief Issued in Washington, DC, on October 8, comments must include a self-addressed from specified requirements of 14 CFR. 2014. stamped postcard stating, ‘‘Comments The purpose of this notice is to improve Lirio Liu, on OMB control number 2130–__.’’ the public’s awareness of, and Director, Office of Rulemaking. Alternatively, comments may be participation in, this aspect of FAA’s transmitted via facsimile to (202) 493– regulatory activities. Neither publication Petition for Exemption 6216 or (202) 493–6479, or via email to of this notice nor the inclusion or Docket No.: FAA–2014–0790. Mr. Brogan at [email protected], or omission of information in the summary Petitioner: Pravia, LLC. to Ms. Toone at Kimberly.Toone@ is intended to affect the legal status of Section of 14 CFR Affected: part 21, dot.gov. Please refer to the assigned the petition or its final disposition. Subpart H, 45.23(b), 91.7(a), 91.9(b), OMB control number in any

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correspondence submitted. FRA will determine the estimates; (iii) ways for Transportation to conduct a review of summarize comments received in FRA to enhance the quality, utility, and the Department’s rules with respect to response to this notice in a subsequent clarity of the information being railroad power brakes and, where notice and include them in its collected; and (iv) ways for FRA to applicable, prescribe standards information collection submission to minimize the burden of information regarding dynamic brake equipment. In OMB for approval. collection activities on the public by keeping with the Secretary’s mandate FOR FURTHER INFORMATION CONTACT: Mr. automated, electronic, mechanical, or and the authority delegated from him to Robert Brogan, Office of Planning and other technological collection the FRA Administrator, FRA issued Evaluation Division, RRS–21, Federal techniques or other forms of information revisions to the regulations governing Railroad Administration, 1200 New technology (e.g., permitting electronic freight power brakes and equipment in Jersey Ave. SE., Mail Stop 17, submission of responses). See 44 U.S.C. October 2008 by adding a new subpart Washington, DC 20590 (telephone: (202) 3506(c)(2)(A)(i)–(iv); 5 CFR addressing electronically controlled 493–6292) or Ms. Kimberly Toone, 1320.8(d)(1)(i)–(iv). FRA believes that pneumatic (ECP) brake systems. The Office of Information Technology, RAD– soliciting public comment will promote revisions are designed to provide for 20, Federal Railroad Administration, its efforts to reduce the administrative and encourage the safe implementation 1200 New Jersey Ave. SE., Mail Stop 35, and paperwork burdens associated with and use of ECT brake system Washington, DC 20590 (telephone: (202) the collection of information mandated technologies. These revisions contain 493–6132). (These telephone numbers by Federal regulations. In summary, specific requirements relating to design, are not toll-free.) FRA reasons that comments received interoperability, training, inspection, SUPPLEMENTARY INFORMATION: The will advance three objectives: (i) Reduce testing, handling defective equipment Paperwork Reduction Act of 1995 reporting burdens; (ii) ensure that it and periodic maintenance related to (PRA), Public Law 104–13, sec. 2, 109 organizes information collection ECP brake systems. The final rule also Stat. 163 (1995) (codified as revised at requirements in a ‘‘user friendly’’ format identifies provisions of the existing 44 U.S.C. 3501–3520), and its to improve the use of such information; regulations and statutes where FRA is implementing regulations, 5 CFR part and (iii) accurately assess the resources proposing to provide flexibility to 1320, require Federal agencies to expended to retrieve and produce facilitate the voluntary adoption of this provide 60-days notice to the public for information requested. See 44 U.S.C. advanced brake system technology. The comment on information collection 3501. collection of information is used by FRA activities before seeking approval for Below is a brief summary of currently to monitor and enforce current reinstatement or renewal by OMB. 44 approved information collection regulatory requirements related to U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), activities that FRA will submit for power brakes on freight cars as well as 1320.10(e)(1), 1320.12(a). Specifically, clearance by OMB as required under the the recently added requirements related FRA invites interested respondents to PRA: to ECP brake systems. The collection of comment on the following summary of Title: Inspection Brake System Safety information is also used by locomotive proposed information collection Standards for Freight and Other Non- engineers and road crews to verify that activities regarding (i) whether the Passenger Trains and Equipment (Power the terminal air brake test has been information collection activities are Brakes and Drawbars). performed in a satisfactory manner. necessary for FRA to properly execute OMB Control Number: 2130–0008. Form Number(s): None. its functions, including whether the Abstract: Section 7 of the Rail Safety Affected Public: Businesses. activities will have practical utility; (ii) Enforcement and Review Act of 1992, Respondent Universe: 559 railroads. the accuracy of FRA’s estimates of the Public Law 102–365, amended Section Frequency of Submission: On burden of the information collection 202 of the Federal Railroad Safety Act occasion. activities, including the validity of the of 1970 (45 U.S.C. 421, 431 et seq.), Affected Public: Businesses. methodology and assumptions used to empowered the Secretary of Reporting Burden:

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

229.27—Annual Tests ...... 30,000 Locomotives ...... 30,000 tests ...... 15 minutes ...... 7,500 232.3—Applicability—Cars Not Used in Service .. 559 Railroads ...... 8 cards ...... 10 minutes ...... 1 232.7—Waivers ...... 559 railroads ...... 25 petitions ...... 80 hours ...... 2,000 232.11—Penalties ...... 559 railroads ...... 1 false record ...... 10 minutes ...... 17 232.15—Movement of Defective Equipment ...... 1,620,000 cars/locos ..... 128,400 tags ...... 2.5 minutes ...... 5,350 —Notice of Defective Car/Locomotive and 1,620,000 cars/locos ..... 25,000 notices ...... 3 minutes ...... 1,250 Restrictions. 232.17—Special Approval Procedure ...... 559 railroads ...... 4 petitions ...... 100 hours ...... 400 —Petitions—Pre-Revenue Svc Plans ...... 559 railroads ...... 2 petitions ...... 100 hours ...... 200 —Copies of Petitions—Special Approval ...... 559 railroads ...... 4 petitions ...... 20 hours ...... 80 —Statements of Interest ...... Public/Railroads ...... 14 statements ...... 8 hours ...... 112 —Comments on Special Approval Procedure Public/Railroads ...... 13 comments ...... 4 hours ...... 52 Petition. 232.103—General Requirements for All Train 114,000 cars ...... 70,000 stickers ...... 10 minutes ...... 11,667 Brakes. 232.105—General Requirements For Loco- 30,000 locomotives ...... 30,000 forms ...... 5 minutes ...... 2,500 motives. 232.107—Air Source Requirements—Plans ...... 10 new railroads ...... 1 plan ...... 40 hours ...... 40 —Amendments to Plan ...... 50 Existing Plans ...... 10 amendment ...... 20 hours ...... 200 —Record Keeping ...... 50 Existing Plans ...... 1,150 records ...... 20 hours ...... 23,000 232.109—Dynamic Br. Requirements—Rcd ...... 559 railroads ...... 1,656,000 rcd ...... 4 minutes ...... 110,400

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

—Repair of Inoperative Dynamic Brakes ...... 30,000 locomotives ...... 6,358 records ...... 4 minutes ...... 424 —Locomotives w/Inoperative Dynamic Br ..... 30,000 locomotives ...... 6,358 tags ...... 30 seconds ...... 53 —Deactivated Dynamic Brakes: Markings .... 8,000 locomotives ...... 10 markings ...... 5 minutes ...... 1 —Rule Safe Train Handling Procedures ...... 5 new railroads ...... 5 oper. rules ...... 4 hours ...... 20 —Amendments ...... 559 railroads ...... 15 amendment ...... 1 hour ...... 15 —Over Speed Top Rules—5 MPH Increase 559 railroads ...... 5 requests ...... 20.5 hours ...... 103 —Locomotive Engineer Certification Pro- 5 new railroads ...... 5 amendments ...... 16 hours ...... 80 grams—Dynamic Brakes Training. 232.111—Train Information Handling ...... 5 new railroads ...... 5 procedures ...... 40 hours ...... 200 —Amendments ...... 100 railroads ...... 100 am. proc...... 20 hours ...... 2,000 —Reports to Train Crews ...... 559 railroads ...... 2,112,000 rpts ...... 10 minutes ...... 352,000 232.203—Training Requirements: Training Pro- 15 railroads ...... 5 programs ...... 100 hours ...... 500 grams—Subsequent Years. —Amendments to Written Program ...... 559 railroads ...... 559 am. prog...... 8 hours ...... 4,472 —Training Records ...... 559 railroads ...... 67,000 records ...... 8 minutes ...... 8,933 —Training Notifications ...... 559 railroads ...... 67,000 notices ...... 3 minutes ...... 3,350 —Validation/Assessment Plans ...... 559 railroads ...... 1 plan + 559 copies ...... 40 hrs./1 min...... 49 —Amendments to Validation/Assessment 559 railroads ...... 50 amendment ...... 20 hours ...... 1,000 Plans. 232.205—Class I Brake Test—Initial Terminal 559 railroads ...... 1,646,000 notices ...... 45 seconds ...... 20,575 Insp. 232.207—Class I A Brake Tests: 1000 Mile Insp. —Subsequent Years ...... 559 railroads ...... 5 designations ...... 1 hour ...... 5 —Amendments ...... 559 railroads ...... 5 amendments ...... 1 hour ...... 5 232.209—Class II Brake Tests—Intermediate 559 railroads ...... 1,597,000 comments .... 3 seconds ...... 1,331 Insp. 232.213—Extended Haul Trains—Designations .. 84,000 train movements 200 designates ...... 15 minutes ...... 50 232.303—General Requirements—Track Brake 1,600,000 freight cars ... 5,600 tags ...... 5 minutes ...... 467 Test. —Location of Last Track Brake Test/Single 1,600,000 freight cars ... 320,000 stencillings ...... 5 minutes ...... 26,667 Car Test. 232.305—Single Car Tests ...... 1,600,000 freight cars ... 320,000 tests/rcds ...... 45 minutes ...... 240,000 232.307—Request to Modify Single Car Air AAR ...... 1 request + 3 copies ..... 20 hours + 5 minutes .... 20 Brake Test Procedures. —Statement Affirming That Request Copies AAR ...... 1 statement + 4 copies 30 minutes + 5 minutes 1 Have been Served on Designated Em- ployee Representatives. —Comment on Modification Request ...... RR Industry/Public/Inter- 2 comments ...... 8 ...... 16 ested Parties. 232.309—Equipment and Devices—Tests/Cali- 640 shops ...... 5,000 tests ...... 30 minutes ...... 2,500 brations. 232.403—Design Standards For One-way EOT 245 railroads ...... 12 requests ...... 5 minutes ...... 1 Devices—Unique Code. 232.407—Operations Requiring 2-Way EOTs ...... 245 railroads ...... 50,000 communications 30 seconds ...... 417 232.409—Inspection and Testing of 2-Way EOTs 245 railroads ...... 447,500 communica- 30 seconds ...... 3,729 tions. —Testing Telemetry Equipment ...... 245 railroads ...... 32,708 markings ...... 60 seconds ...... 545 232.503—Process to Introduce New Brake Sys- 559 railroads ...... 1 request/letter ...... 60 minutes ...... 1 tem Technology—Special Approval. —Pre-Revenue Service Demonstration ...... 559 railroads ...... 1 request ...... 3 hours ...... 3 232.505—Pre-Revenue Service Acceptance 559 railroads ...... 1 procedure ...... 160 hours ...... 160 Testing Plan: Maintenance Procedure—Subse- quent Years. —Amendments ...... 559 railroads ...... 1 amendment ...... 40 hours ...... 40 —Design Descriptions—Petitions ...... 559 railroads ...... 1 petition ...... 67 hours ...... 67 —Results Pre-Revenue Service Acceptance 559 railroads ...... 1 report ...... 13 hours ...... 13 Testing. —Description of Brake Systems Tech- 559 railroads ...... 5 descriptions ...... 40 hours ...... 200 nologies Previously Used in Revenue Service. 232.603—ECP Requirements: Brakes—Configu- 4 railroads ...... 1 plan ...... 160 hours ...... 160 ration Management Plans. —Updated Plans in Subsequent Years ...... 4 railroads ...... 1 plan ...... 60 hours ...... 60 —Modification of Standards—Requests ...... 4 railroads ...... 1 request + 4 copies ..... 8 hours + 5 minutes ...... 8 —RR Statement Affirming Copy of Modifica- 4 railroads ...... 4 statements + 24 cop- 60 minutes + 5 minutes 6 tion Request to Employee Reps. ies. —Comments on Modification Request ...... Public/Interested Parties 4 comments ...... 2 hours ...... 8 232.605—ECP Training Programs ...... 4 railroads ...... 4 programs ...... 100 hours ...... 400 —Programs in Subsequent Years ...... 4 railroads ...... 2 programs ...... 100 hours ...... 200 —ECP Trained Employees ...... 4 railroads ...... 6,409 workers ...... 8 hrs./24 hrs...... 10,512 —ECP Trained Employees—Subsequent Yr 4 railroads ...... 6,409 workers ...... 1 hr./8 hrs...... 30,264

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

—ECP Trained Employees—Records ...... 4 railroads ...... 6,409 records ...... 4 minutes ...... 855 —ECP Trained Employees—Sub. Records .. 4 railroads ...... 6,409 records ...... 4 minutes ...... 428 —RR/Contractor Assessment of ECP Train- 4 railroads ...... 4 amended Plans ...... 40 hours ...... 160 ing Programs—Amended Plans. —ECP Amended Operating Rules ...... 4 railroads ...... 4 am. rules ...... 24 hours ...... 96 —Amended Locomotive Engineer Certifi- 4 railroads ...... 4 programs ...... 40 hours ...... 160 cation Programs. 232.607—ECP Trains Inspection/Testing:—Notifi- 4 railroads ...... 10,000 tests + 10,000 90 minutes + 45 sec- 15,125 cation to Locomotive Engineer. notices. onds. —Cars Added en Route—Tests/Notifications 4 railroads ...... 1,000 tests + 1,000 no- 60 minutes + 45 sec- 1,006 tices. onds. —Non-ECP Cars Added—Inspections and 2000 Cars ...... 200 insp. + 400 tags ..... 5 minutes + 2.5 minutes 34 Tagging of Defective Equipment. 232.609—Handling of Defective Equipment w/ 25 Cars ...... 50 tags ...... 2.5 minutes ...... 2 ECP Brake Systems—Tagging. —Train in ECP Mode w/Less Than 85% of 20 Cars ...... 20 insp. + 40 tags ...... 5 minutes + 2.5 minutes 3 Cars w/Operative Brakes—Insp. + Tagging. —Freight Cars w/ECP Systems Found with 75 cars ...... 150 tags ...... 2.5 minutes ...... 6 Defective Non-Safety Appliance—Tagging. —Conventional Train Operating with ECP 500 cars ...... 1,000 tags ...... 2.5 minutes ...... 42 Stand Alone Brake Systems—Tagging. —Procedures for Handling ECP Brake Sys- 4 railroads ...... 4 procedures ...... 24 hours ...... 96 tem Repairs. —Submission to FRA of ECP Brake System 4 railroads ...... 4 lists ...... 8 hours ...... 32 Repair Locations—Lists. —Notice to FRA of Change in List ...... 4 railroads ...... 1 notification ...... 60 minutes ...... 1 232.611—Periodic Maintenance Inspection and 500 freight Cars ...... 500 inspection and 10 minutes ...... 83 Repair of ECP Cars Before Release from Re- records. pair Shop or Track. —Petitions for Special Approval of Pre-Rev- AAR ...... 1 petition + 2 copies ..... 24 + 5 minutes ...... 24 enue Service Acceptance Testing Plan. —Single Car Brake Test on ECP Retrofitted 2,500 freight Cars ...... 2,500 tests/records ...... 45 minutes ...... 1,875 Cars. —Modification of Single Car Test Standard .. AAR ...... 1 procedure ...... 40 hours ...... 40

Total Estimated Annual Responses: Abstract: The collection of damaging and potentially dangerous 8,677,683. information is used by FRA to ensure effects of excessive noise in the Total Estimated Annual Burden: that railroads covered by this rule everyday rail environment. 991,451 hours. establish and implement—by specified Affected Public: Businesses. Status: Extension without Change of a dates—noise monitoring, hearing Respondent Universe: 460 railroads. Currently Approved Collection. conservation, and audiometric testing Title: Occupational Noise Exposure programs, as well as hearing Frequency of Submission: On for Railroad Operating Employees. conservation training programs, to occasion. OMB Control Number: 2130–0571. protect their employees against the Reporting Burden:

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

227.9—Waivers ...... 460 Railroads ...... 5 petitions ...... 60 minutes ...... 5 227.103—Noise Monitoring Program ...... 460 Railroads ...... 460 programs ...... 3 hours/30 hours/600 5,128 hours. —Notification of Employee of Monitoring ...... 460 Railroads ...... 905 lists ...... 30 minutes ...... 453 227.107—Hearing Conservation Program (HCP) 460 railroads ...... 461 HCPs ...... 150 hrs/2 hrs/31 hrs/7.5 2,875 hours. —Revised Hearing Conservation Programs 460 railroads ...... 5 HCPs ...... 1.74 hours ...... 9 (HCPs). 227.109—Audiometric Testing Program—Existing 85,600 Employees ...... 7,100 a-grams ...... 25 minutes ...... 2,958 Employees—Baseline Audiograms. —Periodic Audiograms ...... 85,600 Employees ...... 8,000 a-grams ...... 10 minutes ...... 1,333 —Evaluation of Audiograms ...... 85,600 Employees ...... 2,330 eval. + 93 retests 6 min./2.5 hrs...... 280 —Problem Audiograms/& required docu- 8,000 Employees ...... 45 documents ...... 10 minutes ...... 8 ments to Medical Professional. —Follow-up Procedures—Notifications ...... 8,000 Employees ...... 93 notices ...... 15 minutes ...... 8 —Fitting/Training of Employees: Hearing 240 Employees ...... 240 tr. session ...... 2 minutes ...... 8 Protectors. —Referrals For Clinical/Otological Exam ...... 240 Employees ...... 20 referrals ...... 2 hours ...... 40

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

—Notification to Employee of Need: 240 Employees ...... 20 notices ...... 5 minutes ...... 2 Otological Examination. —New Audiometric Interpretation ...... 240 Employees ...... 20 notices ...... 5 minutes ...... 2 227.111—Audiometric Test Requirements ...... 1,000 Mobile Vans ...... 1,000 tests ...... 45 minutes ...... 750 227.117—Hearing Protection Attenuation—Eval- 460 Railroads ...... 50 evaluations ...... 30 minutes ...... 25 uation. —Re-Evaluations ...... 460 Railroads ...... 10 re-evals ...... 30 minutes ...... 5 227.119—Hearing Conservation Training Pro- 460 Railroads/AAR ...... 441 programs ...... 1 hour/58 hrs/30 min- 353 gram—Development. utes. —Employee Training ...... 460 Railroads ...... 26,000 tr. Employees .... 30 minutes ...... 13,000 —Periodic Training ...... 460 Railroads ...... 7,100 tr. Employees ...... 30 minutes ...... 3,550 227.121—Record Keeping—Authorization: 460 Railroads ...... 30 requests + 30 re- 10 minutes + 15 min- 13 Records. sponses. utes. —Request for Copies of Reports ...... 460 Railroads ...... 150 requests + 150 re- 21 minutes + 45 min- 166 sponses. utes. —Records Transfer When Carrier Becomes 460 Railroads ...... 10 records ...... 24 minutes ...... 4 Defunct. —Railroad Audiometric Test Records ...... 460 Railroads ...... 26,000 records ...... 2 minutes ...... 867 —Hearing Conservation Program (HCP) 460 Railroads ...... 54,000 records ...... 45 seconds ...... 675 Records. 229.121—Locomotive Cab Noise—Tests/Certifi- 3 Equipment Manufac- 700 tests/records ...... 40 minutes + 5 minutes 111 cation. turers. —Equipment Maintenance: Excessive Noise 460 Railroads ...... 3,000 reports + 3,000 1 minute + 1 minute ...... 100 Reports. record. —Maintenance Records ...... 460 Railroads ...... 3,750 records ...... 1 minute ...... 63 —Internal Auditable Monitoring Systems ...... 460 Railroads ...... 460 systems ...... 36 min. + 8.25 hours .... 506 Appendix H—Static Test Protocols/Records ...... 700 Locomotives ...... 2 retests + 2 records .... 10 minutes + 5 minutes 1

Total Estimated Annual Responses: SUMMARY: FTA is extending the • U.S. Mail: Send comments to 145,682. comment period for the notice of Docket Operations; U.S. Department of Estimated Total Annual Burden: request for comments, which was Transportation, 1200 New Jersey 33,928 hours. published on August 19, 2014. The Avenue SE., West Building Room W12– Status: Extension of a Currently original comment period closed on 140, Washington, DC 20590–0001. Approved Collection. September 18, 2014. The extension is • Hand Delivery or Courier: Take Pursuant to 44 U.S.C. 3507(a) and 5 based on concerns expressed to FTA comments to Docket Operations in CFR 1320.5(b), 1320.8(b)(3)(vi), FRA that the September 18 closing date did Room W12–140 of the West Building, informs all interested parties that it may not provide sufficient time to review Ground Floor, at 1200 New Jersey not conduct or sponsor, and a and provide comprehensive comments Avenue SE., Washington, DC, between respondent is not required to respond on two of the proposed changes. FTA 9:00 a.m. and 5:00 p.m., Monday to, a collection of information unless it agrees that the comment period for these through Friday, except Federal holidays. displays a currently valid OMB control two proposed changes should be • Fax: Fax comments to Docket number. extended. Therefore, FTA has extended Operations, U.S. Department of Authority: 44 U.S.C. 3501–3520. the comment period by 30 days from the Transportation, at (202) 493–2251. original deadline to October 20, 2014. Instructions: You must include the Issued in Washington, DC. Additionally, FTA will continue to agency name (Federal Transit Rebecca Pennington, accept and review comments arriving Administration) and Docket Number Chief Financial Officer. after the extended deadline to the fullest (FTA–2014–0006) for this notice, at the [FR Doc. 2014–24688 Filed 10–16–14; 8:45 am] extent practicable. This extension will beginning of your comments. If sent by BILLING CODE 4910–06–P provide those interested in commenting mail, submit two copies of your additional time to discuss, evaluate, and comments. Due to security procedures submit responses to the docket. in effect since October 2001, mail DEPARTMENT OF TRANSPORTATION DATES: The comment period for the received through the U.S. Postal Service proposed rule published on August 19, may be subject to delays. Parties Federal Transit Administration 2014 (79 FR 49146), is extended. submitting comments should consider Comments must be received on or using an express mail firm to ensure [Docket No. FTA–2014–0006] before October 20, 2014. Any comments their prompt filing of any submissions filed after this deadline will be not filed electronically or by hand. If Notice of Request for Comments on considered to the extent practicable. you wish to get confirmation that FTA Updates to National Transit Database ADDRESSES: Please submit your received your comments, you must Information Collection comments by only one of the following include a self-addressed stamped AGENCY: Federal Transit Administration methods, identifying your submission postcard. All comments received will be (FTA), DOT. by Docket Number (FTA–2014–0006). posted without change to http:// • Federal eRulemaking Portal: www.regulations.gov, including any ACTION: Notice of request for comments, Submit electronic comments and other personal information provided. You extension of comment period. data to http://www.regulations.gov. may review U.S. DOT’s complete

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Privacy Act Statement published in the Please refer to the original proposed no formal complaint filed by a user of Federal Register on April 11, 2000, at guidance as published on August 19, rail service on the Line (or by a state or 65 FR 19477–8 or http:// 2014 (79 FR 49146) for a more detailed local government entity acting on behalf DocketsInfo.dot.gov. discussion of these changes. of such user) regarding cessation of FOR FURTHER INFORMATION CONTACT: III. Extension service over the Line either is pending Keith Gates, National Transit Database with the Surface Transportation Board Most changes proposed in this notice Program Manager, Office of Budget and or with any U.S. District Court or has are simple updates to the guidance in Policy, (202) 366–1794, or email: been decided in favor of complainant the NTD Reporting Manual. FTA did not [email protected]. within the two-year period; and (4) the expect extensive comments on these Office hours are from 8:30 a.m. to 5:00 requirements at 49 CFR 1105.12 changes and will not be extending the p.m., Monday through Friday, except (newspaper publication) and 49 CFR comment deadline for them. The two Federal holidays. 1152.50(d)(1) (notice to governmental proposed changes for which we have agencies) have been met. SUPPLEMENTARY INFORMATION: specifically been asked to extend the As a condition to this exemption, any I. Introduction comment period, and which are covered under this notice are: employee adversely affected by the The August 19 notice FR notice, for discontinuance of service shall be which we are extending the comment A. Clarification for reporting subset data on ADA paratransit services; and protected under Oregon Short Line period here, announces FTA’s intention Railroad—Abandonment Portion to revise certain aspects of National K. Expansion of capital asset reporting required by MAP–21. Goshen Branch Between Firth & Transit Database (NTD) reporting Ammon, in Bingham & Bonneville Additional comments on the other guidance as described in the NTD Counties, Idaho, 360 I.C.C. 91 (1979). To proposals will be considered as time Reporting Manual. The changes address whether this condition allows. primarily relate to urbanized area transit adequately protects affected employees, providers. FTA is seeking public Therese McMillan, a petition for partial revocation under comment before implementing these Acting Administrator. 49 U.S.C. 10502(d) must be filed. changes to 49 U.S.C. 5335 National [FR Doc. 2014–24724 Filed 10–16–14; 8:45 am] Transit Database. Provided no formal expression of BILLING CODE 4910–57–P intent to file an offer of financial II. Background assistance (OFA) to subsidize continued The August 19 notice proposes rail service has been received, this DEPARTMENT OF TRANSPORTATION various changes to the requirements for exemption will be effective on November 18, 2014, unless stayed the Urbanized Area Systems reporting to Surface Transportation Board the NTD. These changes are primarily pending reconsideration. Petitions to updates to the guidance in the NTD [Docket No. AB 1000 (Sub-No. 3X); Docket stay that do not involve environmental Reporting Manual, and FTA proposes No. AB 290 (Sub-No. 369X)] issues and formal expressions of intent to file an OFA to subsidize continued that these changes will take effect for Georgia Southwestern Railroad, Inc.— rail service under 49 CFR 1152.27(c)(2) 1 the FY 2014 data reporting cycle, which Discontinuance of Service must be filed by October 27, 2014.2 will begin this Fall. These changes do Exemption—in Schley and Sumpter Petitions to reopen must be filed by not apply to rural transit systems Counties, Ga.; Central of Georgia November 6, 2014, with the Surface reporting through the NTD Rural Railroad Company—Discontinuance of Transportation Board, 395 E Street SW., Module. The proposed changes are as Service Exemption—in Schley and Washington, DC 20423–0001. follows: Sumpter Counties, Ga A. Clarification for reporting subset data A copy of any petition filed with the on ADA paratransit services Central of Georgia Railroad Company Board should be sent to applicants’ B. Clarification on the reporting of (CGA) and Georgia Southwestern representatives: For CGA, William A. contractual relationships Railroad, Inc. (GSWR) (collectively, Mullins, Baker & Miller PLLC, 2401 C. Updates to definition of the bus rapid applicants) have jointly filed a verified Pennsylvania Ave. NW., Suite 300, transit mode notice of exemption under 49 CFR part Washington, DC 20037; for GSWR, Eric D. Guidance for service on HOT lanes 1152 subpart F—Exempt Abandonments M. Hocky, Clark Hill PLC, One E. Updates to the definition of and Discontinuances of Service for each Commerce Square, 2005 Market Street, commuter service and allocation of carrier to discontinue service over a 16.5 Suite 1000, Philadelphia, PA 19103. data attributable to an urbanized mile portion of rail line known as the If the notice contains false or area Ellaville line between milepost 45.0 F. Proposed elimination of consolidated near Ellaville, Schley County, Ga., and misleading information, the exemption reporting and update of small milepost 61.5 near Americus, Sumpter is void ab initio. systems waiver reporting County, Ga. (the Line). Applicants state Board decisions and notices are G. Clarification on consistent use of that the Line is a remaining portion of available on our Web site at transit system names and a CGA-owned rail line extending ‘‘WWW.STB.DOT.GOV.’’ organization types between Ochillee and Americus, Ga., Decided: October 14, 2014. H. Policy clarification allowing that is leased to GSWR. The Line delegation of CEO certification traverses United States Postal Service 1 Each OFA must be accompanied by the filing responsibility Zip Codes 31719 and 31806. fee, which is currently set at $1,600. See 49 CFR I. Elimination of unnecessary reporting Applicants have certified that: (1) No 1002.2(f)(25). requirements local traffic has moved over the Line for 2 Because applicants are seeking to discontinue J. Updated guidance for sampling of at least two years; (2) no overhead traffic service, not to abandon the line, trail use/rail banking and public use conditions are not passenger miles has moved over the Line for at least two appropriate. Likewise, no environmental or historic K. Expansion of capital asset reporting years and overhead traffic, if any, could documentation is required here under 49 CFR required by MAP–21 be transported over other rail routes; (3) 1105.6(c) and 49 CFR 1105.8(b), respectively.

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By the Board, Rachel D. Campbell, Type of Review: Extension without DEPARTMENT OF TREASURY Director, Office of Proceedings. change of a currently approved Brendetta S. Jones, collection. Office of the General Counsel; Appointment of Members of the Legal Clearance Clerk. Title: Employer/Payer Appointment Division to the Performance Review [FR Doc. 2014–24731 Filed 10–16–14; 8:45 am] of Agent. BILLING CODE 4915–01–P Board, Internal Revenue Service Form: 2678. Under the authority granted to me as Abstract: Title 26 U.S.C. 3504 Chief Counsel of the Internal Revenue authorizes an employer to designate a DEPARTMENT OF THE TREASURY Service by the General Counsel of the fiduciary, agent, etc., to perform the Department of the Treasury by General Submission for OMB Review; same acts as required of employers for Counsel Directive 15, pursuant to the Comment Request purposes of employment taxes. Form Civil Service Reform Act, I have 2678 is used by an employer to notify appointed the following persons to the October 14, 2014. the Director, Internal Revenue Service Legal Division Performance Review The Department of the Treasury will Center, of the appointment of an agent Board, Internal Revenue Service Panel: submit the following information to pay wages on behalf of the employer. 1. Chairperson, Erik Corwin, Deputy collection requests to the Office of In addition, the completed form is an Chief Counsel (Technical) Management and Budget (OMB) for authorization to withhold and pay taxes 2. John Moriaty, Deputy Associate Chief review and clearance in accordance via Form 941, Employer’s Quarterly Counsel (Income Tax and with the Paperwork Reduction Act of Federal Tax Return, for the employees Accounting) 1995, Public Law 104–13, on or after the involved. 3. Ted Cronin, Division Counsel date of publication of this notice. (Criminal Tax) Affected Public: Private Sector: DATES: Comments should be received on 4. Tom Vidano, Deputy Division Businesses or other for-profits, Not-for- or before November 17, 2014 to be Counsel (Large Business and profit institutions. assured of consideration. International) 5. Curtis G. Wilson, Associate Chief ADDRESSES: Send comments regarding Estimated Annual Burden Hours: Counsel (Passthroughs and Special the burden estimate, or any other aspect 13,731,200. Industries) of the information collection, including OMB Number: 1545–2254. Alternate—Linda Horowitz, Deputy suggestions for reducing the burden, to Associate Chief Counsel (General (1) Office of Information and Regulatory Type of Review: Extension without Legal Services) Affairs, Office of Management and change of a currently approved Budget, Attention: Desk Officer for collection. This publication is required by 5 U.S.C. 4314(c)(4). Treasury, New Executive Office Title: Statement of Liability of Lender, Building, Room 10235, Washington, DC Surety, or Other Person for Withholding Dated: October 8, 2014. 20503, or email at OIRA_Submission@ Taxes. William J. Wilkins, OMB.EOP.gov and (2) Treasury PRA Form: 4219. Chief Counsel, Internal Revenue Service. Clearance Officer, 1750 Pennsylvania [FR Doc. 2014–24654 Filed 10–16–14; 8:45 am] Abstract: Third parties who directly Ave. NW., Suite 8140, Washington, DC BILLING CODE 4380–01–P 20220, or email at [email protected]. pay another’s payrolls can be held liable FOR FURTHER INFORMATION CONTACT: for the full amount of taxes required to Copies of the submission(s) may be be withheld but not paid to the DEPARTMENT OF VETERANS obtained by calling (202) 927–5331, Government (subject to the 25% AFFAIRS email at [email protected], or the entire limitation). Internal Revenue Code 3505 information collection request may be deals with persons who supply funds to Wait-Time Goals of the Department for found at www.reginfo.gov. an employer for the purpose of paying the Veterans Choice Program wages. The notification that a third Internal Revenue Service (IRS) AGENCY: Department of Veterans Affairs. party is paying or supplying wages will OMB Number: 1545–0094. be made by filing the Form 4219, ACTION: Notice. Type of Review: Extension without Statement of Liability of Lender, Surety, SUMMARY: The Veterans Access, Choice, change of a currently approved or Other Person for Withholding Taxes, and Accountability Act of 2014 directs collection. and is to be submitted and associated the Department of Veterans Affairs (VA) Title: U.S. Information Return-Trust with each employer for every calendar to establish a program (the ‘‘Veterans Accumulation of Charitable Amounts. quarter for which a liability under Choice Program’’) to furnish hospital Form: 1041–A. section 3505 is incurred. care and medical services through non- Abstract: Form 1041–A is used to Affected Public: Private Sector: VA health care entities and providers to report the information required in 26 Veterans who either cannot be seen U.S.C. 6034 concerning accumulation Businesses or other for-profits, Farms, Not-for-profit institutions. within the ‘‘wait-time goals of the and distribution of charitable amounts. Veterans Health Administration’’ or The data is used to verify that amounts Estimated Annual Burden Hours: who qualify based on their place of for which a charitable deduction was 12,833. residence. The statute defines the goals allowed are used for charitable Dawn D. Wolfgang, as being ‘‘not more than 30 days from purposes. the date on which a veteran requests an Treasury PRA Clearance Officer. Affected Public: Private Sector: appointment for hospital care or Businesses or other for-profits. [FR Doc. 2014–24763 Filed 10–16–14; 8:45 am] medical services from the Department’’ Estimated Annual Burden Hours: BILLING CODE 4830–01–P but also permits VA to establish another 4,396,854. standard by submitting to Congress a OMB Number: 1545–0748. report stating that VA’s actual goals are

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different. This Federal Register Notice who qualify based on their place of event a VA health care provider identifies a announces VA’s report on the wait-time residence. The statute, in section time range when care must be provided (e.g., goals for purposes of the Veterans 101(s)(1), defines the goals as being ‘‘not within the next 2 months), VA will use the Choice Program. more than 30 days from the date on last clinically appropriate date for determining whether or not such care is ADDRESSES: The report on the wait-time which a veteran requests an timely. The Department anticipates that the goals of the Veterans Health appointment for hospital care or Under Secretary for Health periodically will Administration for purposes of the medical services from the Department.’’ consider changes to the wait-time goals of the Veterans Choice Program is available on The statute, in section 101(s)(2), also Veterans Health Administration as the www.va.gov/health Web site. permits VA to establish another appropriate. standard by submitting to Congress, not FOR FURTHER INFORMATION CONTACT: Signing Authority James A. Tuchschmidt, MD, Acting later than 60 days after the date of the Principal Deputy Under Secretary for enactment of the Act, a report stating The Secretary of Veterans Affairs, or Health (10A), 810 Vermont Avenue that VA’s actual goals are different. designee, approved this document and NW., Washington, DC 20420, This Federal Register Notice authorized the undersigned to sign and Telephone: 202–461–7008 (this is not a announces the report on the wait-time submit the document to the Office of the toll-free number). goals of the Veterans Health Federal Register for publication Administration for purposes of the electronically as an official document of SUPPLEMENTARY INFORMATION: Section Veterans Choice Program. The report the Department of Veterans Affairs. Jose 101 of the Veterans Access, Choice, and provides that the goals of the Veterans D. Riojas, Chief of Staff, approved this Accountability Act of 2014 (Pub. L. Health Administration are as follows: document on October 14, 2014, for 113–146, ‘‘the Act’’) directs the publication. Department of Veterans Affairs (VA) to Unless changed by further notice in the establish a program (the ‘‘Veterans Federal Register, the term ‘‘wait-time goals of Dated: October 15, 2014. Choice Program’’) to furnish hospital the Veterans Health Administration’’ means William F. Russo, not more than 30 days from either the date care and medical services through non- that an appointment is deemed clinically Acting Director, Office of Regulation Policy VA health care entities and providers to appropriate by a VA health care provider, or & Management, Office of the General Counsel, Veterans who either cannot be seen if no such clinical determination has been U.S. Department of Veterans Affairs. within the ‘‘wait-time goals of the made, the date a Veteran prefers to be seen [FR Doc. 2014–24897 Filed 10–16–14; 8:45 am] Veterans Health Administration’’ or for hospital care or medical services. In the BILLING CODE 8320–01–P

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Part II

Department of Energy

10 CFR Parts 429 and 430 Energy Conservation Program for Consumer Products: Test Procedure for Ceiling Fans; Proposed Rule

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DEPARTMENT OF ENERGY rulemaking (NOPR) before and after the instructions on submitting comments public meeting, but no later than and additional information on the 10 CFR Parts 429 and 430 December 31, 2014. See section V, rulemaking process, see section V of this [Docket No. EERE–2013–BT–TP–0050] ‘‘Public Participation,’’ for details. document (Public Participation). ADDRESSES: The public meeting will be Docket: The docket, which includes RIN 1904–AD10 held at the U.S. Department of Energy, Federal Register notices, public meeting attendee lists and transcripts, Energy Conservation Program for Forrestal Building, Room 6E–069, 1000 comments, and other supporting Consumer Products: Test Procedure Independence Avenue SW., documents/materials, is available for for Ceiling Fans Washington, DC 20585. To attend, please notify Ms. Brenda Edwards at review at www.regulations.gov. All AGENCY: Office of Energy Efficiency and (202) 586–2945. Please note that foreign documents in the docket are listed in Renewable Energy, Department of nationals visiting DOE Headquarters are the www.regulations.gov index. Energy. subject to advance security screening However, not all documents listed in ACTION: Notice of proposed rulemaking procedures. Any foreign national the index may be publicly available, and announcement of public meeting. wishing to participate in the meeting such as information that is exempt from should advise DOE as soon as possible public disclosure. SUMMARY: The U.S. Department of by contacting Ms. Edwards to initiate A link to the docket Web page can be Energy (DOE) proposes to reinterpret the the necessary procedures. Please also found at: http://www1.eere.energy.gov/ statutory definition of a ceiling fan to note that any person wishing to bring a buildings/appliance;_standards/ include hugger ceiling fans and to laptop into the Forrestal Building will rulemaking.aspx/ruleid/65. This Web amend its test procedure for ceiling fans be required to obtain a property pass. page contains a link to the docket for established under the Energy Policy and Visitors should avoid bringing laptops, this notice on the www.regulations.gov Conservation Act. The proposed test or allow an extra 45 minutes. Persons site. The www.regulations.gov Web page procedure would establish an integrated may also attend the public meeting via contains simple instructions on how to efficiency metric for ceiling fans, based webinar. For more information, refer to access all documents, including public on the airflow and power consumption section V, ‘‘Public Participation,’’ near comments, in the docket. See section V, at low and high speed for low-volume the end of this notice. ‘‘Public Participation,’’ for information ceiling fans, and at high speed for high- Interested persons are encouraged to on how to submit comments through volume ceiling fans (where volume submit comments using the Federal www.regulations.gov. refers to airflow volume). The proposed eRulemaking Portal at For further information on how to efficiency metric would also account for www.regulations.gov. Follow the submit a comment, review other public power consumed in standby mode. The instructions for submitting comments. comments and the docket, or participate proposed test procedure amendments Alternatively, interested persons may in the public meeting, contact Ms. also include new test methods for high- submit comments, identified by docket Brenda Edwards at (202) 586–2945 or by volume ceiling fans, multi-mount number EERE–2013–BT–TP–0050 and/ email: [email protected]. ceiling fans, ceiling fans with multiple or regulatory information number (RIN) FOR FURTHER INFORMATION CONTACT: Ms. fan heads, and ceiling fans where the number 1904–AD10, by any of the Lucy deButts, U.S. Department of airflow is not directed vertically, as well following methods: Energy, Office of Energy Efficiency and as power consumption in standby mode. 1. Email: [email protected]. Renewable Energy, Building In addition, the proposed test procedure Include the docket number EERE–2013– Technologies Office, EE–2J, 1000 would: Clarify that only high and low BT–TP–0050 and/or RIN 1904–AD10 in Independence Avenue SW., speeds are to be tested for low-volume the subject line of the message. Submit Washington, DC 20585–0121. ceiling fans; eliminate the requirement electronic comments in WordPerfect, Telephone: (202) 287–1604. Email: to test with a test cylinder; add a false Microsoft Word, PDF, or ASCII file [email protected]. ceiling; clarify the distance between the format, and avoid the use of special Ms. Elizabeth Kohl, U.S. Department ceiling fan blades and the air velocity characters or any form of encryption. of Energy, Office of the General Counsel, sensors during testing; clarify the fan 2. Postal Mail: Ms. Brenda Edwards, GC–71, 1000 Independence Avenue configuration during testing for low- U.S. Department of Energy, Building SW., Washington, DC, 20585–0121. volume ceiling fans; clarify the test Technologies Office, Mailstop EE–5B, Telephone: (202) 586–7796. Email: method for ceiling fans with heaters; 1000 Independence Avenue SW., [email protected]. and revise the allowable tolerance for Washington, DC 20585–0121. If air velocity sensors. DOE is also possible, please submit all items on a SUPPLEMENTARY INFORMATION: announcing a public meeting to discuss compact disc (CD), in which case it is Table of Contents and receive comments on issues not necessary to include printed copies. I. Authority and Background presented in this test procedure 3. Hand Delivery/Courier: Ms. Brenda rulemaking. II. Summary of the Notice of Proposed Edwards, U.S. Department of Energy, Rulemaking DATES: Meeting: DOE will hold a public Building Technologies Office, 950 III. Discussion meeting on Wednesday, November 19, L’Enfant Plaza SW., Suite 600, A. Scope of Applicability from 9 a.m. to 4 p.m., in Washington, Washington, DC 20024. Telephone: B. Effective Date and Compliance Date DC. The meeting will also be broadcast (202) 586–2945. If possible, please C. Existing Test Procedure as a webinar. See section V, ‘‘Public submit all items on a CD, in which case D. Proposed Metric Participation,’’ for webinar registration it is not necessary to include printed E. Other Proposed Modifications to Current information, participant instructions, copies. Test Procedure F. Proposed Additional Test Methods and information about the capabilities Instructions: All submissions received G. Certification and Enforcement available to webinar participants. must include the agency name and IV. Procedural Issues and Regulatory Review Comments: DOE will accept docket number and/or RIN for this A. Review Under Executive Order 12866 comments, data, and information rulemaking. No telefacsimilies (faxes) B. Review Under the Regulatory Flexibility regarding this notice of proposed will be accepted. For detailed Act

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C. Review Under the Paperwork Reduction amending test procedures for covered rule resulting from this rulemaking will Act of 1995 products, including ceiling fans. EPCA satisfy the requirement to review the D. Review Under the National provides that any test procedures test procedures for ceiling fans within 7 Environmental Policy Act of 1969 prescribed or amended under this years of the enactment of EISA 2007. E. Review Under Executive Order 13132 section shall be reasonably designed to In addition, for covered products with F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates produce test results which measure test procedures that do not fully account Reform Act of 1995 energy efficiency, energy use, or for standby-mode and off-mode energy H. Review Under the Treasury and General estimated annual operating cost of a consumption, EISA 2007 directs DOE to Government Appropriations Act, 1999 covered product during a representative amend its test procedures to do so with I. Review Under Executive Order 12630 average use cycle or period of use, and such energy consumption integrated J. Review Under Treasury and General must not be unduly burdensome to into the overall energy efficiency, Government Appropriations Act, 2001 conduct. (42 U.S.C. 6293(b)(3)) energy consumption, or other energy K. Review Under Executive Order 13211 In addition, if DOE determines that a descriptor, if technically feasible. (42 L. Review Under Section 32 of the Federal test procedure amendment is warranted, U.S.C. 6295(gg)(2)(A)) If an integrated Energy Administration Act of 1974 it must publish proposed test V. Public Participation test procedure is technically infeasible, A. Attendance at the Public Meeting procedures and offer the public an DOE must prescribe a separate standby- B. Procedure for Submitting Requests To opportunity to present oral and written mode and off-mode test procedure for Speak and Prepared General Statements comments on them. (42 U.S.C. the covered product, if technically for Distribution 6293(b)(2)) Finally, in any rulemaking to feasible. Id. The current DOE ceiling fan C. Conduct of the Public Meeting amend a test procedure, DOE must test procedure, published in a 2006 final D. Submission of Comments determine to what extent, if any, the rule (71 FR 71341 (Dec. 8, 2006)), did E. Issues on Which DOE Seeks Comment proposed test procedure would alter the not address standby mode or off mode. VI. Approval of the Office of the Secretary measured energy efficiency of any This test procedure rulemaking fulfills I. Authority and Background covered product as determined under the statutory requirement to address the existing test procedure. (42 U.S.C. Title III, Part B 1 of the Energy Policy standby-mode and off-mode power 6293(e)) consumption. and Conservation Act of 1975 (‘‘EPCA’’ The Energy Policy Act of 2005 or ‘‘the Act’’), Public Law 94–163 (42 (EPACT 2005), Public Law 109–58, B. Concurrent Standards Rulemaking U.S.C. 6291–6309, as codified) sets forth amended EPCA and established energy DOE is concurrently conducting an a variety of provisions designed to conservation standards for ceiling fans, energy conservation standards improve energy efficiency and as well as requirements for the ceiling rulemaking for ceiling fans. On March established the Energy Conservation fan test procedure. (42 U.S.C. 6295(ff) 15, 2013, DOE published in the Federal Program for Consumer Products Other and 6293(b)(16)(A)(1)) Specifically, Register a Notice of Public Meeting and 2 Than Automobiles. These include these amendments required that test Availability of the Framework ceiling fans, the subject of this proposed procedures for ceiling fans be based on Document to initiate the energy rulemaking. (42 U.S.C. 6291(49), the ‘‘Energy Star Testing Facility conservation standard rulemaking for 6293(b)(16)(A)(i), and 6295(ff)) Guidance Manual: Building a Testing ceiling fans. (78 FR 16443 (Mar. 15, Under EPCA, this energy conservation Facility and Performing the Solid State 2013)). DOE held the framework public program consists essentially of four Test Method for ENERGY STAR meeting on March 22, 2013. DOE parts: (1) Testing; (2) labeling; (3) Qualified Ceiling Fans, Version 1.1.’’ Id. requested feedback in the framework Federal energy conservation standards; The current DOE ceiling fan test document and received both written and (4) certification and enforcement procedure, based on that source, was comments and comments at the public procedures. The testing requirements published in a 2006 final rule (71 FR meeting from interested parties on many consist of test procedures that 71341 (Dec. 8, 2006)), which codified issues related to test methods for manufacturers of covered products must the test procedure in DOE’s regulations evaluating the airflow and electrical use as the basis for certifying to DOE in the Code of Federal Regulations consumption performance of ceiling that their products comply with the (CFR) at 10 CFR 430.23(w) and 10 CFR fans. Comments related to the test applicable energy conservation part 430, subpart B, appendix U, procedure for ceiling fans are addressed standards adopted pursuant to EPCA ‘‘Uniform Test Method for Measuring throughout this notice. and for making other representations the Energy Consumption of Ceiling DOE invites comments on all aspects about the efficiency of those products. Fans.’’ of the existing test procedures for (42 U.S.C. 6293(c) and 6295(s)) The Energy Independence and ceiling fans. Similarly, DOE must use these test Security Act of 2007 (EISA 2007), Public requirements to determine whether the Law 110–140, amended EPCA to require II. Summary of the Notice of Proposed products comply with any relevant that at least once every 7 years, DOE Rulemaking standards promulgated under EPCA. (42 must conduct an evaluation of the test In this NOPR, DOE proposes to U.S.C. 6295(s)) procedures for all covered products and reinterpret the statutory definition of a either amend the test procedures (if the ceiling fan to include hugger ceiling A. General Test Procedure Rulemaking Secretary determines that amended test Process fans and to amend the current test procedures would more accurately or procedure for ceiling fans as follows: Under 42 U.S.C. 6293, EPCA sets forth fully comply with the requirements of (1) Specify an efficiency metric; the criteria and procedures that DOE 42 U.S.C. 6293(b)(3)) or publish a (2) Clarify that low-volume ceiling must follow when prescribing or determination in the Federal Register fans should be tested at low and high not to amend them. (42 U.S.C. speeds; 1 For editorial reasons, upon codification in the 6293(b)(1)(A)) Pursuant to this (3) Eliminate the requirement to use a U.S. Code, Part B was redesignated as Part A. requirement, DOE must review the test test cylinder; 2 All references to EPCA in this document refer to the statute as amended through the American procedures for ceiling fans not later than (4) Add a false ceiling to the Energy Manufacturing Technical Corrections Act December 19, 2014 (i.e., 7 years after the experimental setup for low-volume (AEMTCA), Public Law 112–210 (Dec. 18, 2012). enactment of EISA 2007). Thus, the final ceiling fans;

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(5) Clarify the required distance positioning of the ceiling fan and the air Clarification of the Test Method for between the ceiling fan blades and the velocity sensors would remain the same Ceiling Fans With Heaters air velocity sensors; as in the current test procedure but DOE proposes to clarify that ceiling (6) Clarify the appropriate fan without a test cylinder between them. fans with heaters integrated into or sold configuration during testing for low- The same effective area and number of packaged with the fan should be tested volume ceiling fans; sensors as in the current test procedure with the heater installed but turned off (7) Clarify the test method for ceiling would be used to calculate the airflow during testing. fans with heaters; of a low-volume ceiling fan. (8) Revise the allowable tolerance for Revision of the Allowable Tolerance for air velocity sensors used during testing; Addition of a False Ceiling to the Air Velocity Sensors Used During (9) Add a test method for high-volume Experimental Setup Testing ceiling fans; (10) Add a test method for multi- For all low-volume ceiling fans, DOE DOE proposes to revise the allowable mount ceiling fans; proposes to add a test set-up accuracy tolerance for air velocity (11) Add a test method for multi- requirement for a false ceiling directly sensors used during testing of low- volume ceiling fans from ±1 percent to headed ceiling fans; above the ceiling fan during testing. ± (12) Add a test method for ceiling fans This is intended to simulate real life 5 percent, based on testing results that indicate that the accuracy of the airflow where the airflow is not directed usage conditions more accurately and measurement is not affected by this vertically; and provide an equitable basis of difference in tolerance. (13) Add a test method for power comparison across low-volume ceiling consumption in standby mode. fans. The length and breadth of the false Addition of a Test Method for High- The following paragraphs summarize ceiling would be required to be at least Volume Ceiling Fans these proposed changes, with further 8 inches larger than the blade span of DOE proposes to base the test method detail provided in section III the ceiling fan being tested. (Discussion). for high-volume ceiling fans on ANSI/ Clarification of the Distance Between AMCA Standard 230–12, ‘‘Laboratory Establishment of an Efficiency Metric the Ceiling Fan Blades and the Air Methods of Testing Air Circulating Fans In general, DOE proposes to establish Velocity Sensors for Rating and Certification’’ (AMCA the metric for ceiling fan efficiency 230 3), with some modifications to the based on measured air flow and energy DOE proposes to modify its specified room dimensions to allow for consumption. For low-volume ceiling instructions for determining the testing of ceiling fans up to 24 feet in fans (where volume refers airflow appropriate vertical position of a low diameter. volume), ceiling fan efficiency would be volume ceiling fan in relation to the air Addition of a Test Method for Multi- determined based on the weighted velocity sensors. More specifically, DOE Mount Ceiling Fans average of airflow and power proposes that such position be DOE proposes to test low-volume consumption at high and low speeds. determined at the lowest point on the multi-mount ceiling fans in two For high-volume ceiling fans, ceiling fan ceiling fan blades (i.e., the point on the configurations: (1) In the standard efficiency would be determined based ceiling fan blade that is farthest from the on airflow and power consumption at configuration that minimizes the ceiling), rather than ‘‘the middle of the distance between the ceiling and the high speed only. (See section III.A.2 for fan blade tips’’, as is currently required. definitions of ‘‘low-volume ceiling fan’’ lowest part of the fan blades, and (2) in DOE is proposing this change because it the hugger configuration that minimizes and ‘‘high-volume ceiling fan’’.) The may be unclear how the ‘‘middle of metric for ceiling fan efficiency would the distance between the ceiling and the blade tip’’ measurement should be made also include any power consumption in lowest part of the fan blades. for ceiling fans having non-flat or standby mode. Because DOE’s research unusually shaped blades. Addition of a Test Method for Multi- suggests that there is no off-mode power Headed Ceiling Fans consumption for ceiling fans, DOE is not Clarification of the Appropriate Fan proposing to include off-mode power in DOE proposes to test low-volume, Configuration During Testing for Low- multi-headed ceiling fans by positioning the efficiency metric, or to require off- Volume Ceiling Fans mode testing. the fan such that one fan head is DOE proposes to clarify that if more centered in the test set-up and then Clarification That Low-Volume Ceiling than one mounting option is included testing that head in the same manner as Fans Are To Be Tested At High and Low with a fan that would meet the all other low-volume ceiling fans. If the Fan Speeds definition of a standard low-volume ceiling fan includes more than one type of ceiling fan head, then at least one of As noted in the previous paragraph, ceiling fan, that ceiling fan should be each unique type should be tested. The DOE proposes to clarify that testing is tested in the configuration with the required at high and low speeds for low- airflow for the ceiling fan at a given smallest distance between the ceiling speed can be determined by multiplying volume ceiling fans. For high-volume and the lowest part of the fan blades. ceiling fans, where the available fan the airflow of a measured fan head by Similarly, if more than one mounting the number of ceiling fan heads of that speeds are often continuous instead of option is included with a fan that would discrete, DOE proposes to test only at type and summing over all types meet the definition of a hugger low- high speed. included in the ceiling fan. The power volume ceiling fan, that ceiling fan consumption at a given speed should be Elimination of the Requirement for a should be tested in the configuration Test Cylinder To Be Used During with the smallest distance between the 3 Air Movement and Control Association Testing ceiling and the lowest part of the fan International, Inc. ANSI/AMCA Standard 230–12: blades. DOE seeks comment and data on Laboratory Methods of Testing Air Circulating Fans DOE proposes to eliminate the for Rating and Certification. 2010. Arlington requirement to use a test cylinder while how these fans are configured in the Heights, IL. (Last accessed February 24, 2014) conducting airflow measurements. The field. https://www.amca.org/store/item.aspx?ItemId=37.

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measured separately, with all ceiling fan and the point of support. This ALA advised DOE to delay including heads turned on. interpretation more accurately reflects these fans in this rulemaking until new the statutory definition and does not test procedures are developed to Addition of a Test Method for Ceiling draw an artificial distinction between appropriately test the performance of Fans Where the Airflow Is Not Directed units that serve the same functional these fans. (ALA, No. 39 at p. 3) At this Vertically purpose. This is also in line with the time, DOE takes no position on whether For low-volume ceiling fans where scope of CAN/CSA–C814–10, which centrifugal fans (commonly referred to the airflow is not directed vertically, includes hugger fans. as ‘‘bladeless’’ ceiling fans) fit within DOE proposes to clarify that the ceiling Hugger fans generally are the EPCA definition of a ceiling fan. fan head should be adjusted such that indistinguishable from other types of DOE may consider this issue in a future the airflow is directed as vertically ceiling fans in that they move air via rulemaking proceeding. downward as possible prior to testing. If rotation of fan blades, are intended to Although the Framework Document the airflow is still not vertical, the air improve comfort, and are rated on their did not specifically discuss ceiling fans velocity results from an offset series of ability to move air (as measured in cubic capable of producing large volumes of sensors would be substituted for the feet per minute). Under this airflow, such as those ceiling fans typical symmetric set to calculate total reinterpretation, a multi-mount ceiling typically used in non-residential airflow. fan, i.e., a ceiling fan which can be applications, DOE clarifies that any Addition of a Test Method for Power mounted in both the hugger and ceiling fan that meets the statutory Consumption in Standby Mode standard ceiling fan configurations, definition is considered a covered would also fall under the definition of product for which the test methods in DOE proposes to add a test method for 5 a ceiling fan. In response to the this rulemaking apply. (78 FR 16443 measuring the power consumption of Framework Document for the ceiling fan (Mar. 15, 2013)) Ceiling fans capable of ceiling fans in standby mode. This test energy conservation standards producing large volumes of airflow are method would be applicable to both low rulemaking, several commenters, functionally similar to ceiling fans that and high-volume ceiling fans. including the American Lighting produce less airflow and meet the III. Discussion Association (ALA), the Appliance definition of a ceiling fan, in that they are suspended from the ceiling, are A. Scope of Applicability Standards Awareness Project (ASAP), the National Consumer Law Center nonportable, and produce airflow via The test procedures described in this (NCLC), the National Resources Defense the rotation of fan blades. Therefore, notice are proposed to apply to all Council (NRDC), and the Northwest DOE clarifies that ceiling fans capable of ceiling fans. According to the statutory Energy Efficiency Alliance (NEEA) producing large volumes of airflow are definition, a ‘‘ceiling fan’’ is ‘‘a non- supported DOE’s proposed considered covered products. portable device that is suspended from reinterpretation. (ALA, No. 39 4 at p. 3; DOE notes that the proposed changes a ceiling for circulating air via the ASAP–NCLC–NEEA–NRDC, No. 14 at p. in interpretation of the ceiling fan rotation of fan blades.’’ (42 U.S.C. 4) DOE received no comments objecting definition discussed above would result 6291(49)) This includes ceiling fans for to its proposed reinterpretation. DOE in the applicability of the design all applications, including applications proposes that any ceiling fan sold with standards set forth in EPCA at 42 U.S.C. where large airflow volume may be the option of being mounted in either a 6295(ff)(1) to the following types of fans needed. The test procedures do not hugger configuration or a standard 30 days after the publication of any final apply to air circulators (or air- configuration would also be included test procedure adopting such changes in circulating fan heads) that are typically within the ‘‘ceiling fan’’ definition. interpretation: mounted on a pedestal but could also Under DOE’s proposed 1. Fans suspended from the ceiling using include wall, ceiling, or I-beam reinterpretation, DOE would consider a downrod or other means of suspension mounting brackets. Such air-circulating the following fans to be explicitly such that the fan is not mounted directly to fan heads are defined in section 5.1.1 of covered under the definition of ‘‘ceiling the ceiling; AMCA 230.3 2. Fans suspended such that they are fan’’ in 10 CFR 430.2: mounted directly or close to the ceiling; 1. Clarification of the Statutory 1. Fans suspended from the ceiling using 3. Fans sold with the option of being Definition of a Ceiling Fan a downrod or other means of suspension suspended with or without a downrod; and such that the fan is not mounted directly to 4. Fans capable of producing large volumes DOE previously interpreted the of airflow. definition of a ceiling fan such that it the ceiling; 2. Fans suspended such that they are Because ceiling fan light kits are excluded certain types of ceiling fans mounted directly or close to the ceiling; and commonly referred to as hugger fans. 71 defined as ‘‘equipment designed to 3. Fans sold with the option of being provide light from a ceiling fan that can FR 71343 (Dec. 8, 2006). Hugger ceiling suspended with or without a downrod. fans are typically understood to be set be integral, such that the equipment is flush to the ceiling (e.g., mounted In the Framework Document for the attached to the ceiling fan prior to the without a downrod). The previous ceiling fan energy conservation time of retail sale; or attachable, such interpretation exempted hugger fans standards rulemaking, DOE considered that at the time of retail sale the from standards on the basis that they are interpreting ceiling fans without equipment is not physically attached to set flush to the ceiling. DOE has external blades as meeting the statutory the ceiling fan, but may be included reconsidered the validity of this definition of a ceiling fan and asked for distinction and is proposing a comment on this issue. (78 FR 16443 5 The EPCA definition of a consumer product determination that ‘‘suspended from the (Mar. 15, 2013)) ALA agreed that the includes products of a type that, to any significant definition of ‘‘ceiling fan’’ may cover extent, are distributed in commerce for personal ceiling’’ does not depend upon whether use, without regard to whether a particular article the unit is mounted with a downrod. ceiling fans without external blades, but is in fact distributed in commerce for personal use. The concept of suspension does not 42 U.S.C. 6291(1) Therefore, any product that meets 4 Hereafter, all ALA comments from EERE–2012– the definition of a ceiling fan, even those fans used require any length between the object BT–STD–0045–0039 reference the powerpoint in non-residential applications, are considered presentation included in that docket number, covered products for which DOE can establish a test 3 unless otherwise noted. procedure.

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inside the ceiling fan at the time of sale 2. Definitions of Low-Volume and High- threshold in Table 1; and (2) has a or sold separately for subsequent Volume Ceiling Fans maximum airflow volume greater than attachment to the fan’’ (42 U.S.C. DOE proposes to define a ‘‘low- 5,000 CFM.’’ 6291(50)(A), and (B)), DOE notes that volume ceiling fan’’ as ‘‘a ceiling fan Table 1 indicates maximum speed tip light kits attached to any of the four fan that: (1) Is less than or equal to 7 feet for low-volume ceiling fans, dependent types listed above would be covered in diameter, and has a blade thickness on blade thickness. The values in Table ceiling fan light kits under these greater than or equal to 3.2 mm at the 1 are based on the Underwriters proposed changes in interpretation. edge and a maximum tip speed less than Laboratory (UL) ceiling fan safety In the concurrent energy conservation or equal to the limit in Table 1; or (2) standard (UL Standard 507–1999, ‘‘UL standards rulemaking for ceiling fans, has a maximum airflow volume less Standard for Safety for Electric Fans’’) than or equal to 5,000 CFM.’’ DOE is considering a separate product which designates maximum fan tip DOE proposes to define a ‘‘high- class for highly decorative ceiling fans volume ceiling fan’’ as ‘‘a ceiling fan speeds (for a given thicknesses at the that would be exempt from performance that: (1) Is greater than 7 feet in edge of the blades) that are safe for use standards. The current design standards diameter, or has a blade thickness of in applications where the distance specified in EPCA would still apply to less than 3.2 mm at the edge or a between the fan blades and the floor is such fans. maximum tip speed that exceeds the 10 feet or less.6

TABLE 1—LOW-VOLUME CEILING FANS, 7 FEET OR LESS IN DIAMETER

Thickness (t) of edges of blades Maximum speed at tip of blades Airflow direction * Mm (inch) m/s (feet per minute)

Downward-Only ...... 4.8 > t ≥ 3.2 (3⁄16 > t ≥ 1⁄8) 16.3 (3200) Downward-Only ...... t ≥ 4.8 (t ≥ 3⁄16) 20.3 (4000) Reversible ...... 4.8 > t ≥ 3.2 (3⁄16 > t ≥ 1⁄8) 12.2 (2400) Reversible ...... t ≥ 4.8 (t ≥ 3⁄16) 16.3 (3200) * The ‘‘downward-only’’ and ‘‘reversible’’ airflow directions are mutually exclusive; therefore, a ceiling fan that can only produce airflow in the downward direction need only meet the ‘‘downward-only’’ blade edge thickness and tip speed requirements and a ceiling fan that can produce airflow in the downward and upward directions need only meet the ‘‘reversible’’ requirements.

3. Definition of Hugger Ceiling Fan ceiling not exceeding 10 inches. (BAF, blades and the ceiling, instead of No. 43 at p. 2) In contrast, ALA average distance, may be a more In the Framework Document for the disagreed with DOE’s assertion that the appropriate metric when considering ceiling fan energy conservation primary point of differentiation is that whether a ceiling fan is safe to operate standards rulemaking, DOE considered hugger fans are ‘‘safe to use in rooms in a room with a low ceiling. Therefore, establishing a definition for hugger with low ceilings’’, believing that this DOE is proposing to define a hugger ceiling fans. (78 FR 16443 (Mar. 15, definition is misleading and open to ceiling fan in terms of the vertical 2013)) Specifically, DOE stated it would interpretation. Instead ALA proposed distance between the ceiling and the consider defining a hugger ceiling fan: defining a hugger fan as a fan ‘‘where lowest point on the fan blades. To as ‘‘a ceiling fan where the average the only option is for the motor to be account for the additional vertical vertical distance between the fan blades directly mounted to the ceiling’’. (ALA, distance between the average vertical and the ceiling fan is no more than [a No. 39 at p. 3–4) position of the fan blades and the lowest specified number of] inches’’. DOE In determining an appropriate point on the fan blades, DOE is received several comments on the boundary between hugger and standard proposing a modification to the vertical Framework Document regarding this ceiling fans, an analysis was conducted distance specified in the definition. definition. Most commenters, with the of all ceiling fans available from Hansen Based on DOE’s analysis, one additional exception of ALA, were generally Wholesale, an online wholesaler that inch is appropriate given the typical supportive of the proposed definition. sells a wide variety of ceiling fan width and pitch of a fan blade. The California investor-owned brands. Ninety percent of ceiling fans Therefore, DOE is proposing to define a utilities, including the Pacific Gas and described as hugger fans had blades that hugger ceiling fan as ‘‘a ceiling fan Electric Company, Southern California were an average distance of nine inches where the lowest point on the fan blades Edison, the San Diego Gas and Electric or less from the ceiling, suggesting that is no more than ten inches from the Company, and the Southern California nine inches may be an appropriate ceiling.’’ Gas Company (hereafter the ‘‘CA IOUs’’) threshold. By contrast, half of all ceiling agreed with the definition. (CA IOUs, fans that were described as standard 4. Definitions of Standard Ceiling Fan No. 45 at p. 2) Hunter, during the public ceiling fans had blades that were an and Multi-Mount Ceiling Fan meeting for the Framework Document, average distance of twelve inches or less In accordance with the definition of a suggested that DOE consider specifying from the ceiling, suggesting that a higher hugger ceiling fan, DOE is proposing to the definition in terms of maximum threshold may result in the define a standard ceiling fan as ‘‘a blade distance instead of average blade categorization of significant numbers of ceiling fan where the lowest point on distance from the ceiling. (Hunter, No. standard ceiling fans as hugger ceiling the fan blades is more than ten inches 9 at p. 32) Big Ass Fans (BAF) suggested fans. from the ceiling.’’ A multi-mount ceiling that DOE consider a minimum vertical Additionally, DOE agrees with Hunter fan would be defined as ‘‘a ceiling fan distance between the fan blades and that the maximum distance between the that can be mounted in both the

6 Underwriters Laboratories Inc. UL Standard for IL. (Last accessed February 24, 2014) http://www. comm-2000.com/ProductDetail.aspx? Safety for Electric Fans, UL 507. 1999. Northbrook, UniqueKey=8782.

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standard and hugger ceiling fan that would be exempt from performance consumption at high and low fan configurations.’’ standards. The current design standards speeds. DOE proposes to clarify that ceiling specified in EPCA would still apply to The Framework Document for the fans exist that can be mounted at more such fans. ceiling fan energy conservation than one height, but that do not include To ensure that any amended energy standards rulemaking requested at least one mounting option that meets conservation standards developed in the comment on defining ‘‘high,’’ that hugger ceiling fan definition and ongoing ceiling fan standards ‘‘medium,’’ and ‘‘low’’ speeds. (78 FR one option that meets the standard rulemaking account for any changes to 16443 (Mar. 15, 2013)) Few comments ceiling fan definition, would not meet the test procedure, DOE is proposing to were received on this topic, but the the definition of a multi-mount fan (e.g., consider standards based on the American Lighting Association (ALA) a ceiling fan where all mounting options measured ceiling fan efficiency suggested defining ‘‘high’’ as the highest result in the lowest point on the fan generated by the test procedure available fan speed and ‘‘low’’ as the blades being more than ten inches from proposed in this rulemaking. lowest available fan speed. (ALA, No. 39 at p. 2) 7 These suggested definitions the ceiling would be classified as a C. Existing Test Procedure standard ceiling fan). Such fans would appear reasonable, and DOE proposes to be tested as described in section III.E.5, As noted above, DOE’s test procedure define ‘‘high speed’’ as the highest whereas multi-mount fans would be for ceiling fans is codified at 10 CFR available speed, and to define ‘‘low tested as described in section III.F.2. 430.23(w) and 10 CFR part 430, subpart speed’’ as the lowest available speed. B, appendix U. The current DOE test Most low-volume ceiling fans have one B. Effective Date and Compliance Date procedure references the ‘‘ENERGY or more speeds between high and low, DOE is proposing amendments to its STAR Testing Facility Guidance but DOE proposes to measure only high ceiling fan test procedure in Appendix Manual: Building a Testing Facility and and low speeds to limit the testing U that would alter the way ceiling fans Performing the Solid State Test Method burden and avoid confusion regarding are currently tested and the dates for use for ENERGY STAR Qualified Ceiling the definition of medium speed for of the test procedures. Because DOE Fans,’’ version 1.1. DOE notes that ceiling fans with more than three does not currently have performance- ENERGY STAR has since revised its test speeds. based standards for ceiling fans as procedure, creating version 1.2 of DOE proposes to weight airflow and measured by the airflow efficiency, the ENERGY STAR’s guidance manual. power consumption at high and low proposals for Appendix U would not DOE’s proposed test procedure is speeds in the ceiling fan efficiency affect a manufacturer’s ability to comply consistent with the EPCA requirement metric for low-volume ceiling fans with current energy conservation that the test procedure for ceiling fans according to mean national hours of standards. be based on version 1.1, but the operation per day at each speed. Manufacturers would be required to proposal set forth in this rule adopts 2. High-Volume Ceiling Fans use the revised Appendix U for portions of version 1.2 as appropriate. representations of ceiling fan efficiency There are some slight differences For high-volume ceiling fans, DOE 180 days after the publication of any between the proposed DOE test proposes to calculate ceiling fan final amended test procedures in the procedure and the ENERGY STAR test efficiency based on measured airflow Federal Register. If DOE were to procedure. For instance, DOE proposes and power consumption at high speed. establish minimum energy conservation no modification in today’s rule to the High-volume ceiling fans are often not standards for ceiling fans as measured ceiling fan warm-up time at a given fan equipped with discrete speeds (e.g., in airflow efficiency in the concurrent speed. This means that the warm-up low, medium, and high). Instead, high- energy conservation standards time in the proposed DOE test volume ceiling fans may have a speed rulemaking, manufacturers would be procedure is the same as the 15 minute controller that is continuously required to use the revised Appendix U warm-up time specified in the current adjustable. Given that speeds other than for determining compliance with any DOE test procedure (and not the 30 high may be ill-defined, DOE is amended standards. minute warm-up time before low speed proposing to test high-volume ceiling DOE notes that the proposed changes specified in the ENERGY STAR test fans at high speed only. in interpretation of the ceiling fan procedure v1.2). 3. Incorporating Standby Power definition discussed above would result D. Proposed Metric Consumption in the applicability of the design standards set forth in EPCA at 42 U.S.C. DOE proposes to apply a metric, DOE is also addressing standby-mode 6295(ff)(1) to the following types of fans ceiling fan efficiency, to all ceiling fans. and off-mode power consumption of 30 days after the publication of any final The metric would be based on airflow ceiling fans in this NOPR. For both low test procedure adopting such changes in efficiency and would account for and high-volume ceiling fans, DOE interpretation: variations in fan design, fan speeds, and proposes to integrate standby-mode typical usage patterns. Airflow power consumption into the ceiling fan 1. Fans suspended from the ceiling using efficiency metric, as required by EPCA. a downrod or other means of suspension efficiency appears to be a universal such that the fan is not mounted directly to metric used to describe the efficiency of (42 U.S.C. 6295(gg)(2)(A)) EPCA defines the ceiling; ceiling fans and consists of airflow, i.e., ‘‘standby mode’’ as the condition in 2. Fans suspended such that they are the service provided by a ceiling fan, as mounted directly or close to the ceiling; measured in cubic feet per minute 7 A notation in this form provides a reference for 3. Fans sold with the option of being information that is in the docket of DOE’s (CFM), divided by power consumption, rulemaking to develop energy conservation suspended with or without a downrod; and which is measured in watts (W). 4. Fans capable of producing large volumes standards for ceiling fans and ceiling fan light kits (Docket No. EERE–2012–BT–STD–0045), which is of airflow. 1. Low-Volume Fans maintained at www.regulations.gov. This notation In the concurrent energy conservation For low-volume ceiling fans, DOE is indicates that the statement preceding the reference is document number 39 in the docket for the ceiling standards rulemaking for ceiling fans, proposing to calculate ceiling fan fan and ceiling fan light kits energy conservation DOE is considering a separate product efficiency based on the weighted standards rulemaking and appears at page 2 of that class for highly decorative ceiling fans average of airflow and power document.

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which an energy-using product: is kit, however, would be technically commonly used speed (on average 41% connected to a main power source, and infeasible, because doing so would of the time a fan is in operation), and offers one or more of the following user- cause the efficacy of the ceiling fan light low is the least commonly used speed oriented or protective functions: (1) The kit to differ from the efficacy of the (on average 22% of the time a fan is in ability to facilitate the activation or lamps in the light kit. Therefore, to operation). By contrast, the AcuPOLL deactivation of other functions account for this standby power survey did not inquire into the fraction (including active mode) by remote consumption, DOE proposes to attribute of time spent at each speed, instead switch (including remote control), all the standby power consumption of a asking respondents for a single internal sensor, or timer; and (2) ceiling fan with a ceiling fan light kit to ‘‘typical’’ speed. Therefore, the LBNL continuous functions, including the ceiling fan only. DOE requests survey provides a more disaggregated information or status displays comments on this approach. dataset on which DOE can base its usage (including clocks), or sensor-based Because DOE research and feedback profile. DOE proposes to use the daily functions. (42 U.S.C. 6295(gg)(1)(A)(iii)) from manufacturers indicates that there national-average hours of operation ‘‘Off mode’’ is the condition in which is no off-mode power consumption for reported in LBNL’s survey as the basis the ceiling fan is connected to a main these products, DOE is proposing not to for weighting energy consumption at power source and is not providing any include off-mode power in the ceiling high and low speed (see Table 2). To standby or active mode function. (42 fan efficiency metric. convert the values reported at high, U.S.C. 6295(gg)(1)(A)(ii)) 4. Operating Hours medium, and low in LBNL’s survey to DOE is proposing a test method for high and low speed only, DOE allocated measuring standby power consumption At the public meeting on the the operating hours reported for in both low-volume and high-volume Framework Document, Fanimation medium speed to high and low speeds fans (see section III.F.5). DOE proposes commented that most consumers use using the ratio of time spent at high and to incorporate the standby power value their [low-volume] ceiling fan at low or low speeds. DOE seeks comment on its obtained from this test into the overall medium speed, citing a social media proposed operating hours for calculating efficiency metric for the ceiling fan. poll. (Fanimation, No. 9 at p.68) In ceiling fan efficiency for low-volume DOE proposes to perform the standby- written comments on the Framework ceiling fans. mode test immediately following the Document, Capital Lighting stated that active mode test. For those ceiling fans the typical user operates a ceiling fan at For ceiling fans that operate in packaged with a light kit, this means low or medium speed. (Capital Lighting, standby mode, DOE assumes that the that the light kit will still be attached No. 27 at p. 3) Progress Lighting also ceiling fan is always activated by remote during standby-mode testing, i.e., the commented that high speed is not the and is, therefore, assumed to never be configuration will be the same as for most common mode of operation. ‘‘off.’’ This assumption is likely to have active mode testing. In the framework (Progress Lighting, No. 6 at p. 2) Hunter little impact on measured ceiling fan document, DOE proposed to assign all Fans and ALA both cited an AcuPOLL® efficiency, because it is DOE’s standby power consumption from a Precision Research, Inc. survey understanding that the majority of ceiling fan with a ceiling fan light kit to submitted by ALA and commissioned ceiling fans with built-in remotes do not the ceiling fan only. Further research by Hunter, which reports that low is the include built-in on/off switches and so has indicated that for the typical typical operating speed of about 30 cannot be placed into off mode. configuration in which a remote device percent of ceiling fans, that medium is Therefore, this split between standby controls a ceiling fan paired with a the typical speed of about 50 percent of and off mode is rarely, if ever, ceiling fan light kit, the remote provides ceiling fans, and that high is the typical applicable. equal service to each device—the ability speed of about 20 percent of ceiling To estimate the hours of operation to turn on/off/adjust—and it requires no fans. (ALA, No. 39 at p. 2 and Hunter, data for high-volume ceiling fans, DOE more or less energy to provide that No. 37 at p.3) used feedback from manufacturers service for the ceiling fan light kit than A report on ceiling fan energy use (the indicating that, while the hours of for the ceiling fan. The energy required Lawrence Berkeley National Laboratory operation may vary significantly across to provide that service depends on the (LBNL) titled ‘‘Ceiling Fan and Ceiling industry and application (e.g., nature of the remote receiver, and not Fan Light Kit Use in the U.S.’’ 8) warehouses or manufacturing facilities), on the features of the ceiling fan or suggests, however, that high speed may 12 hours per day spent in active mode ceiling fan light kit. This would suggest be the most commonly used speed. In may be a representative value. DOE, that if a ceiling fan and a ceiling fan the LBNL survey, a representative therefore, proposes to assume 12 hours light kit share a remote, it would be sample of more than 2,500 ceiling fan of daily operation in active mode for appropriate to attribute half of the users were asked to break down the high-volume ceiling fans. DOE seeks standby power to the ceiling fan. To fraction of ceiling fan on-time spent at comment and any available data on include standby power consumption in each speed, and the responses indicated operating hours for high-volume ceiling the efficacy metric of a ceiling fan light that in aggregate, high is the most fans.

TABLE 2—DAILY OPERATING HOURS FOR CALCULATING CEILING FAN EFFICIENCY

No standby With standby

Daily Operating Hours for Low-Volume Ceiling Fans

High Speed ...... 4.2 4.2 Low Speed ...... 2.2 2.2 Standby Mode ...... 0.0 17 .6

8 Kantner, C.L.S., S.J. Young, S.M. Donovan, K. in the U.S.—Results of a Survey on Amazon National Laboratory: Berkeley, CA. Report No. Garbesi. Ceiling Fan and Ceiling Fan Light Kit Use Mechanical Turk (2013) Lawrence Berkeley LBNL–6332E.

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TABLE 2—DAILY OPERATING HOURS FOR CALCULATING CEILING FAN EFFICIENCY—Continued

No standby With standby

Off Mode ...... 17 .6 0

Daily Operating Hours for High-Volume Ceiling Fans

Active Mode ...... 12 .0 12 .0 Standby Mode ...... 0.0 12 .0 Off Mode ...... 12 .0 0

5. Metric for Ceiling Fan Efficiency Low-volume ceiling fans: DOE proposes the following equations to determine ceiling fan efficiency.

Where: OHSb = operating hours in standby mode, and the future, DOE will consider WSb = power consumption in standby mode. CFMi = airflow at a given speed, amendments to the test procedure to OHi = operating hours at a given speed, DOE is not aware of any low-volume accommodate these fans, where other Wi = power consumption at a given speed, ceiling fans with continuously variable speeds may not be well-defined, as H = high speed, speed control currently on the market. needed. L = low speed, If such ceiling fans are manufactured in High-volume ceiling fans:

Where: the test procedure to account for power the Northwest Energy Efficiency

CFMH = airflow at high speed, factor. Alliance (NEEA) commented that DOE should develop a test procedure that OHA = operating hours in active mode, E. Other Proposed Modifications to includes measurements of airflow WH = power consumption at high speed, Current Test Procedure OHSb = operating hours in standby mode, and efficiency at multiple fan speeds. These WSb = power consumption in standby mode. 1. Clarification That Low-Volume commenters presented ENERGY STAR Ceiling Fans Should be Tested at High data at different fan speeds, arguing that 6. Power Factor and Low Speeds airflow efficiency at a given speed is not DOE proposes to require testing at necessarily a good predictor of airflow DOE received a comment in response high and low fan speeds for low-volume efficiency at other speeds. (ASAP, to the Framework Document from ceiling fans because low-volume ceiling NCLC, NRDC, and NEEA, No. 14 at pp. PG&E, SCGC, SDG&E, and SCE (CA fans typically have more than one speed 4–5) ALA commented that the IOUs) stating that evaluation of power setting that may be selected by the assumption is being made that the factor should be included in the test consumer. Such an approach would testing mentioned is for ENERGY STAR procedure for ceiling fans due to the allow the ceiling fan efficiency metric to qualification; if that assumption is true, impact of power factor on power quality be representative of average use. The then high is the only speed that needs and transmission efficiency of the current DOE test procedure for ceiling to be tested because it is always the least electric grid. CA IOUs also commented fans allows for testing at all available efficient of the speeds. (ALA, No. 39 at that the significance of power factor fan speeds but does not specify how p.11) Progress Lighting noted that increases as brushless permanent many speeds should be tested. In the testing at multiple speeds is already magnet motors become more popular. Framework Document for the ceiling required by both Energy Star and (CA IOUs, No. 12 at p.5) DOE fans energy conservation standards California Title 20. (Progress Lighting, acknowledges that phase shifts rulemaking, DOE considered testing at No. 6 at p.3) introduced into the grid by loads could one or multiple ceiling fan speeds and In assessing how many speeds should theoretically increase power production sought comment. A number of be tested, DOE notes that data from and transmission system demands. commenters weighed in on this subject, Hunter Fans (included in a 2004 report However, it is the net impact of many with some in favor of testing at multiple by Pacific Gas and Electric (PG&E), loads that ultimately determines the speeds and others in favor of testing at ‘‘Analysis of Standards Options For impact, which in turn depends on a a single speed. Ceiling Fans’’) suggest that high speed is dynamically changing load mix. DOE is The Appliance Standards Awareness usually, but not always, the least- not aware of field data quantifying the Project (ASAP), the National Consumer efficient speed. For 4 out of 26 ceiling impact of power factor on the electric Law Center (NCLC), the National fans tested, low speed was actually the grid. DOE is not proposing a change in Resources Defense Council (NRDC), and least-efficient speed setting, and the

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variability of efficiency at low speed available speeds. The airflow in a standard test set-up for low-volume was significantly larger than at high measurements indicated a difference of ceiling fans to ensure an appropriate speed, suggesting more opportunity for 2–10 percent between the two testing measurement for comparison to a improvement in efficiency at low speed. scenarios, but there was no consistent standard low-volume ceiling fan. (BAF, DOE is obligated to have a test dependence on ceiling fan size or fan No. 43 at p.2) procedure that reflects ‘‘a representative speed. The calculated variance of the DOE conducted testing on ceiling fans average use cycle or period of use’’, but measurement data, however, was almost advertised as hugger fans both with and which is not ‘‘unduly burdensome to 20 percent lower overall when testing without a false ceiling in place. Having conduct’’. (42 U.S.C. 6293(b)(3)) Testing without a test cylinder, suggesting that a false ceiling in place for these fans at more than one speed allows for a testing without a cylinder is a resulted in a 30-percent to 50-percent more representative indication of ceiling statistically less noisy approach to decrease in measured airflow compared fan efficiency and increases the measuring airflow. This difference in to testing without a false ceiling. One usefulness of efficiency labels for measurement error could perhaps be ceiling fan was tested in both the hugger consumers. Additionally, as high speed due to turbulence created by the and standard configurations with a false is not always the least-efficient speed, interaction of the airflow with the side ceiling in place, in addition to being DOE proposes to test at both high and of the test cylinder. tested without a false ceiling. For this low speeds. The proposed approach Because testing without a test fan, a 50-percent reduction in airflow would limit the test burden and cylinder appears to be a more accurate was found in the hugger configuration maintain a consistent test burden for all approach to measuring airflow and more with the false ceiling in place when low-volume ceiling fans, the vast closely simulates installed usage compared to the airflow from the same majority of which have between three conditions than with a cylinder in fan without a false ceiling. When tested and six speeds. Testing specifically at place, DOE proposes to eliminate the in the standard configuration with the the highest and lowest available speeds, requirement to test with a test cylinder. false ceiling in place, a 35-percent instead of at three speeds, would also This reduces test burden for reduction in airflow was still observed avoid any ambiguity regarding the manufacturers who may want to when compared to the airflow from the definition of medium speed for ceiling introduce new ceiling fan sizes and same fan without a false ceiling. The fans with more than three speeds. DOE would otherwise have to pay for a new implication was that the presence of a requests comment on testing low- test cylinder, as well as reducing false ceiling had a larger impact on volume ceiling fans at the highest and potential market distortions that would airflow than switching from the lowest fan speeds. favor ceiling fans at sizes corresponding standard to the hugger configuration. to existing test cylinders. Additionally, Using a false ceiling when testing all 2. Elimination of the Requirement for a this would more closely harmonize with low-volume ceiling fans is more Test Cylinder To Be Used During the test procedure for high-volume representative of actual ceiling fan use Testing ceiling fans (see section III.F.1), which in a home, where fans are mounted A test cylinder is included in the does not include a test cylinder. directly to the ceiling. Using a different experimental setup of the current DOE DOE proposes that the effective area experimental setup for hugger fans than test procedure for ceiling fans. Its and the number of sensors used to for other low-volume ceiling fans would intended purpose is to control the measure airflow for a given ceiling fan also affect efficiency representations on direction of airflow. During the public would still be the same as in the current the labels of different types of ceiling meeting for the Framework Document in test procedure—that is, the effective fans and result in market the ceiling fans energy conservation area over which airflow is calculated representations of ceiling fan efficiency standards rulemaking, Hunter Fans would be a circle 8 inches larger in that cannot be readily compared. Such commented that there was little diameter than the fan blade span. The an approach would potentially put fans variation in airflow test results distance between the ceiling fan blades tested with a false ceiling (such as regardless of whether a test cylinder was and the air velocity sensors also would hugger or multi-mount ceiling fans) at a used when conducting testing under the not change. The test cylinder would competitive disadvantage compared to DOE test procedure. (Hunter, No. 9 at simply not be installed prior to testing. standard ceiling fans. While this change p.56) In a written comment on the to the test procedure would involve a 3. Addition of a False Ceiling to the Framework Document, ALA stated that: one-time test burden for testing facilities Experimental Set-Up (1) Test results from a certified to install a false ceiling, it should not laboratory found that the measured CFM In the Framework Document, DOE result in an additional cost per test (cubic feet per minute) [at high speed] suggested investigating methodologies thereafter. on 28 different test samples (various for testing hugger ceiling fans (i.e., fans DOE also compared the effect on diameters) using the specified cylinder mounted very close to the ceiling) and airflow measurements of having a false (with a diameter 8’’ larger than the fan mentioned the existence of a hugger fan ceiling in place that was 8 inches versus diameter) vs. no cylinder at all varied on test method in CAN/CSA–C814–10, 16 inches larger in width and breadth average by 1.1 percent without the use ‘‘Energy Performance of Ceiling Fans,’’ than the blade span of the ceiling fan. of the cylinder; (2) the standard which includes a false ceiling in the test DOE found no appreciable reduction in deviation was 1.0 percent and the max/ set-up.9 The comments received on this airflow with a larger false ceiling in min was 3.1/0.1 percent respectively; (3) topic were generally in favor of testing place. This implies that a false ceiling based on these data, the manufacturers with a false ceiling, although Big Ass 8 inches larger than the blade span of a suggest that use of the cylinder should Fans commented that it is important to ceiling fan is sufficiently large to not be required. (ALA, No. 39 at p.9) maintain the same distance between the approximate a ceiling. To determine the effect of the test ceiling fan blades and the test sensors as DOE proposes to test all low-volume cylinder on airflow measurements, DOE ceiling fans with the addition of a false conducted testing on three ceiling fans 9 Canadian Standards Association. CAN/CSA– ceiling directly above the ceiling fan. C814–10—Energy Performance of Ceiling Fans. both with and without a test cylinder. 2010. (Last accessed February 24, 2014) http://shop. The distance between the lowest point The 44-inch, 52-inch, and 56-inch csa.ca/en/canada/energy-efficiency/cancsa-c814- on the ceiling fan blades and the air ceiling fans used were tested at all three 10/invt/27005372010. velocity sensors should be the same as

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in the current DOE test procedure. The on low speed. Therefore, to avoid the 7. Revision of the Allowable Tolerance length and breadth of the false ceiling potential ambiguity of the phrase for Air Velocity Sensors Used During should be at least 8 inches larger than ‘‘middle of blade tip,’’ DOE proposes to Testing the blade span of the ceiling fan. DOE instead define the vertical gap in terms As noted in the Framework Document seeks comment on its proposal to add a of the distance between the lowest point for the ceiling fans energy conservation false ceiling to the experimental setup on the ceiling fan blades and the heads standard rulemaking, the current DOE for all low-volume ceiling fan testing. of the air velocity sensors. This would test procedure incorporates by reference 4. Clarification of the Distance Between apply to all low-volume ceiling fan ENERGY STAR guidance manual v1.1, the Ceiling Fan Blades and the Air blades to ensure a congruent test for which requires air speed sensors with Velocity Sensors airflow. an accuracy of +/¥ 1 percent or better. ENERGY STAR guidance manual v1.2, 5. Clarification of the Appropriate Fan As the Framework Document for the however, requires air speed sensors Configuration During Testing for Low- ceiling fans energy conservation with an accuracy of only +/¥ 5 percent standard rulemaking notes, the test set- Volume Ceiling Fans or better. The Framework Document up for the current DOE test procedure suggested that the appropriate tolerance assumes that ceiling fan blades are DOE research indicates that a number may need to be reevaluated.10 reasonably flat.10 The test procedure of low-volume ceiling fans can be mounted at more than one height while ALA commented that ceiling fan specifies that a test cylinder is to be manufacturers are of the opinion that hung below the ceiling fan such that still being classified as either a standard or hugger ceiling fan (rather than the accuracy sensor specified in the there is a 6-inch vertical gap between current ENERGY STAR guidance meeting DOE’s definition of a multi- the middle of the fan blade tips and the manual (+/¥ 5%) is acceptable, but mount fan). As an example, a ceiling fan top of the test cylinder. Without a test they recommended that a test fan be that can be mounted at three different cylinder in place, this is effectively a distributed among all laboratories specification of the vertical gap between heights, all of which result in the lowest certified to perform DOE’s ceiling fan the middle of the fan blade tips and the point on the fan blades being more than test procedure and that testing be heads of the air velocity sensors. It may ten inches from the ceiling, would be conducted to ensure that all of the labs be unclear as to how the ‘‘middle of classified as a standard ceiling fan. correlate. (ALA, No. 39 at p. 7) blade tip’’ measurements should be Therefore, DOE proposes to clarify that To determine whether sensor made for fans having non-flat blades or if more than one mounting option is accuracy affects airflow measurements, unusual shapes. included with a fan that would meet the DOE compared the variation in mean air ALA commented in response to the definition of a standard low-volume speeds when testing with sensors with Framework Document that: (1) The ceiling fan, that ceiling fan should be different accuracy ratings and manufacturers suggest maintaining the tested in the configuration with the investigated the variation in raw air same test methodology regardless of smallest distance between the ceiling speed readings from a single sensor blade shape; (2) while nontraditional and the lowest part of the fan blades. type. First, DOE compared the average blade shapes may affect airflow, they Similarly, if more than one mounting air speeds reported by two different test should not be tested differently based option is included with a fan that would laboratories for the same ceiling fan. on improved or reduced airflow meet the definition of a hugger low- One laboratory used sensors matching capability; and (3) changing the test volume ceiling fan, that ceiling fan the tolerance allowed by ENERGY STAR method based on blade shape could should be tested in the configuration guidance manual v1.2: the maximum of potentially create advantages or with the smallest distance between the 5 percent of the reading or 1 percent of disadvantages, so a uniform method is ceiling and the lowest part of the fan the full-range sensor accuracy. The suggested. (ALA, No. 39 at p.9) blades. DOE seeks data and comment on other laboratory used sensors with a DOE performed tests to assess the better accuracy: the maximum of 2 impact of measuring airflow using a how these fans are actually configured in the field. percent of the reading or 0.5 percent of vertical distance measured from the the selected range. If the uncertainty in bottom of the blade tip compared to a 6. Clarification of the Test Method for mean air speed was due to sensor vertical distance measured from the Ceiling Fans With Heaters accuracy, the ratio of the standard errors middle of the blade tip. Airflow was between the labs should have been measured for two 52-inch fans on low, The Framework Document for the similar to the ratio of sensor accuracies medium, and high speeds in the two ceiling fans energy conservation (i.e., 5:2). DOE found, however, that different vertical distance standards rulemaking noted that some both laboratories had a similar standard configurations. One fan was chosen ceiling fans are sold with combined error of mean air speed, which specifically for having a nontraditional heating elements, although the extent to significantly exceeded the expected curved blade shape with an ambiguous which such heaters are used is error due to sensor accuracy. Second, middle of the blade tip. Testing for both unclear.10 DOE preliminarily concluded DOE investigated the coefficients of fans indicated that measurements of that it would not consider the power variation for raw air speed airflow using the two configurations consumption by the heater in the measurements from several ceiling fans were consistent to within 3 percent on rulemaking and asked for comment. The tested in a single laboratory. The medium and high speeds and 6 percent only comment received on this topic coefficients of variation were supported DOE’s planned approach. approximately ten times greater than 10 U.S. Department of Energy—Office of Energy (ALA, No. 39 at p. 11) DOE proposes to Efficiency and Renewable Energy. Energy would be expected if the measurement Conservation Program for Consumer Products: clarify that during testing, any ceiling uncertainty came only from the sensor Framework Document: Energy Efficiency Program fan packaged with a heater should be accuracy. for Consumer Products: Energy Conservation tested with the heater in place Based on these analyses, DOE Standards for Ceiling Fans and Ceiling Fan Light (representative of the configuration Kits. March 2013. Washington, DC http://www. concluded that the variation in regulations.gov/#!documentDetail;D=EERE-2012- when the fan is used by a consumer) but measured air speed was not greatly BT-STD-0045-0002. switched off. affected by the accuracy of the sensors

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used in the two test laboratories. As a incorporating AMCA 230–12 by availability of suitable third-party result, there appears to be no reason to reference. It appears plausible to test testing facilities that can conduct the require the use of sensors with accuracy even large high-volume ceiling fans proposed test procedure and the ability better than +/¥ 5 percent of the reading. according to such a test procedure, with to develop such facilities. some modification to the specified room Accordingly, DOE proposes to change 2. Addition of a Test Method for Low- dimensions. DOE proposes to modify the sensor tolerances from the current Volume Multi-Mount Ceiling Fans test procedure value of 1 percent to 5 the specified room dimensions for high- percent. volume ceiling fans in the following DOE is proposing to define multi- ways: (1) The minimum distance mount ceiling fans as ceiling fans that F. Proposed Additional Test Methods between the ceiling and the blades of a can be mounted in both the standard 1. Addition of a Test Method for High- ceiling fan being tested is 44 inches for and hugger ceiling fan configurations Volume Ceiling Fans all blade diameters, (2) ceiling fans (see Section III.A.4). The Framework larger than 6 feet in diameter must have Document for the ceiling fans energy High-volume ceiling fans (where conservation standards rulemaking volume refers to airflow volume) are a 20 foot clearance between the floor and the blades of the fan being tested, suggested that multi-mount ceiling fans typically offered in a range of diameters should be tested with the fan installed from 36 inches to 24 feet. The large size and (3) for ceiling fans larger than 6 feet in diameter, the minimum distance in the hugger configuration. (78 FR of some high-volume ceiling fans cannot 16443 (Mar. 15, 2013)) be accommodated by existing ceiling fan between the centerline of a ceiling fan being tested and walls and large ALA commented that multi-mount test facilities for low-volume ceiling ceiling fans should be tested in the fans without significant modifications. obstructions all around is half the ceiling fan blade span plus 10 feet. The standard ceiling fan configuration. ALA In some cases, the ceiling fans would cited the AcuPOLL survey, which simply not fit into the test room. proposed requirement for a minimum distance between the ceiling and the indicates that 73 percent of multi-mount AMCA 230, ‘‘Laboratory Methods of ceiling fans are installed in the standard Testing Air Circulating Fans for Rating blades would mean that even the largest ceiling fans, at 24 feet in diameter, configuration. (ALA, No. 39 at pp.8–9) and Certification,’’ is the industry test ALA also suggested that, if needed, a procedure for high-volume ceiling fans. would have a clearance of at least 15 percent of the fan blade diameter, and statement can be added to show which The test procedure describes a ceiling configuration was used for the CFM test. fan hung from a load cell. When the that the clearance will be roughly equivalent to the clearance for low- King of Fans (KOF) commented that it ceiling fan is turned on, the measured does not agree with testing the volume ceiling fans. The proposed change in force on the load cell allows multi-mount fans in the hugger/flush minimum clearance between the blades thrust to be calculated, and AMCA 230 mount configuration, as it can make the and the floor is based on the typical provides an equation for calculating multi-mount fans (which provide a installation environment for fans larger airflow based on thrust. This is a consumer benefit) noncompetitive with than 6 feet in diameter. Distances different approach than the current DOE fans that do not have the flush mount greater than 20 feet could impose testing test procedure for low-volume ceiling option, at least in terms of reported burden by requiring very tall testing fans, which measures air velocity energy efficiency. KOF stated that rooms. Additionally, a distance of 20 directly. Given the large dimensions of testing multi-mount fans in this manner feet between the floor and the fan blades some high-volume ceiling fans, an would cause the CFM ratings to be approach based on AMCA 230 is one of the distances recommended by 11 affected, which may in turn cause a (requiring only a load cell) appears to be researchers on this topic. The customer to default to a higher-rated more practical than an approach based proposed minimum clearance laterally CFM product; this would put the on the current DOE test procedure for about the blades is designed to balance multi-mount fans at a competitive low-volume ceiling fans, which requires the need for unobstructed airflow disadvantage. (KOF, No.42 at p.1) an array of sensors. patterns in the room with not requiring Progress Lighting also commented that The latest version of the AMCA 230 a testing facility that would be multi-mount ceiling fans should be test procedure (AMCA 230–12) specifies excessively burdensome to create. DOE tested in the standard configuration, that it is to be applied to ceiling fans 6 seeks comment on these proposed stating that customized configurations feet in diameter or smaller. A previous changes to the room specifications. have many variables that cannot be DOE is not aware of any third-party version of AMCA 230 (AMCA 230–07), controlled for in the analysis. (Progress testing facility that currently tests large- however, allows for testing larger ceiling Lighting, No. 6 at pp.2–3) fans with no restriction on fan size, diameter, high-volume ceiling fans. The On the other hand, CA IOUs using a modified version of the test large amount of space required to suggested establishing two performance procedure. In the modified version, the conduct the proposed test procedure standards for multi-mount ceiling fans: restrictions on the room dimensions may be the primary constraint in (1) one for when the fan is in the hugger with respect to the fan size are relaxed establishing such a test facility. For position (same as the hugger product and not specified. Even for those ceiling example, the proposed room class standard), and (2) another for fans with diameters in the 20–24 feet requirements for a ceiling fan 24 feet in when the fan is in a standard position. range, performance specifications (such diameter are a room that is at least 44 (CA IOUs, No. 12 at p. 2) as airflow and airflow efficiency) can be feet square, that is free of large Since multi-mount ceiling fans can be found on Web sites and in manuals of obstructions, and has a ceiling height of installed in either standard or hugger several manufacturers, suggesting that it approximately 24 feet. DOE requests configuration, DOE proposes to test low- is possible to test ceiling fans with large information on how manufacturers volume multi-mount ceiling fans in both diameters. currently test large-diameter, high- configurations: (1) In the configuration For ceiling fans up to 24 feet in volume ceiling fans, as well as the that meets the definition of a standard diameter, DOE proposes testing high- ceiling fan, while minimizing the 11 Rohles, F.H., Jr., J.E. Laviana, T.E. Shrimplin, volume ceiling fans in keeping with Assessing Air Velocities from the Industrial Ceiling distance the ceiling and the lowest part industry practice, using a test procedure Fan (1986). ASHRAE Transactions, vol. 92, pt. 1A: of the fan blades, and (2) in the based on AMCA 230–12, and San Francisco, CA. configuration that meets the definition

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of a hugger ceiling fan, while that the fan heads that are not tested do meeting point of the four sensor axes, minimizing the distance between the not have any characteristics that are the individual fan heads of a multi-head ceiling and the lowest part of the fan different from those of the tested fan fan are displaced from where the sensor blades. DOE seeks comment on whether head that affect efficiency (similar to the axes meet, and airflow may not be manufacturers should be required to test language used for determining ‘‘basic adequately measured because the multi-mount ceiling fans in the standard models’’). Furthermore, ASAP, NCLC, sensors are no longer directly beneath configuration, hugger configuration, NRDC, and NEEA suggested that, for the the fan heads. This will likely both configurations, or all case where individual fan heads do underestimate the airflow directly configurations for which they are have different characteristics that affect underneath the fan heads. This problem capable of being installed. efficiency, multiple fan heads would would be compounded for multi-head need to be tested. (ASAP, NCLC, NRDC, fans with more than two fan heads. This 3. Addition of a Test Method for Multi- and NEEA, No. 14 at p. 4) suggests that testing an individual fan Headed Ceiling Fans CA IOUs recommended conducting head, and multiplying by the number of In the Framework Document for the testing with multiple fan heads running fan heads, may yield a more ceiling fans standards rulemaking, DOE simultaneously to account for representative measurement. discussed the challenges presented interactive effects, stating that testing Additionally, DOE recognizes that regarding testing of multi-head ceiling only one fan head could be overlooking testing large multi-head fans with all fan fans.10 One challenge is that the variable a significant drop in fan performance heads operating simultaneously is not geometry of multi-head fans may make that DOE should take into account. (CA feasible due to the size constraints of it difficult to compare test results among IOUs, No 12 at p.3) testing facilities and the number of either different types of multi-head To assess the impact of measuring sensors required to adequately measure ceiling fans or between multi-head fans airflow and power consumption based the fan’s velocity profile. In light of this and fans with a single head. Another on a single fan head versus more than testing constraint, and the possibility challenge is that the effective blade span one head operating simultaneously, that the sensor apparatus will not yield of some multi-head ceiling fans may DOE conducted a series of tests on a representative results because it is exceed the area that can currently be multi-head ceiling fan with two designed to measure airflow near the tested with air velocity sensors. DOE identical fan heads. The ceiling fan intersection of the sensor axes, DOE stated that it was considering testing system was first tested with both fan proposes to test multi-headed ceiling only one of the ceiling fan heads, with heads operating simultaneously, with fans by testing a single fan head, with the other fan head motors turned off, the midpoint of the fan system centered the fan head in the same position as and treating the fan head like a standard where the four sensor axes meet. The when a fan with a single head is tested, single-head ceiling fan. The airflow and fan heads were oriented along the A–C such that it is directly over sensor 1 (i.e., power consumption associated with one sensor axis and faced straight at the center of the test set-up, where the head could then be multiplied by the downwards. Next, with the ceiling fan four sensor axes meet). This can be number of fan heads in the multi-head system still in the same position and accomplished by either offsetting the ceiling fan. DOE asked for comment on orientation, DOE measured the results entire false ceiling, or the multi-head this approach. Comments on the for each individual fan head with the fan with respect to the false ceiling, as Framework Document were generally in other fan head turned off via a switch long as the requirement that the false favor of testing a single fan head for a on the center housing of the fan. In ceiling extend at least 8 inches beyond multi-head fan, with some exceptions. addition to airflow measurements, DOE the blade span of the centered fan head In its comments, Fanimation recorded the power consumption of the is maintained. Supporting chains, wires, recommended that DOE test only one of fan system for each test. or ropes may be used to keep the false the ceiling fan heads, with the other fan Overall, the airflow velocity profile ceiling level, if the multi-head ceiling head motors turned off, treating the fan for the two fan heads turned on fan is offset with respect to the false head like a standard single-head ceiling simultaneously was roughly similar to ceiling. The distance between the air fan. Fanimation further suggested that: the sum of testing each fan head velocity sensors and the fan blades of (1) The airflow and airflow efficiency individually. Tests with individual fan the centered fan head should be the could be rated for the individual head, heads produced more airflow along the same as for all other low-volume ceiling and (2) the total airflow for multiple outermost sensors along the A–C axis. fans. Switching on only the centered fan heads could be determined by Both heads running simultaneously head, the airflow measurements should multiplying the airflow from one fan by directed more air towards the center of be made in the same manner as for all the number of heads, assuming all are the system. Compared to the sum of other low-volume ceiling fans. of equal construction and diameter. measurements from individual fan If a multi-head ceiling fan includes Fanimation concluded that no heads, the test done with both heads more than one type of ceiling fan head, alternative testing strategy is necessary running simultaneously measured 7–20 then at least one of each unique type and that testing multiple fan heads percent less total airflow, depending on should be tested. Differences in fan head would be overly burdensome. fan speed. construction such as housing, blade (Fanimation, No. 32 at p. 3) ALA However, DOE notes that multi-head pitch, or motor could affect air commented that, provided the fan ceiling fans are designed to provide movement or power consumption and blades of each fan head turn at airflow over a larger area than single- would constitute a different type of fan approximately the same RPM head fans. When testing multiple fan head. If all the fan heads are of the same (revolutions per minute), it suggests heads simultaneously, it is unclear type, then only one fan head needs to measuring the CFM of one fan head and whether the airflow measurements be tested. The airflow at a given speed multiplying the results times the total made by sensors designed to capture the should be measured for an individual number of fan heads. (ALA, No. 39 at airflow of an individual fan head is an head, and total airflow determined by p.10) adequate representation of the airflow multiplying the results by the number of ASAP, NCLC, NRDC, and NEEA that consumers with a multi-head fan fan heads of each type. commented that one potential approach may experience. Unlike a single-head DOE also assessed the potential for would be for manufacturers to certify ceiling fan, which is centered on the measuring the power consumption of a

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single fan head, and then multiplying by that: (1) The manufacturers recommend For ceiling fans where the airflow is the total number of fan heads to that the velocity of the air must be not directed vertically, DOE proposes to determine total power consumption. measured perpendicular to the flow of clarify that the ceiling fan head should DOE found that the power consumption the air, and (2) if a ceiling fan, installed be adjusted such that the airflow is as measured for one individual fan head as intended, is constructed such that the vertical as possible prior to testing so was 75 percent of the power airflow is not directed vertically, then that the measured airflow is consumption measured when both fan steps must be taken through special representative of airflow in the direction heads operated simultaneously. As fixtures or other acceptable means to the fan head faces during normal such, measuring the power position the fan head so that the airflow operation. The distance between the consumption of one fan head and is directed vertically for measurement lowest point on the blades and the air multiplying by the number of fan heads purposes. (ALA, No. 39 at p. 11) velocity sensors should be the same as would significantly overestimate the for all other low-volume ceiling fans. Regarding this issue, DOE conducted power consumption of both fan heads For ceiling fans where a fully vertical tests of a fan head with an adjustable tilt operating simultaneously. Therefore, the orientation of airflow cannot be power consumption at a given speed to explore the impact of measuring achieved, DOE proposes to orient the should be measured with all ceiling fan airflow at an angle other than directly ceiling fan such that any remaining tilt heads turned on. It is not necessary to downward. In comparison to airflow is aligned along one of the four sensor measure power consumption at multiple measurements of the fan head directed axes. Instead of measuring the air airflow sensor arm positions, however. straight down, tilting the fan head at a velocity for only those sensors directly An average over 100 seconds with the 15-degree angle along the A-axis shifted beneath the ceiling fan, the air velocity sensor arm in any position is sufficient, the velocity profile along the A–C axis should be measured at all sensors along given the relatively low variability of and reduced the airflow measured along that axis, as well as the axis oriented the wattage measurement. the B–D axis. Average measurements 180 degrees with respect to that axis. The effective blade span for a multi- from all four sensor axes result in Using the same total number of sensors head ceiling fan is the blade span of an airflow measurements that are 6–17 as would be utilized if the airflow was individual fan head, if all fan heads are percent lower than that measured directly downward, the airflow should the same size. If the fan heads are of directly downward, depending on fan be calculated based on the continuous varying sizes, the effective blade span is speed. The systematically lower set of sensors with the largest air the blade span of the largest fan head. measurements are not unexpected, since velocity measurements. For example, if most of the airflow in the tilted the tilt is oriented along axis A, air 4. Addition of a Test Method for Ceiling configuration was offset from the center velocity measurements should be taken Fans Where the Airflow Is Not Directed of the four axes along the A-axis. Due to for all sensors along the A–C axis. The Vertically constraints on the arrangement of the air velocity measurements would As noted in the Framework Document sensor axes, sensors are not in an normally be drawn from a symmetric set for the ceiling fans standards appropriate position to measure airflow of sensors for each axis, but because of rulemaking, DOE has observed that in the direction perpendicular to the A– the tilt, the air velocity may be some ceiling fans on the market can be C axis. However, DOE found that using maximized for a set of sensors offset by oriented in various positions that direct average measurements from only those several sensor positions along the A the airflow and that sometimes the fans sensors which maximize airflow along axis. See Figure 1 for an example. The cannot be oriented such that airflow is the A–C axis improved agreement with air velocity results from that offset series directed straight down (i.e., the typical measurements of the fan directed of sensors would be substituted for the configuration).10 A non-vertical straight down to within 2–10 percent. typical symmetric set in order to orientation could result in some of the This calculation assumes that, if sensors calculate total airflow, for both the A– airflow produced being undetected by were placed in the appropriate positions C axis as well as the B–D axis. The the airflow sensors directly beneath the along the orthogonal axis, the airflow effective area used to calculate airflow ceiling fan. In response to the measurements would be the same as would be the same as for an untilted Framework Document, ALA commented along the A–C axis. ceiling fan with the same blade span.

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Given that many of the ceiling fans the addition of at least 40 minutes to the at p.13) Zero power consumption in off that cannot achieve vertical airflow are test procedure for those fans subject to mode is also supported by the UL safety multi-headed fans, using an adjustable standby testing. Because this may result standard for electrical fans (UL 507), mount to achieve a vertical orientation in an excessive test burden for these which covers ceiling fans, and which may be experimentally impractical. ceiling fans, DOE proposes to says that fans must include an air-gap Additionally, making significant incorporate IEC 62301 by reference, but switch which would open the circuit adjustments to the tilt beyond what the reduce the interval of time over which and provide no off-mode power ceiling fan is capable of achieving when testing occurs, as well as the period of consumption.6 Because there appears to installed may not provide an accurate time prior to standby testing. DOE be no off-mode energy consumption for representation of expected airflow to a proposes to wait three minutes after ceiling fans, DOE proposes not to potential consumer. For ceiling fans that active mode functionality has been conduct testing of off-mode power cannot achieve vertical airflow, switched off to begin the standby-mode consumption. test and then to collect data for 100 directing the airflow as downward as G. Certification and Enforcement possible, even if the airflow is not seconds. By that point in the test vertical, may be the most realistic procedure, the ceiling fan will have Ceiling fan manufacturers must representation of expected airflow for already been energized for over 30 submit certification reports on products potential consumers. minutes for the active mode test (15 before they are distributed in commerce minute warm-up plus more than 15 per 10 CFR 429.12. Components of 5. Addition of a Test Method for Power minutes for each speed tested), so DOE similar design may be substituted Consumption in Standby Mode believes additional warm-up time is without additional testing, if the DOE proposes to add standby-mode unnecessary. The 100 second duration substitution does not affect the energy power consumption testing for low- for standby-mode testing matches the consumption of the ceiling fan. (10 CFR volume and high-volume ceiling fans. requirement for active mode testing at 429.11) Ceiling fan certification reports Specifically, standby-mode testing each sensor arm position. must follow the product-specific would be applicable to any ceiling fan Standby power consumed by low- sampling and reporting requirements sold with hardware to maintain any of volume ceiling fans appears to be fairly specified in 10 CFR 429.32. If any the standby functions defined in 42 minimal. DOE conducted standby amended test procedures are finalized, U.S.C. 6295(gg)(1)(A)(iii)(II). power testing on four low-volume and consistent with the dates specified For low-volume ceiling fans, DOE’s ceiling fans with remote control for use in section III.B., ceiling fan research suggests that standby mode receivers and found an average standby manufacturers would be required to typically exists for only those low- power consumption of approximately calculate ceiling fan efficiency utilizing volume ceiling fans that include a radio 0.81 watts. Additionally, ALA provided the calculations provided in revised frequency (RF) receiver to facilitate comments to the Framework Document Appendix U and follow the reporting interaction with a remote controller. indicating that low-volume ceiling fans requirements provided at 10 CFR 429.32 DOE understands that high-volume with wireless remote controls typically for each ceiling fan model. As discussed in sections III.A.1. and ceiling fans, on the other hand, often have standby power consumption of III.B., the proposed changes in have power consumption in standby 1.4W. (ALA, 39 at pg.13) Given that interpretation of the ceiling fan mode even if they do not include a standby power consumption is fairly definition discussed above would result remote control: For example, if they minimal, but does require some in the applicability of the design utilize a variable frequency drive (VFD) additional testing, an alternative standards set forth in EPCA at 42 U.S.C. to control the speed of the motor. approach to accounting for standby 6295(ff)(1) to the following types of fans Standby testing would be required, and power consumption would be to use a 30 days after the publication of any final included in the metric, for any high- representative value, such as the 1.4 W test procedure adopting such changes in volume ceiling fan with a VFD, as well estimate provided by ALA. However, interpretation: as any high-volume ceiling fan with a the additional testing for standby mode remote control. DOE requests comment would take less than 5 minutes, be 1. Fans suspended from the ceiling using on this approach. conducted immediately after active a downrod or other means of suspension mode testing, and requires no additional such that the fan is not mounted directly to For both low and high-volume ceiling the ceiling; fans, the standby test would be equipment, so the testing burden would be minimal. DOE requests comment on 2. Fans suspended such that they are performed following testing in active its approach to standby-mode testing mounted directly or close to the ceiling; mode and would require putting the and the appropriateness of testing 3. Fans sold with the option of being ceiling fan in standby mode (if suspended with or without a downrod; and standby power for ceiling fans. controlled by a remote control or other 4. Fans capable of producing large volumes In the Framework Document for the of airflow. sensor) and measuring the input power ceiling fans energy conservation draw. As required by 42 U.S.C. 6295 rulemaking, DOE said that it In the concurrent energy conservation (gg)(2)(A), DOE considered the most understands that ceiling fans have no standards rulemaking for ceiling fans, current versions of Standards 62301 and off-mode power consumption, and thus DOE is considering creating a separate 62087 of the International off-mode power consumption would not product class for highly decorative Electrotechnical Commission (IEC) as a need to be included in the test ceiling fans that would be exempt from basis for standby-mode testing. DOE procedure or in the metric, and asked performance standards. The current considered IEC 62087 and determined for comment.10 DOE received no design standards specified in EPCA 12 that it is not applicable to ceiling fans. comments indicating that there was any would still apply to such fans. DOE also considered IEC 62301 (Edition off-mode power consumption for ceiling IV. Procedural Issues and Regulatory 2.0, 2011–01). IEC 62301 would require fans but did receive a comment Review affirming that there is no off-mode 12 IEC 62087 is applicable to television sets, video A. Review Under Executive Order 12866 recording equipment, set top boxes, audio power consumption for ceiling fans, equipment and multifunction equipment for with ALA commenting that ceiling fans The Office of Management and Budget consumer use. consume 0W in off mode. (ALA, No. 39 has determined that test procedure

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rulemakings do not constitute (FRFA) for any final test procedures Commission’s Appliance Energy ‘‘significant regulatory actions’’ under developed in this test procedure Database for Ceiling Fans.17 Based on section 3(f) of Executive Order 12866, rulemaking. this review, using data on the ‘‘Regulatory Planning and Review,’’ 58 DOE has transmitted a copy of this companies for which DOE was able to FR 51735 (Oct. 4, 1993). Accordingly, IRFA to the Chief Counsel for Advocacy obtain information on the numbers of this regulatory action was not subject to of the Small Business Administration employees, DOE estimates that there are review under the Executive Order by the for review. between 25 and 35 small business Office of Information and Regulatory (1) Description of the reasons why manufacturers of low-volume ceiling Affairs (OIRA) in the Office of action by the agency is being fans. To determine the number of small Management and Budget (OMB). considered. business manufacturers of high-volume A description of the reasons why DOE ceiling fans, DOE reviewed SBA’s Web B. Review Under the Regulatory is considering this test procedure are site, high-volume ceiling fan Flexibility Act stated elsewhere in the preamble and manufacturers Web sites, and company The Regulatory Flexibility Act (5 not repeated here. reports from Hoovers.com, in addition U.S.C. 601 et seq.) requires preparation (2) Succinct statement of the to speaking with industry experts. Based of a regulatory flexibility analysis (RFA) objectives of, and legal basis for, the on this review, DOE estimates that there for any rule that by law must be proposed rule. are between 15 and 25 small business proposed for public comment, unless The objectives of and legal basis for manufacturers of high-volume ceiling the agency certifies that the rule, if the proposed rule are stated elsewhere fans. DOE invites interested parties to promulgated, will not have a significant in the preamble and not repeated here. comment on the estimated number of economic impact on a substantial (3) Description of and, where feasible, small business manufacturers of ceiling number of small entities. As required by an estimate of the number of small fans. Executive Order 13272, ‘‘Proper entities to which the proposed rule will (4) Description of the projected Consideration of Small Entities in apply. compliance requirements of the Agency Rulemaking,’’ 67 FR 53461 For the manufacturers of the covered proposed rule. (Aug. 16, 2002), DOE published ceiling fan products, the Small Business In this test procedure NOPR, DOE procedures and policies on February 19, Administration (SBA) has set a size proposes to reinterpret the statutory 2003, to ensure that the potential threshold, which defines those entities definition of a ceiling fan to include impacts of its rules on small entities are classified as ‘‘small businesses’’ for the hugger ceiling fans. DOE also proposes properly considered during the DOE purposes of the statute. DOE used the that high-volume fans meet the rulemaking process. (68 FR 7990 (Feb. SBA’s small business size standards to definition of a ceiling fan. The proposed 19, 2003)). DOE has made its procedures determine whether any small entities changes in interpretation of the ceiling and policies available on the Office of would be subject to the requirements of fan definition discussed above would the General Counsel’s Web site: http:// the rule. 13 CFR part 121. The size result in the applicability of the design energy.gov/gc/office-general-counsel. standards are listed by North American standards set forth in EPCA at 42 U.S.C. DOE reviewed today’s proposed rule Industry Classification System (NAICS) 6295(ff)(1) to the following types of fans under the provisions of the Regulatory code and industry description and are 30 days after the publication of any final Flexibility Act (RFA) and the policies available at: http://www.sba.gov/sites/ _ _ test procedure adopting such changes in and procedures published on February default/files/Size Standards Table.pdf. interpretation: 19, 2003. The proposed rule prescribes Ceiling fan manufacturing is classified under NAICS code 335210, ‘‘Small 1. Fans suspended from the ceiling using test procedure amendments that would a downrod or other means of suspension be used to determine compliance with Electrical Appliance Manufacturing’’ or such that the fan is not mounted directly to any amended energy conservation NAICS code 333412, ‘‘Industrial and the ceiling; standards that DOE may prescribe for Commercial Fan and Blower 2. Fans suspended such that they are ceiling fans. As discussed in more detail Manufacturing.’’ The SBA sets a mounted directly or close to the ceiling; below, DOE found that although the threshold for NAICS classification for 3. Fans sold with the option of being Federal Trade Commission (FTC) 335210 and 333412 of 750 employees or suspended with or without a downrod; and less and 500 employees or less, 4. Fans capable of producing large volumes requires testing of ceiling fans, because of airflow. DOE does not currently require respectively.13 DOE reviewed ALA’s list efficiency testing of ceiling fans, all of ceiling fan manufacturers,14 the DOE research indicates that all ceiling manufacturers, including small ENERGY STAR Product Databases for fans currently on the market, including manufacturers, could potentially Ceiling Fans,15 the California Energy hugger ceiling fans and high-volume experience a financial burden if new Commission’s Appliance Database for ceiling fans, appear to meet the EPCA testing becomes required as a result of Ceiling Fans,16 and the Federal Trade design standards. DOE conducted an the concurrent energy conservation analysis of Hansen Wholesale, an online standards rulemaking. While examining 13 U.S. Small Business Administration, Table of wholesaler that sells over 2000 models this issue, DOE determined that it could Small Business Size Standards (August 22, 2008) of ceiling fans, including a wide variety (Available at: http://www.sba.gov/sites/default/ not certify that the proposed rule, if _ _ of ceiling fan brands. Hansen Wholesale files/Size Standards Table.pdf). provides product specifications on its promulgated, would not have a 14 The American Lighting Association, list of significant effect on a substantial Manufacturers & Representatives (Available at: Web site, including the number of number of small entities. Therefore, http://www.americanlightingassoc.com/Members/ speeds and whether a ceiling fan is DOE has prepared an initial regulatory Resources/Manufacturers-Representatives.aspx). reversible. DOE examined all of the 15 The U.S. Environmental Protection Agency and flexibility analysis (IRFA) for this ceiling fans that were self-identified as the U.S. Department of Energy, ENERGY STAR hugger ceiling fans and found that they rulemaking. The IRFA describes Ceiling Fans—Product Databases for Ceiling Fans potential impacts on small businesses (Available at: http://www.energystar.gov/index.cfm? all had fan controls separate from associated with ceiling fan testing fuseaction=find_a_product.showProductGroup& pgw_code=CF). 17 The Federal Trade Commission, Appliance requirements. DOE seeks comment on 16 The California Energy Commission, Appliance Energy Databases for Ceiling Fans (Available at: the discussion below and will develop Database for Ceiling Fans (Available at: http://www. http://www.ftc.gov/bcp/conline/edcams/eande/ a final regulatory flexibility analysis appliances.energy.ca.gov/QuickSearch.aspx). appliances/ceilfan.htm).

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lighting controls, were capable of being hugger ceiling fans would be the same test procedure only requires 15 minutes operated at more than one speed, and as the proposed test method for all other of warm up time before testing at low were capable of being operated in low-volume ceiling fans. speed compared to 30 minutes in the reverse. DOE estimated the cost to test a low- ENERGY STAR test procedure, further For high-volume ceiling fans, DOE volume ceiling fan based on estimates reducing the relative amount of time searched for product specifications on from third-party testing facilities of the required for DOE’s proposed test the Web sites of manufacturers of high- cost to perform the current ENERGY procedure by 15 minutes. In total, DOE volume large-diameter ceiling fans and STAR test procedure for ceiling fans, estimates that the typical time to from Web sites of retailers of high- which is similar to DOE’s proposed test perform the proposed test procedure volume small-diameter ceiling fans. procedure, and the changes in cost will be shorter by 65 minutes compared Only one high-volume ceiling fan was associated with the key differences to ENERGY STAR’s test procedure. found with a light kit, and the fan between the two test procedures. DOE’s DOE’s proposed test procedure does controls were separate from the lighting proposed test procedure for low-volume add a requirement for standby-mode controls for that fan. All high-volume ceiling fans differs from the current testing, for ceiling fans with standby ceiling fans appeared to be capable of ENERGY STAR test procedure in that it functionality. However, as noted in operating at more than one speed (1) requires testing at only two fan section III.F.5, the additional testing for (typically with an adjustable speed speeds instead of three, (2) requires the standby would take less than 5 minutes, control). High-volume ceiling fans are use of a false ceiling, (3) does not be conducted immediately after active primarily sold for industrial purposes require the use of a test cylinder, (4) mode testing, and requires no additional and are therefore not subject to the requires less warm up time before equipment, so the testing burden would requirement to be capable of operating testing at low speed, and (5) requires be minimal. in reverse. standby-mode testing. Based on all of these differences with Based on this research, DOE does not In aggregate, DOE estimates that these respect to the ENERGY STAR test expect any cost of complying with the differences will result in a lower test procedure, and estimates from third- design requirements for manufacturers cost for the proposed DOE test party testing facilities of the labor costs of hugger or high-volume ceiling fans. procedure for low-volume ceiling fans associated with these differences, DOE DOE proposes measures to limit the when compared to the ENERGY STAR estimates that the proposed test burden of testing on all manufacturers, test procedure for ceiling fans. Testing procedure for low-volume ceiling fans including small business manufacturers, at only two speeds instead of three will cost between $600 and $1800 per while providing a representative yields a total test time that is test, for a total of $1200 to $3600 per measurement of ceiling fan efficiency approximately 35 minutes shorter than basic model of ceiling fan for standard for consumers. Low-volume ceiling fans the ENERGY STAR test procedure. The and hugger ceiling fans. For multi- (excluding hugger fans) are currently proposed test procedure would also add mount ceiling fans, DOE estimates that required to test at high speed due to a false ceiling to the experimental setup the test cost will be approximately FTC’s labeling requirement for ceiling which, as discussed in section III.E.3, double the cost for standard and hugger fans. As discussed in more detail requires a one-time lab cost to install a ceiling fans. DOE also estimates that elsewhere in the preamble, DOE false ceiling in a testing facility. Based multi-mount ceiling fans represent proposes to specify that low speed is to on the materials employed and test approximately 20% of ceiling fan basic be tested as well as high speed to have quotes from third-party labs, DOE models for small business a test procedure that is representative of estimates the cost to construct and manufacturers. The test method for typical use. DOE estimates that the cost install a false ceiling is $1000 or less. multi-head ceiling fans may require to test at low speed, in addition to high Because the same false ceiling could be somewhat more time to set up compared speed, represents an additional cost of used to test all low-volume ceiling fans, to the time required for a single-headed $75 (or $150 per basic model) above the the false ceiling could be left in place fan, and DOE estimates the cost to be high-speed test cost. and would not add substantial test cost between $1300 and $2000 per test, or DOE notes that if the concurrent thereafter. $2600 to $4000 per basic model. rulemaking regarding energy DOE’s proposed test procedure, which However, DOE notes that multi-head conservation standards for ceiling fans would not require use of a test cylinder, ceiling fans appear to represent 5% or results in efficiency performance also eliminates any potential costs less of ceiling fan basic models for small standards, DOE would require testing associated with purchasing new test business manufacturers. Based on best for certification of two ceiling fans per cylinders. If the test procedure required estimates from third party testing basic model, the minimum sample size the use of test cylinders, then a new facilities, DOE estimates that a typical required by 10 CFR 429.11. To cylinder would be necessary to test any test for a single-headed ceiling fan determine the potential cost of the ceiling fan with a diameter that does not would cost approximately $950, or proposed test procedure on small correspond to one of the cylinders in a $1900 per basic model for standard or ceiling fan manufacturers under a test lab’s existing inventory. Based on hugger ceiling fans, and $3800 per basic potential energy conservation standard discussions with third-party testing model for multi-mount ceiling fans. for ceiling fans, DOE estimated the cost facilities, DOE estimates that new test For the approximately 30 small of testing two ceiling fans. The cost of cylinders would cost approximately business manufacturers of low-volume testing was then multiplied over the $2000–3000 per cylinder. By not using ceiling fans that DOE identified, the estimated number of basic models a cylinder, these costs will be avoided. number of basic models produced per produced by a small manufacturer. The Not requiring a test cylinder also manufacturer varies significantly from estimated cost of testing is discussed in shortens the test time of DOE’s proposed one to approximately 80. Therefore, further detail below. test procedure relative to ENERGY based on the test cost per ceiling fan In today’s test procedure proposal, STAR’s test procedure for all low- basic model, the testing cost in the first DOE has proposed to reinterpret the volume ceiling fans, because time is not year would range from approximately statutory definition of a ceiling fan such required to put a test cylinder in place $1900 to $182,400 for small that it would include hugger ceiling for each test (estimated to take 15 manufacturers of ceiling fans. DOE fans. The proposed test method for minutes). Additionally, DOE’s proposed expects this cost to be lower in

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subsequent years because only new or large manufacturer, but this cost would compliance, manufacturers must test redesigned ceiling fan models would be a higher percentage of a small their products according to the DOE test need to be tested. manufacturer’s annual revenues. DOE procedure for ceiling fans, including DOE estimated the cost to test a high- requests comments on its analysis of any amendments adopted for the test volume ceiling fan based on discussions burden to small businesses for testing procedure on the date that compliance with testing facilities capable of ceiling fans according to the proposed is required. DOE has established performing the AMCA 230 test test procedure. regulations for the certification and procedure as well as cost estimates (5) Relevant Federal rules which may recordkeeping requirements for all based on the time and labor costs duplicate, overlap or conflict with the covered consumer products and necessary to perform the proposed test proposed rule. commercial equipment, including procedure on larger high-volume ceiling DOE is not aware of any other Federal ceiling fans. 76 FR 12422 (Mar. 7, 2011). fans. DOE estimates that the one-time rules that would duplicate, overlap or This rule contains a collection-of- cost for a lab to buy a load-cell, a conflict with the rule being proposed. information requirement that is subject fabricated load-cell frame, power meter, (6) Description of any significant to review and approval by OMB under and one air velocity sensor is alternatives to the proposed rule. the Paperwork Reduction Act (PRA). approximately $4500. DOE estimates DOE considered a number of industry This requirement has been approved by that the proposed test procedure for and governmental test procedures that OMB under control number 1910–1400. high-volume ceiling fans will cost measure the efficiency of ceiling fans to The public reporting burden for manufacturers between $1000 and develop the proposed test procedure in certification for energy and water $3500 per test, for a total of $2000 to today’s rulemaking. There appear to be conservation standards is estimated to $7000 per basic model of ceiling fan. two common approaches to testing average 20 hours per response, Based on the mid-point of the testing ceiling fans: An approach based on including the time for reviewing range, DOE estimates that the typical using air velocity sensors to calculate instructions, searching existing data test would cost $2250 per test, or $4500 airflow, such as the current DOE test sources, gathering and maintaining the per basic model. procedure for ceiling fans, ENERGY data needed, and completing and For the approximately 15–25 small STAR’s test procedure, and CAN/CSA– reviewing the collection of information. business manufacturers of high-volume C814–10, and an approach based on Send comments regarding this burden ceiling fans that DOE identified, the using a load cell to measure thrust, such estimate, or any other aspect of this data number of basic models produced per as AMCA 230. collection, including suggestions for In principle, either approach could be manufacturer varies from one to 30. reducing the burden, to DOE (see Therefore, based on the test cost per used to measure the airflow efficiency of ADDRESSES) and by email to Chad_S_ ceiling fan basic model, the testing cost all ceiling fans, but maintaining [email protected]. in the first year would range from consistency with industry practice Notwithstanding any other provision of approximately $4500 to $135,000 for would minimize test burden for all the law, no person is required to small manufacturers of high-volume ceiling fan manufacturers. Though a respond to, nor shall any person be ceiling fans. DOE expects this cost to be load-cell based approach appears to be subject to a penalty for failure to comply lower in subsequent years because only a potentially simpler method of with, a collection of information subject new or redesigned ceiling fan models estimating airflow efficiency, in to the requirements of the PRA, unless would need to be tested. industry, low-volume ceiling fans have that collection of information displays a DOE used company reports from historically been tested according to the currently valid OMB Control Number. Hoovers.com, information from air-velocity sensor based approach. manufacturers’ Web sites and feedback High-volume ceiling fans, on the other D. Review Under the National from manufacturers to estimate the hand, have historically been tested Environmental Policy Act of 1969 revenue for the small business according to the load-cell based manufacturers of low and high-volume approach. It also appears to be cost- In this proposed rule, DOE proposes ceiling fans identified. The median prohibitive to scale up the air-velocity test procedure amendments that it revenue of the small business sensor based approach to the larger expects will be used to develop and manufacturers of low-volume ceiling diameter high-volume ceiling fans implement future energy conservation fans is approximately $15M. Relative to currently on the market given the standards for ceiling fans. DOE has the median revenue for a small business number of sensors that would be determined that this rule falls into a manufacturer, the total testing cost required to cover ceiling fans 24 feet in class of actions that are categorically ranges from 0.01 percent to 1 percent of diameter and the cost of constructing an excluded from review under the the median revenue. The median appropriate rotating sensor arm. National Environmental Policy Act of revenue of the small business DOE seeks comment and information 1969 (42 U.S.C. 4321 et seq.) and DOE’s manufacturers of high-volume ceiling on any alternative test methods that, implementing regulations at 10 CFR part fans is approximately $8M. Relative to consistent with EPCA requirements, 1021. Specifically, this proposed rule the median revenue for a small business would reduce the economic impact of would amend the existing test manufacturer of high-volume ceiling the rule on small entities. DOE will procedures without affecting the fans, the total testing cost ranges from consider the feasibility of such amount, quality, or distribution of 0.05 percent to 1.5 percent of the alternatives and determine whether they energy usage, and, therefore, would not median revenue. should be incorporated into the final result in any environmental impacts. For both low and high-volume ceiling rule. Thus, this rulemaking is covered by fans, DOE does not expect that small Categorical Exclusion A5 under 10 CFR manufacturers would necessarily have C. Review Under the Paperwork part 1021, subpart D, which applies to fewer basic models than large Reduction Act of 1995 any rulemaking that interprets or manufacturers, because ceiling fans are Manufacturers of ceiling fans must amends an existing rule without highly customized throughout the certify to DOE that their products changing the environmental effect of industry. A small manufacturer could comply with all applicable energy that rule. Accordingly, neither an have the same total cost of testing as a conservation standards. In certifying environmental assessment nor an

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environmental impact statement is existing Federal law or regulation; (3) further assessment or analysis is required. provides a clear legal standard for required under UMRA. affected conduct while promoting E. Review Under Executive Order 13132 H. Review Under the Treasury and simplification and burden reduction; (4) General Government Appropriations Executive Order 13132, ‘‘Federalism,’’ specifies the retroactive effect, if any; (5) Act, 1999 64 FR 43255 (Aug. 10, 1999), imposes adequately defines key terms; and (6) certain requirements on Federal addresses other important issues Section 654 of the Treasury and agencies formulating and implementing affecting clarity and general General Government Appropriations policies or regulations that preempt draftsmanship under any guidelines Act, 1999 (Pub. L. 105–277) requires State law or that have Federalism issued by the Attorney General. Section Federal agencies to issue a Family implications. The Executive Order 3(c) of Executive Order 12988 requires Policymaking Assessment for any rule requires agencies to examine the Executive agencies to review regulations that may affect family well-being. This constitutional and statutory authority in light of applicable standards in rule would not have any impact on the supporting any action that would limit sections 3(a) and 3(b) to determine autonomy or integrity of the family as the policymaking discretion of the whether they are met or it is an institution. Accordingly, DOE has States and to carefully assess the unreasonable to meet one or more of concluded that it is not necessary to necessity for such actions. The them. DOE has completed the required prepare a Family Policymaking Executive Order also requires agencies review and tentatively determined that, Assessment. to have an accountable process to to the extent permitted by law, the I. Review Under Executive Order 12630 ensure meaningful and timely input by proposed rule meets the relevant State and local officials in the standards of Executive Order 12988. Pursuant to Executive Order 12630, development of regulatory policies that ‘‘Governmental Actions and Interference have Federalism implications. On G. Review Under the Unfunded with Constitutionally Protected Property March 14, 2000, DOE published a Mandates Reform Act of 1995 Rights,’’ 53 FR 8859 (Mar. 18, 1988), statement of policy describing the Title II of the Unfunded Mandates DOE has determined that this proposed intergovernmental consultation process Reform Act of 1995 (UMRA) requires regulation would not result in any it will follow in the development of each Federal agency to assess the effects takings that might require compensation such regulations. (65 FR 13735 (Mar. 14, of Federal regulatory actions on State, under the Fifth Amendment to the U.S. 2000)). DOE has examined this local, and Tribal governments and the Constitution. proposed rule and has tentatively private sector. Public Law 104–4, sec. J. Review Under Treasury and General determined that it would not have a 201 (codified at 2 U.S.C. 1531). For a substantial direct effect on the States, on proposed regulatory action likely to Government Appropriations Act, 2001 the relationship between the national result in a rule that may cause the Section 515 of the Treasury and government and the States, or on the expenditure by State, local, and Tribal General Government Appropriations distribution of power and governments, in the aggregate, or by the Act, 2001 (44 U.S.C. 3516 note) provides responsibilities among the various private sector of $100 million or more for Federal agencies to review most levels of government. EPCA governs and in any one year (adjusted annually for disseminations of information to the prescribes Federal preemption of State inflation), section 202 of UMRA requires public under information quality regulations as to energy conservation for a Federal agency to publish a written guidelines established by each agency the products that are the subject of statement that estimates the resulting pursuant to general guidelines issued by today’s proposed rule. States can costs, benefits, and other effects on the OMB. OMB’s guidelines were published petition DOE for exemption from such national economy. (2 U.S.C. 1532(a), at 67 FR 8452 (Feb. 22, 2002), and preemption to the extent, and based on (b)). The UMRA also requires a Federal DOE’s guidelines were published at 67 criteria, set forth in EPCA. (42 U.S.C. agency to develop an effective process FR 62446 (Oct. 7, 2002). DOE has 6297(d)) No further action is required by to permit timely input by elected reviewed today’s proposed rule under Executive Order 13132. officers of State, local, and Tribal the OMB and DOE guidelines and has governments on a proposed ‘‘significant concluded that it is consistent with F. Review Under Executive Order 12988 intergovernmental mandate,’’ and applicable policies in those guidelines. Regarding the review of existing requires an agency plan for giving notice K. Review Under Executive Order 13211 regulations and the promulgation of and opportunity for timely input to new regulations, section 3(a) of potentially affected small governments Executive Order 13211, ‘‘Actions Executive Order 12988, ‘‘Civil Justice before establishing any requirements Concerning Regulations That Reform,’’ 61 FR 4729 (Feb. 7, 1996), that might significantly or uniquely Significantly Affect Energy Supply, imposes on Federal agencies the general affect them. On March 18, 1997, DOE Distribution, or Use,’’ 66 FR 28355 (May duty to adhere to the following published a statement of policy on its 22, 2001), requires Federal agencies to requirements: (1) Eliminate drafting process for intergovernmental prepare and submit to OIRA at OMB, a errors and ambiguity; (2) write consultation under UMRA. (62 FR Statement of Energy Effects for any regulations to minimize litigation; (3) 12820 (Mar. 18, 1997)). (This policy is proposed significant energy action. A provide a clear legal standard for also available at http://energy.gov/gc/ ‘‘significant energy action’’ is defined as affected conduct rather than a general office-general-counsel.) DOE examined any action by an agency that standard; and (4) promote simplification today’s proposed rule according to promulgates or is expected to lead to and burden reduction. Regarding the UMRA and its statement of policy and promulgation of a final rule, and that: review required by section 3(a), section has tentatively determined that the rule (1) Is a significant regulatory action 3(b) of Executive Order 12988 contains neither an intergovernmental under Executive Order 12866, or any specifically requires that Executive mandate, nor a mandate that may result successor order; and (2) is likely to have agencies make every reasonable effort to in the expenditure by State, local, and a significant adverse effect on the ensure that the regulation: (1) Clearly Tribal governments, in the aggregate, or supply, distribution, or use of energy; or specifies the preemptive effect, if any; by the private sector, of $100 million or (3) is designated by the Administrator of (2) clearly specifies any effect on more in any year. Accordingly, no OIRA as a significant energy action. For

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any proposed significant energy action, V. Public Participation supply an advance copy of their the agency must give a detailed statement to participate, if those persons A. Attendance at the Public Meeting statement of any adverse effects on have made advance alternative energy supply, distribution, or use The time, date and location of the arrangements with the Building should the proposal be implemented, public meeting are listed in the DATES Technologies Office. As necessary, and of reasonable alternatives to the and ADDRESSES sections at the beginning requests to give an oral presentation action and their expected benefits on of this document. If you plan to attend should ask for such alternative energy supply, distribution, and use. the public meeting, please notify Ms. arrangements. Brenda Edwards at (202) 586–2945 or Today’s regulatory action to amend Any person who has plans to present [email protected]. As a prepared general statement may the test procedure for measuring the explained in the ADDRESSES section, energy efficiency of ceiling fans is not request that copies of his or her foreign nationals visiting DOE statement be made available at the a significant regulatory action under Headquarters are subject to advance Executive Order 12866 or any successor public meeting. Such persons may security screening procedures. Any submit requests, along with an advance order. Moreover, it would not have a foreign national wishing to participate significant adverse effect on the supply, electronic copy of their statement in in the meeting should advise DOE of PDF (preferred), Microsoft Word or distribution, or use of energy, nor has it this fact as soon as possible by been designated as a significant energy Excel, WordPerfect, or text (ASCII) file contacting Ms. Brenda Edwards to format, to the appropriate address action by the Administrator of OIRA. initiate the necessary procedures. shown in the ADDRESSES section at the Therefore, it is not a significant energy In addition, you can attend the public beginning of this notice of proposed action, and, accordingly, DOE has not meeting via webinar. Webinar rulemaking. The request and advance prepared a Statement of Energy Effects registration information, participant for this rulemaking. instructions, and information about the copy of statements must be received at capabilities available to webinar least one week before the public L. Review Under Section 32 of the participants will be published on DOE’s meeting and may be emailed, hand- Federal Energy Administration Act of Web site at: http:// delivered, or sent by mail. DOE prefers 1974 www1.eere.energy.gov/buildings/ to receive requests and advance copies _ via email. Please include a telephone Under section 301 of the Department appliance standards/rulemaking.aspx/ ruleid/65. Participants are responsible number to enable DOE staff to make a of Energy Organization Act (Pub. L. 95– follow-up contact, if needed. 91; 42 U.S.C. 7101 et seq.), DOE must for ensuring their systems are comply with all laws applicable to the compatible with the webinar software. C. Conduct of the Public Meeting former Federal Energy Administration, B. Procedure for Submitting Requests To DOE will designate a DOE official to including section 32 of the Federal Speak and Prepared General Statements preside at the public meeting and may Energy Administration Act of 1974 for Distribution also use a professional facilitator to aid (Pub. L. 93–275), as amended by the Any person who has an interest in the discussion. The meeting will not be a Federal Energy Administration topics addressed in this notice, or who judicial or evidentiary-type public Authorization Act of 1977 (Pub. L. 95– is representative of a group or class of hearing, but DOE will conduct it in 70). (15 U.S.C. 788; FEAA) Section 32 persons that has an interest in these accordance with section 336 of EPCA essentially provides in relevant part issues, may request an opportunity to (42 U.S.C. 6306). A court reporter will that, where a proposed rule authorizes make an oral presentation at the public be present to record the proceedings and or requires use of commercial standards, meeting. Such persons may hand- prepare a transcript. DOE reserves the the notice of proposed rulemaking must deliver requests to speak to the address right to schedule the order of inform the public of the use and shown in the ADDRESSES section at the presentations and to establish the background of such standards. In beginning of this notice of proposed procedures governing the conduct of the addition, section 32(c) requires DOE to rulemaking between 9 a.m. and 4 p.m., public meeting. There shall not be consult with the Attorney General and Monday through Friday, except Federal discussion of proprietary information, the Chairman of the FTC concerning the holidays. Requests may also be sent by costs or prices, market share, or other impact of the commercial or industry mail or email to Ms. Brenda Edwards, commercial matters regulated by U.S. standards on competition. U.S. Department of Energy, Building anti-trust laws. After the public meeting, Today’s proposed rule would Technologies Office, Mailstop EE–5B, interested parties may submit further incorporate testing methods contained 1000 Independence Avenue SW., comments on the proceedings, as well in the following commercial standard: Washington, DC 20585–0121, or as on any aspect of the rulemaking, until ANSI/AMCA Standard 230–12, [email protected]. Persons the end of the comment period. ‘‘Laboratory Methods of Testing Air who wish to speak should include in The public meeting will be conducted Circulating Fans for Rating and their request a computer diskette or CD– in an informal, conference style. DOE Certification.’’ The Department has ROM in WordPerfect, Microsoft Word, will present summaries of comments evaluated this standard and is unable to PDF, or text (ASCII) file format that received before the public meeting, conclude whether it fully complies with briefly describes the nature of their allow time for prepared general the requirements of section 32(b) of the interest in this rulemaking and the statements by participants, and FEAA, (i.e., that it was developed in a topics they wish to discuss. Such encourage all interested parties to share manner that fully provides for public persons should also provide a daytime their views on issues affecting this participation, comment, and review). telephone number where they can be rulemaking. Each participant will be DOE will consult with the Attorney reached. allowed to make a general statement General and the Chairman of the FTC DOE requests persons selected to (within time limits determined by DOE), concerning the impact on competition make an oral presentation to submit an before the discussion of specific topics. of requiring manufacturers to use the advance copy of their statements at least DOE will allow, as time permits, other test methods contained in this standard one week before the public meeting. participants to comment briefly on any prior to prescribing a final rule. DOE may permit persons who cannot general statements.

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At the end of all prepared statements documents submitted with the compiled into one or more PDFs. This on a topic, DOE will permit participants comments. reduces comment processing and to clarify their statements briefly and Do not submit to www.regulations.gov posting time. comment on statements made by others. information for which disclosure is Confidential Business Information. Participants should be prepared to restricted by statute, such as trade Pursuant to 10 CFR 1004.11, any person answer questions by DOE and by other secrets and commercial or financial submitting information that he or she participants concerning these issues. information (hereinafter referred to as believes to be confidential and exempt DOE representatives may also ask Confidential Business Information by law from public disclosure should questions of participants concerning (CBI)). Comments submitted through submit via email, postal mail, or hand other matters relevant to this www.regulations.gov cannot be claimed delivery/courier two well-marked rulemaking. The official conducting the as CBI. Comments received through the copies: One copy of the document public meeting will accept additional Web site will waive any CBI claims for marked ‘‘confidential’’ including all the comments or questions from those the information submitted. For information believed to be confidential, attending, as time permits. The information on submitting CBI, see the and one copy of the document marked presiding official will announce any Confidential Business Information ‘‘non-confidential’’ with the information further procedural rules or modification section. believed to be confidential deleted. of the above procedures that may be DOE processes submissions made Submit these documents via email or on needed for the proper conduct of the through www.regulations.gov before a CD, if feasible. DOE will make its own public meeting. posting. Normally, comments will be determination about the confidential A transcript of the public meeting will posted within a few days of being status of the information and treat it be included in the docket, which can be submitted. However, if large volumes of according to its determination. comments are being processed viewed as described in the Docket Factors of interest to DOE when simultaneously, your comment may not section at the beginning of this notice evaluating requests to treat submitted and will be accessible on the DOE Web be viewable for up to several weeks. information as confidential include: (1) site. In addition, any person may buy a Please keep the comment tracking A description of the items; (2) whether copy of the transcript from the number that www.regulations.gov and why such items are customarily transcribing reporter. provides after you have successfully uploaded your comment. treated as confidential within the D. Submission of Comments Submitting comments via email, hand industry; (3) whether the information is DOE will accept comments, data, and delivery/courier, or mail. Comments and generally known by or available from information regarding this proposed documents submitted via email, hand other sources; (4) whether the rule before or after the public meeting, delivery/courier, or mail also will be information has previously been made but no later than the date provided in posted to www.regulations.gov. If you available to others without obligation the DATES section at the beginning of do not want your personal contact concerning its confidentiality; (5) an this proposed rule. Interested parties information to be publicly viewable, do explanation of the competitive injury to may submit comments using any of the not include it in your comment or any the submitting person which would methods described in the ADDRESSES accompanying documents. Instead, result from public disclosure; (6) when section at the beginning of this notice. provide your contact information in a such information might lose its Submitting comments via cover letter. Include your first and last confidential character due to the www.regulations.gov. The names, email address, telephone passage of time; and (7) why disclosure www.regulations.gov Web page will number, and optional mailing address. of the information would be contrary to require you to provide your name and The cover letter will not be publicly the public interest. contact information. Your contact viewable as long as it does not include It is DOE’s policy that all comments information will be viewable to DOE any comments. may be included in the public docket, Building Technologies staff only. Your Include contact information each time without change and as received, contact information will not be publicly you submit comments, data, documents, including any personal information viewable except for your first and last and other information to DOE. If you provided in the comments (except names, organization name (if any), and submit via mail or hand delivery/ information deemed to be exempt from submitter representative name (if any). courier, please provide all items on a public disclosure). If your comment is not processed CD, if feasible, in which case it is not E. Issues on Which DOE Seeks Comment properly because of technical necessary to submit printed copies. No difficulties, DOE will use this telefacsimiles (faxes) will be accepted. Although DOE welcomes comments information to contact you. If DOE Comments, data, and other on any aspect of this proposal, DOE is cannot read your comment due to information submitted to DOE particularly interested in receiving technical difficulties and cannot contact electronically should be provided in comments and views of interested you for clarification, DOE may not be PDF (preferred), Microsoft Word or parties concerning the following issues: able to consider your comment. Excel, WordPerfect, or text (ASCII) file 1. DOE is reinterpreting the statutory However, your contact information format. Provide documents that are not definition of a ceiling fan to include hugger will be publicly viewable if you include secured, written in English, and are free ceiling fans and clarifying that the definition it in the comment or in any documents of any defects or viruses. Documents includes multi-mount ceiling fans. DOE notes attached to your comment. Any should not contain special characters or that CFLKs attached to hugger ceiling fans information that you do not want to be any form of encryption and, if possible, would become covered CFLKs under this publicly viewable should not be they should carry the electronic reinterpretation. DOE invites comment on included in your comment, nor in any signature of the author. this reinterpretation and clarification. 2. DOE is also clarifying that high-volume document attached to your comment. Campaign form letters. Please submit ceiling fans are considered ceiling fans and Otherwise, persons viewing comments campaign form letters by the originating covered under this rulemaking. DOE invites will see only first and last names, organization in batches of between 50 to comment on this clarification. organization names, correspondence 500 form letters per PDF or as one form 3. DOE is proposing interpreting containing comments, and any letter with a list of supporters’ names centrifugal fans to fall outside of the scope

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of this rulemaking. DOE invites comment on calibration between testing facilities. DOE this interpretation. seeks comment on how calibration between 4. DOE invites comment on the proposed testing facilities could be facilitated. definitions for low-volume ceiling fans, high- volume ceiling fans, hugger ceiling fans, VI. Approval of the Office of the Secretary And x¯ is the sample mean; n is the standard ceiling fans, and multi-mount th ceiling fans. number of samples; and xi is the i 5. DOE seeks comment on its proposed The Secretary of Energy has approved sample; or approach to incorporate standby power publication of today’s notice of (2) The lower 90 percent confidence consumption into the ceiling fan efficiency proposed rulemaking. limit (LCL) of the true mean divided by metric. List of Subjects 0.9, where: 6. DOE seeks comment on its proposed approach to assign all standby power 10 CFR Part 429 consumption for a remote receiver that controls both a ceiling fan and light kit to the Confidential business information, ceiling fan. Energy conservation, Household And x¯ is the sample mean; s is the 7. DOE seeks comment on its proposed appliances, Imports, Reporting and sample standard deviation; n is the operating hours for calculating ceiling fan recordkeeping requirements. number of samples; and t0.90 is the t efficiency for low-volume ceiling fans. statistic for a 90% one-tailed confidence 8. DOE seeks comment and any available 10 CFR Part 430 interval with n¥1 degrees of freedom data on operating hours for high-volume Administrative practice and (from Appendix A to subpart B); and ceiling fans. (B) Any represented value of the 9. DOE seeks comment on its proposed procedure, Confidential business approach to test at high and low speed for information, Energy conservation, wattage shall be greater than or equal to low-volume ceiling fans. Household appliances, Imports, the higher of: 10. DOE seeks comment on its proposed Incorporation by reference, (1) The mean of the sample, where: approach to test high-volume fans at high Intergovernmental relations, Small speed only. businesses. 11. DOE seeks comment on its proposal to add a false ceiling to the experimental setup Issued in Washington, DC, on September for all low-volume ceiling fan testing. 19, 2014. 12. DOE seeks comment and data on how Kathleen B. Hogan, And x¯ is the sample mean; n is the th ceiling fans with more than one mounting Deputy Assistant Secretary for Energy number of samples; and xi is the i option that would meet the definition of a Efficiency, Energy Efficiency and Renewable sample; or standard ceiling fan are configured in the Energy. (2) The upper 95 percent confidence field. DOE also seeks comment and data on limit (UCL) of the true mean divided by how hugger ceiling fans with more than one For the reasons stated in the 1.1, where: mounting option are configured in field. preamble, DOE proposes to amend parts 13. DOE seeks comment on the proposed 429 and 430 of Chapter II, Subchapter modifications to the testing room dimensions D of Title 10, Code of Federal for high-volume ceiling fans. DOE Regulations, as set forth below: specifically requests information on how And x¯ is the sample mean; s is the manufacturers currently test large-diameter, PART 429—CERTIFICATION, sample standard deviation; n is the high-volume ceiling fans, as well as the number of samples; and t is the t availability of suitable third-party testing COMPLIANCE, AND ENFORCEMENT 0.95 FOR CONSUMER PRODUCTS AND statistic for a 95% one-tailed confidence facilities that can conduct the proposed test ¥ procedure and the ability to develop such COMMERCIAL AND INDUSTRIAL interval with n 1 degrees of freedom facilities. EQUIPMENT (from Appendix A to subpart B). 14. DOE seeks comment on whether (2) [Reserved] manufacturers should be required to test ■ 1. The authority citation for part 429 * * * * * multi-mount ceiling fans in the standard continues to read as follows: configuration, hugger configuration, both PART 430—ENERGY CONSERVATION configurations, or all configurations for Authority: 42 U.S.C. 6291–6317. PROGRAM FOR CONSUMER which they are capable of being installed. ■ 2. Section 429.32 is amended by PRODUCTS 15. DOE invites interested parties to revising paragraph (a) to read as follows: comment on the estimated number of small ■ 3. The authority citation for part 430 business manufacturers of ceiling fans. § 429.32 Ceiling fans. continues to read as follows: 16. DOE requests comment on whether Authority: 42 U.S.C. 6291–6309; 28 U.S.C. there are currently any hugger ceiling fan or (a) Determination of represented 2461 note. high-volume ceiling fan features that are not value. Manufacturers must determine in compliance with EPCA design standards the represented value, which includes ■ 4. Section 430.2 is amended by adding for ceiling fans. the certified rating, for each basic model the definitions for ‘‘high-volume ceiling 17. DOE requests comments on its analysis of ceiling fan by: fan,’’ ‘‘hugger ceiling fan,’’ ‘‘low-volume of burden to small businesses for testing (1) Units to be tested. ceiling fan,’’ ‘‘multi-mount ceiling fan,’’ ceiling fans according to the proposed test and ‘‘standard ceiling fan’’ in procedure. (i) The requirements of § 429.11 are 18. DOE seeks comment and information applicable to ceiling fans; and alphabetical order to read as follows: on any alternative test methods that, (ii) For each basic model of ceiling fan § 430.2 Definitions. consistent with the statutory requirements, selected for testing, a sample of * * * * * would reduce the economic impact of the sufficient size shall be randomly rule on small entities. High-volume ceiling fan means a selected and tested to ensure that— ceiling fan that: 19. Several comments were received in (A) Any represented value of the response to the Framework Document for the (1) Is greater than 7 feet in diameter; ceiling fans energy conservation standards efficiency or airflow shall be less than or rulemaking suggesting that the testing could or equal to the lower of: (2) Has a blade thickness of less than be improved if there were inter-lab (1) The mean of the sample, where: 3.2 mm at the edge or a maximum tip

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speed that exceeds the threshold in the is no more than ten inches from the (2) Has a blade thickness greater than table in the definition of low-volume ceiling. or equal to 3.2 mm at the edge and a ceiling fan in this section and has a * * * * * maximum tip speed less than or equal maximum airflow volume greater than to the limit in the table in this Low-volume ceiling fan means a 5,000 CFM. definition, or has a maximum airflow ceiling fan that: * * * * * volume less than or equal to 5,000 CFM. Hugger ceiling fan means a ceiling fan (1) Is less than or equal to 7 feet in where the lowest point on the fan blades diameter; and

LOW-VOLUME CEILING FANS, 7 FEET OR LESS IN DIAMETER

Thickness (t) Maximum speed Airflow Direction * of edges of blades at tip of blades Mm (inch) m/s (feet per minute)

Downward-Only ...... 4.8 > t ≥ 3.2 (3/16 > t ≥ 1/8) 16.3 (3200) Downward-Only ...... t ≥ 4.8 (t ≥ 3/16) 20.3 (4000) Reversible ...... 4.8 > t ≥ 3.2 (3/16 > t ≥ 1/8) 12.2 (2400) Reversible ...... t ≥ 4.8 (t ≥ 3/16) 16.3 (3200) * The ‘‘downward-only’’ and ‘‘reversible’’ airflow directions are mutually exclusive; therefore, a ceiling fan that can only produce airflow in the downward direction need only meet the ‘‘downward-only’’ blade edge thickness and tip speed requirements and a ceiling fan that can produce airflow in the downward and upward directions need only meet the ‘‘reversible’’ requirements.

* * * * * 2.3, 2.5, 2.6 and 3 of appendix U to the sum of the product of airflow and hours Multi-mount ceiling fan means a subpart B of this part. of operation at high and low speeds. For ceiling fan that can be mounted in both high-volume ceiling fans, total airflow is the * * * * * product of airflow at high speed and the the standard and hugger ceiling fan ■ 7. Appendix U to subpart B of part hours of operation in active mode. configurations. 430 is revised to read as follows: 2. General Instructions, Test Apparatus, * * * * * Appendix U To Subpart B of Part 430— and Test Measurement: General instructions Standard ceiling fan means a ceiling Uniform Test Method for Measuring the apply to characterizing the energy performance of both low-volume and high- fan where the lowest point on the fan Energy Consumption of Ceiling Fans blades is more than ten inches from the volume ceiling fans. The test apparatus and ceiling. test measurement used to characterize energy After [DATE 30 DAYS AFTER performance depend on whether the ceiling * * * * * PUBLICATION OF THE FINAL RULE IN fan is low volume or high volume. ■ 5. Section 430.3 is amended by: THE Federal Register] and prior to [DATE 2.1. General instructions: Record ■ a. Adding paragraph (d)(19); and 180 DAYS AFTER PUBLICATION OF THE measurements at the resolution of the test ■ b. Removing in paragraph (o)(4), FINAL RULE IN THE Federal Register], instrumentation. Round off calculations to manufacturers must make any ‘‘appendices C1, D1, D2, G, H, I, J2, N, the same number of significant digits as the representations with respect to the energy previous step. Round the final ceiling fan O, P, and X to subpart B’’ and adding use or efficiency of ceiling fans, except in its place, ‘‘appendices C1, D1, D2, G, efficiency value to the nearest whole number hugger ceiling fans, multi-mount ceiling fans as follows: in the hugger configuration, and high-volume H, I, J2, U, N, O, P, and X to subpart B 2.1.1. A fractional number at or above the ceiling fans, as defined in 10 CFR 430.2 in of this part’’. midpoint between the two consecutive whole accordance with the results of testing The addition reads as follows: numbers shall be rounded up to the higher pursuant to this Appendix U or the of the two whole numbers; or procedures in Appendix U as it appeared at § 430.3 Materials incorporated by 2.1.2. A fractional number below the 10 CFR part 430, subpart B, Appendix U, in reference. midpoint between the two consecutive whole the 10 CFR parts 200 to 499 edition revised * * * * * numbers shall be rounded down to the lower as of January 1, 2014. After [DATE 180 DAYS of the two whole numbers. (d) * * * AFTER DATE OF PUBLICATION OF THE (19) ANSI/AMCA 230–12 (‘‘AMCA FINAL RULE], manufacturers of ceiling fans For multi-head ceiling fans, the effective 230’’), Air Movement and Control must make any representations with respect blade span is the blade span of an individual Association Laboratory Methods of to energy use or efficiency in accordance fan head, if all fan heads are the same size. Testing Air Circulating Fans for Rating with the results of testing pursuant to this If the fan heads are of varying sizes, the and Certification, approved February 22, appendix. effective blade span is the blade span of the largest fan head. 2012, IBR approved for appendix U to 1. Definitions: 1.1. Airflow means the rate of air 2.2. Test apparatus for low-volume ceiling subpart B of this part. movement at a specific fan-speed setting fans: All instruments are to have tolerances * * * * * expressed in cubic feet per minute (CFM). within ±1% of reading, except for the air ■ 6. Section 430.23 is amended by 1.2. Ceiling fan efficiency means the ratio velocity sensors, which should have revising paragraph (w) to read as of the total airflow to the total power tolerances within ±5% of reading. Equipment follows: consumption, in units of cubic feet per is to be calibrated at least once a year to minute per watt (CFM/W). compensate for variation over time. § 430.23 Test procedures for the 1.3. High speed means the highest 2.2.1. Air Delivery Room Requirements: measurement of energy and water available ceiling fan speed. The air delivery room dimensions are to be consumption. 1.4. Low speed means the lowest available 20 ±0.75 ft. × 20 ±0.75 ft. with an 11 ±0.75 ft. high ceiling. The control room shall be * * * * * ceiling fan speed. 1.5. Multi-head ceiling fan means a ceiling constructed external to the air delivery room. (w) Ceiling fans. The efficiency of a fan with more than one fan head, i.e., more The ceiling shall be constructed of sheet ceiling fan, expressed in cubic feet per than one set of rotating fan blades. rock or stainless plate. The walls shall be of minute per watt (CFM/watt), shall be 1.6. Total airflow means the following: For adequate thickness to maintain the specified measured in accordance with sections low-volume ceiling fans, total airflow means temperature and humidity during the test.

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The paint used on the walls, as well as the configurations: in the configuration that false ceiling is to be constructed of heavy- wall material, must be of a type that meets the definition of a standard ceiling fan, duty plywood or drywall, or a material with minimizes absorption of humidity and that while minimizing the distance the ceiling similar surface roughness. The false ceiling keeps the temperature of the room constant and the lowest part of the fan blades; and in must be level when the ceiling fan is during the test (e.g., oil-based paint). the configuration that meets the definition of suspended from it. The room shall have no ventilation other a hugger ceiling fan, while minimizing the than an air conditioning and return system distance between the ceiling and the lowest Hang the false ceiling from an actuator used to control the temperature and humidity part of the fan blades. The length and breadth hanging system, which supports the weight of the room. The construction of the room of the false ceiling must be at least 8 inches of both the false ceiling and the ceiling fan must ensure consistent air circulation larger than the blade span of the ceiling fan. and controls the height of the false ceiling patterns within the room. Vents must have If a false ceiling is at least 8 inches larger such that the distance between the fan blades electronically-operated damper doors than the blade span of the largest low-volume and the air velocity sensors can be adjusted controllable from a switch outside of the ceiling fan that will be tested by a testing through automatic (motor-driven) action. testing room. facility, the same false ceiling may be used Either a rotating sensor arm or four fixed 2.2.2. Equipment Set-Up: Hang the ceiling for all fans. The thickness of the false ceiling sensor arms can be used to take airflow fan to be tested directly from a false ceiling, must be sufficient to maintain a flat bottom measurements along four axes, labeled A–D. according to the manufacturer’s installation surface or be supported by additional instructions. All standard and hugger ceiling structural fixtures or stiffeners on the top Axes A, B, C, and D are at 0, 90, 180, and fans shall be hung in the fan configuration surface to maintain that shape. The false 270 degree positions. Axes A–D can be that minimizes the distance between the false ceiling may be made of more than one piece, designated either by using the four walls or ceiling and the fan blades. Multi-mount fans provided that the pieces are joined together four corners of the room. See Figure 1 of this shall be hung and tested in two such that the bottom surface is smooth. The appendix.

The amount of exposed wiring must be with the first sensor at the point where the span of the ceiling fan being tested. A proper minimized. All sensor lead wires must be four axes intersect. Do not touch the actual experimental set-up is shown in Figure 2 of stored under the floor, if possible. sensor prior to testing. Enough sensors shall this appendix. The sensors shall be placed at exactly 4- be used to record air delivery within a circle inch intervals along a sensor arm, starting 8 inches larger in diameter than the blade

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Table 1 of this appendix shows the 2.2.3. Multi-Head Ceiling Fan Test Set-Up: Instead of measuring the air velocity for only appropriate number of sensors needed per Multi-headed ceiling fans are to be hung from those sensors directly beneath the ceiling fan, each of four axes (including the first sensor the false ceiling such that one of the ceiling the air velocity is to be measured at all at the intersection of the axes) for each fan fan heads is directly over sensor 1 (i.e., at the sensors along that axis, as well as the axis size. intersection of axes A, B, C, and D). This can oriented 180 degrees with respect to that be achieved by either offsetting the entire axis. For example, if the tilt is oriented along TABLE 1 TO APPENDIX U TO SUBPART false ceiling, or the multi-head fan with axis A, air velocity measurements are to be respect to the false ceiling, as long as the taken for all sensors along the A–C axis. No OF ART ENSOR ELEC B P 430: S S - requirement that the false ceiling extend at measurements would need to be taken along TION GUIDE least 8 inches beyond the blade span of the the B–D axis in this case. centered fan head is maintained. Supporting 2.3. Active mode test measurement for low- Fan blade span * Number chains, wires, or ropes may be used to keep volume ceiling fans. (inches) of sensors the false ceiling level if the multi-head 2.3.1. Test conditions to be followed when ceiling fan is offset with respect to the false testing: 36 ...... 6 ceiling. The distance between the lowest • The temperature and humidity setting 42 ...... 7 point on the fan blades of the centered fan shall be 76 degrees ±2 degrees Fahrenheit 44 ...... 7 head and the air velocity sensors is to be and 50% ±5% relative humidity. These shall 48 ...... 7 such that it is the same as for all other low- be held constant during the entire test 52 ...... 8 volume ceiling fans (see Figure 2 of this process. 54 ...... 8 appendix). Switching on only the centered • Allow the sensors to be turned on and 56 ...... 8 fan head, the airflow measurements are to be the fan to run for 15 minutes at each fan 60 ...... 9 made in the same manner as for all other speed/setting before taking readings. 72 ...... 10 low-volume ceiling fans. The power • If present, the ceiling fan light fixture is consumption measurements are to be made to be installed but turned off during testing. * The fan sizes listed are intended simply to • be illustrative and do not restrict which ceiling separately, with all fan heads on. If present, any heater is to be installed fan sizes can be tested. 2.2.4. Test Set-Up for Ceiling Fans With but turned off during testing. Airflow Not Directly Downward: For ceiling • The tests shall be conducted with the fan An RPM (revolutions per minute) meter, or fans where the airflow is not directly connected to a supply circuit with a voltage tachometer, should be installed hanging from downward, the ceiling fan head is to be of (a) 120 V for fans rated on the nameplate the ceiling and passing through the false adjusted such that the airflow is as vertical from 105 to 125 V; and (b) 240 V for fans ceiling so that the RPM of the ceiling fan as possible prior to testing. The distance rated on the nameplate from 208 to 250 V. blades can be measured during testing. between the lowest point on the blades and The test voltage shall not vary by more than Use an RMS sensor capable of measuring the air velocity sensors should be the same ±1% during the tests. power with an accuracy of ±1% to measure as for all other low-volume ceiling fans. For • The test shall be conducted with the fan ceiling fan power consumption. Prior to ceiling fans where a fully vertical orientation connected to a supply circuit at the rated testing, the test laboratory must verify the of airflow cannot be achieved, the ceiling fan frequency. performance of the sensor and sensor is to be oriented such that any remaining tilt • Air conditioning vents shall be closed software to be used during the test. is aligned along one of the four sensor axes. during testing.

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2.3.2. Airflow and Power Consumption hung in the configuration (either hugger or consumption (watt) for ceiling fans at high Testing Procedure: Measure the airflow standard) not already tested. speed, in accordance with the test (CFM) and power consumption (watt) for If a multi-head ceiling fan includes more requirements specified in Section 8 low-volume ceiling fans at high and low than one type of ceiling fan head, then test (‘‘Observations and Conduct of Test’’) and speed. at least one of each unique type. A fan head Section 9 (‘‘Calculations’’) of AMCA 230 Step 1: Make sure the transformer power is with different construction that could affect (incorporated by reference, see § 430.3), with off. Hang fan at the actuator hanging system, air movement or power consumption, such as the following modifications: and connect wires as directed by housing, blade pitch, or motor, would 2.5.1. Measure power consumption at a manufacturer’s wiring instructions. Note: constitute a different type of fan head. point that includes all power-consuming Assemble fan prior to the test; lab personnel Measure power input at a point that components of the ceiling fan (but without must follow the instructions provided by the includes all power-consuming components of any attached light kit or heater energized). fan manufacturer. The fan blade assembly the ceiling fan (but without any attached 2.5.2. Measure power consumption shall be balanced in accordance with the light kit or heater energized). Measure power continuously at the rated voltage that manufacturer’s instructions to avoid continuously at the rated voltage that represents normal operation over the time excessive vibration of the motor assembly (at represents normal operation over the time period for which the load differential test is any speed) during operation. period for which the airflow test is conducted. Step 2: Adjust the actuator such that the conducted for each speed, and record the 2.6. Test measurement for standby power lowest point on the fan blades is 43 inches average value of the power measurement at consumption: Standby power consumption above the height of the sensor heads. If that speed in watts (W). must be measured for both low and high- necessary, use the hoist’s toggle switch and Measure ceiling fan power consumption volume ceiling fans that offer one or more of adjust height. simultaneously with the airflow test, except the following user-oriented or protective Step 3: Set the first sensor arm (if using for multi-head ceiling fans. For multi-head functions: four fixed arms) or single sensor arm (if using ceiling fans, measure power consumption at • The ability to facilitate the activation or a single rotating arm) to the 0 degree Position each speed continuously for 100 seconds deactivation of other functions (including (Axis A). If necessary, use marking as with all fan heads turned on, and record the active mode) by remote switch (including reference. If using a single rotating arm, average value at each speed in watts (W). remote control), internal sensor, or timer. adjust the sensor arm alignment until it is at 2.4. Test apparatus for high-volume ceiling • the 0 degree position by remotely controlling fans: The test apparatus and instructions for Continuous functions, including the antenna rotator. testing high-volume ceiling fans shall information or status displays (including Step 4: Set software up to read and record conform to the requirements specified in clocks), or sensor-based functions. air velocity, expressed in feet per minute Section 3 (‘‘Units of Measurement’’), Section Standby power consumption must be (FPM) in 1 second intervals. (Temperature 4 (‘‘Symbols and Subscripts’’), Section 5 measured after completion of the airflow test does not need to be recorded in 1 second (‘‘Definitions’’), Section 6 (‘‘Instruments and for low-volume ceiling fans, or the load intervals.) Record current barometric Methods of Measurement’’), and Section 7 differential test for high-volume ceiling fans, pressure. (‘‘Equipment and Setups’’) of the Air and after the active mode functionality has Step 5: Allow test fan to run 15 minutes Movement and Control Association (AMCA) been switched off (i.e., the rotation of the at rated voltage and at blade speed to be International’s ‘‘AMCA 230: Laboratory ceiling fan blades is no longer energized). tested. Turn off all environmental Methods of Testing Air Circulating Fans for The ceiling fan must remain connected to the conditioning equipment entering the Rating and Certification,’’ February 22, 2012 main power supply and be in the same chamber (e.g., air conditioning), close all (incorporated by reference, see § 430.3), with configuration as in active mode (i.e., any doors and vents, and wait an additional 3 the following modifications: ceiling fan light fixture should still be minutes prior to starting test session. 2.4.1. The test procedure is applicable to attached). Measure standby power Step 6: Begin recording readings. Take 100 high-volume ceiling fans up to 24 feet in consumption according to IEC 62301 readings (100 seconds run-time) and save diameter. (incorporated by reference; see § 430.3) with these data. 2.4.2. A ‘‘ceiling fan’’ is defined as in 10 the following modifications: Step 7: Similarly, take 100 readings (100 CFR 430.2. 2.6.1. Allow 3 minutes between switching seconds run-time) for Axes B, C, and D; save 2.4.3. For all ceiling fans, the minimum off active mode functionality and beginning these data as well. If using four fixed sensor distance between the ceiling and the blades the standby power test. (No additional time arms, the readings for all sensor arms should of a ceiling fan being tested is 44 inches. before measurement is required.) be taken simultaneously. 2.4.4. For a ceiling fan larger than 6 feet in 2.6.2. Measure power consumption Step 8: Repeat steps 3 through 7 above for diameter, the clearance between the floor and continuously for 100 seconds, and record the the remaining fan speed. Note: Ensure that the blades of a ceiling fan being tested is 20 average value of the standby power temperature and humidity readings are held feet. measurement in watts (W). within the required tolerances for the 2.4.5. For a ceiling fan larger than 6 feet in 3. Calculation of Ceiling Fan Efficiency duration of the test (all tested speeds). It may diameter, the minimum distance between the From the Test Results: The efficacy of a be helpful to turn on environmental centerline of a ceiling fan being tested and ceiling fan is the ceiling fan efficiency (as conditioning equipment between test the walls and large obstructions all around is defined in section 1 of this appendix). sessions to ready the room for the following half the ceiling fan blade span plus 10 feet. Using the airflow and power consumption speed test. 2.5. Active mode test measurement for measurements from section 2, calculate Step 9: If testing a multi-mount ceiling fan, high-volume ceiling fans: Calculate the ceiling fan efficiency for a low-volume repeat steps 1 through 8 with the ceiling fan airflow (CFM) and measure the power ceiling fan as follows:

Where: H = high speed, Using the airflow and power consumption

CFMi = airflow at a given speed, L = low speed, measurements from section 3, calculate OHi = operating hours at a given speed, OHSb = operating hours in standby mode, and ceiling fan efficiency for a high-volume Wi = power consumption at a given speed, WSb = power consumption in standby mode. ceiling fan as follows:

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Where: WH = power consumption at high speed, Table 2 of this appendix specifies the daily

CFMH = airflow at high speed, OHSb = operating hours in standby mode, and hours of operation to be used in calculating OHA = operating hours in active mode, WSb = power consumption in standby mode. ceiling fan efficiency:

TABLE 2 TO APPENDIX U TO SUBPART B OF PART 430: DAILY OPERATING HOURS FOR CALCULATING CEILING FAN EFFICIENCY

Daily Operating Hours for Low-Volume Ceiling Fans No standby With standby

High Speed ...... 4.2 4.2 Low Speed ...... 2.2 2.2 Standby Mode ...... 0.0 17.6 Off Mode ...... 17.6 0.0

Daily Operating Hours for High-Volume Ceiling Fans

No With standby standby

Active Mode ...... 12.0 12.0 Standby Mode ...... 0.0 12.0 Off Mode ...... 12.0 0.0

The effective area corresponding to each For sensor 1, the sensor located directly effective width of the circle is 2 inches, and sensor is to be calculated with the following underneath the center of the ceiling fan, the the effective area is: equations:

For the sensors between sensor 1 and the sensor is a distance d, in inches, from sensor last sensor used in the measurement, the 1, then the effective area is: effective area has a width of 4 inches. If a

For the last sensor, the width of the area of a circle 8 inches larger in diameter the ceiling fan blades is included in the effective area depends on the horizontal than the ceiling fan blade span. airflow calculation, the effective width of the displacement between the last sensor and the Therefore, for example, for a 42-inch circle corresponding to the last sensor would point on the ceiling fan blades furthest ceiling fan, the last sensor is 3 inches beyond be 3 inches. The calculation for the effective radially from the center of the fan. The total the end of the ceiling fan blades. Because area corresponding to the last sensor would area included in an airflow calculation is the only the area within 4 inches of the end of then be:

For a 46-inch ceiling fan, the effective area of the last sensor would have a width of 5 inches, and the effective area would be:

3.1.1. Ceiling fan efficiency calculations for head. Repeat for each fan head. Testing of blade pitch, or motor could affect air multi-head ceiling fans: To determine the each fan head is not required if the fan heads movement or power consumption); instead, airflow at a given speed for a multi-head are essentially identical (i.e., do not have the measurements for one fan head can be ceiling fan, measure the airflow for each fan differences in construction such as housing, used for each essentially identical fan head.

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Sum the measured airflow for each fan head Using the airflow and power consumption a low-volume, multi-head ceiling fan as included in the ceiling fan. The power measurements from section 2 of this follows: consumption is the measured power appendix, calculate ceiling fan efficiency for consumption with all fan heads on.

Where: should be calculated based on the continuous centered 3 sensor positions away from the

CFMi = sum of airflow at a given speed for set of sensors with the largest air velocity sensor 1 along the A axis, substitute the air each head, measurements. This continuous set of velocity at A axis sensor 4 for the average air OHi = operating hours at a given speed, sensors should be along the axis that the velocity at sensor 1. Take the average of the Wi = total power consumption at a given ceiling fan tilt is directed in (and along the air velocity at A axis sensors 3 and 5 as a speed, axis that is 180 degrees from the first axis). substitute for the average air velocity at H = high speed, For example, a 42-inch fan tilted toward axis sensor 2, take the average of the air velocity L = low speed, A may create the pattern of air velocity at A axis sensors 2 and 6 as a substitute for OHSb = operating hours in standby mode, and shown in Figure 3 of this appendix. As the average air velocity at sensor 3, etc. WSb = power consumption in standby mode. shown in Table 1 of this appendix, a 42-inch Lastly, take the average of the air velocities 3.1.2. Ceiling fan efficiency calculations for fan would normally require 7 active sensors. at A axis sensor 10 and C axis sensor 4 as ceiling fans with airflow not directly However because the fan is not directed a substitute for the average air velocity at downward: Using a set of sensors that cover downward, all sensors must record data. In sensor 7. Any air velocity measurements the same diameter as if the airflow was this case, because the set of sensors made along the B–D axis are not included in directly downward, the airflow at each speed corresponding to maximum air velocity are the calculation of average air velocity.

[FR Doc. 2014–22883 Filed 10–16–14; 8:45 am] BILLING CODE 6450–01–P

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Part III

The President

Proclamation 9195—Blind Americans Equality Day, 2014

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Federal Register Presidential Documents Vol. 79, No. 201

Friday, October 17, 2014

Title 3— Proclamation 9195 of October 14, 2014

The President Blind Americans Equality Day, 2014

By the President of the United States of America

A Proclamation For half a century, our Nation has set aside one day every year to honor the contributions of blind and visually impaired Americans. In that time, we have built a more just and more inclusive society. We have torn down barriers to full participation in our democracy and economy—but more work remains to guarantee all Americans have a fair shot at success. Today, we reaffirm our commitment to equal access, equal opportunity, and equal respect for every person and continue our work to ensure that no one is excluded from America’s promise. All Americans have a fundamental right to dignity and respect, and to fully take part in the American experience. Every day, people with visual impairments and other print disabilities enrich our communities and demonstrate the inherent worth of every person. In our classrooms, blind Ameri- cans teach history and mathematics while fostering an early awareness of the innate possibility within each person. On canvas and through music, artists with visual impairments show us the world as they know it and broaden our understanding of our universe. Across our country, Americans with disabilities contribute to our workplaces and our economy while secur- ing stronger futures for themselves and their families. My Administration is dedicated to expanding opportunity because all people deserve the freedom to make of their lives what they will. We are building on the foundation of the Americans with Disabilities Act by strengthening the protections against disability-based discrimination and advancing programs that increase accessibility in the places we learn, work, and live. Because Braille is a key tool that unlocks learning for many blind and visually impaired students, my Administration continues to support Braille instruction in classrooms throughout our Nation. We are committed to promoting access to employment opportunities for individuals with disabilities, ensuring new technology remains accessible so disabilities do not stand in the way of cutting-edge innovation, and—through new protections in the Affordable Care Act—preventing health insurance companies from denying coverage based on pre-existing conditions, medical history, or genetic information. When our Nation is able to harness the full potential of all our citizens, we can achieve extraordinary things. On Blind Americans Equality Day, we resolve to live up to the principles enshrined in the heart of our Nation and do our part to form a more perfect Union. By joint resolution approved on October 6, 1964 (Public Law 88–628, as amended), the Congress designated October 15 of each year as ‘‘White Cane Safety Day’’ to recognize the contributions of Americans who are blind or have low vision. Today, let us recommit to ensuring we remain a Nation where all our people, including those with disabilities, have every opportunity to achieve their dreams. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 15, 2014, as Blind Americans Equality Day. I call upon public officials, business

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and community leaders, educators, librarians, and Americans across the country to observe this day with appropriate ceremonies, activities, and programs. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of October, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thirty- ninth.

[FR Doc. 2014–24931 Filed 10–16–14; 11:15 am] Billing code 3295–F5

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Reader Aids Federal Register Vol. 79, No. 201 Friday, October 17, 2014

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

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. 52...... 61944 Presidential Documents 2 CFR 72...... 59623 Executive orders and proclamations 741–6000 Proposed Rules: 431...... 59090 The United States Government Manual 741–6000 2700...... 62060 433...... 61563 Other Services 3 CFR 435...... 61563 436...... 61563 Electronic and on-line services (voice) 741–6020 Proclamations: Proposed Rules: Privacy Act Compilation 741–6064 9174...... 59417 50...... 60383, 62360 9175...... 59419 Public Laws Update Service (numbers, dates, etc.) 741–6043 72...... 59693 9176...... 59421 TTY for the deaf-and-hard-of-hearing 741–6086 429...... 60996, 62522 9177...... 60043 430...... 60996, 62522 9178...... 60045 431...... 59153 ELECTRONIC RESEARCH 9179...... 60047 433...... 61694 9180...... 60049 World Wide Web 435...... 61694 9181...... 60051 460...... 59154 Full text of the daily Federal Register, CFR and other publications 9182...... 60053 is located at: www.fdsys.gov. 9183...... 60055 11 CFR 9184...... 60737 Federal Register information and research tools, including Public 9185...... 60939 110...... 62335 Inspection List, indexes, and Code of Federal Regulations are 9186...... 60941 Proposed Rules: located at: www.ofr.gov. 9187...... 60943 100...... 59459 110...... 62361 E-mail 9188...... 60945 9189...... 61759 12 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 9190...... 62295 an open e-mail service that provides subscribers with a digital 9191...... 62297 50...... 61440 form of the Federal Register Table of Contents. The digital form 9192...... 62299 249...... 61440 of the Federal Register Table of Contents includes HTML and 9193...... 62301 329...... 61440 PDF links to the full text of each document. 9194...... 62303 701...... 59627 To join or leave, go to http://listserv.access.gpo.gov and select 9195...... 62551 706...... 59627 Online mailing list archives, FEDREGTOC-L, Join or leave the list Executive Orders: 790...... 59627 (or change settings); then follow the instructions. 13678...... 60949 Proposed Rules: 611...... 62058 PENS (Public Law Electronic Notification Service) is an e-mail 13679...... 62323 931...... 60783 service that notifies subscribers of recently enacted laws. Administrative Orders: Memorandums: 933...... 60783 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandum of 1001...... 60762 and select Join or leave the list (or change settings); then follow September 24, 1090...... 60762 the instructions. 2014 ...... 60041 1263...... 60384 FEDREGTOC-L and PENS are mailing lists only. We cannot 1277...... 60783 respond to specific inquiries. 5 CFR 13 CFR Reference questions. Send questions and comments about the 890...... 62325 Federal Register system to: [email protected] Proposed Rules: Proposed Rules: 337...... 61266 103...... 62060 The Federal Register staff cannot interpret specific documents or 576...... 61266 124...... 62060 regulations. 792...... 61266 134...... 62060 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 831...... 61266 longer appears in the Federal Register. This information can be 842...... 61266 14 CFR found online at http://bookstore.gpo.gov/. 870...... 61788 13...... 61761 25 ...... 59423, 59431, 60319 7 CFR FEDERAL REGISTER PAGES AND DATE, OCTOBER 39 ...... 59091, 59093, 59096, 301...... 61215 59102, 59630, 59633, 59636, 59087–59422...... 1 319 ...... 59087, 59089, 61216 59640, 59643, 60322, 60325, 59423–59622...... 2 761...... 60739 60327, 60329, 60331, 60334, 59623–60056...... 3 762...... 60739 60337, 60339 60057–60318...... 6 763...... 60739 71...... 62336 73...... 59645, 61989 60319–60738...... 7 764...... 60739 765...... 60739 398...... 60951 60739–60950...... 8 Proposed Rules: 406...... 61990 60951–61214...... 9 319...... 62055 Proposed Rules: 61215–61562...... 10 948...... 60117 39 ...... 59154, 59157, 59160, 61563–61758...... 14 980...... 60117 59162, 59459, 59461, 59463, 61759–61988...... 15 59465, 59467, 59468, 59695, 61989–62294...... 16 10 CFR 59697, 60384, 60389, 60789, 62295–62552...... 17 50...... 62329 62070, 62072, 62075, 62363

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71 ...... 60793, 61790, 62079, 27 CFR 62003, 62006, 62008, 62010, 155...... 59137 62019, 62022, 62035, 62042, 62080, 62366 9...... 60954, 60968 1355...... 61241 1245...... 60119 62346, 62350, 62352 1614...... 61770 Proposed Rules: 60...... 60993 1260...... 61013 478...... 60391 1274...... 61013 63...... 60898 46 CFR 555...... 60391 81 ...... 59674, 60078, 60081 15 CFR 771...... 60391 67...... 61261 93...... 60343 125...... 62358 774...... 61571 29 CFR 180 ...... 59115, 59119, 60748 194...... 60750 Proposed Rules: Proposed Rules: 10...... 60634 515...... 61544 762...... 59166 271...... 59438, 60756 552...... 60974 272...... 59438 47 CFR 16 CFR 2590...... 59130 312...... 60087 4022...... 61761 1240...... 59962 721...... 60759 12...... 61785 Proposed Rules: 20...... 59444 Proposed Rules: Proposed Rules: 1910...... 61384 27...... 59138 306...... 61267 52 ...... 59471, 59703, 60123, 1915...... 61384 54...... 60090 1120...... 62081 60124, 60125, 60405, 61042, 1917...... 61384 61794, 61799, 61822, 62090, 73 ...... 59447, 60090, 60091, 17 CFR 1918...... 61384 62368, 62378, 62379, 62389 61787 1926...... 61384 95...... 60092 200...... 59104 60...... 61044 Proposed Rules: 232...... 61576 30 CFR 63...... 60238, 61843 240...... 61576 81 ...... 59703, 61822, 62389 54...... 60406 1290...... 62047 249...... 61576 110...... 61590 73 ...... 60796, 61045, 61271 249b...... 61576 Proposed Rules: 112...... 61590 5...... 61035 48 CFR Proposed Rules: 116...... 61590 7...... 59167 23...... 59898 117...... 61590 Ch. 1...... 61738, 61743 75...... 59167 140...... 59898 122...... 61590 1...... 61743, 61746 550...... 61041 180...... 61844 2...... 61739, 61746 18 CFR 551...... 61041 191...... 61268 4...... 61739, 61746 556...... 61041 2...... 60953 194...... 61268 12...... 61746 581...... 61041 4...... 59105 228...... 61591 14...... 61746 582...... 61041 38...... 60953 230...... 61590 15...... 61746 585...... 61041 380...... 59105 232...... 61590 19...... 61746 271...... 59471, 60795 22...... 61746 31 CFR 20 CFR 272...... 59471 26...... 61746 34...... 61236 404...... 61221 300 ...... 59179, 59182, 61590 28...... 61743 223...... 61992 302...... 61590 36...... 61746 Proposed Rules: 401...... 61590 620...... 61013 Proposed Rules: 52...... 61743, 61746 1...... 59699 721...... 59186 53...... 61746 21 CFR 205...... 61579 32 CFR 42 CFR Proposed Rules: 206...... 61579 Proposed Rules: Ch. IV...... 62356 215...... 61579 179...... 59699 Ch. V...... 62356 573...... 62090 86...... 59168, 60794 219...... 61579 405...... 59675 226...... 61579 22 CFR 33 CFR 412...... 59121, 59675 232...... 61579 100...... 59647, 61762 413...... 59675 235...... 61579 62...... 60294 415...... 59675 120...... 61226 117 ...... 59431, 59432, 60976, 247...... 61583 62337, 62338 422...... 59675 252...... 61579, 61584 121...... 61226 424...... 59675 123...... 61226 165 ...... 59648, 59650, 60057, 60745, 61238, 61578, 62339, 430...... 59123 49 CFR 126...... 61226 431...... 59123 62341, 62344 10...... 59448 130...... 61226 433...... 59123 Proposed Rules: 26...... 59566 435...... 59123 23 CFR 117...... 61041 355...... 59450 436...... 59123 165...... 59173, 59701 365...... 59450 771...... 60100 440...... 59123 328...... 61590 369...... 59450 485...... 59675 24 CFR 383...... 59450 36 CFR 488...... 59675 5...... 59646 384...... 59450 Proposed Rules: 232...... 59646 Proposed Rules: 385...... 59450 7...... 61587 409...... 61164 387...... 59450 Proposed Rules: 410...... 61164 Ch. II ...... 61020 390...... 59450 37 CFR 418...... 61164 391...... 59139, 59450 891...... 60590 440...... 61164 210...... 60977 392...... 59450 892...... 60590 484...... 61164 970...... 62250 395...... 59450 38 CFR 485...... 61164 397...... 59450 972...... 62250 488...... 61164 Proposed Rules: 602...... 60349 25 CFR 1001...... 59717 622...... 60100 38...... 59176 1003...... 59717 Proposed Rules: Proposed Rules: 81...... 61021 39 CFR 43 CFR 831...... 61272 82...... 61021 3032...... 62290 4...... 62047 169...... 60794 50 CFR 40 CFR 44 CFR 17 ...... 59140, 59992, 60365 26 CFR 51...... 60343 64 ...... 59123, 59127, 61766 622 ...... 60379, 61262, 61585, 1...... 59112 52 ...... 59433, 59435, 59663, 62358 54...... 59130 60059, 60061, 60064, 60065, 45 CFR 648...... 59150 Proposed Rules: 60070, 60073, 60075, 60078, 146...... 59130 679 ...... 60381, 61263, 61264, 1...... 61791 60081, 60347, 60978, 60985, 147...... 59137 62052, 62053, 62054

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Proposed Rules: 61136, 62408 622...... 59204, 62410 660...... 61272 17 ...... 59195, 59364, 60406, 300...... 60796 648...... 59472 679...... 59733, 60802

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List October 9, 2014 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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